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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; amending ss. 2
17.69, 30.61, 39.5035, 39.822, 39.8296, 50.051, 3
119.071, 121.051, 121.71, 154.506, 159.8053, 159.811, 4
175.032, 177.073, 193.703, 196.011, 196.1978, 5
215.55871, 280.051, 282.709, 284.51, 286.0113, 6
288.102, 288.987, 316.0083, 319.30, 320.08058, 322.27, 7
322.76, 330.41, 337.195, 341.302, 365.172, 373.250, 8
393.12, 394.468, 395.901, 397.68141, 403.031, 403.086, 9
403.121, 408.051, 409.909, 409.988, 420.606, 420.6241, 10
456.0145, 456.4501, 459.0075, 465.022, 466.016 , 11
466.028, 466.0281, 493.6127, 516.15, 516.38, 517.131, 12
550.0351, 553.8991, 581.189, 605.0115, 607.0149, 13
624.27, 624.307, 624.413, 624.4213, 624.424, 624.470, 14
626.878, 627.410, 629.121, 648.25, 655.0591, 683.06, 15
709.2209, 715.105, 717.101, 717.1201, 718.11 1, 16
719.108, 720.303, 720.3033, 720.3075, 738.505, 17
812.141, 828.30, 921.0022, 938.10, 985.433, 1001.372, 18
1001.47, 1001.706, 1002.33, 1002.394, 1002.395, 19
1004.44, 1004.647, 1004.6499, 1004.64991, 1004.76, 20
1006.07, 1006.28, 1008.34, 1009.23, 1009.895, 21
1011.804, 1012.22, and 1012.55, F.S; reenacting and 22
amending s. 394.467, F.S.; reenacting ss. 569.31, 23
895.02(8), 1003.485, and 1012.315, F.S.; and repealing 24
s. 331.370, F.S.; deleting provisions that have 25
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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
expired, have become obsolete, have had their effect, 26
have served their purpose, or have been impliedly 27
repealed or superseded; replacing incorrect cross -28
references and citations; correcting grammatical, 29
typographical, and like errors; removing 30
inconsistencies, redundancies, and unnecessary 31
repetition in the stat utes; and improving the clarity 32
of the statutes and facilitating their correct 33
interpretation; providing an effective date. 34
35
Be It Enacted by the Legislature of the State of Florida: 36
37
Section 1. Paragraph (b) of subsection (3) of section 38
17.69, Florida Statutes, is amended to read: 39
17.69 Federal Tax Liaison. — 40
(3) The Federal Tax Liaison may: 41
(b) Direct taxpayers to the proper division or office 42
within the Internal Revenue Service in order to facilitate 43
timely resolution of to taxpayer issues. 44
Reviser's note.—Amended to confirm an editorial substitution to 45
improve clarity. 46
Section 2. Subsection (2) of section 30.61, Florida 47
Statutes, is amended to read: 48
30.61 Establishment of civilian oversight boards. — 49
(2) The board must be composed of at least three and up to 50
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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
seven members appointed by the sheriff, one of whom which shall 51
be a retired law enforcement officer. 52
Reviser's note.—Amended to confirm an editorial substitution to 53
conform to context. 54
Section 3. Paragraph (c) of subsection (4 ) of section 55
39.5035, Florida Statutes, is amended to read: 56
39.5035 Deceased parents; special procedures. — 57
(4) Notice of the date, time, and place of the 58
adjudicatory hearing and a copy of the petition must be served 59
on the following persons: 60
(c) The guardian ad litem for the child or the 61
representative of the Statewide Guardian ad Litem Office 62
guardian ad litem program , if the office program has been 63
appointed. 64
Reviser's note.—Amended pursuant to the directive of the 65
Legislature in s. 61, ch. 2024-70, Laws of Florida, to the 66
Division of Law Revision to prepare a reviser's bill for 67
the 2025 Regular Session of the Legislature to change the 68
terms "Guardian ad Litem Program" and "State Guardian ad 69
Litem Program" throughout the Florida Statutes to 70
"Statewide Guardian ad Litem Office." 71
Section 4. Paragraph (a) of subsection (2) of section 72
39.822, Florida Statutes, is amended to read: 73
39.822 Appointment of guardian ad litem for abused, 74
abandoned, or neglected child. — 75
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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
(2)(a) A guardian ad litem must: 76
1. Be present at all court hearings unless excused by the 77
court. 78
2. Investigate issues related to the best interest of the 79
child who is the subject of the appointment, review all 80
disposition recommendations and changes in placement, and, 81
unless excused by the court, file written reports and 82
recommendations in accordance with general law. 83
3. Represent the child until the court's jurisdiction over 84
the child terminates or until excused by the court. 85
4. Advocate for the child's participation in t he 86
proceedings and to report the child's preferences to the court, 87
to the extent the child has the ability and desire to express 88
his or her preferences. 89
5. Perform other duties that are consistent with the scope 90
of the appointment. 91
Reviser's note.—Amended to confirm an editorial deletion to 92
improve clarity. 93
Section 5. Paragraph (b) of subsection (2) of section 94
39.8296, Florida Statutes, is amended to read: 95
39.8296 Statewide Guardian ad Litem Office; legislative 96
findings and intent; creation; appoint ment of executive 97
director; duties of office. — 98
(2) STATEWIDE GUARDIAN AD LITEM OFFICE. —There is created a 99
Statewide Guardian ad Litem Office within the Justice 100
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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
Administrative Commission. The Justice Administrative Commission 101
shall provide administrative support and service to the office 102
to the extent requested by the executive director within the 103
available resources of the commission. The Statewide Guardian ad 104
Litem Office is not subject to control, supervision, or 105
direction by the Justice Administrative Commission in the 106
performance of its duties, but the employees of the office are 107
governed by the classification plan and salary and benefits plan 108
approved by the Justice Administrative Commission. 109
(b) The Statewide Guardian ad Litem Office shall, within 110
available resources, have oversight responsibilities for and 111
provide technical assistance to all guardian ad litem and 112
attorney ad litem offices located within the judicial circuits. 113
1. The office shall identify the resources required to 114
implement methods of collecting, reporting, and tracking 115
reliable and consistent case data. 116
2. The office shall review the current guardian ad litem 117
offices in Florida and other states. 118
3. The office, in consultation with local guardian ad 119
litem offices, shall develop statewide performance measures and 120
standards. 121
4. The office shall develop and maintain a guardian ad 122
litem training program, which must be updated regularly. 123
5. The office shall review the various methods of funding 124
guardian ad litem offices, maximize the use of those funding 125
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sources to the extent possible, and review the kinds of services 126
being provided by circuit guardian ad litem offices. 127
6. The office shall determine the feasibility or 128
desirability of new concepts of organization, administration, 129
financing, or service delivery designed to preserve the civil 130
and constitutional rights and fulfill other needs of dependent 131
children. 132
7. The office shall ensure that each child has an attorney 133
assigned to his or her case and, within available resources , is 134
represented using multidisciplinary teams that may include 135
volunteers, pro bono attorneys, social workers, and mentors. 136
8. The office shall provide oversight and technical 137
assistance to attorneys ad litem, including, but not limited to, 138
all of the following: 139
a. Development of Develop an attorney ad litem training 140
program in collaboration with dependency court stakeholders, 141
including, but not limited to, dependency judges, 142
representatives from legal aid providing attorney ad litem 143
representation, and an attorney ad litem appointed from a 144
registry maintained by the chief judge. The training program 145
must be updated regularly with or without convening the 146
stakeholders group. 147
b. Offering Offer consultation and technical assistance to 148
chief judges in maintaining attorney registries for the 149
selection of attorneys ad litem. 150
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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
c. Assistance Assist with recruitment, training, and 151
mentoring of attorneys ad litem as needed. 152
9. In an effort to promote normalcy and establish trust 153
between a guardian ad litem and a child alleged to be abused, 154
abandoned, or neglected under this chapter, a guardian ad litem 155
may transport a child. However, a guardian ad litem may not be 156
required by a guardian ad litem circuit office or ordered by a 157
court to transport a child. 158
10. The office shall submit to the Governor, the President 159
of the Senate, the Speaker of the House of Representatives, and 160
the Chief Justice of the Supreme Court an interim report 161
describing the progress of the office in meeting the goals as 162
described in this section. The office shall submit to the 163
Governor, the President of the Senate, the Speaker of the House 164
of Representatives, and the Chief Justice of the Supreme Court a 165
proposed plan including alternatives for meeting the state's 166
guardian ad litem and at torney ad litem needs. This plan may 167
include recommendations for less than the entire state, may 168
include a phase-in system, and shall include estimates of the 169
cost of each of the alternatives. Each year the office shall 170
provide a status report and provide further recommendations to 171
address the need for guardian ad litem representation and 172
related issues. 173
Reviser's note.—Amended to improve structure. 174
Section 6. Section 50.051, Florida Statutes, is amended to 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
read: 176
50.051 Proof of publication; form of u niform affidavit.—177
The printed form upon which all such affidavits establishing 178
proof of publication are to be executed shall be substantially 179
as follows: 180
181
NAME OF COUNTY 182
183
STATE OF FLORIDA 184
185
COUNTY OF ....: 186
Before the undersigned authority personally appear ed ...., 187
who on oath says that he or she is .... of .... County, Florida; 188
that the attached copy of advertisement, being a .... in the 189
matter of .... in the .... Court, was published on the publicly 190
accessible website of .... County, Florida, or in a newsp aper by 191
print in the issues of .... on ...(date).... 192
Affiant further says that the website or newspaper complies 193
with all legal requirements for publication in chapter 50, 194
Florida Statutes. 195
196
Sworn to and subscribed before me this .... day of ...., 197
...(year)..., by ...., who is personally known to me or who has 198
produced ...(type of identification)... as identification. 199
200
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...(Signature of Notary Public)... 201
202
...(Print, Type, or Stamp Commissioned Name of Notary Public)... 203
204
...(Notary Public)... 205
Reviser's note.—Amended to conform to general style in forms. 206
Section 7. Paragraph (e) of subsection (3) of section 207
119.071, Florida Statutes, is amended to read: 208
119.071 General exemptions from inspection or copying of 209
public records.— 210
(3) SECURITY AND FIRESAFET Y.— 211
(e)1.a. Building plans, blueprints, schematic drawings, 212
and diagrams, including draft, preliminary, and final formats, 213
which depict the structural elements of 911, E911, or public 214
safety radio communication system infrastructure, including 215
towers, antennas antennae, equipment or facilities used to 216
provide 911, E911, or public safety radio communication 217
services, or other 911, E911, or public safety radio 218
communication structures or facilities owned and operated by an 219
agency are exempt from s. 119.07(1 ) and s. 24(a), Art. I of the 220
State Constitution. 221
b. Geographical maps indicating the actual or proposed 222
locations of 911, E911, or public safety radio communication 223
system infrastructure, including towers, antennas antennae, 224
equipment or facilities used to provide 911, E911, or public 225
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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
safety radio services, or other 911, E911, or public safety 226
radio communication structures or facilities owned and operated 227
by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I 228
of the State Constitution. 229
2. This exemption applies to building plans, blueprints, 230
schematic drawings, and diagrams, including draft, preliminary, 231
and final formats, which depict the structural elements of 911, 232
E911, or public safety radio communication syste m infrastructure 233
or other 911, E911, or public safety radio communication 234
structures or facilities owned and operated by an agency, and 235
geographical maps indicating actual or proposed locations of 236
911, E911, or public safety radio communication system 237
infrastructure or other 911, E911, or public safety radio 238
communication structures or facilities owned and operated by an 239
agency, before, on, or after the effective date of this act. 240
3. Information made exempt by this paragraph may be 241
disclosed: 242
a. To another governmental entity if disclosure is 243
necessary for the receiving entity to perform its duties and 244
responsibilities; 245
b. To a licensed architect, engineer, or contractor who is 246
performing work on or related to the 911, E911, or public safety 247
radio communication system infrastructure, including towers, 248
antennas antennae, equipment or facilities used to provide 911, 249
E911, or public safety radio communication services, or other 250
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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
911, E911, or public safety radio communication structures or 251
facilities owned and operated by an agency; or 252
c. Upon a showing of good cause before a court of 253
competent jurisdiction. 254
4. The entities or persons receiving such information must 255
maintain the exempt status of the information. 256
5. For purposes of this paragraph, the t erm "public safety 257
radio" is defined as the means of communication between and 258
among 911 public safety answering points, dispatchers, and first 259
responder agencies using those portions of the radio frequency 260
spectrum designated by the Federal Communications Commission 261
under 47 C.F.R. part 90 for public safety purposes. 262
6. This paragraph is subject to the Open Government Sunset 263
Review Act in accordance with s. 119.15 and shall stand repealed 264
on October 2, 2025, unless reviewed and saved from repeal 265
through reenactment by the Legislature. 266
Reviser's note.—Amended to conform to the general usage of 267
"antennas" when referencing transducers and "antennae" when 268
referencing insect parts. 269
Section 8. Paragraph (a) of subsection (2) of section 270
121.051, Florida Stat utes, is amended to read: 271
121.051 Participation in the system. — 272
(2) OPTIONAL PARTICIPATION. — 273
(a)1. Any officer or employee who is a member of an 274
existing system, except any officer or employee of any nonprofit 275
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professional association or corporation, may elect, if eligible, 276
to become a member of this system at any time between April 15, 277
1971, and June 1, 1971, inclusive, by notifying his or her 278
employer in writing of the desire to transfer membership from 279
the existing system to this system. Any office r or employee who 280
was a member of an existing system on December 1, 1970, and who 281
did not elect to become a member of this system shall continue 282
to be covered under the existing system subject to the 283
provisions of s. 121.045. A person who has retired under any 284
state retirement system shall not be eligible to transfer to the 285
Florida Retirement System created by this chapter subsequent to 286
such retirement. Any officer or employee who, prior to July 1, 287
1947, filed a written rejection of membership in a state 288
retirement system and who continues employment without 289
participating in the Florida Retirement System may withdraw the 290
rejection in writing and, if otherwise eligible, participate in 291
the Florida Retirement System and purchase prior service in 292
accordance with this chapter. Any former member of an existing 293
system who was permitted to transfer to the Florida Retirement 294
System while employed by the University Athletic Association, 295
Inc., a nonprofit association connected with the University of 296
Florida, during this or subsequent transfer periods, contrary to 297
the provisions of this paragraph, is hereby confirmed as a 298
member of the Florida Retirement System, the provisions of this 299
paragraph to the contrary notwithstanding. Any officer or 300
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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
employee of the University Athletic Associat ion, Inc., employed 301
prior to July 1, 1979, who was a member of the Florida 302
Retirement System and who chose in writing on a University 303
Athletic Association Plan Participation Election form, between 304
July 1, 1979, and March 31, 1980, inclusively, to terminate his 305
or her participation in the Florida Retirement System shall 306
hereby have such termination of participation confirmed and 307
declared irrevocable retroactive to the date Florida Retirement 308
System retirement contributions ceased to be reported for such 309
officer or employee. The following specific conditions shall 310
apply to any such officer or employee whose participation was so 311
terminated: The officer or employee shall retain all creditable 312
service earned in the Florida Retirement System through the 313
month that retirement contributions ceased to be reported and no 314
creditable service shall be earned after such month; the officer 315
or employee shall not be eligible for disability retirement or 316
death in line of duty benefits if such occurred after the date 317
that participation terminated; and, the officer or employee may 318
participate in the Florida Retirement System in the future only 319
if employed by a participating employer in a regularly 320
established position. 321
2. Any member transferring from the existing system under 322
chapter 238 shall retain rights to survivor benefits under that 323
chapter through November 30, 1975, or until fully insured for 324
disability benefits under social security, whichever is the 325
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earliest date, and thereafter no such rights shall exist. 326
3. Any officer or employee who is a member of an existing 327
system on April 15, 1972, and who was eligible to transfer to 328
this system under the provisions of subparagraph 1., but who 329
elected to remain in the existing system, may elect, if eligible 330
under the Social Secu rity Act, 42 U.S.C. s. 418(d)(6)(F), to 331
become a member of this system at any time between April 15, 332
1972, and June 30, 1972, inclusive, by notifying his or her 333
employer in writing of the desire to transfer membership from an 334
existing system to this system . Such transfer shall be subject 335
to the following conditions: 336
a. All persons electing to transfer to the Florida 337
Retirement System under this subparagraph shall be transferred 338
on July 1, 1972, and shall thereafter be subject to the 339
provisions of the Flor ida Retirement System retroactively to 340
November 30, 1970, and at retirement have their benefits 341
calculated in accordance with the provisions of s. 121.091. 342
b. Social security coverage incidental to such elective 343
membership in the Florida Retirement Syste m shall be effective 344
November 30, 1970, and all amounts required from a member for 345
retroactive social security coverage shall, at the time such 346
election is made, be deducted from the individual account of the 347
member, and the difference between the amount r emaining in the 348
individual account of such member and the total amount which 349
such member would have contributed had he or she become a member 350
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of the Florida Retirement System on November 30, 1970, shall be 351
paid into the system trust fund and added to the m ember's 352
individual account prior to July 1, 1975, or by his or her date 353
of retirement, if earlier. Interest at the rate of 8 percent per 354
annum, compounded annually until paid, shall be charged on any 355
balance remaining unpaid on said date. 356
c. There is appropriated out of the system trust fund into 357
the Social Security Contribution Trust Fund the amount required 358
by federal laws and regulations to be contributed with respect 359
to social security coverage for the years after November 30, 360
1970, of the members of an existing system who transfer to the 361
Florida Retirement System in accordance with this subparagraph 362
and who qualify for retroactive social security coverage. The 363
amount paid from this appropriation with respect to the 364
employees of any employer shall be c harged to the employing 365
agency. There shall be credited against this charge the 366
difference between the matching contributions actually made for 367
the affected employees from November 30, 1970, to June 30, 1972, 368
and the amount of matching contributions that w ould have been 369
required under the Florida Retirement System. 370
d. The net amounts charged the employing agencies for 371
employees transferring to the Florida Retirement System under 372
this subparagraph shall be paid to the system trust fund prior 373
to July 1, 1975. Interest at the rate of 8 percent per annum, 374
compounded annually until paid, shall be charged on any balance 375
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remaining unpaid on said date. 376
e. The administrator shall request such modification of 377
the state's agreement with the Social Security Administ ration, 378
or any referendum required under the Social Security Act 379
governing social security coverage, as may be required to 380
implement the provisions of this law. Retroactive social 381
security coverage for service with an employer prior to November 382
30, 1970, shall not be provided for any member who was not 383
covered under the agreement as of November 30, 1970. 384
4. Any officer or employee who was a member of an existing 385
system on December 1, 1970, and who is still a member of an 386
existing system, except any office r or employee of any nonprofit 387
professional association or corporation, may elect, if eligible, 388
to become a member of this system at any time between September 389
1, 1974, and November 30, 1974, inclusive, by notifying his or 390
her employer in writing of the de sire to transfer membership 391
from the existing system to this system. This decision to 392
transfer or not to transfer shall become irrevocable on November 393
30, 1974. All members electing to transfer during the transfer 394
period shall become members of the Florida Retirement System on 395
January 1, 1975, and shall be subject to the provisions of the 396
Florida Retirement System on and after that date. Any officer or 397
employee who was a member of an existing system on December 1, 398
1970, and who does not elect to become a me mber of this system 399
shall continue to be covered under the existing system, subject 400
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to the provisions of s. 121.045. Any member transferring from 401
the Teachers' Retirement System of Florida under chapter 238 to 402
the Florida Retirement System on January 1, 19 75, shall retain 403
rights to survivor benefits under chapter 238 from January 1, 404
1975, through December 31, 1979, or until fully insured for 405
disability benefits under the Social Security Act, whichever is 406
the earliest date, and thereafter no such rights shal l exist. 407
5.a. Any officer or employee who was a member of an 408
existing system on December 1, 1970, and who is still a member 409
of an existing system, except any officer or employee of any 410
nonprofit professional association or corporation, may elect, if 411
eligible, to become a member of this system at any time between 412
January 2, 1982, and May 31, 1982, inclusive, by notifying his 413
or her employer in writing of the desire to transfer membership 414
from the existing system to this system. This decision to 415
transfer or not to transfer shall become irrevocable on May 31, 416
1982. All members electing to transfer during the transfer 417
period shall become members of the Florida Retirement System on 418
July 1, 1982, and shall be subject to the provisions of the 419
Florida Retirement S ystem on and after that date. Any officer or 420
employee who was a member of an existing system on December 1, 421
1970, and who does not elect to become a member of this system 422
shall continue to be covered under the existing system, subject 423
to the provisions of s. 121.045. Any member transferring from 424
the Teachers' Retirement System under chapter 238 to the Florida 425
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Retirement System on January 1, 1979, shall retain rights to 426
survivor benefits under chapter 238 from January 1, 1979, 427
through December 31, 1983, or u ntil fully insured for disability 428
benefits under the federal Social Security Act, whichever is the 429
earliest date, and thereafter no such rights shall exist. Any 430
such member transferring to the Florida Retirement System on 431
July 1, 1982, shall retain rights to survivor benefits under 432
chapter 238 from July 1, 1982, through June 30, 1987, or until 433
fully insured for disability benefits under the federal Social 434
Security Act, whichever is the earliest date, and thereafter no 435
such rights shall exist. 436
b. Any deficit, as determined by the state actuary, 437
accruing to the Survivors' Benefit Trust Fund of the Teachers' 438
Retirement System and resulting from the passage of chapter 78 -439
308, Laws of Florida, and chapter 80 -242, Laws of Florida, shall 440
become an obligation of t he Florida Retirement System Trust 441
Fund. 442
6. Any active member of an existing system who was not 443
employed in a covered position during a time when transfer to 444
the Florida Retirement System was allowed as described in rule 445
22B-1.004(2)(a), Florida Administ rative Code, or as provided in 446
paragraph (1)(c) of this section, may elect, if eligible, to 447
become a member of this system at any time between January 1, 448
1991, and May 29, 1991, inclusive, by notifying his or her 449
employer in writing of the desire to transf er membership from 450
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the existing system to this system. The decision to transfer or 451
not to transfer shall become irrevocable on May 29, 1991. 452
Failure to notify the employer shall result in compulsory 453
membership in the existing system. All members electing t o 454
transfer during the transfer period shall become members of the 455
Florida Retirement System on July 1, 1991, and shall be subject 456
to the provisions of the Florida Retirement System on and after 457
that date. Any member so transferring from the existing system 458
under chapter 238 to the Florida Retirement System on July 1, 459
1991, shall retain rights to survivor benefits under that 460
chapter from July 1, 1991, through June 30, 1996, or until fully 461
insured for benefits under the federal Social Security Act, 462
whichever is the earliest date, and thereafter no such rights 463
shall exist. 464
Reviser's note.—Amended to delete obsolete language. 465
Section 9. Subsection (5) of section 121.71, Florida 466
Statutes, is amended to read: 467
121.71 Uniform rates; process; calculations; levy.— 468
(5) In order to address unfunded actuarial liabilities of 469
the system, the required employer retirement contribution rates 470
for each membership class and subclass of the Florida Retirement 471
System for both retirement plans are as follows: 472
473
Membership Class
Percentage of
Gross
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Compensation,
Effective
July 1, 2024
474
475
Regular Class 4.84%
476
Special Risk Class 12.07%
477
Special Risk
Administrative
Support Class 26.22%
478
Elected Officers' Class —
Legislators, Governor,
Lt. Governor,
Cabinet Officers,
State Attorneys,
Public Defenders 50.21%
479
Elected Officers' Class —
Justices, Judges 28.49%
480
Elected Officers' Class — 44.23%
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County Elected Officers
481
Senior Management Service Class 23.90%
482
DROP 10.64%
483
Reviser's note.—Amended to confirm the editorial reinsertion of 484
percent signs stricken by s. 3, ch. 2024 -92, Laws of 485
Florida, to facilitate correct interpretation. 486
Section 10. Subsections (1) and (3) of section 154.506, 487
Florida Statutes, are amended to read: 488
154.506 Primary care for children and families challenge 489
grant awards.— 490
(1) Primary care for children and families challenge 491
grants shall be awarded on a matching basis. The county or 492
counties shall provide $1 in local matching funds for each $2 493
grant payment made by the state. Except as provided in 494
subsection (2), up to 50 percent of the county match may be in -495
kind in the form of free hospital and physician services. 496
However, a county shall not supplant the value of donated 497
services in fiscal year 1996 as documented in the volunteer 498
health care provider program annual report. The department shall 499
develop a methodology for determining the value of an in -kind 500
match. Any third party reimbursement and all fees collected 501
shall not be considered local match or i n-kind contributions. 502
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Fifty percent of the local match shall be in the form of cash. 503
(3) Grant awards shall be based on a county's population 504
size, or each individual county's size in a group of counties, 505
and other factors, in an amount as determined by the department. 506
However, for fiscal year 1997 -1998, no fewer than four grants 507
shall be awarded. 508
Reviser's note.—Amended to delete obsolete language. 509
Section 11. Paragraph (g) of subsection (2) of section 510
159.8053, Florida Statutes, is amended to read: 511
159.8053 Issuance reports; final certification of 512
allocation.— 513
(2) Each issuance report must include all of the following 514
information: 515
(g) The purpose for which the bonds were issued, including 516
the private business or entity that will benefit from or use the 517
proceeds of the bonds; the name of the project, if known; the 518
location of the project; whether the project is an acquisition 519
of an existing facility or new construction; and the number of 520
products manufactured or the number of residential units, if 521
applicable. 522
Reviser's note.—Amended to confirm an editorial insertion to 523
improve clarity. 524
Section 12. Subsection (1) of section 159.81 1, Florida 525
Statutes, is amended to read: 526
159.811 Fees; trust fund. — 527
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(1) There shall be imposed a nonrefundable fee on each 528
notice of intent to issue a private activity bond filed with the 529
division pursuant to s. 159.8051. A notice of intent to issue 530
may not be accepted by the division unless and until the fee has 531
been paid. The fee, which may be revised from time to time, must 532
be an amount sufficient to cover all expenses of maintaining the 533
allocation system in this part. The amount of the fee may not 534
exceed $500 and may be adjusted no more than once every 6 535
months. The fee must be included in the division's schedule of 536
fees and expenses in s. 215.65(3). 537
Reviser's note.—Amended to confirm an editorial insertion to 538
improve clarity. 539
Section 13. Subsect ion (2) of section 175.032, Florida 540
Statutes, is amended to read: 541
175.032 Definitions. —For any municipality, special fire 542
control district, chapter plan, local law municipality, local 543
law special fire control district, or local law plan under this 544
chapter, the term: 545
(2) "Average final compensation" for: 546
(a) A full-time firefighter means one -twelfth of the 547
average annual compensation of the 5 best years of the last 10 548
years of creditable service before retirement, termination, or 549
death, or the career a verage as a full-time firefighter since 550
July 1, 1953, whichever is greater. A year is 12 consecutive 551
months or such other consecutive period of time as is used and 552
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consistently applied. 553
(b) A volunteer firefighter means the average salary of 554
the 5 best years of the last 10 best contributing years before 555
change in status to a permanent full -time firefighter or 556
retirement as a volunteer firefighter or the career average of a 557
volunteer firefighter, since July 1, 1953, whichever is greater. 558
Reviser's note.—Amended to delete obsolete language. 559
Section 14. Paragraph (b) of subsection (1) of section 560
177.073, Florida Statutes, is amended to read: 561
177.073 Expedited approval of residential building permits 562
before a final plat is recorded. — 563
(1) As used in this section, the term: 564
(b) "Final plat" means the final tracing, map, or site 565
plan presented by the subdivider to a governing body for final 566
approval, and, upon approval by the appropriate governing body, 567
is submitted to the clerk of the circuit court for recording. 568
Reviser's note.—Amended to improve sentence structure. 569
Section 15. Paragraph (b) of subsection (7) of section 570
193.703, Florida Statutes, is amended to read: 571
193.703 Reduction in assessment for living quarters of 572
parents or grandparents. — 573
(7) 574
(b)1. If a reduction is improperly granted due to a 575
clerical mistake or omission by the property appraiser, the 576
person who improperly received the reduction may not be assessed 577
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a penalty or interest. Back taxes shall apply only as follows: 578
a. If the person who received the reduction in assessed 579
value as a result of a clerical mistake or omission voluntarily 580
discloses to the property appraiser that he or she was not 581
entitled to the reduction in assessed value before the property 582
appraiser notifies th e owner of the mistake or omission, no back 583
taxes shall be due. 584
b. If the person who received the reduction in assessed 585
value as a result of a clerical mistake or omission does not 586
voluntarily disclose to the property appraiser that he or she 587
was not entitled to the limitation before the property appraiser 588
notifies the owner of the mistake or omission, back taxes shall 589
be due for any year or years that the owner was not entitled to 590
the limitation within the 5 years before the property appraiser 591
notified the owner of the mistake or omission. 592
2. The property appraiser shall serve upon an owner who 593
that owes back taxes under sub -subparagraph 1.b. a notice of 594
intent to record in the public records of the county a notice of 595
tax lien against any property owned by that person in the 596
county, and such property must be identified in the notice of 597
tax lien. The property appraiser must include with such notice 598
information explaining why the owner is not entitled to the 599
limitation, the years for which unpaid taxes are due, and the 600
manner in which unpaid taxes have been calculated. Before such 601
lien may be filed, the owner must be given 30 days within which 602
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to pay the taxes, penalties, and interest. Such lien is subject 603
to s. 196.161(3). 604
Reviser's note.—Amended to confirm an editorial substitution to 605
conform to context. 606
Section 16. Subsection (1) of section 196.011, Florida 607
Statutes, is amended to read: 608
196.011 Annual application required for exemption. — 609
(1)(a) Except as provided in s. 196.081(1)(b), every 610
person or organization who, on January 1, has the legal title to 611
real or personal property, except inventory, which is entitled 612
by law to exemption from taxation as a result of its ownership 613
and use shall, on or before March 1 of each year, file an 614
application for exemption with the county property appraiser, 615
listing and describing the property for which exemption is 616
claimed and certifying its ownership and use. The Department of 617
Revenue shall prescribe the forms upon which the application is 618
made. Failure to make application, when required, on or before 619
March 1 of any year shall constitute a waiver of the exemption 620
privilege for that year, except as provided in subsection (8) 621
(7) or subsection (9). 622
(b) The form to apply for an exemption under s. 196.031, 623
s. 196.081, s. 196.091, s. 196.101, s. 196.102, s. 196.173, or 624
s. 196.202 must include a space for the applicant to list the 625
social security number of the applicant and of the applicant's 626
spouse, if any. If an applicant files a timely and otherwise 627
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complete application, and omits the required social security 628
numbers, the application is incomplete. In that event, the 629
property appraiser shall contact the applicant, who may refile a 630
complete application by April 1. Failure to file a complete 631
application by that date constitutes a waiver of the exemption 632
privilege for that year, except as provided in subsection (8) 633
(7) or subsection (9). 634
Reviser's note.—Amended to conform to the redesignation of 635
former subsection (7) as subsection (8) by s. 4, ch. 2024 -636
101, Laws of Florida. 637
Section 17. Paragraph (b) of subsection (4) of section 638
196.1978, Florida Statutes, is amended to read: 639
196.1978 Affordable housing property exemption. — 640
(4) 641
(b) The multifamily proj ect must: 642
1. Be composed of an improvement to land where an 643
improvement did not previously exist or the construction of a 644
new improvement where an old improvement was removed, which was 645
substantially completed within 2 years before the first 646
submission of an application for exemption under this 647
subsection. For purposes of this subsection, the term 648
"substantially completed" has the same definition as in s. 649
192.042(1). 650
2. Contain more than 70 units that are used to provide 651
affordable housing to natural pe rsons or families meeting the 652
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extremely-low-income, very-low-income, or low-income limits 653
specified in s. 420.0004. 654
3. Be subject to a land use restriction agreement with the 655
Florida Housing Finance Corporation recorded in the official 656
records of the county in which the property is located that 657
requires that the property be used for 99 years to provide 658
affordable housing to natural persons or families meeting the 659
extremely-low-income, very-low-income, low-income, or moderate-660
income limits specified in s. 420.0004. The agreement must 661
include a provision for a penalty for ceasing to provide 662
affordable housing under the agreement before the end of the 663
agreement term that is equal to 100 percent of the total amount 664
financed by the corporation multiplied by eac h year remaining in 665
the agreement. The agreement may be terminated or modified 666
without penalty if the exemption under this subsection is 667
repealed. 668
669
The property is no longer eligible for this exemption if the 670
property no longer serves extremely -low-income, very-low-income, 671
or low-income persons pursuant to the recorded agreement. 672
Reviser's note.—Amended to confirm an editorial insertion to 673
improve clarity. 674
Section 18. Paragraph (c) of subsection (5) of section 675
215.55871, Florida Statutes, is amended to read: 676
215.55871 My Safe Florida Condominium Pilot Program. —There 677
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is established within the Department of Financial Services the 678
My Safe Florida Condominium Pilot Program to be implemented 679
pursuant to appropriations. The department shall provide fiscal 680
accountability, contract management, and strategic leadership 681
for the pilot program, consistent with this section. This 682
section does not create an entitlement for associations or unit 683
owners or obligate the state in any way to fund the inspection 684
or retrofitting of condominiums in the state. Implementation of 685
this pilot program is subject to annual legislative 686
appropriations. It is the intent of the Legislature that the My 687
Safe Florida Condominium Pilot Program provide licensed 688
inspectors to perform inspectio ns for and grants to eligible 689
associations as funding allows. 690
(5) MITIGATION GRANTS. —Financial grants may be used by 691
associations to make improvements recommended in a hurricane 692
mitigation inspection report which increase the condominium's 693
resistance to hurricane damage. 694
(c) An association awarded a grant must complete the 695
entire mitigation project in order to receive the final grant 696
award and must agree to make the property available for a final 697
inspection once the mitigation project is finished to ens ure the 698
mitigation improvements are completed in a manner matter 699
consistent with the intent of the pilot program and meet or 700
exceed the applicable Florida Building Code requirements. 701
Construction must be completed and the association must submit a 702
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request to the department for a final inspection, or request an 703
extension of time, within 1 year after receiving grant approval. 704
If the association fails to comply with this paragraph, the 705
application is deemed abandoned and the grant money reverts back 706
to the department. 707
Reviser's note.—Amended to confirm an editorial substitution to 708
conform to context. 709
Section 19. Section 280.051, Florida Statutes, is amended 710
to read: 711
280.051 Grounds for suspension or disqualification of a 712
qualified public depository. —A qualified public depository may 713
be suspended or disqualified or both if the Chief Financial 714
Officer determines that the qualified public depository has: 715
(1) Has violated any of the provisions of this chapter or 716
any rule adopted by the Chief Financial Officer pursuant to this 717
chapter. 718
(2) Has submitted reports containing inaccurate or 719
incomplete information regarding public deposits or collateral 720
for such deposits, tangible equity capital, or the calculation 721
of required collateral. 722
(3) Has failed to maintain required collateral. 723
(4) Has grossly misstated the market value of the 724
securities pledged as collateral. 725
(5) Has failed to pay any administrative penal ty. 726
(6) Has failed to furnish the Chief Financial Officer with 727
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prompt and accurate information, or failed to allow inspection 728
and verification of any information, dealing with public 729
deposits or dealing with the exact status of its tangible equity 730
capital, or other financial information that the Chief Financial 731
Officer determines necessary to verify compliance with this 732
chapter or any rule adopted pursuant to this chapter. 733
(7) Has failed to furnish the Chief Financial Officer, 734
when the Chief Financial Officer requested, with a power of 735
attorney or bond power or other bond assignment form required by 736
the bond agent, bond trustee, or other transferor for each issue 737
of registered certificated securities pledged. 738
(8) Has failed to furnish any agreement, report, form, or 739
other information required to be filed pursuant to s. 280.16, or 740
when requested by the Chief Financial Officer. 741
(9) Has submitted reports signed by an unauthorized 742
individual. 743
(10) Has submitted reports without a certified or verified 744
signature, or both, if required by law. 745
(11) Has released a security without notice or approval. 746
(12) Has failed to execute or have the custodian execute a 747
collateral control agree ment before using a custodian. 748
(13) Has failed to give notification as required by s. 749
280.10. 750
(14) Has failed to file the attestation required under s. 751
280.025. 752
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(15) No longer meets the definition of a qualified public 753
depository under s. 280.02. 754
Reviser's note.—Amended to improve clarity. 755
Section 20. Paragraph (c) of subsection (1) of section 756
282.709, Florida Statutes, is amended to read: 757
282.709 State agency law enforcement radio system and 758
interoperability network. — 759
(1) The department may a cquire and administer a statewide 760
radio communications system to serve law enforcement units of 761
state agencies, and to serve local law enforcement agencies 762
through mutual aid channels. 763
(c)1. The department may rent or lease space on any tower 764
under its control and refuse to lease space on any tower at any 765
site. 766
2. The department may rent, lease, or sublease ground 767
space as necessary to locate equipment to support antennas 768
antennae on the towers. The costs for the use of such space 769
shall be established b y the department for each site if it is 770
determined to be practicable and feasible to make space 771
available. 772
3. The department may rent, lease, or sublease ground 773
space on lands acquired by the department for the construction 774
of privately owned or publicly owned towers. The department may, 775
as a part of such rental, lease, or sublease agreement, require 776
space on such towers for antennas antennae as necessary for the 777
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construction and operation of the state agency law enforcement 778
radio system or any other stat e need. 779
4. All moneys collected by the department for rents, 780
leases, and subleases under this subsection shall be deposited 781
directly into the State Agency Law Enforcement Radio System 782
Trust Fund established in subsection (3) and may be used by the 783
department to construct, maintain, or support the system. 784
5. The positions necessary for the department to 785
accomplish its duties under this subsection shall be established 786
in the General Appropriations Act and funded by the Law 787
Enforcement Radio Operating Trus t Fund or other revenue sources. 788
Reviser's note.—Amended to conform to the general usage of 789
"antennas" when referencing transducers and "antennae" when 790
referencing insect parts. 791
Section 21. Paragraph (a) of subsection (1) of section 792
284.51, Florida Statutes, is amended to read: 793
284.51 Electroencephalogram combined transcranial magnetic 794
stimulation treatment pilot program. — 795
(1) As used in this section, the term: 796
(a) "Division" means the Division of Risk Management of at 797
the Department of Financial Services. 798
Reviser's note.—Amended to confirm an editorial substitution to 799
improve clarity. 800
Section 22. Paragraphs (a) and (b) of subsection (4) of 801
section 286.0113, Florida Statutes, are amended to read: 802
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286.0113 General exemptions from public meetin gs.— 803
(4)(a) Any portion of a meeting that would reveal building 804
plans, blueprints, schematic drawings, or diagrams, including 805
draft, preliminary, and final formats, which depict the 806
structural elements of 911, E911, or public safety radio 807
communication system infrastructure, including towers, antennas 808
antennae, equipment or facilities used to provide 911, E911, or 809
public safety radio communication services, or other 911, E911, 810
or public safety radio communication structures or facilities 811
made exempt by s. 119.071(3)(e)1.a. is exempt from s. 286.011 812
and s. 24, Art. I of the State Constitution. 813
(b) Any portion of a meeting that would reveal 814
geographical maps indicating the actual or proposed locations of 815
911, E911, or public safety radio communication system 816
infrastructure, including towers, antennas antennae, equipment 817
or facilities used to pro vide 911, E911, or public safety radio 818
communication services, or other 911, E911, or public safety 819
radio communication structures or facilities made exempt by s. 820
119.071(3)(e)1.b. is exempt from s. 286.011 and s. 24, Art. I of 821
the State Constitution. 822
Reviser's note.—Amended to conform to the general usage of 823
"antennas" when referencing transducers and "antennae" when 824
referencing insect parts. 825
Section 23. Paragraph (a) of subsection (3) and subsection 826
(7) of section 288.102, Florida Statutes, are amende d to read: 827
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288.102 Supply Chain Innovation Grant Program. — 828
(3)(a) The department shall collaborate with the 829
Department of Transportation to review applications submitted 830
and select projects for awards which create strategic 831
investments in infrastructur e to increase capacity and address 832
freight mobility to meet the economic development goals of the 833
state. 834
(7) The Department of Commerce, in conjunction with the 835
Department of Transportation, shall annually provide a list of 836
each project awarded, the bene fit of each project in meeting the 837
goals and objectives of the program, and the current status of 838
each project. The department shall include such information in 839
its annual incentives report required under s. 288.0065 20.0065. 840
Reviser's note.—Paragraph (3)(a) is amended to confirm an 841
editorial insertion to facilitate correct interpretation. 842
Subsection (7) is amended to conform to the fact that s. 843
20.0065 does not exist, and s. 288.0065 provides for the 844
department's annual incentives report. 845
Section 24. Paragraph (b) of subsection (2) of section 846
288.987, Florida Statutes, is amended to read: 847
288.987 Florida Defense Support. — 848
(2) 849
(b) The direct-support organization is organized and 850
operated to request, receive, hold, invest, and administer 851
property and to manage and make expenditures related to its 852
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mission and for joint planning with host communities to 853
accommodate military missions and prevent base encroachment, 854
provide advocacy on the state's behalf with federal civilian and 855
military officials, promote promotion of the state to military 856
and related contractors and employers, and support of economic 857
and product research and development activities of the defense 858
industry. 859
Reviser's note.—Amended to confirm an editorial substitution and 860
an editorial deletion to improve clarity. 861
Section 25. Paragraphs (b) and (c) of subsection (4) of 862
section 316.0083, Florida Statutes, are amended to read: 863
316.0083 Mark Wandall Traffic Safety Program; 864
administration; report. — 865
(4) 866
(b) Each county or municipality tha t operates a traffic 867
infraction detector shall submit a report by October 1, 2012, 868
and annually thereafter, to the department which details the 869
results of using the traffic infraction detector and the 870
procedures for enforcement for the preceding state fiscal year. 871
The information submitted by the counties and municipalities 872
must include: 873
1. The number of notices of violation issued, the number 874
that were contested, the number that were upheld, the number 875
that were dismissed, the number that were issued as uniform 876
traffic citations, the number that were paid, and the number in 877
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each of the preceding categories for which the notice of 878
violation was issued for a right -hand turn violation. 879
2. A description of alternative safety countermeasures 880
taken before and after the placement or installation of a 881
traffic infraction detector. 882
3. Statistical data and information required by the 883
department to complete the summary report required under 884
paragraph (c). 885
886
The department must publish each report submitted by a county or 887
municipality pursuant to this paragraph on its website. 888
(c) On or before December 31, 2012, and annually 889
thereafter, the department shall provide a summary report to the 890
Governor, the President of the Senate, and the Speaker of the 891
House of Representatives regarding the use and operation of 892
traffic infraction detectors under this section, along with the 893
department's recommendations and any necessary legislation. The 894
summary report must include a review of the information 895
submitted to the depart ment by the counties and municipalities 896
and must describe the enhancement of the traffic safety and 897
enforcement programs. 898
Reviser's note.—Amended to delete obsolete language. 899
Section 26. Paragraph (y) of subsection (1) of section 900
319.30, Florida Statut es, is amended to read: 901
319.30 Definitions; dismantling, destruction, change of 902
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identity of motor vehicle, vessel, or mobile home; salvage. — 903
(1) As used in this section, the term: 904
(y) "Vessel" has the same meaning as in s. 713.78(1)(h) 905
713.78(1)(b). 906
Reviser's note.—Amended to conform to the redesignation of s. 907
713.78(1)(b) as s. 713.78(1)(h) by s. 5, ch. 2024 -27, Laws 908
of Florida. 909
Section 27. Paragraph (b) of subsection (130) of section 910
320.08058, Florida Statutes, is amended to read: 911
320.08058 Specialty license plates. — 912
(130) THE VILLAGES: MAY ALL YOUR DREAMS COME TRUE LICENSE 913
PLATES.— 914
(b) The annual use fees from the sale of the plate must be 915
distributed to The Villages Charter School, Inc., a Florida 916
nonprofit corporation. Up to 10 percent of the fees may be used 917
for administrative costs and marketing of the plate. The 918
remaining funds must be distributed with the approval of and 919
accountability to the board of directors of The Villages Charter 920
School, Inc., and must be used to provide support to The 921
Villages Charter School , Inc., as it provides K-12 education. 922
Reviser's note.—Amended to confirm an editorial insertion to 923
conform to the complete name of the corporation. 924
Section 28. Paragraph (d) of subsection (3) of section 925
322.27, Florida Statutes, is amended to read: 926
322.27 Authority of department to suspend or revoke driver 927
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license or identification card. — 928
(3) There is established a point system for evaluation of 929
convictions of violations of motor vehicle laws or ordinances, 930
and violations of applicable provisions of s. 403.413(6)(b) when 931
such violations involve the use of motor vehicles, for the 932
determination of the continuing qualification of any person to 933
operate a motor vehicle. The department is authorized to suspend 934
the license of any person upon showing of its records or other 935
good and sufficient evidence that the licensee has been 936
convicted of violation of motor vehicle laws or ordinances, or 937
applicable provisions of s. 403.413(6)(b), amounting to 12 or 938
more points as determined by the point system. The suspension 939
shall be for a period of not more than 1 year. 940
(d) The point system shall have as its basic element a 941
graduated scale of points assigning relative values to 942
convictions of the following violations: 943
1. Reckless driving, willful and wanton —4 points. 944
2. Leaving the scene of a crash resulting in property 945
damage of more than $50 —6 points. 946
3. Unlawful speed, or unlawful use of a wireless 947
communications device, resulting in a crash —6 points. 948
4. Passing a stopped school bus: 949
a. Not causing or resulting in serious bodily injury to or 950
death of another—4 points. 951
b. Causing or resulting in serious bodily injury to or 952
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death of another—6 points. 953
c. Points may not be imposed for a violation of passing a 954
stopped school bus as provided in s. 316.172(1)(a) or (b) when 955
enforced by a school bus infraction detection system pursuant to 956
s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) 957
when enforced by a school bus infraction detection system 958
pursuant to s. 316.173 m ay not be used for purposes of setting 959
motor vehicle insurance rates. 960
5. Unlawful speed: 961
a. Not in excess of 15 miles per hour of lawful or posted 962
speed—3 points. 963
b. In excess of 15 miles per hour of lawful or posted 964
speed—4 points. 965
c. Points may not be imposed for a violation of unlawful 966
speed as provided in s. 316.1895 or s. 316.183 when enforced by 967
a traffic infraction enforcement officer pursuant to s. 968
316.1896. In addition, a violation of s. 316.1895 or s. 316.183 969
when enforced by a traffic inf raction enforcement officer 970
pursuant to s. 316.1896 may not be used for purposes of setting 971
motor vehicle insurance rates. 972
6. A violation of a traffic control signal device as 973
provided in s. 316.074(1) or s. 316.075(1)(c)1. —4 points. 974
However, points may not be imposed for a violation of s. 975
316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 976
stop at a traffic signal and when enforced by a traffic 977
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infraction enforcement officer. In addition, a violation of s. 978
316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 979
stop at a traffic signal and when enforced by a traffic 980
infraction enforcement officer may not be used for purposes of 981
setting motor vehicle insurance rates. 982
7. Unlawfully driving a vehicle through a railroad -highway 983
grade crossing—6 points. 984
8. All other moving violations (including parking on a 985
highway outside the limits of a municipality) —3 points. However, 986
points may not be imposed for a violation of s. 316.0741 or s. 987
316.2065(11); and points may be imposed for a violation of s. 988
316.1001 only when imposed by the court after a hearing pursuant 989
to s. 318.14(5). 990
9. Any moving violation covered in this paragraph, 991
excluding unlawful speed and unlawful use of a wireless 992
communications device, resulting in a crash —4 points. 993
10. Any conviction under s. 403.413(6)(b) —3 points. 994
11. Any conviction under s. 316.0775(2) —4 points. 995
12. A moving violation covered in this paragraph which is 996
committed in conjunction with the unlawful use of a wireless 997
communications device within a school safety zone—2 points, in 998
addition to the points assigned for the moving violation. 999
Reviser's note.—Amended to confirm an editorial insertion to 1000
improve clarity. 1001
Section 29. Subsection (6) of section 322.76, Florida 1002
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Statutes, is amended to read: 1003
322.76 Clerk of Court Driver License Reinstatement Pilot 1004
Program in Miami-Dade County.—There is created in Miami -Dade 1005
County the Clerk of Court Driver License Reinstatement Pilot 1006
Program. 1007
(6) By December 31, 2025, the clerk must submit to the 1008
Governor, the President of the Senate, the Speaker of the House 1009
of Representatives, and the Executive Director of the Florida 1010
Clerks of Court Operations Corporation a report containing the 1011
following information: 1012
(a) Number of driver license reinstatements. 1013
(b) Amount of fees and costs collected, including the 1014
aggregate funds received by the clerk, local governmental 1015
entities, and state entities, including the General Revenue 1016
Fund. 1017
(c) The personnel, operating, and other expenditures 1018
incurred by the clerk. 1019
(d) Feedback received from the community, if any, in 1020
response to the clerk's participation in the pilot program. 1021
(e) Whether the pilot program led to improved timeliness 1022
for the reinstatement of driver licenses. 1023
(f) The clerk's recommendation as to whether the pilot 1024
program should be extended in Miami -Dade County or to other 1025
clerks' offices. 1026
(g) Any other information the clerk deems necessary. 1027
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Reviser's note.—Amended to confirm an editorial insertion to 1028
improve clarity. 1029
Section 30. Paragraph (a) of subsect ion (2) of section 1030
330.41, Florida Statutes, is amended to read: 1031
330.41 Unmanned Aircraft Systems Act. — 1032
(2) DEFINITIONS.—As used in this act, the term: 1033
(a) "Critical infrastructure facility" means any of the 1034
following, if completely enclosed by a fen ce or other physical 1035
barrier that is obviously designed to exclude intruders, or if 1036
clearly marked with a sign or signs which indicate that entry is 1037
forbidden and which are posted on the property in a manner 1038
reasonably likely to come to the attention of in truders: 1039
1. A power generation or transmission facility, 1040
substation, switching station, or electrical control center. 1041
2. A chemical or rubber manufacturing or storage facility. 1042
3. A water intake structure, water treatment facility, 1043
wastewater treatment plant, or pump station. 1044
4. A mining facility. 1045
5. A natural gas or compressed gas compressor station, 1046
storage facility, or natural gas or compressed gas pipeline. 1047
6. A liquid natural gas or propane gas terminal or storage 1048
facility. 1049
7. Any portion of an aboveground oil or gas pipeline. 1050
8. A refinery. 1051
9. A gas processing plant, including a plant used in the 1052
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processing, treatment, or fractionation of natural gas. 1053
10. A wireless communications facility, including the 1054
tower, antennas antennae, support structures, and all associated 1055
ground-based equipment. 1056
11. A seaport as listed in s. 311.09(1), which need not be 1057
completely enclosed by a fence or other physical barrier and 1058
need not be marked with a sign or signs indicating that entry is 1059
forbidden. 1060
12. An inland port or other facility or group of 1061
facilities serving as a point of intermodal transfer of freight 1062
in a specific area physically separated from a seaport. 1063
13. An airport as defined in s. 330.27. 1064
14. A spaceport territory as d efined in s. 331.303(19). 1065
15. A military installation as defined in 10 U.S.C. s. 1066
2801(c)(4) and an armory as defined in s. 250.01. 1067
16. A dam as defined in s. 373.403(1) or other structures, 1068
such as locks, floodgates, or dikes, which are designed to 1069
maintain or control the level of navigable waterways. 1070
17. A state correctional institution as defined in s. 1071
944.02 or a contractor -operated correctional facility authorized 1072
under chapter 957. 1073
18. A secure detention center or facility as defined in s. 1074
985.03, or a moderate-risk residential facility, a high -risk 1075
residential facility, or a maximum -risk residential facility as 1076
those terms are described in s. 985.03(44). 1077
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19. A county detention facility as defined in s. 951.23. 1078
20. A critical infrastructure facility as defined in s. 1079
692.201. 1080
Reviser's note.—Amended to conform to the general usage of 1081
"antennas" when referencing transducers and "antennae" when 1082
referencing insect parts. 1083
Section 31. Section 331.370, Florida Statutes, is 1084
repealed. 1085
Reviser's note.—The cited section, which relates to specified 1086
space and aerospace infrastructure improvements from funds 1087
provided in Specific Appropriation 2649 of ch. 2008 -152, 1088
Laws of Florida, is obsolete, as there are no funds still 1089
in usage from the specified appr opriation. 1090
Section 32. Subsection (5) of section 337.195, Florida 1091
Statutes, is amended to read: 1092
337.195 Limits on liability. — 1093
(5) If, in any civil action for death, injury, or damages, 1094
the department of Transportation or a contractor or design 1095
engineer is determined to be immune from liability pursuant to 1096
this section, the department, contractor, or design engineer may 1097
not be named on the jury verdict form or be found to be at fault 1098
or responsible for the injury, death, or damage that gave rise 1099
to the damages for the theory of liability from which the 1100
department, contractor, or design engineer was found to be 1101
immune. 1102
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Reviser's note.—Amended to confirm an editorial substitution to 1103
conform to the revision of all other references in s. 1104
337.195 by s. 10, ch. 2024-173, Laws of Florida. For 1105
purposes of the Florida Transportation Code, s. 334.03(9) 1106
defines "department" as the "Department of Transportation." 1107
Section 33. Paragraph (b) of subsection (3) of section 1108
341.302, Florida Statutes, is amended to re ad: 1109
341.302 Rail program; duties and responsibilities of the 1110
department.—The department, in conjunction with other 1111
governmental entities, including the rail enterprise and the 1112
private sector, shall develop and implement a rail program of 1113
statewide application designed to ensure the proper maintenance, 1114
safety, revitalization, and expansion of the rail system to 1115
assure its continued and increased availability to respond to 1116
statewide mobility needs. Within the resources provided pursuant 1117
to chapter 216, and as authorized under federal law, the 1118
department shall: 1119
(3) Develop and periodically update the rail system plan, 1120
on the basis of an analysis of statewide transportation needs. 1121
(b) In recognition of the department's role in the 1122
enhancement of the state' s rail system to improve freight and 1123
passenger mobility, the department shall: 1124
1. Work closely with all affected communities along an 1125
impacted freight rail corridor to identify and address 1126
anticipated impacts associated with an increase in freight rail 1127
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traffic due to implementation of passenger rail. 1128
2. In coordination with the affected local governments and 1129
CSX Transportation, Inc., finalize all viable alternatives from 1130
the department's Rail Traffic Evaluation Study to identify and 1131
develop an alternati ve route for through freight rail traffic 1132
moving through Central Florida, including the counties of Polk 1133
and Hillsborough, which would address, to the extent 1134
practicable, the effects of commuter rail. 1135
3. Provide technical assistance to a coalition of loc al 1136
governments in Central Florida, including the counties of 1137
Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange, 1138
Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole, 1139
Sumter, and Volusia, and the municipalities within those 1140
counties, to develop a regional rail system plan that addresses 1141
passenger and freight opportunities in the region, is consistent 1142
with the Florida Rail System Plan, and incorporates appropriate 1143
elements of the Tampa Bay Area Regional Authority Master Plan, 1144
the Metroplan Orlando Regional Transit System Concept Plan, 1145
including the SunRail project, and the Florida Department of 1146
Transportation Alternate Rail Traffic Evaluation. 1147
Reviser's note.—Amended to conform to the repeal of part III, 1148
chapter 343, the Tampa Bay Area Regio nal Transit Authority 1149
Act, by s. 1, ch. 2023 -143, Laws of Florida, and 1150
dissolution of the authority effective June 30, 2024, by s. 1151
2, ch. 2023-143. 1152
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Section 34. Paragraphs (f), (j), (dd), and (ii) of 1153
subsection (3) and paragraphs (a) and (b) of subsecti on (13) of 1154
section 365.172, Florida Statutes, are amended to read: 1155
365.172 Emergency communications. — 1156
(3) DEFINITIONS.—Only as used in this section and ss. 1157
365.171, 365.173, 365.174, and 365.177, the term: 1158
(f) "Colocation" means the situation when a second or 1159
subsequent wireless provider uses an existing structure to 1160
locate a second or subsequent antennas antennae. The term 1161
includes the ground, platform, or roof installation of equipment 1162
enclosures, cabinets, or buildings, and cables, brackets, and 1163
other equipment associated with the location and operation of 1164
the antennas antennae. 1165
(j) "Existing structure" means a structure that exists at 1166
the time an application for permission to place antennas 1167
antennae on a structure is filed with a local government. The 1168
term includes any structure that can structurally support the 1169
attachment of antennas antennae in compliance with applicable 1170
codes. 1171
(dd) "Tower" means any structure designed primarily to 1172
support a wireless provider's antennas antennae. 1173
(ii) "Wireless communications facility" means any 1174
equipment or facility used to provide service and may include, 1175
but is not limited to, antennas antennae, towers, equipment 1176
enclosures, cabling, antenna brackets, and other such equipment. 1177
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Placing a wireless communications facility on an existing 1178
structure does not cause the existing structure to become a 1179
wireless communications facility. 1180
(13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE 1181
IMPLEMENTATION.—To balance the public need for reliable 1182
emergency communications services through reliable wireless 1183
systems and the public interest served by governmental zoning 1184
and land development regulations and notwithstanding any other 1185
law or local ordinance to the contrary, the follow ing standards 1186
shall apply to a local government's actions, as a regulatory 1187
body, in the regulation of the placement, construction, or 1188
modification of a wireless communications facility. This 1189
subsection may not, however, be construed to waive or alter the 1190
provisions of s. 286.011 or s. 286.0115. For the purposes of 1191
this subsection only, "local government" shall mean any 1192
municipality or county and any agency of a municipality or 1193
county only. The term "local government" does not, however, 1194
include any airport, as defined by s. 330.27(2), even if it is 1195
owned or controlled by or through a municipality, county, or 1196
agency of a municipality or county. Further, notwithstanding 1197
anything in this section to the contrary, this subsection does 1198
not apply to or control a loc al government's actions as a 1199
property or structure owner in the use of any property or 1200
structure owned by such entity for the placement, construction, 1201
or modification of wireless communications facilities. In the 1202
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use of property or structures owned by the local government, 1203
however, a local government may not use its regulatory authority 1204
so as to avoid compliance with, or in a manner that does not 1205
advance, the provisions of this subsection. 1206
(a) Colocation among wireless providers is encouraged by 1207
the state. 1208
1.a. Colocations on towers, including nonconforming 1209
towers, that meet the requirements in sub -sub-subparagraphs (I), 1210
(II), and (III), are subject to only building permit review, 1211
which may include a review for compliance with this 1212
subparagraph. Such col ocations are not subject to any design or 1213
placement requirements of the local government's land 1214
development regulations in effect at the time of the colocation 1215
that are more restrictive than those in effect at the time of 1216
the initial antennas antennae placement approval, to any other 1217
portion of the land development regulations, or to public 1218
hearing review. This sub -subparagraph may not preclude a public 1219
hearing for any appeal of the decision on the colocation 1220
application. 1221
(I) The colocation does not increase the height of the 1222
tower to which the antennas antennae are to be attached, 1223
measured to the highest point of any part of the tower or any 1224
existing antenna attached to the tower; 1225
(II) The colocation does not increase the ground space 1226
area, commonly known as the compound, approved in the site plan 1227
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for equipment enclosures and ancillary facilities; and 1228
(III) The colocation consists of antennas antennae, 1229
equipment enclosures, and ancillary facilities that are of a 1230
design and configuration consistent with all applicable 1231
regulations, restrictions, or conditions, if any, applied to the 1232
initial antennas antennae placed on the tower and to its 1233
accompanying equipment enclosures and ancillary facilities and, 1234
if applicable, applied to the tower supporting th e antennas 1235
antennae. Such regulations may include the design and aesthetic 1236
requirements, but not procedural requirements, other than those 1237
authorized by this section, of the local government's land 1238
development regulations in effect at the time the initial 1239
antennas antennae placement was approved. 1240
b. Except for a historic building, structure, site, 1241
object, or district, or a tower included in sub -subparagraph a., 1242
colocations on all other existing structures that meet the 1243
requirements in sub-sub-subparagraphs (I)-(IV) shall be subject 1244
to no more than building permit review, and an administrative 1245
review for compliance with this subparagraph. Such colocations 1246
are not subject to any portion of the local government's land 1247
development regulations not addressed her ein, or to public 1248
hearing review. This sub -subparagraph may not preclude a public 1249
hearing for any appeal of the decision on the colocation 1250
application. 1251
(I) The colocation does not increase the height of the 1252
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existing structure to which the antennas antennae are to be 1253
attached, measured to the highest point of any part of the 1254
structure or any existing antenna attached to the structure; 1255
(II) The colocation does not increase the ground space 1256
area, otherwise known as the compound, if any, approved in the 1257
site plan for equipment enclosures and ancillary facilities; 1258
(III) The colocation consists of antennas antennae, 1259
equipment enclosures, and ancillary facilities that are of a 1260
design and configuration consistent with any applicable 1261
structural or aesthetic des ign requirements and any requirements 1262
for location on the structure, but not prohibitions or 1263
restrictions on the placement of additional colocations on the 1264
existing structure or procedural requirements, other than those 1265
authorized by this section, of the l ocal government's land 1266
development regulations in effect at the time of the colocation 1267
application; and 1268
(IV) The colocation consists of antennas antennae, 1269
equipment enclosures, and ancillary facilities that are of a 1270
design and configuration consistent wi th all applicable 1271
restrictions or conditions, if any, that do not conflict with 1272
sub-sub-subparagraph (III) and were applied to the initial 1273
antennas antennae placed on the structure and to its 1274
accompanying equipment enclosures and ancillary facilities and, 1275
if applicable, applied to the structure supporting the antennas 1276
antennae. 1277
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c. Regulations, restrictions, conditions, or permits of 1278
the local government, acting in its regulatory capacity, that 1279
limit the number of colocations or require review processes 1280
inconsistent with this subsection do not apply to colocations 1281
addressed in this subparagraph. 1282
d. If only a portion of the colocation does not meet the 1283
requirements of this subparagraph, such as an increase in the 1284
height of the proposed antennas antennae over the existing 1285
structure height or a proposal to expand the ground space 1286
approved in the site plan for the equipment enclosure, where all 1287
other portions of the colocation meet the requirements of this 1288
subparagraph, that portion of the colocation only may be 1289
reviewed under the local government's regulations applicable to 1290
an initial placement of that portion of the facility, including, 1291
but not limited to, its land development regulations, and within 1292
the review timeframes of subparagraph (d)2., and the rest o f the 1293
colocation shall be reviewed in accordance with this 1294
subparagraph. A colocation proposal under this subparagraph that 1295
increases the ground space area, otherwise known as the 1296
compound, approved in the original site plan for equipment 1297
enclosures and ancillary facilities by no more than a cumulative 1298
amount of 400 square feet or 50 percent of the original compound 1299
size, whichever is greater, shall, however, require no more than 1300
administrative review for compliance with the local government's 1301
regulations, including, but not limited to, land development 1302
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regulations review, and building permit review, with no public 1303
hearing review. This sub -subparagraph does not preclude a public 1304
hearing for any appeal of the decision on the colocation 1305
application. 1306
2. If a colocation does not meet the requirements of 1307
subparagraph 1., the local government may review the application 1308
under the local government's regulations, including, but not 1309
limited to, land development regulations, applicable to the 1310
placement of initial antennas antennae and their accompanying 1311
equipment enclosure and ancillary facilities. 1312
3. If a colocation meets the requirements of subparagraph 1313
1., the colocation may not be considered a modification to an 1314
existing structure or an impermissible modification of a 1315
nonconforming structure. 1316
4. The owner of the existing tower on which the proposed 1317
antennas antennae are to be colocated shall remain responsible 1318
for compliance with any applicable condition or requirement of a 1319
permit or agreement, or any applicable condition or requirement 1320
of the land development regulations to which the existing tower 1321
had to comply at the time the tower was permitted, including any 1322
aesthetic requirements, provided the condition or requirement is 1323
not inconsistent with this paragraph . 1324
5. An existing tower, including a nonconforming tower, may 1325
be structurally modified in order to permit colocation or may be 1326
replaced through no more than administrative review and building 1327
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permit review, and is not subject to public hearing review, if 1328
the overall height of the tower is not increased and, if a 1329
replacement, the replacement tower is a monopole tower or, if 1330
the existing tower is a camouflaged tower, the replacement tower 1331
is a like-camouflaged tower. This subparagraph may not preclude 1332
a public hearing for any appeal of the decision on the 1333
application. 1334
(b)1. A local government's land development and 1335
construction regulations for wireless communications facilities 1336
and the local government's review of an application for the 1337
placement, construct ion, or modification of a wireless 1338
communications facility shall only address land development or 1339
zoning issues. In such local government regulations or review, 1340
the local government may not require information on or evaluate 1341
a wireless provider's business decisions about its service, 1342
customer demand for its service, or quality of its service to or 1343
from a particular area or site, unless the wireless provider 1344
voluntarily offers this information to the local government. In 1345
such local government regulations or review, a local government 1346
may not require information on or evaluate the wireless 1347
provider's designed service unless the information or materials 1348
are directly related to an identified land development or zoning 1349
issue or unless the wireless provider volunt arily offers the 1350
information. Information or materials directly related to an 1351
identified land development or zoning issue may include, but are 1352
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not limited to, evidence that no existing structure can 1353
reasonably be used for the antennas antennae placement instead 1354
of the construction of a new tower, that residential areas 1355
cannot be served from outside the residential area, as addressed 1356
in subparagraph 3., or that the proposed height of a new tower 1357
or initial antennas antennae placement or a proposed height 1358
increase of a modified tower, replacement tower, or colocation 1359
is necessary to provide the provider's designed service. Nothing 1360
in this paragraph shall limit the local government from 1361
reviewing any applicable land development or zoning issue 1362
addressed in its adopted regulations that does not conflict with 1363
this section, including, but not limited to, aesthetics, 1364
landscaping, land use -based location priorities, structural 1365
design, and setbacks. 1366
2. Any setback or distance separation required of a tower 1367
may not exceed the minimum distance necessary, as determined by 1368
the local government, to satisfy the structural safety or 1369
aesthetic concerns that are to be protected by the setback or 1370
distance separation. 1371
3. A local government may exclude the placement of 1372
wireless communications facilities in a residential area or 1373
residential zoning district but only in a manner that does not 1374
constitute an actual or effective prohibition of the provider's 1375
service in that residential area or zoning district. If a 1376
wireless provider demonstrates to the satisfaction of the local 1377
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government that the provider cannot reasonably provide its 1378
service to the residential area or zone from outside the 1379
residential area or zone, the municipality or county and 1380
provider shall cooperate to determine an appropriate location 1381
for a wireless communications facility of an appropriate design 1382
within the residential area or zone. The local government may 1383
require that the wireless provider reimburse the reasonable 1384
costs incurred by the local government for th is cooperative 1385
determination. An application for such cooperative determination 1386
may not be considered an application under paragraph (d). 1387
4. A local government may impose a reasonable fee on 1388
applications to place, construct, or modify a wireless 1389
communications facility only if a similar fee is imposed on 1390
applicants seeking other similar types of zoning, land use, or 1391
building permit review. A local government may impose fees for 1392
the review of applications for wireless communications 1393
facilities by consultan ts or experts who conduct code compliance 1394
review for the local government but any fee is limited to 1395
specifically identified reasonable expenses incurred in the 1396
review. A local government may impose reasonable surety 1397
requirements to ensure the removal of wi reless communications 1398
facilities that are no longer being used. 1399
5. A local government may impose design requirements, such 1400
as requirements for designing towers to support colocation or 1401
aesthetic requirements, except as otherwise limited in this 1402
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section, but may not impose or require information on compliance 1403
with building code type standards for the construction or 1404
modification of wireless communications facilities beyond those 1405
adopted by the local government under chapter 553 and that apply 1406
to all similar types of construction. 1407
Reviser's note.—Amended to conform to the general usage of 1408
"antennas" when referencing transducers and "antennae" when 1409
referencing insect parts. 1410
Section 35. Subsection (9) of section 373.250, Florida 1411
Statutes, is amended to read: 1412
373.250 Reuse of reclaimed water. — 1413
(9) To promote the use of reclaimed water and encourage 1414
quantifiable potable water offsets that produce significant 1415
water savings beyond those required in a consumptive use permit, 1416
each water management district , in coordination with the 1417
department, shall develop rules by December 31, 2025, which 1418
provide all of the following: 1419
(a) If an applicant proposes a water supply development or 1420
water resource development project using reclaimed water, that 1421
meets the advanced waste treatment standards for total nitrogen 1422
and total phosphorus phosphorous as defined in s. 403.086(4)(a), 1423
as part of an application for consumptive use, the applicant is 1424
eligible for a permit duration of up to 30 years if there is 1425
sufficient data to provide reasonable assurance that the 1426
conditions for permit issuance will be met for the duration of 1427
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the permit. Rules developed pursuant to this paragraph must 1428
include, at a minimum: 1429
1. A requirement that the permittee demonstrate how 1430
quantifiable groundwater or surface water savings associated 1431
with the new water supply development or water resource 1432
development project either meet water demands beyond a 20 -year 1433
permit duration or are completed for the purpose of meeting the 1434
requirements of an adopted r ecovery or prevention strategy; and 1435
2. Guidelines for a district to follow in determining the 1436
permit duration based on the project's implementation. 1437
1438
This paragraph does not limit the existing authority of a water 1439
management district to issue a shorter d uration permit to 1440
protect from harm the water resources or ecology of the area, or 1441
to otherwise ensure compliance with the conditions for permit 1442
issuance. 1443
(b) Authorization for a consumptive use permittee to seek 1444
a permit extension of up to 10 years if t he permittee proposes a 1445
water supply development or water resource development project 1446
using reclaimed water, that meets the advanced waste treatment 1447
standards for total nitrogen and total phosphorus phosphorous as 1448
defined in s. 403.086(4)(a), during the t erm of its permit which 1449
results in the reduction of groundwater or surface water 1450
withdrawals or is completed to benefit a waterbody with a 1451
minimum flow or minimum water level with a recovery or 1452
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prevention strategy. Rules associated with this paragraph must 1453
include, at a minimum: 1454
1. A requirement that the permittee be in compliance with 1455
the permittee's consumptive use permit; 1456
2. A requirement that the permittee demonstrate how the 1457
quantifiable groundwater or surface water savings associated 1458
with the new water supply development or water resource 1459
development project either meet water demands beyond the issued 1460
permit duration or are completed for the purpose of meeting the 1461
requirements of an adopted recovery or prevention strategy; 1462
3. A requirement that t he permittee demonstrate a water 1463
demand for the permit's allocation through the term of the 1464
extension; and 1465
4. Guidelines for a district to follow in determining the 1466
number of years extended, including a minimum year requirement, 1467
based on the project impl ementation. 1468
1469
This paragraph does not limit the existing authority of a water 1470
management district to protect from harm the water resources or 1471
ecology of the area, or to otherwise ensure compliance with the 1472
conditions for permit issuance. 1473
Reviser's note.—Amended to confirm an editorial substitution to 1474
conform to context. 1475
Section 36. Paragraph (d) of subsection (8) of section 1476
393.12, Florida Statutes, is amended to read: 1477
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393.12 Capacity; appointment of guardian advocate. — 1478
(8) COURT ORDER.—If the court finds the person with a 1479
developmental disability requires the appointment of a guardian 1480
advocate, the court shall enter a written order appointing the 1481
guardian advocate and containing the findings of facts and 1482
conclusions of law on which the court made its decision, 1483
including: 1484
(d) The identity of existing alternatives and a finding as 1485
to the validity or sufficiency of such alternatives alternative 1486
to alleviate the need for the appointment of a guardian 1487
advocate; 1488
Reviser's note.—Amended to conform to conte xt. 1489
Section 37. Section 394.467, Florida Statutes, is 1490
reenacted and amended to read: 1491
394.467 Involuntary inpatient placement and involuntary 1492
outpatient services. — 1493
(1) DEFINITIONS.—As used in this section, the term: 1494
(a) "Court" means a circuit court or, for commitments only 1495
to involuntary outpatient services as defined in paragraph (c) 1496
s. 394.4655, a county court. 1497
(b) "Involuntary inpatient placement" means placement in a 1498
secure receiving or treatment facility prov iding stabilization 1499
and treatment services to a person 18 years of age or older who 1500
does not voluntarily consent to services under this chapter, or 1501
a minor who does not voluntarily assent to services under this 1502
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chapter. 1503
(c) "Involuntary outpatient services" means services 1504
provided in the community to a person who does not voluntarily 1505
consent to or participate in services under this chapter. 1506
(d) "Services plan" means an individualized plan detailing 1507
the recommended behavioral health services and su pports based on 1508
a thorough assessment of the needs of the patient, to safeguard 1509
and enhance the patient's health and well -being in the 1510
community. 1511
(2) CRITERIA FOR INVOLUNTARY SERVICES. —A person may be 1512
ordered by a court to be provided involuntary service s upon a 1513
finding of the court, by clear and convincing evidence, that the 1514
person meets the following criteria: 1515
(a) Involuntary outpatient services. —A person ordered to 1516
involuntary outpatient services must meet the following 1517
criteria: 1518
1. The person has a mental illness and, because of his or 1519
her mental illness: 1520
a. He or she is unlikely to voluntarily participate in a 1521
recommended services plan and has refused voluntary services for 1522
treatment after sufficient and conscientious explanation and 1523
disclosure of why the services are necessary; or 1524
b. Is unable to determine for himself or herself whether 1525
services are necessary. 1526
2. The person is unlikely to survive safely in the 1527
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community without supervision, based on a clinical 1528
determination. 1529
3. The person has a history of lack of compliance with 1530
treatment for mental illness. 1531
4. In view of the person's treatment history and current 1532
behavior, the person is in need of involuntary outpatient 1533
services in order to prevent a relapse or deterioration that 1534
would be likely to result in serious bodily harm to himself or 1535
herself or others, or a substantial harm to his or her well -1536
being as set forth in s. 394.463(1). 1537
5. It is likely that the person will benefit from 1538
involuntary outpatient services. 1539
6. All available less restrictive alternatives that would 1540
offer an opportunity for improvement of the person's condition 1541
have been deemed to be inappropriate or unavailable. 1542
(b) Involuntary inpatient placement. —A person ordered to 1543
involuntary inpatient placement must me et the following 1544
criteria: 1545
1. The person has a mental illness and, because of his or 1546
her mental illness: 1547
a. He or she has refused voluntary inpatient placement for 1548
treatment after sufficient and conscientious explanation and 1549
disclosure of the purpose o f treatment; or 1550
b. Is unable to determine for himself or herself whether 1551
inpatient placement is necessary; and 1552
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2.a. He or she is incapable of surviving alone or with the 1553
help of willing, able, and responsible family or friends, 1554
including available alte rnative services, and, without 1555
treatment, is likely to suffer from neglect or refuse to care 1556
for himself or herself, and such neglect or refusal poses a real 1557
and present threat of substantial harm to his or her well -being; 1558
or 1559
b. Without treatment, there is a substantial likelihood 1560
that in the near future the person will inflict serious bodily 1561
harm on self or others, as evidenced by recent behavior causing, 1562
attempting to cause, or threatening to cause such harm; and 1563
3. All available less restrictive trea tment alternatives 1564
that would offer an opportunity for improvement of the person's 1565
condition have been deemed to be inappropriate or unavailable. 1566
(3) RECOMMENDATION FOR INVOLUNTARY SERVICES AND 1567
TREATMENT.—A patient may be recommended for involuntary 1568
inpatient placement, involuntary outpatient services, or a 1569
combination of both. 1570
(a) A patient may be retained by the facility that 1571
examined the patient for involuntary services until the 1572
completion of the patient's court hearing upon the 1573
recommendation of th e administrator of the facility where the 1574
patient has been examined and after adherence to the notice and 1575
hearing procedures provided in s. 394.4599. However, if a 1576
patient who is being recommended for only involuntary outpatient 1577
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services has been stabilize d and no longer meets the criteria 1578
for involuntary examination pursuant to s. 394.463(1), the 1579
patient must be released from the facility while awaiting the 1580
hearing for involuntary outpatient services. 1581
(b) The recommendation that the involuntary services 1582
criteria reasonably appear to have been met must be supported by 1583
the opinion of a psychiatrist and the second opinion of a 1584
clinical psychologist with at least 3 years of clinical 1585
experience, another psychiatrist, or a psychiatric nurse 1586
practicing within th e framework of an established protocol with 1587
a psychiatrist, who personally examined the patient. For 1588
involuntary inpatient placement, the patient must have been 1589
examined within the preceding 72 hours. For involuntary 1590
outpatient services, the patient must h ave been examined within 1591
the preceding 30 days. 1592
(c) If a psychiatrist, a clinical psychologist with at 1593
least 3 years of clinical experience, or a psychiatric nurse 1594
practicing within the framework of an established protocol with 1595
a psychiatrist is not avai lable to provide a second opinion, the 1596
petitioner must certify as such and the second opinion may be 1597
provided by a licensed physician who has postgraduate training 1598
and experience in diagnosis and treatment of mental illness, a 1599
clinical psychologist with le ss than 3 years of clinical 1600
experience, or a psychiatric nurse. 1601
(d) Any opinion authorized in this subsection may be 1602
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conducted through a face -to-face or in-person examination, or by 1603
electronic means. Recommendations for involuntary services must 1604
be entered on a petition for involuntary services, which shall 1605
be made a part of the patient's clinical record. The filing of 1606
the petition authorizes the facility to retain the patient 1607
pending transfer to a treatment facility or completion of a 1608
hearing. 1609
(4) PETITION FOR INVOLUNTARY SERVICES. — 1610
(a) A petition for involuntary services may be filed by: 1611
1. The administrator of a receiving facility; 1612
2. The administrator of a treatment facility; or 1613
3. A service provider who is treating the person being 1614
petitioned. 1615
(b) A petition for involuntary inpatient placement, or 1616
inpatient placement followed by outpatient services, must be 1617
filed in the court in the county where the patient is located. 1618
(c) A petition for involuntary outpatient services must be 1619
filed in the county where the patient is located, unless the 1620
patient is being placed from a state treatment facility, in 1621
which case the petition must be filed in the county where the 1622
patient will reside. 1623
(d)1. The petitioner must state in the petition: 1624
a. Whether the petitioner is recommending inpatient 1625
placement, outpatient services, or both. 1626
b. The length of time recommended for each type of 1627
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involuntary services. 1628
c. The reasons for the recommendation. 1629
2. If recommending involuntary outpatient services, o r a 1630
combination of involuntary inpatient placement and outpatient 1631
services, the petitioner must identify the service provider that 1632
has agreed to provide services for the person under an order for 1633
involuntary outpatient services, unless he or she is otherwi se 1634
participating in outpatient psychiatric treatment and is not in 1635
need of public financing for that treatment, in which case the 1636
individual, if eligible, may be ordered to involuntary treatment 1637
pursuant to the existing psychiatric treatment relationship. 1638
3. When recommending an order to involuntary outpatient 1639
services, the petitioner shall prepare a written proposed 1640
services plan in consultation with the patient or the patient's 1641
guardian advocate, if appointed, for the court's consideration 1642
for inclusion in the involuntary outpatient services order that 1643
addresses the nature and extent of the mental illness and any 1644
co-occurring substance use disorder that necessitate involuntary 1645
outpatient services. The services plan must specify the likely 1646
needed level of care, including the use of medication, and 1647
anticipated discharge criteria for terminating involuntary 1648
outpatient services. The services in the plan must be deemed 1649
clinically appropriate by a physician, clinical psychologist, 1650
psychiatric nurse, mental heal th counselor, marriage and family 1651
therapist, or clinical social worker who consults with, or is 1652
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employed or contracted by, the service provider. If the services 1653
in the proposed services plan are not available, the petitioner 1654
may not file the petition. The petitioner must notify the 1655
managing entity if the requested services are not available. The 1656
managing entity must document such efforts to obtain the 1657
requested service. The service provider who accepts the patient 1658
for involuntary outpatient services is resp onsible for the 1659
development of a comprehensive treatment plan. 1660
(e) Each required criterion for the recommended 1661
involuntary services must be alleged and substantiated in the 1662
petition. A copy of the recommended services plan, if 1663
applicable, must be attache d to the petition. The court must 1664
accept petitions and other documentation with electronic 1665
signatures. 1666
(f) When the petition has been filed, the clerk of the 1667
court shall provide copies of the petition and the recommended 1668
services plan, if applicable, to the department, the managing 1669
entity, the patient, the patient's guardian or representative, 1670
the state attorney, and the public defender or the patient's 1671
private counsel. A fee may not be charged for the filing of a 1672
petition under this subsection. 1673
(5) APPOINTMENT OF COUNSEL. —Within 1 court working day 1674
after the filing of a petition for involuntary services, the 1675
court shall appoint the public defender to represent the person 1676
who is the subject of the petition, unless the person is 1677
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otherwise represented by c ounsel or ineligible. The clerk of the 1678
court shall immediately notify the public defender of such 1679
appointment. The public defender shall represent the person 1680
until the petition is dismissed, the court order expires, the 1681
patient is discharged from involunta ry services, or the public 1682
defender is otherwise discharged by the court. Any attorney who 1683
represents the patient shall be provided access to the patient, 1684
witnesses, and records relevant to the presentation of the 1685
patient's case and shall represent the int erests of the patient, 1686
regardless of the source of payment to the attorney. 1687
(6) CONTINUANCE OF HEARING. —The patient and the state are 1688
independently entitled to seek a continuance of the hearing. The 1689
patient shall be granted a request for an initial conti nuance 1690
for up to 7 calendar days. The patient may request additional 1691
continuances for up to 21 calendar days in total, which shall 1692
only be granted by a showing of good cause and due diligence by 1693
the patient and the patient's counsel before requesting the 1694
continuance. The state may request one continuance of up to 7 1695
calendar days, which shall only be granted by a showing of good 1696
cause and due diligence by the state before requesting the 1697
continuance. The state's failure to timely review any readily 1698
available document or failure to attempt to contact a known 1699
witness does not warrant a continuance. 1700
(7) HEARING ON INVOLUNTARY SERVICES. — 1701
(a)1. The court shall hold a hearing on the involuntary 1702
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services petition within 5 court working days after the filing 1703
of the petition, unless a continuance is granted. 1704
2. The court must hold any hearing on involuntary 1705
outpatient services in the county where the petition is filed. A 1706
hearing on involuntary inpatient placement, or a combination of 1707
involuntary inpatient placemen t and involuntary outpatient 1708
services, must be held in the county or the facility, as 1709
appropriate, where the patient is located, except for good cause 1710
documented in the court file. 1711
3. A hearing on involuntary services must be as convenient 1712
to the patient as is consistent with orderly procedure, and 1713
shall be conducted in physical settings not likely to be 1714
injurious to the patient's condition. If the court finds that 1715
the patient's attendance at the hearing is not consistent with 1716
the best interests of the pa tient, or the patient knowingly, 1717
intelligently, and voluntarily waives his or her right to be 1718
present, and if the patient's counsel does not object, the court 1719
may waive the attendance of the patient from all or any portion 1720
of the hearing. The state attorne y for the circuit in which the 1721
patient is located shall represent the state, rather than the 1722
petitioner, as the real party in interest in the proceeding. The 1723
facility or service provider shall make the patient's clinical 1724
records available to the state atto rney and the patient's 1725
attorney so that the state can evaluate and prepare its case. 1726
However, these records shall remain confidential, and the state 1727
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attorney may not use any record obtained under this part for 1728
criminal investigation or prosecution purposes , or for any 1729
purpose other than the patient's civil commitment under this 1730
chapter. 1731
(b) The court may appoint a magistrate to preside at the 1732
hearing. The state attorney and witnesses may remotely attend 1733
and, as appropriate, testify at the hearing under oa th via 1734
audio-video teleconference. A witness intending to attend 1735
remotely and testify must provide the parties with all relevant 1736
documents by the close of business on the day before the 1737
hearing. One of the professionals who executed the involuntary 1738
services certificate shall be a witness. The patient and the 1739
patient's guardian or representative shall be informed by the 1740
court of the right to an independent expert examination. If the 1741
patient cannot afford such an examination, the court shall 1742
ensure that one is provided, as otherwise provided for by law. 1743
The independent expert's report is confidential and not 1744
discoverable, unless the expert is to be called as a witness for 1745
the patient at the hearing. The court shall allow testimony from 1746
persons, including famil y members, deemed by the court to be 1747
relevant under state law, regarding the person's prior history 1748
and how that prior history relates to the person's current 1749
condition. The testimony in the hearing must be given under 1750
oath, and the proceedings must be rec orded. The patient may 1751
refuse to testify at the hearing. 1752
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(c) At the hearing, the court shall consider testimony and 1753
evidence regarding the patient's competence to consent to 1754
services and treatment. If the court finds that the patient is 1755
incompetent to consent to treatment, it must appoint a guardian 1756
advocate as provided in s. 394.4598. 1757
(8) ORDERS OF THE COURT. — 1758
(a)1. If the court concludes that the patient meets the 1759
criteria for involuntary services, the court may order a patient 1760
to involuntary inpati ent placement, involuntary outpatient 1761
services, or a combination of involuntary services depending on 1762
the criteria met and which type of involuntary services best 1763
meet the needs of the patient. However, if the court orders the 1764
patient to involuntary outpat ient services, the court may not 1765
order the department or the service provider to provide services 1766
if the program or service is not available in the patient's 1767
local community, if there is no space available in the program 1768
or service for the patient, or if f unding is not available for 1769
the program or service. The petitioner must notify the managing 1770
entity if the requested services are not available. The managing 1771
entity must document such efforts to obtain the requested 1772
services. A copy of the order must be sen t to the managing 1773
entity by the service provider within 1 working day after it is 1774
received from the court. 1775
2. The order must specify the nature and extent of the 1776
patient's mental illness and the reasons the appropriate 1777
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involuntary services criteria are s atisfied. 1778
3. An order for only involuntary outpatient services, 1779
involuntary inpatient placement, or of a combination of 1780
involuntary services may be for a period of up to 6 months. 1781
4. An order for a combination of involuntary services must 1782
specify the length of time the patient shall be ordered for 1783
involuntary inpatient placement and involuntary outpatient 1784
services. 1785
5. The order of the court and the patient's services plan, 1786
if applicable, must be made part of the patient's clinical 1787
record. 1788
(b) If the court orders a patient into involuntary 1789
inpatient placement, the court may order that the patient be 1790
retained at a receiving facility while awaiting transfer 1791
transferred to a treatment facility; or, if the patient is at a 1792
treatment facility, that the pati ent be retained there or be 1793
treated at any other appropriate facility; or that the patient 1794
receive services on an involuntary basis for up to 6 months. The 1795
court may not order an individual with a developmental 1796
disability as defined in s. 393.063 or a trau matic brain injury 1797
or dementia who lacks a co -occurring mental illness to be 1798
involuntarily placed in a state treatment facility. 1799
(c) If at any time before the conclusion of a hearing on 1800
involuntary services, it appears to the court that the patient 1801
instead meets the criteria for involuntary admission or 1802
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treatment pursuant to s. 397.675, then the court may order the 1803
person to be admitted for involuntary assessment pursuant to s. 1804
397.6757. Thereafter, all proceedings are governed by chapter 1805
397. 1806
(d) The administrator of the petitioning facility or the 1807
designated department representative shall provide a copy of the 1808
court order and adequate documentation of a patient's mental 1809
illness to the service provider for involuntary outpatient 1810
services or the adminis trator of a treatment facility if the 1811
patient is ordered for involuntary inpatient placement. The 1812
documentation must include any advance directives made by the 1813
patient, a psychiatric evaluation of the patient, and any 1814
evaluations of the patient performed b y a psychiatric nurse, a 1815
clinical psychologist, a marriage and family therapist, a mental 1816
health counselor, or a clinical social worker. The administrator 1817
of a treatment facility may refuse admission to any patient 1818
directed to its facilities on an involunt ary basis, whether by 1819
civil or criminal court order, who is not accompanied by 1820
adequate orders and documentation. 1821
(e) In cases resulting in an order for involuntary 1822
outpatient services, the court shall retain jurisdiction over 1823
the case and the parties fo r entry of further orders as 1824
circumstances may require, including, but not limited to, 1825
monitoring compliance with treatment or ordering inpatient 1826
treatment to stabilize a person who decompensates while under 1827
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court-ordered outpatient treatment and meets the commitment 1828
criteria of this section. 1829
(9) SERVICES PLAN MODIFICATION. —After the order for 1830
involuntary outpatient services is issued, the service provider 1831
and the patient may modify the services plan as provided by 1832
department rule. 1833
(10) NONCOMPLIANCE WITH INVOLUNTARY OUTPATIENT SERVICES. — 1834
(a) If, in the clinical judgment of a physician, a 1835
psychiatrist, a clinical psychologist with at least 3 years of 1836
clinical experience, or a psychiatric nurse practicing within 1837
the framework of an established protoco l with a psychiatrist, a 1838
patient receiving involuntary outpatient services has failed or 1839
has refused to comply with the services plan ordered by the 1840
court, and efforts were made to solicit compliance, the service 1841
provider must report such noncompliance to the court. The 1842
involuntary outpatient services order shall remain in effect 1843
unless the service provider determines that the patient no 1844
longer meets the criteria for involuntary outpatient services or 1845
until the order expires. The service provider must deter mine 1846
whether modifications should be made to the existing services 1847
plan and must attempt to continue to engage the patient in 1848
treatment. For any material modification of the services plan to 1849
which the patient or the patient's guardian advocate, if 1850
applicable, agrees, the service provider shall send notice of 1851
the modification to the court. Any material modifications of the 1852
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services plan which are contested by the patient or the 1853
patient's guardian advocate, if applicable, must be approved or 1854
disapproved by the court. 1855
(b) A county court may not use incarceration as a sanction 1856
for noncompliance with the services plan, but it may order an 1857
individual evaluated for possible inpatient placement if there 1858
is significant, or are multiple instances of, noncompliance. 1859
(11) PROCEDURE FOR CONTINUED INVOLUNTARY SERVICES. — 1860
(a) A petition for continued involuntary services must be 1861
filed if the patient continues to meets the criteria for 1862
involuntary services. 1863
(b)1. If a patient receiving involuntary outpatient 1864
services continues to meet the criteria for involuntary 1865
outpatient services, the service provider must file in the court 1866
that issued the initial order for involuntary outpatient 1867
services a petition for continued involuntary outpatient 1868
services. 1869
2. If a patient in involuntary inpatient placement 1870
continues to meet the criteria for involuntary services and is 1871
being treated at a receiving facility, the administrator must, 1872
before the expiration of the period the receiving facility is 1873
authorized to retain the patient, f ile in the court that issued 1874
the initial order for involuntary inpatient placement, a 1875
petition requesting authorization for continued involuntary 1876
services. The administrator may petition for inpatient or 1877
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outpatient services. 1878
3. If a patient in inpatient placement continues to meet 1879
the criteria for involuntary services and is being treated at a 1880
treatment facility, the administrator must, before expiration of 1881
the period the treatment facility is authorized to retain the 1882
patient, file a petition requesting a uthorization for continued 1883
involuntary services. The administrator may petition for 1884
inpatient or outpatient services. Hearings on petitions for 1885
continued involuntary services of an individual placed at any 1886
treatment facility are administrative hearings and must be 1887
conducted in accordance with s. 120.57(1), except that any order 1888
entered by the judge is final and subject to judicial review in 1889
accordance with s. 120.68. Orders concerning patients committed 1890
after successfully pleading not guilty by reason of in sanity are 1891
governed by s. 916.15. 1892
4. The court shall immediately schedule a hearing on the 1893
petition to be held within 15 days after the petition is filed. 1894
5. The existing involuntary services order shall remain in 1895
effect until disposition on the petiti on for continued 1896
involuntary services. 1897
(c) The petition must be accompanied by a statement from 1898
the patient's physician, psychiatrist, psychiatric nurse, or 1899
clinical psychologist justifying the request, a brief 1900
description of the patient's treatment duri ng the time he or she 1901
was receiving involuntary services, and an individualized plan 1902
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of continued treatment developed in consultation with the 1903
patient or the patient's guardian advocate, if applicable. If 1904
the petition is for involuntary outpatient services , it must 1905
comply with the requirements of subparagraph (4)(d)3. When the 1906
petition has been filed, the clerk of the court shall provide 1907
copies of the petition and the individualized plan of continued 1908
services to the department, the patient, the patient's gu ardian 1909
advocate, the state attorney, and the patient's private counsel 1910
or the public defender. 1911
(d) The court shall appoint counsel to represent the 1912
person who is the subject of the petition for continued 1913
involuntary services in accordance with to the provisions set 1914
forth in subsection (5), unless the person is otherwise 1915
represented by counsel or ineligible. 1916
(e) Hearings on petitions for continued involuntary 1917
outpatient services must be before the court that issued the 1918
order for involuntary outpatient se rvices. However, the patient 1919
and the patient's attorney may agree to a period of continued 1920
outpatient services without a court hearing. 1921
(f) Hearings on petitions for continued involuntary 1922
inpatient placement in receiving facilities, or involuntary 1923
outpatient services following involuntary inpatient services, 1924
must be held in the county or the facility, as appropriate, 1925
where the patient is located. 1926
(g) The court may appoint a magistrate to preside at the 1927
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hearing. The procedures for obtaining an order purs uant to this 1928
paragraph must meet the requirements of subsection (7). 1929
(h) Notice of the hearing must be provided as set forth in 1930
s. 394.4599. 1931
(i) If a patient's attendance at the hearing is 1932
voluntarily waived, the judge must determine that the patient 1933
knowingly, intelligently, and voluntarily waived his or her 1934
right to be present, before waiving the presence of the patient 1935
from all or a portion of the hearing. Alternatively, if at the 1936
hearing the judge finds that attendance at the hearing is not 1937
consistent with the best interests of the patient, the judge may 1938
waive the presence of the patient from all or any portion of the 1939
hearing, unless the patient, through counsel, objects to the 1940
waiver of presence. The testimony in the hearing must be under 1941
oath, and the proceedings must be recorded. 1942
(j) If at a hearing it is shown that the patient continues 1943
to meet the criteria for involuntary services, the court shall 1944
issue an order for continued involuntary outpatient services, 1945
involuntary inpatient placement, or a combination of involuntary 1946
services for up to 6 months. The same procedure shall be 1947
repeated before the expiration of each additional period the 1948
patient is retained. 1949
(k) If the patient has been ordered to undergo involuntary 1950
services and has previously been found incompetent to consent to 1951
treatment, the court shall consider testimony and evidence 1952
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regarding the patient's competence. If the patient's competency 1953
to consent to treatment is restored, the discharge of the 1954
guardian advocate is governed by s. 3 94.4598. If the patient has 1955
been ordered to undergo involuntary inpatient placement only and 1956
the patient's competency to consent to treatment is restored, 1957
the administrative law judge may issue a recommended order, to 1958
the court that found the patient incom petent to consent to 1959
treatment, that the patient's competence be restored and that 1960
any guardian advocate previously appointed be discharged. 1961
(l) If continued involuntary inpatient placement is 1962
necessary for a patient in involuntary inpatient placement wh o 1963
was admitted while serving a criminal sentence, but his or her 1964
sentence is about to expire, or for a minor involuntarily 1965
placed, but who is about to reach the age of 18, the 1966
administrator shall petition the administrative law judge for an 1967
order authorizing continued involuntary inpatient placement. 1968
1969
The procedure required in this subsection must be followed 1970
before the expiration of each additional period the patient is 1971
involuntarily receiving services. 1972
(12) RETURN TO FACILITY. —If a patient has been orde red to 1973
undergo involuntary inpatient placement at a receiving or 1974
treatment facility under this part and leaves the facility 1975
without the administrator's authorization, the administrator may 1976
authorize a search for the patient and his or her return to the 1977
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facility. The administrator may request the assistance of a law 1978
enforcement agency in this regard. 1979
(13) DISCHARGE.—The patient shall be discharged upon 1980
expiration of the court order or at any time the patient no 1981
longer meets the criteria for involuntary ser vices, unless the 1982
patient has transferred to voluntary status. Upon discharge, the 1983
service provider or facility shall send a certificate of 1984
discharge to the court. 1985
Reviser's note.—Reenacted to conform to the fact that s. 11, ch. 1986
2024-245, Laws of Florida, purported to amend s. 394.467 1987
but did not publish paragraphs (7)(f) and (g), which were 1988
intended to be stricken. Similar material now appears in 1989
paragraph (11)(k). Paragraph (1)(a) is amended to conform 1990
to the fact that s. 394.4655(1) defines "involuntary 1991
outpatient placement" as "involuntary outpatient services 1992
as defined in s. 394.467," and s. 394.467(1)(c) 1993
specifically defines "involuntary outpatient services." 1994
Paragraph (8)(b) is amended to confirm an editorial 1995
deletion to correct a drafting error. Para graph (11)(d) is 1996
amended to confirm an editorial substitution to conform to 1997
context. 1998
Section 38. Subsection (2) of section 394.468, Florida 1999
Statutes, is amended to read: 2000
394.468 Admission and discharge procedures. — 2001
(2) Discharge planning and procedures for any patient's 2002
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release from a receiving facility or treatment facility must 2003
include and document the patient's needs, and actions to address 2004
such needs, for, at a minimum: 2005
(a) Follow-up behavioral health appointm ents; 2006
(b) Information on how to obtain prescribed medications; 2007
and 2008
(c) Information pertaining to: 2009
1. Available living arrangements .; 2010
2. Transportation; and 2011
(d) Referral to: 2012
1. Care coordination services. The patient must be 2013
referred for care co ordination services if the patient meets the 2014
criteria as a member of a priority population as determined by 2015
the department under s. 394.9082(3)(c) and is in need of such 2016
services. 2017
2. Recovery support opportunities under s. 394.4573(2)(l), 2018
including, but not limited to, connection to a peer specialist. 2019
Reviser's note.—Amended to conform to statutes formatting. 2020
Section 39. Paragraph (a) of subsection (2) of section 2021
395.901, Florida Statutes, is amended to read: 2022
395.901 Definitions; legislative finding s and intent.— 2023
(2) LEGISLATIVE FINDINGS AND INTENT. — 2024
(a) The Legislature finds that there is a critical 2025
shortage of behavioral health professionals and recognizes the 2026
urgent need to expand the existing behavioral health workforce, 2027
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prepare for an aging workforce, incentivize entry into 2028
behavioral health professions, and train a modernized workforce 2029
in innovative and integrated care. 2030
Reviser's note.—Amended to confirm an editorial insertion to 2031
conform to language elsewhere in the section. 2032
Section 40. Subsection (3) of section 397.68141, Florida 2033
Statutes, is amended to read: 2034
397.68141 Contents of petition for involuntary treatment 2035
services.—A petition for involuntary services must contain the 2036
name of the respondent; the name of the petitioner; the 2037
relationship between the respondent and the petitioner; the name 2038
of the respondent's attorney, if known; and the factual 2039
allegations presented by the petitioner establishing the need 2040
for involuntary services for substance abuse impairment. 2041
(3) If there is an emergency, the petition must also 2042
describe the respondent's exigent circumstances and include a 2043
request for an ex parte assessment and stabilization order that 2044
must be executed pursuant to s. 397.6818 397.68151. 2045
Reviser's note.—Amended to conform to the fact that s. 397.68151 2046
relates to duties of the court upon filing of a petition 2047
for involuntary services; execution of court orders for 2048
involuntary assessment and stabilization are referenced in 2049
s. 397.6818. 2050
Section 41. Subsection (7) of section 403.03 1, Florida 2051
Statutes, is amended to read: 2052
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403.031 Definitions. —In construing this chapter, or rules 2053
and regulations adopted pursuant hereto, the following words, 2054
phrases, or terms, unless the context otherwise indicates, have 2055
the following meanings: 2056
(7) "Nutrient or nutrient -related standards" means water 2057
quality standards and criteria established for total nitrogen 2058
and total phosphorus phosphorous, or their organic or inorganic 2059
forms; biological variables, such as chlorophyll a, biomass, or 2060
the structure of the phytoplankton, periphyton, or vascular 2061
plant community, that respond to a nutrient load or 2062
concentration in a predictable and measurable manner; or 2063
dissolved oxygen if it is demonstrated for the waterbody that 2064
dissolved oxygen conditions result in a biological imbalance and 2065
the dissolved oxygen responds to a nutrient load or 2066
concentration in a predictable and measurable manner. 2067
Reviser's note.—Amended to confirm an editorial substitution to 2068
conform to context. 2069
Section 42. Paragraph (c) of subse ction (1) of section 2070
403.086, Florida Statutes, is amended to read: 2071
403.086 Sewage disposal facilities; advanced and secondary 2072
waste treatment.— 2073
(1) 2074
(c)1. Notwithstanding this chapter or chapter 373, sewage 2075
disposal facilities may not dispose any wast es into the 2076
following waters without providing advanced waste treatment, as 2077
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defined in subsection (4), as approved by the department or a 2078
more stringent treatment standard if the department determines 2079
the more stringent standard is necessary to achieve the total 2080
maximum daily load or applicable water quality criteria: 2081
a. Old Tampa Bay; Tampa Bay; Hillsborough Bay; Boca Ciega 2082
Bay; St. Joseph Sound; Clearwater Bay; Sarasota Bay; Little 2083
Sarasota Bay; Roberts Bay; Lemon Bay; Charlotte Harbor Bay; 2084
Biscayne Bay; or any river, stream, channel, canal, bay, bayou, 2085
sound, or other water tributary thereto. 2086
b. Beginning July 1, 2025, Indian River Lagoon, or any 2087
river, stream, channel, canal, bay, bayou, sound, or other water 2088
tributary thereto. 2089
c. By January 1, 2033, waterbodies that are currently not 2090
attaining nutrient or nutrient -related standards or that are 2091
subject to a nutrient or nutrient -related basin management 2092
action plan adopted pursuant to s. 403.067 or adopted reasonable 2093
assurance plan. 2094
2. For any waterbody determined not to be attaining 2095
nutrient or nutrient -related standards after July 1, 2023, or 2096
subject to a nutrient or nutrient -related basin management 2097
action plan adopted pursuant to s. 403.067 or adopted reasonable 2098
assurance plan after July 1, 2 023, sewage disposal facilities 2099
are prohibited from disposing any wastes into such waters 2100
without providing advanced waste treatment, as defined in 2101
subsection (4), as approved by the department within 10 years 2102
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after such determination or adoption. 2103
3. By July 1, 2034, any wastewater treatment facility 2104
providing reclaimed water that will be used for commercial or 2105
residential irrigation or be otherwise land applied within a 2106
nutrient basin management action plan or a reasonable assurance 2107
plan area must meet t he advanced waste treatment standards for 2108
total nitrogen and total phosphorus phosphorous as defined in 2109
paragraph (4)(a) if the department has determined in an 2110
applicable basin management action plan or reasonable assurance 2111
plan that the use of reclaimed w ater as described in this 2112
subparagraph is causing or contributing to the nutrient 2113
impairment being addressed in such plan. For such department 2114
determinations made in a nutrient basin management action plan 2115
or reasonable assurance plan after July 1, 2024, a n applicable 2116
wastewater treatment facility must meet the requisite advanced 2117
waste treatment standards described in this subparagraph within 2118
10 years after such determination. This subparagraph does not 2119
prevent the department from requiring an alternative t reatment 2120
standard, including a more stringent treatment standard, if the 2121
department determines the alternative standard is necessary to 2122
achieve the total maximum daily load or applicable water quality 2123
criteria. This subparagraph does not apply to reclaimed water 2124
that is otherwise land applied as part of a water quality 2125
restoration project or water resource development project 2126
approved by the department or water management district to meet 2127
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a total maximum daily load or minimum flow or level and where 2128
such reclaimed water will be at or below the advanced waste 2129
treatment standards described above prior to entering 2130
groundwater or surface water. 2131
Reviser's note.—Amended to confirm an editorial substitution to 2132
conform to context. 2133
Section 43. Paragraph (a) of su bsection (3) of section 2134
403.121, Florida Statutes, is amended to read: 2135
403.121 Enforcement; procedure; remedies. —The department 2136
shall have the following judicial and administrative remedies 2137
available to it for violations of this chapter, as specified in 2138
s. 403.161(1), ss. 381.0065 -381.0067, part I of chapter 386 for 2139
purposes of onsite sewage treatment and disposal systems, part 2140
III of chapter 489, or any rule promulgated thereunder. 2141
(3) Except for violations involving hazardous wastes, 2142
asbestos, or underground injection, administrative penalties 2143
must be calculated according to the following schedule: 2144
(a) For a drinking water contamination violation, the 2145
department shall assess a penalty of $3,000 for a Maximum 2146
Contaminant Containment Level (MCL) violation; plus $1,500 if 2147
the violation is for a primary inorganic, organic, or 2148
radiological Maximum Contaminant Level or it is a fecal coliform 2149
bacteria violation; plus $1,500 if the violation occurs at a 2150
community water system; and plus $1,500 if any Maximum 2151
Contaminant Level is exceeded by more than 100 percent. For 2152
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failure to obtain a clearance letter before placing a drinking 2153
water system into service when the system would not have been 2154
eligible for clearance, the department shall assess a penalty of 2155
$4,500. 2156
Reviser's note.—Amended to confirm an editorial substitution to 2157
conform to context. 2158
Section 44. Subsection (5) of section 408.051, Florida 2159
Statutes, is amended to read: 2160
408.051 Florida Electronic Health Records Exchange Act. — 2161
(5) HOSPITAL DATA.—A hospital as defined in s. 395.002(12) 2162
which maintains certified electronic health record technology 2163
must make available admission admit, transfer, and discharge 2164
data to the agency's Florida Health Information Exchange program 2165
for the purpose of supporting public health data registries and 2166
patient care coordination. The agency may adopt rules to 2167
implement this subsection. 2168
Reviser's note.—Amended to improve clarity and facilitate 2169
correct interpretation. 2170
Section 45. Paragraph (d) of subsection (9) of secti on 2171
409.909, Florida Statutes, is amended to read: 2172
409.909 Statewide Medicaid Residency Program. — 2173
(9) The Graduate Medical Education Committee is created 2174
within the agency. 2175
(d) The committee shall convene its first meeting by July 2176
1, 2024, and shall m eet as often as necessary to conduct its 2177
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business, but at least twice annually, at the call of the chair. 2178
The committee may conduct its meetings through though 2179
teleconference or other electronic means. A majority of the 2180
members of the committee constitutes a quorum, and a meeting may 2181
not be held with less than a quorum present. The affirmative 2182
vote of a majority of the members of the committee present is 2183
necessary for any official action by the committee. 2184
Reviser's note.—Amended to confirm an editorial subs titution to 2185
conform to context. 2186
Section 46. Paragraph (j) of subsection (1) of section 2187
409.988, Florida Statutes, is amended to read: 2188
409.988 Community-based care lead agency duties; general 2189
provisions.— 2190
(1) DUTIES.—A lead agency: 2191
(j)1. May subcontract for the provision of services, 2192
excluding subcontracts with a related party for officer -level or 2193
director-level staffing to perform management functions, 2194
required by the contract with the lead agency and the 2195
department; however, the subcontracts must specify how the 2196
provider will contribute to the lead agency meeting the 2197
performance standards established pursuant to the child welfare 2198
results-oriented accountability system required by s. 409.997. 2199
Any contract with an unrelated entity for officer -level or 2200
director-level staffing to perform management functions must 2201
adhere to the executive compensation provision in s. 409.992(3). 2202
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2. Shall directly provide no more than 35 percent of all 2203
child welfare services provided unless it can demonstrate a need 2204
within the lead agency's geographic service area where there is 2205
a lack of qualified providers available to perform necessary 2206
services. The approval period for an exemption to exceed the 35 2207
percent threshold is limited to 2 years. To receive approval, 2208
the lead agency must create and submit to the department through 2209
the lead agency's local community alliance a detailed report of 2210
all efforts to recruit a qualified provider to perform the 2211
necessary services in that geographic service area. The local 2212
community alliance in the geographic service area in which the 2213
lead agency is seeking to exceed the threshold shall review the 2214
lead agency's justification for need and recommend to the 2215
department whether the department should approve or deny the 2216
lead agency's request fo r an exemption from the services 2217
threshold. If there is not a community alliance operating in the 2218
geographic service area in which the lead agency is seeking to 2219
exceed the threshold, such review and recommendation shall be 2220
made by representatives of local stakeholders, including at 2221
least one representative from each of the following: 2222
a. The department. 2223
b. The county government. 2224
c. The school district. 2225
d. The county United Way. 2226
e. The county sheriff's office. 2227
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f. The circuit court corresponding to the county. 2228
g. The county children's board, if one exists. 2229
2230
The lead agency may request a renewal of the exemption allowing 2231
the lead agency to directly provide child welfare services by 2232
following the process outlined in this subparagraph. The 2233
approval period for an exemption renewal is limited to 2 years. 2234
If, after the expiration of the exemption, the department 2235
determines the lead agency is not making a good faith effort to 2236
recruit a qualified provider, the department may deny the 2237
renewal request and re quire reprocurement. 2238
3. Shall, upon the department approving any exemption that 2239
allows a lead agency to directly provide more than 40 percent of 2240
all child welfare services provided, be required by the 2241
department to undergo an operational audit by the Auditor 2242
General to examine the lead agency's procurement of and 2243
financial arrangements for providing such services. Upon 2244
approving any exemption that allows a lead agency to directly 2245
provide more than 40 percent of all child welfare services 2246
provided, the department shall require the lead agency to 2247
undergo an operational audit by the Auditor General to examine 2248
the lead agency's procurement of and financial arrangements for 2249
providing such services. The audit shall, at a minimum, examine 2250
the costs incurred an d any payments made by the lead agency to 2251
itself for services directly provided by the lead agency 2252
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compared to any procurement solicitations by the lead agency, 2253
and assess the adequacy of the efforts to obtain services from 2254
subcontractors and the resulting cost and cost-effectiveness of 2255
the services provided directly by the lead agency. The Auditor 2256
General shall conduct such audits upon notification by the 2257
department. 2258
Reviser's note.—Amended to confirm an editorial substitution to 2259
conform to the introductor y text of subsection (1) and to 2260
provide contextual consistency with the other subunits 2261
within that subsection. 2262
Section 47. Paragraph (a) of subsection (3) of section 2263
420.606, Florida Statutes, is amended to read: 2264
420.606 Training and technical assist ance program.— 2265
(3) TRAINING AND TECHNICAL ASSISTANCE PROGRAM. —The 2266
Department of Commerce shall be responsible for securing the 2267
necessary expertise to provide training and technical assistance 2268
to: 2269
(a) Staff of local governments; to staff of state 2270
agencies, as appropriate; to community-based organizations; and 2271
to persons forming such organizations, which are formed for the 2272
purpose of developing new housing and rehabilitating existing 2273
housing that is affordable for very -low-income persons, low-2274
income persons, and moderate-income persons. 2275
1. The training component of the program shall be designed 2276
to build the housing development capacity of community -based 2277
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organizations and local governments as a permanent resource for 2278
the benefit of communities in this st ate. 2279
a. The scope of training must include, but need not be 2280
limited to, real estate development skills related to affordable 2281
housing, including the construction process and property 2282
management and disposition, the development of public -private 2283
partnerships to reduce housing costs, model housing projects, 2284
and management and board responsibilities of community -based 2285
organizations. 2286
b. Training activities may include, but are not limited 2287
to, materials for self -instruction, workshops, seminars, 2288
internships, coursework, and special programs developed in 2289
conjunction with state universities and community colleges. 2290
2. The technical assistance component of the program shall 2291
be designed to assist applicants for state -administered programs 2292
in developing applicatio ns and in expediting project 2293
implementation. Technical assistance activities for the staffs 2294
of community-based organizations and local governments who are 2295
directly involved in the production of affordable housing may 2296
include, but are not limited to, worksh ops for program 2297
applicants, onsite visits, guidance in achieving project 2298
completion, and a newsletter to community -based organizations 2299
and local governments. 2300
Reviser's note.—Amended to eliminate redundancy. 2301
Section 48. Paragraph (b) of subsection (4) o f section 2302
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420.6241, Florida Statutes, is amended to read: 2303
420.6241 Persons with lived experience. — 2304
(4) BACKGROUND SCREENING. — 2305
(b) The background screening conducted under this 2306
subsection must ensure that the qualified applicant has not been 2307
arrested for and is not awaiting final disposition of, has not 2308
been found guilty of, regardless of adjudication, or entered a 2309
plea of nolo contendere or guilty to, or has not been 2310
adjudicated delinquent and the record has been sealed or 2311
expunged for, any offense pr ohibited under any of the following 2312
state laws or similar laws of another jurisdiction: 2313
1. Section 393.135, relating to sexual misconduct with 2314
certain developmentally disabled clients and reporting of such 2315
sexual misconduct. 2316
2. Section 394.4593, relati ng to sexual misconduct with 2317
certain mental health patients and reporting of such sexual 2318
misconduct. 2319
3. Section 409.920, relating to Medicaid provider fraud, 2320
if the offense is a felony of the first or second degree. 2321
4. Section 415.111, relating to crim inal penalties for 2322
abuse, neglect, or exploitation of vulnerable adults. 2323
5. Any offense that constitutes domestic violence, as 2324
defined in s. 741.28. 2325
6. Section 777.04, relating to attempts, solicitation, and 2326
conspiracy to commit an offense listed in this paragraph. 2327
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7. Section 782.04, relating to murder. 2328
8. Section 782.07, relating to manslaughter, aggravated 2329
manslaughter of an elderly person or a disabled adult, 2330
aggravated manslaughter of a child, or aggravated manslaughter 2331
of an officer, a firefi ghter, an emergency medical technician, 2332
or a paramedic. 2333
9. Section 782.071, relating to vehicular homicide. 2334
10. Section 782.09, relating to killing of an unborn child 2335
by injury to the mother. 2336
11. Chapter 784, relating to assault, battery, and 2337
culpable negligence, if the offense is a felony. 2338
12. Section 787.01, relating to kidnapping. 2339
13. Section 787.02, relating to false imprisonment. 2340
14. Section 787.025, relating to luring or enticing a 2341
child. 2342
15. Section 787.04(2), relating to leading, takin g, 2343
enticing, or removing a minor beyond the state limits, or 2344
concealing the location of a minor, with criminal intent pending 2345
custody proceedings. 2346
16. Section 787.04(3), relating to leading, taking, 2347
enticing, or removing a minor beyond the state limits, or 2348
concealing the location of a minor, with criminal intent pending 2349
dependency proceedings or proceedings concerning alleged abuse 2350
or neglect of a minor. 2351
17. Section 790.115(1), relating to exhibiting firearms or 2352
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weapons within 1,000 feet of a school. 2353
18. Section 790.115(2)(b), relating to possessing an 2354
electric weapon or device, a destructive device, or any other 2355
weapon on school property. 2356
19. Section 794.011, relating to sexual battery. 2357
20. Former s. 794.041, relating to prohibited acts of 2358
persons in familial or custodial authority. 2359
21. Section 794.05, relating to unlawful sexual activity 2360
with certain minors. 2361
22. Section 794.08, relating to female genital mutilation. 2362
23. Section 796.07, relating to procuring another to 2363
commit prostitution, ex cept for those offenses expunged pursuant 2364
to s. 943.0583. 2365
24. Section 798.02, relating to lewd and lascivious 2366
behavior. 2367
25. Chapter 800, relating to lewdness and indecent 2368
exposure. 2369
26. Section 806.01, relating to arson. 2370
27. Section 810.02, relating to burglary, if the offense 2371
is a felony of the first degree. 2372
28. Section 810.14, relating to voyeurism, if the offense 2373
is a felony. 2374
29. Section 810.145, relating to digital video voyeurism, 2375
if the offense is a felony. 2376
30. Section 812.13, relating to robbery. 2377
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31. Section 812.131, relating to robbery by sudden 2378
snatching. 2379
32. Section 812.133, relating to carjacking. 2380
33. Section 812.135, relating to home -invasion robbery. 2381
34. Section 817.034, relating to communications fraud, if 2382
the offense is a felony of the first degree. 2383
35. Section 817.234, relating to false and fraudulent 2384
insurance claims, if the offense is a felony of the first or 2385
second degree. 2386
36. Section 817.50, relating to fraudulently obtaining 2387
goods or services from a health care provider and false reports 2388
of a communicable disease. 2389
37. Section 817.505, relating to patient brokering. 2390
38. Section 817.568, relating to fraudulent use of 2391
personal identification, if the offense is a felony of the first 2392
or second degree. 2393
39. Section 825.102, relating to abuse, aggravated abuse, 2394
or neglect of an elderly person or a disabled adult. 2395
40. Section 825.1025, relating to lewd or lascivious 2396
offenses committed upon or in the presence of an elderly person 2397
or a disabled person. 2398
41. Section 825.103, relating to exploitation of an 2399
elderly person or a disabled adult, if the offense is a felony. 2400
42. Section 826.04, relating to incest. 2401
43. Section 827.03, relating to child abuse, aggravated 2402
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child abuse, or neglect of a child. 2403
44. Section 827.04, relating to contributing to the 2404
delinquency or dependency of a child. 2405
45. Former s. 827.05, relating to negligent treatment of 2406
children. 2407
46. Section 827.071, relating to sexual performance by a 2408
child. 2409
47. Section 831.30, relating to fraud in ob taining 2410
medicinal drugs. 2411
48. Section 831.31, relating to the sale, manufacture, 2412
delivery, or possession with intent to sell, manufacture, or 2413
deliver any counterfeit controlled substance, if the offense is 2414
a felony. 2415
49. Section 843.01, relating to resis ting arrest with 2416
violence. 2417
50. Section 843.025, relating to depriving a law 2418
enforcement, correctional, or correctional probation officer of 2419
the means of protection or communication. 2420
51. Section 843.12, relating to aiding in an escape. 2421
52. Section 843.13, relating to aiding in the escape of 2422
juvenile inmates of correctional institutions. 2423
53. Chapter 847, relating to obscenity. 2424
54. Section 874.05, relating to encouraging or recruiting 2425
another to join a criminal gang. 2426
55. Chapter 893, relating to dr ug abuse prevention and 2427
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control, if the offense is a felony of the second degree or 2428
greater severity. 2429
56. Section 895.03, relating to racketeering and 2430
collection of unlawful debts. 2431
57. Section 896.101, relating to the Florida Money 2432
Laundering Act. 2433
58. Section 916.1075, relating to sexual misconduct with 2434
certain forensic clients and reporting of such sexual 2435
misconduct. 2436
59. Section 944.35(3), relating to inflicting cruel or 2437
inhuman treatment on an inmate, resulting in great bodily harm. 2438
60. Section 944.40, relating to escape. 2439
61. Section 944.46, relating to harboring, concealing, or 2440
aiding an escaped prisoner. 2441
62. Section 944.47, relating to introduction of contraband 2442
into a correctional institution. 2443
63. Section 985.701, relating to sexual misc onduct in 2444
juvenile justice programs. 2445
64. Section 985.711, relating to introduction of 2446
contraband into a detention facility. 2447
Reviser's note.—Amended to conform to the amendment of s. 2448
810.145 by s. 1, ch. 2024 -132, Laws of Florida, which 2449
redesignated the offense of "video voyeurism" as "digital 2450
voyeurism." 2451
Section 49. Paragraph (c) of subsection (2) of section 2452
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456.0145, Florida Statutes, is amended to read: 2453
456.0145 Mobile Opportunity by Interstate Licensure 2454
Endorsement (MOBILE) Act. — 2455
(2) LICENSURE BY ENDORSEMENT.— 2456
(c) A person is ineligible for a license under this 2457
section if the he or she: 2458
1. Has a complaint, an allegation, or an investigation 2459
pending before a licensing entity in another state, the District 2460
of Columbia, or a possession or terr itory of the United States; 2461
2. Has been convicted of or pled nolo contendere to, 2462
regardless of adjudication, any felony or misdemeanor related to 2463
the practice of a health care profession; 2464
3. Has had a health care provider license revoked or 2465
suspended by another state, the District of Columbia, or a 2466
territory of the United States, or has voluntarily surrendered 2467
any such license in lieu of having disciplinary action taken 2468
against the license; or 2469
4. Has been reported to the National Practitioner Data 2470
Bank, unless the applicant has successfully appealed to have his 2471
or her name removed from the data bank. 2472
Reviser's note.—Amended to confirm an editorial deletion to 2473
facilitate correct interpretation. 2474
Section 50. Section 7 of section 456.4501, Florida 2475
Statutes, is amended to read: 2476
456.4501 Interstate Medical Licensure Compact. —The 2477
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Interstate Medical Licensure Compact is hereby enacted into law 2478
and entered into by this state with all other jurisdictions 2479
legally joining therein in the form substantially as follows: 2480
2481
SECTION 7 2482
COORDINATED INFORMATION SYSTEM 2483
2484
(1) The Interstate Commission shall establish a database 2485
of all physicians licensed, or who have applied for licensure, 2486
under Section 5. 2487
(2) Notwithstanding any other provision of law, member 2488
boards shall report to the Interstate Commission any public 2489
action or complaints against a licensed physician who has 2490
applied for or received an expedited license through the 2491
compact. 2492
(3) Member boards shall report to the Interstate 2493
Commission disciplinary or in vestigatory information determined 2494
as necessary and proper by rule of the Interstate Commission. 2495
(4) Member boards may report to the Interstate Commission 2496
any nonpublic complaint, disciplinary, or investigatory 2497
information not required by subsection (3). 2498
(5) Member boards shall share complaint or disciplinary 2499
information about a physician upon request of another member 2500
board. 2501
(6) All information provided to the Interstate Commission 2502
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or distributed by member boards shall be confidential, filed 2503
under seal, and used only for investigatory or disciplinary 2504
matters. 2505
(7) The Interstate Commission may develop rules for 2506
mandated or discretionary sharing of information by member 2507
boards. 2508
Reviser's note.—Amended to confirm an editorial insertion to 2509
improve clarity. 2510
Section 51. Paragraph (c) of subsection (2) of section 2511
459.0075, Florida Statutes, is amended to read: 2512
459.0075 Limited licenses. — 2513
(2) GRADUATE ASSISTANT PHYSICIANS. —A graduate assistant 2514
physician is a medical school graduate who meets the 2515
requirements of this subsection and has obtained a limited 2516
license from the board for the purpose of practicing temporarily 2517
under the direct supervision of a physician who has a full, 2518
active, and unencumbered license issued under this chapter, 2519
pending the graduate's entrance into a residency under the 2520
National Resident Match Program. 2521
(c) A graduate assistant physician limited licensee may 2522
apply for a one-time renewal of his or her limited license 2523
licensed by submitting a board -approved application, 2524
documentation of actual practice under the required protocol 2525
during the initial limited licensure period, and documentation 2526
of applications he or she has submitted for accredited graduate 2527
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medical education training programs. The one -time renewal 2528
terminates after 1 year. A graduate assistant physician who has 2529
received a limited license under this subsection is not eligible 2530
to apply for another limited license, regardless of whether he 2531
or she received a one -time renewal under this paragraph. 2532
Reviser's note.—Amended to confirm an editorial substitution to 2533
facilitate correct interpretation. 2534
Section 52. Subsection (4) of section 465.022, Florida 2535
Statutes, is amended to read 2536
465.022 Pharmacies; general requirements; fees. — 2537
(4) An application for a pharmacy permi t must include the 2538
applicant's written policies and procedures for preventing 2539
controlled substance dispensing based on fraudulent 2540
representations or invalid practitioner -patient relationships. 2541
The board must review the policies and procedures and may deny a 2542
permit if the policies and procedures are insufficient to 2543
reasonably prevent such dispensing. The department may phase in 2544
the submission and review of policies and procedures over one 2545
18-month period beginning July 1, 2011. 2546
Reviser's note.—Amended to delete obsolete language. 2547
Section 53. Subsection (3) of section 466.016, Florida 2548
Statutes, is amended to read: 2549
466.016 License to be displayed. — 2550
(3) Any partnership, corporation, or other business entity 2551
that advertises dental services shall designate with the board a 2552
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dentist of record and provide each patient with the name, 2553
contact telephone number, after -hours contact information for 2554
emergencies, and, upon the patient's request, license 2555
information of the dentist of record. The designated dentist 2556
shall have a full, active, and unencumbered license under this 2557
chapter or a registration pursuant to s. 456.47. 2558
Reviser's note.—Amended to confirm an editorial insertion to 2559
improve clarity. 2560
Section 54. Paragraphs (t) -(v), (aa), and (mm) of 2561
subsection (1) of section 466.028, Florida Statutes, are amended 2562
to read: 2563
466.028 Grounds for disciplinary action; action by the 2564
board.— 2565
(1) The following acts constitute grounds for denial of a 2566
license or disciplinary action, as specified in s. 456.072(2): 2567
(t) Committing fraud, deceit, or misconduct in the 2568
practice of dentistry or dental hygiene. 2569
(u) Failing Failure to provide and maintain reasonable 2570
sanitary facilities and conditions. 2571
(v) Failing Failure to provide adequate radiation 2572
safeguards. 2573
(aa) Violating The violation of a lawful order of the 2574
board or department previously entered in a disciplinary 2575
hearing; or failure to comply with a lawfully issued subpoena of 2576
the board or department. 2577
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(mm) Failing Failure by the dentist of record, before the 2578
initial diagnosis and correction of a malposition of human teeth 2579
or initial use of an orthodontic appliance, to perform an in -2580
person examination of the patient or obtain records from an in -2581
person examination within the last 12 months and to perform a 2582
review of the patient's most recent diagnostic digital or 2583
conventional radiographs or other equivalent bone imaging 2584
suitable for orthodontia. 2585
Reviser's note.—Amended to provide grammatical consistency with 2586
the other paragraphs in this subsection. 2587
Section 55. Section 466.0281, Florida Statutes, is amended 2588
to read: 2589
466.0281 Initial examination for orthodontic appliance. —2590
Before the initial diagnosis and correction of a malposition of 2591
human teeth or initial use of an orthodontic appliance, a 2592
dentist must perform an i n-person examination of the patient or 2593
obtain records from an in -person examination within the previous 2594
12 months and to perform a review of the patient's most recent 2595
diagnostic digital or conventional radiographs or other 2596
equivalent bone imaging suitable for orthodontia. The term "in -2597
person examination" means an examination conducted by a dentist 2598
while the dentist is physically present in the same room as the 2599
patient. 2600
Reviser's note.—Amended to confirm an editorial deletion to 2601
improve clarity. 2602
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Section 56. Subsection (1) of section 493.6127, Florida 2603
Statutes, is amended to read: 2604
493.6127 Appointment of tax collectors to accept 2605
applications and renewals for licenses; fees; penalties. — 2606
(1) The department may appoint a tax collector, a county 2607
officer as described in s. 1(d), Art. VIII of the State 2608
Constitution, to accept new, renewal, and replacement license 2609
applications on behalf of the department for licenses issued 2610
under this chapter. Such appointment shall be for specified 2611
locations that will best se rve the public interest and 2612
convenience of in persons applying for these licenses. The 2613
department shall establish by rule the type of new, renewal, or 2614
replacement licenses a tax collector appointed under this 2615
section is authorized to accept. 2616
Reviser's note.—Amended to confirm an editorial substitution to 2617
improve clarity. 2618
Section 57. Paragraph (b) of subsection (6) of section 2619
516.15, Florida Statutes, is amended to read: 2620
516.15 Duties of licensee. —Every licensee shall: 2621
(6) Offer the borrower at t he time a loan is made a credit 2622
education program or seminar provided, in writing or by 2623
electronic means, by the licensee or a third -party provider. The 2624
credit education program or seminar may address, but need not be 2625
limited to, any of the following topic s: 2626
(b) The impact of, value of, and ways to improve a credit 2627
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score. 2628
2629
A credit education program or seminar offered under this 2630
subsection must be offered at no cost to the borrower. A 2631
licensee may not require a borrower to participate in a credit 2632
education program or seminar as a condition of receiving a loan. 2633
Reviser's note.—Amended to confirm an editorial insertion to 2634
improve clarity. 2635
Section 58. Paragraph (f) of subsection (2) of section 2636
516.38, Florida Statutes, is amended to read: 2637
516.38 Annual reports by licensees. — 2638
(2) The report must include the following information for 2639
the preceding calendar year: 2640
(f) The total number of loans, separated by principal 2641
amount, in the following ranges as of December 31 of the 2642
preceding calendar year: 2643
1. Up to and including $5,000. 2644
2. From $5,001 Five thousand and one dollars to $10,000. 2645
3. From $10,001 Ten thousand and one dollars to $15,000. 2646
4. From $15,001 Fifteen thousand and one dollars to 2647
$20,000. 2648
5. From $20,001 Twenty thousand and one dollar s to 2649
$25,000. 2650
Reviser's note.—Amended to confirm editorial insertions, and 2651
editorial substitutions of dollar amounts to figures, to 2652
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conform to style elsewhere in the section. 2653
Section 59. Paragraph (b) of subsection (5) of section 2654
517.131, Florida Statu tes, is amended to read: 2655
517.131 Securities Guaranty Fund. — 2656
(5) An eligible person, or a receiver on behalf of the 2657
eligible person, seeking payment from the Securities Guaranty 2658
Fund must file with the office a written application on a form 2659
that the commission may prescribe by rule. The commission may 2660
adopt by rule procedures for filing documents by electronic 2661
means, provided that such procedures provide the office with the 2662
information and data required by this section. The application 2663
must be filed with the office within 1 year after the date of 2664
the final judgment, the date on which a restitution order has 2665
been ripe for execution, or the date of any appellate decision 2666
thereon, and, at minimum, must contain all of the following 2667
information: 2668
(b) The name of the person ordered to pay restitution. 2669
Reviser's note.—Amended to improve clarity. 2670
Section 60. Paragraph (b) of subsection (6) of section 2671
550.0351, Florida Statutes, is amended to read: 2672
550.0351 Charity days. — 2673
(6) 2674
(b) The funds derived from th e operation of the additional 2675
scholarship day shall be allocated as provided in this section 2676
and paid to Pasco-Hernando State College Pasco-Hernando 2677
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Community College. 2678
Reviser's note.—Amended to confirm an editorial substitution to 2679
conform to the renaming of the college by s. 1, ch. 2014 -8, 2680
Laws of Florida. 2681
Section 61. Subsection (7) of section 553.8991, Florida 2682
Statutes, is amended to read: 2683
553.8991 Resiliency and Safe Structures Act. — 2684
(7) APPLICATION AND CONSTRUCTION. —This section applies 2685
retroactively to any law adopted contrary to this section or its 2686
intent and must be liberally construed to effectuate its intent. 2687
This section does not apply to or affect s. 553.79(25) 2688
553.79(26). 2689
Reviser's note.—Amended to conform to the deletion of former s. 2690
553.79(16) by s. 3, ch. 2024 -191, Laws of Florida. 2691
Section 62. Section 569.31, Florida Statutes, is reenacted 2692
to read: 2693
569.31 Definitions. —As used in this part, the term: 2694
(1) "Dealer" is synonymous with the term "retail nicotine 2695
products dealer." 2696
(2) "Division" means the Division of Alcoholic Beverages 2697
and Tobacco of the Department of Business and Professional 2698
Regulation. 2699
(3) "FDA" means the United States Food and Drug 2700
Administration. 2701
(4) "Nicotine dispensing device" means any product that 2702
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employs an electronic, chemical, or mechanical means to produce 2703
vapor or aerosol from a nicotine product, including, but not 2704
limited to, an electronic cigarette, electronic cigar, 2705
electronic cigarillo, electronic pipe, or other similar device 2706
or product, any replacement cartridge for such device, and any 2707
other container of nicotine in a solution or other form intended 2708
to be used with or within an electronic cigarette, electronic 2709
cigar, electronic cigarillo, electronic pipe, or other similar 2710
device or product. For purposes of this definition, each 2711
individual stock keeping unit is considered a separate nicotine 2712
dispensing device. 2713
(5) "Nicotine product" means any product that contains 2714
nicotine, including liquid nicotine, which is intended for human 2715
consumption, whether inhaled, chewed, absorbed, dissolved, or 2716
ingested by any means. The term also includes any nicotine 2717
dispensing device. The term does not include a: 2718
(a) Tobacco product, as defined in s. 569.002; 2719
(b) Product regulated as a drug or device by the Uni ted 2720
States Food and Drug Administration under Chapter V of the 2721
Federal Food, Drug, and Cosmetic Act; or 2722
(c) Product that contains incidental nicotine. 2723
(6) "Nicotine products manufacturer" means any person or 2724
entity that manufactures nicotine products. 2725
(7) "Permit" is synonymous with the term "retail nicotine 2726
products dealer permit." 2727
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(8) "Retail nicotine products dealer" means the holder of 2728
a retail nicotine products dealer permit. 2729
(9) "Retail nicotine products dealer permit" means a 2730
permit issued by the division under s. 569.32. 2731
(10) "Self-service merchandising" means the open display 2732
of nicotine products, whether packaged or otherwise, for direct 2733
retail customer access and handling before purchase without the 2734
intervention or assistance of the de aler or the dealer's owner, 2735
employee, or agent. An open display of such products and devices 2736
includes the use of an open display unit. 2737
(11) "Sell" or "sale" means, in addition to its common 2738
usage meaning, any sale, transfer, exchange, barter, gift, or 2739
offer for sale and distribution, in any manner or by any means. 2740
(12) "Any person under the age of 21" does not include any 2741
person under the age of 21 who: 2742
(a) Is in the military reserve or on active duty in the 2743
Armed Forces of the United States; or 2744
(b) Is acting in his or her scope of lawful employment. 2745
Reviser's note.—Section 1, ch. 2024-127, Laws of Florida, 2746
purported to amend s. 569.31, but did not publish 2747
subsection (9), which was published and redesignated as 2748
subsection (12) by the editors to confo rm to the subsection 2749
redesignations by s. 1, ch. 2024 -127. Absent affirmative 2750
evidence of legislative intent to repeal it, s. 569.31 is 2751
reenacted to confirm that the omission was not intended. 2752
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Section 63. Paragraph (a) of subsection (6) of section 2753
581.189, Florida Statutes, is amended to read: 2754
581.189 Dealing in, buying, transporting, and processing 2755
saw palmetto berries. — 2756
(6)(a) A harvester that exchanges or offers to exchange 2757
saw palmetto berries with a saw palmetto dealer, seller, or 2758
processor for money or any other valuable consideration without 2759
first presenting to the saw palmetto berry dealer, seller, or 2760
processor the person's entire permit, as provided in s. 581.185, 2761
or the landowner's written permission commits a misdemeanor of 2762
the first degree, punishable as provided in s. 775.082 or s. 2763
775.083. 2764
Reviser's note.—Amended to confirm an editorial insertion to 2765
improve clarity. 2766
Section 64. Paragraph (a) of subsection (6) of section 2767
605.0115, Florida Statutes, is amended to read: 2768
605.0115 Resignation of registered agent. — 2769
(6)(a) If a registered agent is resigning as registered 2770
agent from more than one limited liabil ity company that each has 2771
been dissolved, either voluntarily, administratively, or by 2772
court action, for a continuous period of 10 years or longer, the 2773
registered agent may elect to file the statement of resignation 2774
separately for each such limited liabilit y company or may elect 2775
to file a single composite statement of resignation covering two 2776
or more limited liability companies. Any such composite 2777
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statement of resignation must set forth, for each such limited 2778
liability company covered by the statement of res ignation, the 2779
name of the respective limited liability company and the date 2780
dissolution became effective for the respective limited 2781
liability company. 2782
Reviser's note.—Amended to confirm an editorial insertion to 2783
conform to context. 2784
Section 65. Subsecti on (4) of section 607.0149, Florida 2785
Statutes, is amended to read: 2786
607.0149 Notice requirements. — 2787
(4) Notice under this section is not required with respect 2788
to any action required to be submitted to shareholders for 2789
approval pursuant to s. 607.0147(3) if notice is given in 2790
accordance with s. 607.0148(2). 2791
Reviser's note.—Amended to confirm an editorial insertion to 2792
improve clarity. 2793
Section 66. Paragraph (b) of subsection (1) of section 2794
624.27, Florida Statutes, is amended to read: 2795
624.27 Direct health care agreements; exemption from 2796
code.— 2797
(1) As used in this section, the term: 2798
(b) "Health care provider" means a health care provider 2799
licensed under chapter 458, chapter 459, chapter 460, chapter 2800
461, chapter 464, or chapter 466, chapter 490, or cha pter 491, 2801
or a health care group practice, who provides health care 2802
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services to patients. 2803
Reviser's note.—Amended to confirm an editorial deletion to 2804
conform to context. 2805
Section 67. Paragraph (c) of subsection (10) of section 2806
624.307, Florida Statutes, is amended to read: 2807
624.307 General powers; duties. — 2808
(10) 2809
(c) Each insurer issued a certificate of authority or made 2810
an eligible surplus lines insurer shall file with the department 2811
an e-mail address to which requests for response to consumer 2812
complaints shall be directed pursuant to paragraph (b). Such 2813
insurer shall also designate a contact person for escalated 2814
complaint issues and shall provide the name, e -mail address, and 2815
telephone number of such person. A licensee of the department, 2816
including an agency or a firm, may elect to designate designated 2817
an e-mail address to which requests for response to consumer 2818
complaints shall be directed pursuant to paragraph (b). If a 2819
licensee, including an agency or a firm, elects not to designate 2820
an e-mail address, the department shall direct requests for 2821
response to consumer complaints to the e -mail address of record 2822
for the licensee in the department's licensing system. An 2823
insurer or a licensee, including an agency or a firm, may change 2824
the designated contact information at any time by submitting the 2825
new information to the department using the method designated by 2826
rule by the department. 2827
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Reviser's note.—Amended to confirm an editorial substitution to 2828
conform to context. 2829
Section 68. Paragraph (c) of subsection (1) of section 2830
624.413, Florida Statutes, is amende d to read: 2831
624.413 Application for certificate of authority. — 2832
(1) To apply for a certificate of authority, an insurer 2833
shall file its application therefor with the office, upon a form 2834
adopted by the commission and furnished by the office, showing 2835
its name; location of its home office and, if an alien insurer, 2836
its principal office in the United States; kinds of insurance to 2837
be transacted; state or country of domicile; and such additional 2838
information as the commission reasonably requires, together with 2839
the following documents: 2840
(c) If a foreign or alien reciprocal insurer, a copy of 2841
the power of attorney of its attorney in fact and of its 2842
subscribers' agreement, if any, certified by the attorney in 2843
fact; and, if a domestic reciprocal insurer, the permit 2844
application declaration provided for in s. 629.081. 2845
Reviser's note.—Amended to conform to s. 15, ch. 2024 -182, Laws 2846
of Florida, which replaced references to a declaration in 2847
s. 629.081 with language related to a permit application. 2848
Section 69. Paragraph (c) of subsection (1) of section 2849
624.4213, Florida Statutes, is amended to read: 2850
624.4213 Trade secret documents. — 2851
(1) If any person who is required to submit documents or 2852
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other information to the office or department pursuant to the 2853
insurance code or by rule or order of the office, department, or 2854
commission claims that such submission contains a trade secret, 2855
such person may file with the office or department a notice of 2856
trade secret as provided in this section. Failure to do so 2857
constitutes a waiver of any claim by such person that the 2858
document or information is a trade secret. 2859
(c) In submitting a notice of trade secret to the office 2860
or department, the submitting party must include an affidavit 2861
certifying under oath to the truth of the following state ments 2862
concerning all documents or information that are claimed to be 2863
trade secrets: 2864
1. ...(I consider/My company considers)... [I consider/My 2865
company considers] this information a trade secret that has 2866
value and provides an advantage or an opportunity to obtain an 2867
advantage over those who do not know or use it. 2868
2. ...(I have/My company has)... [I have/My company has] 2869
taken measures to prevent the disclosure of the information to 2870
anyone other than those who have been selected to have access 2871
for limited purposes, and ...(I intend/my company intends)... [I 2872
intend/my company intends] to continue to take such measures. 2873
3. The information is not, and has not been, reasonably 2874
obtainable without ...(my/our)... [my/our] consent by other 2875
persons by use of legiti mate means. 2876
4. The information is not publicly available elsewhere. 2877
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Reviser's note.—Amended to conform to general style in forms. 2878
Section 70. Paragraph (d) of subsection (8) of section 2879
624.424, Florida Statutes, is amended to read: 2880
624.424 Annual statement and other information. — 2881
(8) 2882
(d) Upon creation of the continuing education required 2883
under this paragraph, the certified public accountant who that 2884
prepares the audit must be licensed to practice pursuant to 2885
chapter 473 and must have completed at least 4 hours of 2886
insurance-related continuing education during each 2 -year 2887
continuing education cycle. An insurer may not use the same 2888
accountant or partner of an accounting firm responsible for 2889
preparing the report required by this subsection for more th an 5 2890
consecutive years. Following this period, the insurer may not 2891
use such accountant or partner for a period of 5 years, but may 2892
use another accountant or partner of the same firm. An insurer 2893
may request the office to waive this prohibition based upon an 2894
unusual hardship to the insurer and a determination that the 2895
accountant is exercising independent judgment that is not unduly 2896
influenced by the insurer considering such factors as the number 2897
of partners, expertise of the partners or the number of 2898
insurance clients of the accounting firm; the premium volume of 2899
the insurer; and the number of jurisdictions in which the 2900
insurer transacts business. 2901
Reviser's note.—Amended to confirm an editorial substitution to 2902
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conform to context. 2903
Section 71. Paragraph (b) of subsection (1) of section 2904
624.470, Florida Statutes, is amended to read: 2905
624.470 Annual reports. — 2906
(1) 2907
(b) For financial statements filed on or after January 1, 2908
1998, future investment income may only be reported as an 2909
admitted asset by an Assessabl e Mutual or Self-Insurance Fund 2910
which reported future investment income in financial statements 2911
filed with the former Department of Insurance prior to January 2912
1, 1998. 2913
Reviser's note.—Amended to conform to the fact that the duties 2914
of the Department of Insu rance were transferred to the 2915
Department of Financial Services or the Financial Services 2916
Commission by ch. 2002 -404, Laws of Florida, effective 2917
January 7, 2003. Section 3, ch. 2003 -1, Laws of Florida, 2918
and s. 1978, ch. 2003 -261, Laws of Florida, repealed s. 2919
20.13, which created the Department of Insurance. 2920
Section 72. Subsection (3) of section 626.878, Florida 2921
Statutes, is amended to read: 2922
626.878 Rules; code of ethics. — 2923
(3) An adjuster who has had his or her license licensed 2924
revoked or suspended may not participate in any part of an 2925
insurance claim or in the insurance claims adjusting process, 2926
including estimating, completing, filing, negotiating, 2927
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appraising, mediating, umpiring, or effecting settlement of a 2928
claim for loss or damage covered under an insurance contract. A 2929
person who provides these services while the person's license is 2930
revoked or suspended acts as an unlicensed adjuster. 2931
Reviser's note.—Amended to confirm an editorial substitution to 2932
conform to context. 2933
Section 73. Paragraph (d) of subsection (6) of section 2934
627.410, Florida Statutes, is amended to read: 2935
627.410 Filing, approval of forms. — 2936
(6) 2937
(d) Every filing made pursuant to this subsection, except 2938
disability income policies and accidental death policies, is 2939
prohibited from applying the following rating practices: 2940
1. Select and ultimate premium schedules. 2941
2. Premium class definitions that classify insureds 2942
insured based on year of issue or duration since issue. 2943
3. Attained age premium structures on policy forms under 2944
which more than 50 percent of the policies are issued to persons 2945
age 65 or over. 2946
Reviser's note.—Amended to conform to context. 2947
Section 74. Subsection (1) of section 629.121, Florida 2948
Statutes, is amended to read: 2949
629.121 Attorney's bond. — 2950
(1) Concurrently with the filing of the permit application 2951
declaration provided for in s. 629.081, the attorney of a 2952
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domestic reciprocal insurer shall file with the office a bond in 2953
favor of this state for the benefit of all persons damaged as a 2954
result of breach by the attorney of the conditions of his or her 2955
bond as set forth in subsection (2). The bond shall be executed 2956
by the attorney and by an authorized corporate surety and shall 2957
be subject to the approval of the office. 2958
Reviser's note.—Amended to conform to s. 15, ch. 2024-182, Laws 2959
of Florida, which replaced references to a declaration in 2960
s. 629.081 with language related to a permit application. 2961
Section 75. Subsection (9) of section 648.25, Florida 2962
Statutes, is amended to read: 2963
648.25 Definitions. —As used in this chapter, the term: 2964
(9) "Referring bail bond agent" means is the limited 2965
surety agent who is requesting the transfer bond. The referring 2966
bail bond agent is the agent held liable for the transfer bond, 2967
along with the issuing surety company. 2968
Reviser's note.—Amended to confirm an editorial substitution to 2969
conform to the style used in the section. 2970
Section 76. Paragraph (c) of subsection (1) of section 2971
655.0591, Florida Statutes, is amended to read: 2972
655.0591 Trade secret documents. — 2973
(1) If any person who is required to submit documents or 2974
other information to the office pursuant to the financial 2975
institutions codes, or by rule or order of the office or 2976
commission, claims that such submission contains a trade secret, 2977
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such person may file with the office a notice of trade secret 2978
when the information is submitted to the office as provided in 2979
this section. Failure to file such notice constitutes a waiver 2980
of any claim by such person that the document or information is 2981
a trade secret. The notice must p rovide the contact information 2982
of the person claiming ownership of the trade secret. The person 2983
claiming the trade secret is responsible for updating the 2984
contact information with the office. 2985
(c) In submitting a notice of trade secret to the office 2986
or the Department of Financial Services, the submitting party 2987
shall include an affidavit certifying under oath to the truth of 2988
the following statements concerning all documents or information 2989
that are claimed to be trade secrets: 2990
1. ...(I consider/my company c onsiders)... [...I 2991
consider/my company considers...] this information a trade 2992
secret that has value and provides an advantage or an 2993
opportunity to obtain an advantage over those who do not know or 2994
use it. 2995
2. ...(I have/my company has)... [...I have/my company 2996
has...] taken measures to prevent the disclosure of the 2997
information to anyone other than those who have been selected to 2998
have access for limited purposes, and ...(I intend/my company 2999
intends)... [...I intend/my company intends...] to continue to 3000
take such measures. 3001
3. The information is not, and has not been, reasonably 3002
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obtainable without ...(my/our)... [...my/our...] consent by 3003
other persons by use of legitimate means. 3004
4. The information is not publicly available elsewhere. 3005
Reviser's note.—Amended to conform to general style in forms. 3006
Section 77. Subsection (1) of section 683.06, Florida 3007
Statutes, is amended to read: 3008
683.06 Pascua Florida Day. — 3009
(1) April 2 of each year is hereby designated as "Florida 3010
State Day." The day is to be known as "Pascua Florida Day." 3011
Reviser's note.—Amended to confirm an editorial insertion to 3012
improve sentence structure. 3013
Section 78. Subsection (4) of section 709.2209, Florida 3014
Statutes, is amended to read: 3015
709.2209 Supported decisionmaking agreements. — 3016
(4) A communication made by the principal with the 3017
assistance of or through an agent under a supported 3018
decisionmaking agreement that is within the authority granted to 3019
the agent may be recognized for as a communication of the 3020
principal. 3021
Reviser's note.—Amended to confirm an editorial deletion to 3022
improve clarity. 3023
Section 79. Subsection (1) of section 715.105, Florida 3024
Statutes, is amended to read: 3025
715.105 Form of notice concerning abandoned property to 3026
former tenant.— 3027
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(1) A notice to the former tenant which is in 3028
substantially the following form satisfies the requirements of 3029
s. 715.104: 3030
3031
Notice of Right to Reclaim Abandoned Property 3032
To: ...(Name of former tenant)... 3033
...(Address of former tenant)... 3034
When you vacated the premises at ...(addre ss of premises, 3035
including room or apartment number, if any)..., the following 3036
personal property remained: ...(insert description of personal 3037
property).... 3038
You may claim this property at ...(address where property 3039
may be claimed).... 3040
Unless you pay the re asonable costs of storage and 3041
advertising, if any, for all the above -described property and 3042
take possession of the property which you claim, not later than 3043
...(insert date not fewer than 10 days after notice is 3044
personally delivered or, if mailed, not fewer than 15 days after 3045
notice is deposited in the mail)..., this property may be 3046
disposed of pursuant to s. 715.109 , Florida Statutes. 3047
...(Insert here the statement required by subsection 3048
(2))... 3049
Dated:.... ...(Signature of landlord)... 3050
...(Type or print name of landlord)... 3051
...(Telephone number)... 3052
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...(Address)... 3053
Reviser's note.—Amended to conform to general style in forms. 3054
Section 80. Subsections (4) and (11) of section 717.101, 3055
Florida Statutes, are amended to read: 3056
717.101 Definitions. —As used in this chapter, unless the 3057
context otherwise requires: 3058
(4) "Audit agent" means a person with whom the department 3059
enters into a contract with to conduct an audit or examination. 3060
The term includes an independent contractor of the person and 3061
each individual participating in the audit on behalf of the 3062
person or contractor. 3063
(11) "Domicile" means the state of incorporation for a 3064
corporation; the state of filing for a business association, 3065
other than a corporation, whose formation or organization 3066
requires a filing with a state; the state of organization for a 3067
business association, other than a corporation, whose formation 3068
or organization does not require a filing with a state; or the 3069
state of home office for a federally charted entity. 3070
Reviser's note.—Subsection (4) is amended to confirm an 3071
editorial deletion to improve sentence structure. 3072
Subsection (11) is amended to confirm an editorial 3073
insertion to improve clarity. 3074
Section 81. Paragraph (a) of subsection (1) of section 3075
717.1201, Florida Statutes, is ame nded to read: 3076
717.1201 Custody by state; holder liability; reimbursement 3077
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of holder paying claim; reclaiming for owner; payment of safe -3078
deposit box or repository charges. — 3079
(1) Upon the good faith payment or delivery of unclaimed 3080
property to the departme nt, the state assumes custody and 3081
responsibility for the safekeeping of the property. Any person 3082
who pays or delivers unclaimed property to the department in 3083
good faith is relieved of all liability to the extent of the 3084
value of the property paid or deliver ed for any claim then 3085
existing or which thereafter may arise or be made in respect to 3086
the property. 3087
(a) A holder's substantial compliance with s. 717.117(6) 3088
and good faith payment or delivery of unclaimed property to the 3089
department releases the holder fr om liability that may arise 3090
from such payment or delivery, and such delivery and payment may 3091
be pleaded plead as a defense in any suit or action brought by 3092
reason of such delivery or payment. This section does not 3093
relieve a fiduciary of his or her duties u nder the Florida Trust 3094
Code or Florida Probate Code. 3095
Reviser's note.—Amended to confirm an editorial substitution to 3096
conform to context. 3097
Section 82. Paragraphs (c) and (f) of subsection (12) of 3098
section 718.111, Florida Statutes, are amended to read: 3099
718.111 The association. — 3100
(12) OFFICIAL RECORDS. — 3101
(c)1.a. The official records of the association are open 3102
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to inspection by any association member and any person 3103
authorized by an association member as a representative of such 3104
member at all reasonable times. The right to inspect the records 3105
includes the right to make or obtain copies, at the reasonable 3106
expense, if any, of the member and of the person authorized by 3107
the association member as a representative of such member. A 3108
renter of a unit has a right to inspect and copy only the 3109
declaration of condominium, the association's bylaws and rules, 3110
and the inspection reports described in ss. 553.899 and 3111
718.301(4)(p). The association may adopt reasonable rules 3112
regarding the frequency, time, location, notice, and manner of 3113
record inspections and copying but may not require a member to 3114
demonstrate any purpose or state any reason for the inspection. 3115
The failure of an association to provide the records within 10 3116
working days after receipt of a written request crea tes a 3117
rebuttable presumption that the association willfully failed to 3118
comply with this paragraph. A unit owner who is denied access to 3119
official records is entitled to the actual damages or minimum 3120
damages for the association's willful failure to comply. Mi nimum 3121
damages are $50 per calendar day for up to 10 days, beginning on 3122
the 11th working day after receipt of the written request. The 3123
failure to permit inspection entitles any person prevailing in 3124
an enforcement action to recover reasonable attorney fees f rom 3125
the person in control of the records who, directly or 3126
indirectly, knowingly denied access to the records. If the 3127
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requested records are posted on an association's website, or are 3128
available for download through an application on a mobile 3129
device, the association may fulfill its obligations under this 3130
paragraph by directing to the website or the application all 3131
persons authorized to request access. 3132
b. In response to a written request to inspect records, 3133
the association must simultaneously provide to the r equestor a 3134
checklist of all records made available for inspection and 3135
copying. The checklist must also identify any of the 3136
association's official records that were not made available to 3137
the requestor. An association must maintain a checklist provided 3138
under this sub-subparagraph for 7 years. An association 3139
delivering a checklist pursuant to this sub -subparagraph creates 3140
a rebuttable presumption that the association has complied with 3141
this paragraph. 3142
2. A director or member of the board or association or a 3143
community association manager who knowingly, willfully, and 3144
repeatedly violates subparagraph 1. commits a misdemeanor of the 3145
second degree, punishable as provided in s. 775.082 or s. 3146
775.083, and must be removed from office and a vacancy declared. 3147
For purposes of this subparagraph, the term "repeatedly" means 3148
two or more violations within a 12 -month period. 3149
3. Any person who knowingly or intentionally defaces or 3150
destroys accounting records that are required by this chapter to 3151
be maintained during the perio d for which such records are 3152
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required to be maintained, or who knowingly or intentionally 3153
fails to create or maintain accounting records that are required 3154
to be created or maintained, with the intent of causing harm to 3155
the association or one or more of its members, commits a 3156
misdemeanor of the first degree, punishable as provided in s. 3157
775.082 or s. 775.083; is personally subject to a civil penalty 3158
pursuant to s. 718.501(1)(e) 718.501(1)(d); and must be removed 3159
from office and a vacancy declared. 3160
4. A person who willfully and knowingly refuses to release 3161
or otherwise produce association records with the intent to 3162
avoid or escape detection, arrest, trial, or punishment for the 3163
commission of a crime, or to assist another person with such 3164
avoidance or escape, commits a felony of the third degree, 3165
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 3166
and must be removed from office and a vacancy declared. 3167
5. The association shall maintain an adequate number of 3168
copies of the declaration, articles of incorporation, bylaws, 3169
and rules, and all amendments to each of the foregoing, as well 3170
as the question and answer sheet as described in s. 718.504 and 3171
year-end financial information required under this section, on 3172
the condominium property to ensure their availability to unit 3173
owners and prospective purchasers, and may charge its actual 3174
costs for preparing and furnishing these documents to those 3175
requesting the documents. An association shall allow a member or 3176
his or her authorized representative to use a por table device, 3177
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including a smartphone, tablet, portable scanner, or any other 3178
technology capable of scanning or taking photographs, to make an 3179
electronic copy of the official records in lieu of the 3180
association's providing the member or his or her authorized 3181
representative with a copy of such records. The association may 3182
not charge a member or his or her authorized representative for 3183
the use of a portable device. Notwithstanding this paragraph, 3184
the following records are not accessible to unit owners: 3185
a. Any record protected by the lawyer -client privilege as 3186
described in s. 90.502 and any record protected by the work -3187
product privilege, including a record prepared by an association 3188
attorney or prepared at the attorney's express direction, which 3189
reflects a mental impression, conclusion, litigation strategy, 3190
or legal theory of the attorney or the association, and which 3191
was prepared exclusively for civil or criminal litigation or for 3192
adversarial administrative proceedings, or which was prepared in 3193
anticipation of such litigation or proceedings until the 3194
conclusion of the litigation or proceedings. 3195
b. Information obtained by an association in connection 3196
with the approval of the lease, sale, or other transfer of a 3197
unit. 3198
c. Personnel records of association or mana gement company 3199
employees, including, but not limited to, disciplinary, payroll, 3200
health, and insurance records. For purposes of this sub -3201
subparagraph, the term "personnel records" does not include 3202
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written employment agreements with an association employee o r 3203
management company, or budgetary or financial records that 3204
indicate the compensation paid to an association employee. 3205
d. Medical records of unit owners. 3206
e. Social security numbers, driver license numbers, credit 3207
card numbers, e-mail addresses, teleph one numbers, facsimile 3208
numbers, emergency contact information, addresses of a unit 3209
owner other than as provided to fulfill the association's notice 3210
requirements, and other personal identifying information of any 3211
person, excluding the person's name, unit de signation, mailing 3212
address, property address, and any address, e -mail address, or 3213
facsimile number provided to the association to fulfill the 3214
association's notice requirements. Notwithstanding the 3215
restrictions in this sub -subparagraph, an association may p rint 3216
and distribute to unit owners a directory containing the name, 3217
unit address, and all telephone numbers of each unit owner. 3218
However, an owner may exclude his or her telephone numbers from 3219
the directory by so requesting in writing to the association. An 3220
owner may consent in writing to the disclosure of other contact 3221
information described in this sub -subparagraph. The association 3222
is not liable for the inadvertent disclosure of information that 3223
is protected under this sub -subparagraph if the information is 3224
included in an official record of the association and is 3225
voluntarily provided by an owner and not requested by the 3226
association. 3227
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f. Electronic security measures that are used by the 3228
association to safeguard data, including passwords. 3229
g. The software and operating system used by the 3230
association which allow the manipulation of data, even if the 3231
owner owns a copy of the same software used by the association. 3232
The data is part of the official records of the association. 3233
h. All affirmative acknowledgments m ade pursuant to s. 3234
718.121(4)(c). 3235
(f) An outgoing board or committee member must relinquish 3236
all official records and property of the association in his or 3237
her possession or under his or her control to the incoming board 3238
within 5 days after the election. The division shall impose a 3239
civil penalty as set forth in s. 718.501(1)(e)6. 718.501(1)(d)6. 3240
against an outgoing board or committee member who willfully and 3241
knowingly fails to relinquish such records and property. 3242
Reviser's note.—Amended to correct cross -references to conform 3243
to the redesignation of s. 718.501(1)(d) as s. 3244
718.501(1)(e) by s. 21, ch. 2024 -244, Laws of Florida. 3245
Section 83. Paragraph (c) of subsection (4) of section 3246
719.108, Florida Statutes, is amended to read: 3247
719.108 Rents and assessm ents; liability; lien and 3248
priority; interest; collection; cooperative ownership. — 3249
(4) The association has a lien on each cooperative parcel 3250
for any unpaid rents and assessments, plus interest, and any 3251
administrative late fees. If authorized by the cooper ative 3252
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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
documents, the lien also secures reasonable attorney fees 3253
incurred by the association incident to the collection of the 3254
rents and assessments or enforcement of such lien. The lien is 3255
effective from and after recording a claim of lien in the public 3256
records in the county in which the cooperative parcel is located 3257
which states the description of the cooperative parcel, the name 3258
of the unit owner, the amount due, and the due dates. Except as 3259
otherwise provided in this chapter, a lien may not be filed by 3260
the association against a cooperative parcel until 45 days after 3261
the date on which a notice of intent to file a lien has been 3262
delivered to the owner. 3263
(c) By recording a notice in substantially the following 3264
form, a unit owner or the unit owner's agent or attorney may 3265
require the association to enforce a recorded claim of lien 3266
against his or her cooperative parcel: 3267
3268
NOTICE OF CONTEST OF LIEN 3269
3270
TO: ...(Name and address of association)... : 3271
3272
You are notified that the undersigned contests the 3273
claim of lien filed by you on ...., ...(year)..., and 3274
recorded in Official Records Book .... at Page ...., 3275
of the public records of .... County, Florida, and 3276
that the time within which you may file suit to 3277
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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
enforce your lien is limited to 90 days from the date 3278
of service of this notice. Executed this .... day of 3279
...., ...(year).... 3280
Signed: ...(Owner or Attorney)... 3281
3282
After notice of contest of lien has been recorded, the clerk of 3283
the circuit court shall mail a copy of the recorded notice to 3284
the association by certified mail, return receipt requested, at 3285
the address shown in the claim of lien or most recent amendment 3286
to it and shall certify to the service on the face of the 3287
notice. Service is complete upon mail ing. After service, the 3288
association has 90 days in which to file an action to enforce 3289
the lien. If the action is not filed within the 90 -day period, 3290
the lien is void. However, the 90 -day period shall be extended 3291
for any length of time during which the asso ciation is prevented 3292
from filing its action because of an automatic stay resulting 3293
from the filing of a bankruptcy petition by the unit owner or by 3294
any other person claiming an interest in the parcel. 3295
Reviser's note.—Amended to remove extraneous punctuatio n. 3296
Section 84. Subsection (1) of section 720.303, Florida 3297
Statutes, is amended to read: 3298
720.303 Association powers and duties; meetings of board; 3299
official records; budgets; financial reporting; association 3300
funds; recalls.— 3301
(1) POWERS AND DUTIES. —An association that operates a 3302
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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
community as defined in s. 720.301 must be operated by an 3303
association that is a Florida corporation. After October 1, 3304
1995, the association must be incorporated and the initial 3305
governing documents must be recorded in the offici al records of 3306
the county in which the community is located. An association may 3307
operate more than one community. The officers and directors of 3308
an association are subject to s. 617.0830 and have a fiduciary 3309
relationship to the members who are served by the a ssociation. 3310
The powers and duties of an association include those set forth 3311
in this chapter and, except as expressly limited or restricted 3312
in this chapter, those set forth in the governing documents. 3313
After control of the association is obtained by members other 3314
than the developer, the association may institute, maintain, 3315
settle, or appeal actions or hearings in its name on behalf of 3316
all members concerning matters of common interest to the 3317
members, including, but not limited to, the common areas; roof 3318
or structural components of a building, or other improvements 3319
for which the association is responsible; mechanical, 3320
electrical, or plumbing elements serving an improvement or 3321
building for which the association is responsible; 3322
representations of the developer per taining to any existing or 3323
proposed commonly used facility; and protest of protesting ad 3324
valorem taxes on commonly used facilities. The association may 3325
defend actions in eminent domain or bring inverse condemnation 3326
actions. Before commencing litigation aga inst any party in the 3327
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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
name of the association involving amounts in controversy in 3328
excess of $100,000, the association must obtain the affirmative 3329
approval of a majority of the voting interests at a meeting of 3330
the membership at which a quorum has been attai ned. This 3331
subsection does not limit any statutory or common -law right of 3332
any individual member or class of members to bring any action 3333
without participation by the association. A member does not have 3334
authority to act for the association by virtue of being a 3335
member. An association may have more than one class of members 3336
and may issue membership certificates. An association of 15 or 3337
fewer parcel owners may enforce only the requirements of those 3338
deed restrictions established prior to the purchase of each 3339
parcel upon an affected parcel owner or owners. 3340
Reviser's note.—Amended to improve clarity. 3341
Section 85. Paragraph (a) of subsection (1) of section 3342
720.3033, Florida Statutes, is amended to read: 3343
720.3033 Officers and directors. — 3344
(1)(a) Within 90 days af ter being elected or appointed to 3345
the board, each director must submit a certificate of having 3346
satisfactorily completed the educational curriculum administered 3347
by a department-approved education provider. 3348
1. The newly elected or appointed director must c omplete 3349
the department-approved education for newly elected or appointed 3350
directors within 90 days after being elected or appointed. 3351
2. The certificate of completion is valid for a up to 4 3352
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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
years. 3353
3. A director must complete the education specific to 3354
newly elected or appointed directors at least every 4 years. 3355
4. The department-approved educational curriculum specific 3356
to newly elected or appointed directors must include training 3357
relating to financial literacy and transparency, recordkeeping, 3358
levying of fines, and notice and meeting requirements. 3359
5. In addition to the educational curriculum specific to 3360
newly elected or appointed directors: 3361
a. A director of an association that has fewer than 2,500 3362
parcels must complete at least 4 hours of continuing ed ucation 3363
annually. 3364
b. A director of an association that has 2,500 parcels or 3365
more must complete at least 8 hours of continuing education 3366
annually. 3367
Reviser's note.—Amended to confirm an editorial deletion to 3368
improve clarity. 3369
Section 86. Paragraph (d) o f subsection (3) of section 3370
720.3075, Florida Statutes, is amended to read: 3371
720.3075 Prohibited clauses in association documents. — 3372
(3) Homeowners' association documents, including 3373
declarations of covenants, articles of incorporation, or bylaws, 3374
may not preclude: 3375
(d) A property owner or a tenant, a guest, or an invitee 3376
of the property owner from parking his or her personal vehicle, 3377
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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
including a pickup truck, in the property owner's driveway, or 3378
in any other area in at which the property owner or the property 3379
owner's tenant, guest, or invitee has a right to park as 3380
governed by state, county, and municipal regulations. The 3381
homeowners' association documents, including declarations of 3382
covenants, articles of incorporation, or bylaws, may not 3383
prohibit, regardless of any official insignia or visible 3384
designation, a property owner or a tenant, a guest, or an 3385
invitee of the property owner from parking his or her work 3386
vehicle, which is not a commercial motor vehicle as defined in 3387
s. 320.01(25), in the property owner's driveway. 3388
Reviser's note.—Amended to confirm an editorial substitution to 3389
conform to context. 3390
Section 87. Subsection (3) of section 738.505, Florida 3391
Statutes, is amended to read: 3392
738.505 Reimbursement of principal from income. — 3393
(3) If an asset whose ownership gives rise to a principal 3394
disbursement becomes subject to a successive interest after an 3395
income interest ends, the fiduciary may to make transfers under 3396
subsection (1). 3397
Reviser's note.—Amended to confirm an editorial deletion to 3398
improve clarity. 3399
Section 88. Paragraph (a) of subsection (1) of section 3400
812.141, Florida Statutes, is amended to read: 3401
812.141 Offenses involving critical infrastructure; 3402
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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
improper tampering; civil remedies; trespass on critical 3403
infrastructure; computer offenses involving critical 3404
infrastructure.— 3405
(1) For purposes of this section, the term: 3406
(a) "Critical infrastructure" means: 3407
1. Any linear asset; or 3408
2. Any of the following for which the owner or operator 3409
thereof has employed measures designed to exclude unauthorized 3410
persons, including, but not limited to, fences, barriers, guard 3411
posts, or signs prohibiting trespass: 3412
a. An electric power generation, transmission, or 3413
distribution facility, or a substation, a switc hing station, or 3414
an electrical control center. 3415
b. A chemical or rubber manufacturing or storage facility. 3416
c. A mining facility. 3417
d. A natural gas or compressed gas compressor station or 3418
storage facility. 3419
e. A gas processing plant, including a plant used in the 3420
processing, treatment, or fractionation of natural gas. 3421
f. A liquid natural gas or propane gas terminal or storage 3422
facility with a capacity of 4,000 gallons or more. 3423
g. A wireless or wired communications facility, including 3424
the tower, antennas antennae, support structures, and all 3425
associated ground-based equipment. 3426
h. A water intake structure, water treatment facility, 3427
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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
wastewater treatment plant, pump station, or lift station. 3428
i. A seaport listed in s. 311.09. 3429
j. A railroad switching y ard, trucking terminal, or other 3430
freight transportation facility. 3431
k. An airport as defined in s. 330.27. 3432
l. A spaceport territory as defined in s. 331.303. 3433
m. A transmission facility used by a federally licensed 3434
radio or television station. 3435
n. A military base or military facility conducting 3436
research and development of military weapons systems, 3437
subsystems, components, or parts. 3438
o. A civilian defense industrial base conducting research 3439
and development of military weapons systems, subsystems, 3440
components, or parts. 3441
p. A dam as defined in s. 373.403(1), or other water 3442
control structures such as locks, floodgates, or dikes that are 3443
designed to maintain or control the level of navigable 3444
waterways. 3445
Reviser's note.—Amended to conform to the general usage of 3446
"antennas" when referencing transducers and "antennae" when 3447
referencing insect parts. 3448
Section 89. Paragraph (b) of subsection (1) of section 3449
828.30, Florida Statutes, is amended to read: 3450
828.30 Rabies vaccination of dogs, cats, and ferrets. — 3451
(1) 3452
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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
(b) Acting under the indirect supervision of a 3453
veterinarian, an employee, an agent, or a contractor of a county 3454
or municipal animal control authority or sheriff may vaccinate 3455
against rabies dogs, cats, and ferrets that are in the custody 3456
of an animal control authority or a sheriff and which that will 3457
be transferred, rescued, fostered, adopted, or reclaimed by the 3458
owner. The supervising veterinarian assumes responsibility for 3459
any person vaccinating animals at his or her direction or under 3460
his or her direct or indirect supervision. As used in this 3461
paragraph, the term "indirect supervision" means that the 3462
supervising veterinarian is required to be available for 3463
consultation through telecommunications but is not required to 3464
be physically present during such co nsultation. 3465
Reviser's note.—Amended to confirm an editorial insertion and an 3466
editorial substitution to improve clarity. 3467
Section 90. Subsection (8) of section 895.02, Florida 3468
Statutes, as amended by section 12 of chapter 2025 -1, Laws of 3469
Florida, is reenacted to read: 3470
895.02 Definitions. —As used in ss. 895.01 -895.08, the 3471
term: 3472
(8) "Racketeering activity" means to commit, to attempt to 3473
commit, to conspire to commit, or to solicit, coerce, or 3474
intimidate another person to commit: 3475
(a) Any crime that is chargeable by petition, indictment, 3476
or information under the following provisions of the Florida 3477
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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
Statutes: 3478
1. Section 104.155(2), relating to aiding or soliciting a 3479
noncitizen in voting. 3480
2. Section 210.18, relating to evasion of payment of 3481
cigarette taxes. 3482
3. Section 316.1935, relating to fleeing or attempting to 3483
elude a law enforcement officer and aggravated fleeing or 3484
eluding. 3485
4. Chapter 379, relating to the illegal sale, purchase, 3486
collection, harvest, capture, or possession of wild animal life, 3487
freshwater aquatic life, or marine life, and related crimes. 3488
5. Section 403.727(3)(b), relating to environmental 3489
control. 3490
6. Section 409.920 or s. 409.9201, relating to Medicaid 3491
fraud. 3492
7. Section 414.39, relating to public assistance fraud. 3493
8. Section 440.105 or s. 440.106, relating to workers' 3494
compensation. 3495
9. Section 443.071(4), relating to creation of a 3496
fictitious employer scheme to commit reemployment assistance 3497
fraud. 3498
10. Section 465.0161, relating to distribution of 3499
medicinal drugs without a permit as an Internet pharmacy. 3500
11. Section 499.0051, relating to crimes involving 3501
contraband, adulterated, or misbranded drugs. 3502
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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
12. Part IV of chapter 501, relating to telemarketing. 3503
13. Chapter 517, relating to sale of securities and 3504
investor protection. 3505
14. Section 550.235 or s. 550.3551, relating to dogracing 3506
and horseracing. 3507
15. Chapter 550, relating to jai alai frontons. 3508
16. Section 551.109, relating to slot machine gaming. 3509
17. Chapter 552, relating to the manufacture, 3510
distribution, and use of explosives. 3511
18. Chapter 560, relating to money transmitters, if the 3512
violation is punishable as a felony. 3513
19. Chapter 562, relating to beverage law enforcement. 3514
20. Section 624.401, relating to transacting insurance 3515
without a certificate of authority, s. 624.437(4)(c)1., relating 3516
to operating an unauthorized multiple -employer welfare 3517
arrangement, or s. 626.902(1)(b), relating to representing or 3518
aiding an unauthorized insurer. 3519
21. Section 655.50, relating to reports of currency 3520
transactions, when such violation is punishable as a felony. 3521
22. Chapter 687, relating to interest and usurious 3522
practices. 3523
23. Section 721.08, s. 721.09, or s. 721.13, relating to 3524
real estate timeshare plans. 3525
24. Section 775.13(5)(b), relating to registration of 3526
persons found to have committed any offense for the purpose of 3527
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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
benefiting, promoting, or furthering the interests of a criminal 3528
gang. 3529
25. Section 777.03, relating to commission of crimes by 3530
accessories after the fact. 3531
26. Chapter 782, relating to homi cide. 3532
27. Chapter 784, relating to assault and battery. 3533
28. Chapter 787, relating to kidnapping, human smuggling, 3534
or human trafficking. 3535
29. Chapter 790, relating to weapons and firearms. 3536
30. Chapter 794, relating to sexual battery, but only if 3537
such crime was committed with the intent to benefit, promote, or 3538
further the interests of a criminal gang, or for the purpose of 3539
increasing a criminal gang member's own standing or position 3540
within a criminal gang. 3541
31. Former s. 796.03, former s. 796.035, s. 796.04, s. 3542
796.05, or s. 796.07, relating to prostitution. 3543
32. Chapter 806, relating to arson and criminal mischief. 3544
33. Chapter 810, relating to burglary and trespass. 3545
34. Chapter 812, relating to theft, robbery, and related 3546
crimes. 3547
35. Chapter 815, relating to computer -related crimes. 3548
36. Chapter 817, relating to fraudulent practices, false 3549
pretenses, fraud generally, credit card crimes, and patient 3550
brokering. 3551
37. Chapter 825, relating to abuse, neglect, or 3552
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exploitation of an elderly person or disabled adult. 3553
38. Section 827.071, relating to commercial sexual 3554
exploitation of children. 3555
39. Section 828.122, relating to fighting or baiting 3556
animals. 3557
40. Chapter 831, relating to forgery and counterfeiting. 3558
41. Chapter 832, relating to issuan ce of worthless checks 3559
and drafts. 3560
42. Section 836.05, relating to extortion. 3561
43. Chapter 837, relating to perjury. 3562
44. Chapter 838, relating to bribery and misuse of public 3563
office. 3564
45. Chapter 843, relating to obstruction of justice. 3565
46. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 3566
s. 847.07, relating to obscene literature and profanity. 3567
47. Chapter 849, relating to gambling, lottery, gambling 3568
or gaming devices, slot machines, or any of the provisions 3569
within that chapter. 3570
48. Chapter 874, relating to criminal gangs. 3571
49. Chapter 893, relating to drug abuse prevention and 3572
control. 3573
50. Chapter 896, relating to offenses related to financial 3574
transactions. 3575
51. Sections 914.22 and 914.23, relating to tampering with 3576
or harassing a witness, victim, or informant, and retaliation 3577
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against a witness, victim, or informant. 3578
52. Sections 918.12 and 918.13, relating to tampering with 3579
jurors and evidence. 3580
(b) Any conduct defined as "racketeering activity" under 3581
18 U.S.C. s. 1961(1). 3582
(c) Any violation of Title 68, Florida Administrative 3583
Code, relating to the illegal sale, purchase, collection, 3584
harvest, capture, or possession of wild animal life, freshwater 3585
aquatic life, or marine life, and related crimes. 3586
Reviser's note.—Section 12, ch. 2025 -1, Laws of Florida, 3587
purported to amend subsection (8), without publishing 3588
paragraphs (b) and (c). Absent affirmative evidence of 3589
legislative intent to repeal the omitted paragraphs, 3590
subsection (8) is reenacted here to confirm that the 3591
omission was not inte nded. 3592
Section 91. Paragraph (e) of subsection (3) of section 3593
921.0022, Florida Statutes, is amended to read: 3594
921.0022 Criminal Punishment Code; offense severity 3595
ranking chart.— 3596
(3) OFFENSE SEVERITY RANKING CHART 3597
(e) LEVEL 5 3598
3599
Florida
Statute
Felony
Degree Description
3600
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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
316.027(2)(a) 3rd Accidents involving
personal injuries
other than serious
bodily injury, failure
to stop; leaving
scene.
3601
316.1935(4)(a) 2nd Aggravated fleeing or
eluding.
3602
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
3603
322.34(6) 3rd Careless operation of
motor vehicle with
suspended license,
resulting in death or
serious bodily injury.
3604
327.30(5) 3rd Vessel accidents
involving personal
injury; leaving scene.
3605
379.365(2)(c)1. 3rd Violation of rules relating
to: willful molestation of
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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
stone crab traps, lines, or
buoys; illegal bartering,
trading, or sale,
conspiring or aiding in
such barter, trade, or
sale, or supplying,
agreeing to supply, aiding
in supplying, or giving
away stone crab trap tags
or certificates; making,
altering, forging,
counterfeiting, or
reproducing stone crab trap
tags; possession of forged,
counterfeit, or imitation
stone crab trap tags; and
engaging in the commercial
harvest of stone crabs
while license is sus pended
or revoked.
3606
379.367(4) 3rd Willful molestation of a
commercial harvester's
spiny lobster trap, line,
or buoy.
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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
3607
379.407(5)(b)3. 3rd Possession of 100 or
more undersized spiny
lobsters.
3608
381.0041(11)(b) 3rd Donate blood,
plasma, or organs
knowing HIV
positive.
3609
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
3610
440.105(5) 2nd Unlawful solicitation for
the purpose of making
workers' compensation
claims.
3611
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose
of avoiding or reducing
workers' compensation
premiums.
3612
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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
624.401(4)(b)2. 2nd Transacting insurance
without a certificate
or authority; premium
collected $20,000 or
more but less than
$100,000.
3613
626.902(1)(c) 2nd Representing an
unauthorized insurer;
repeat offender.
3614
790.01(3) 3rd Unlawful carrying of a
concealed firearm.
3615
790.162 2nd Threat to throw or discharge
destructive device.
3616
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of
firearms in violent manner.
3617
790.221(1) 2nd Possession of short-
barreled shotgun or
machine gun.
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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
3618
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
3619
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
3620
800.04(6)(c) 3rd Lewd or lascivious
conduct; offender less
than 18 years of age.
3621
800.04(7)(b) 2nd Lewd or lascivious
exhibition; offender 18
years of age or older.
3622
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with
intent to damage any
structure or property.
3623
810.145(4) 810.145(4)(c) 3rd Commercial digital voyeurism
dissemination.
3624
810.145(7)(a) 2nd Digital voyeurism; 2nd
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or subsequent offense.
3625
810.145(8)(a) 2nd Digital voyeurism;
certain minor victims.
3626
812.014(2)(d)3. 2nd Grand theft, 2nd degree;
theft from 20 or more
dwellings or their
unenclosed curtilage, or
any combination.
3627
812.0145(2)(b) 2nd Theft from person
65 years of age or
older; $10,000 or
more but less than
$50,000.
3628
812.015
(8)(a) & (c)-(e)
3rd Retail theft; property
stolen is valued at $750 or
more and one or more
specified acts.
3629
812.015(8)(f) 3rd Retail theft; multiple
thefts within
specified period.
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3630
812.015(8)(g) 3rd Retail theft;
committed with
specified number of
other persons.
3631
812.019(1) 2nd Stolen property; dealing in
or trafficking in.
3632
812.081(3) 2nd Trafficking in trade
secrets.
3633
812.131(2)(b) 3rd Robbery by sudden
snatching.
3634
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
3635
817.034(4)(a)2. 2nd Communications fraud,
value $20,000 to $50,000.
3636
817.234(11)(b) 2nd Insurance fraud;
property value
$20,000 or more but
less than $100,000.
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3637
817.2341(1),
(2)(a) & (3)(a)
3rd Filing false financial
statements, making false
entries of material fact
or false statements
regarding property values
relating to the solvency
of an insuring entity.
3638
817.568(2)(b) 2nd Fraudulent use of personal
identification information;
value of benefit, services
received, payment avoided,
or amount of injury or
fraud, $5,000 or more or use
of personal identification
information of 10 or more
persons.
3639
817.611(2)(a) 2nd Traffic in or possess 5
to 14 counterfeit credit
cards or related
documents.
3640
817.625(2)(b) 2nd Second or subsequent
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fraudulent use of
scanning device,
skimming device, or
reencoder.
3641
825.1025(4) 3rd Lewd or lascivious
exhibition in the
presence of an elderly
person or disabled adult.
3642
828.12(2) 3rd Tortures any animal with
intent to inflict
intense pain, serious
physical injury, or
death.
3643
836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
identifiable person without
consent.
3644
839.13(2)(b) 2nd Falsifying records of an
individual in the care
and custody of a state
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agency involving great
bodily harm or death.
3645
843.01(1) 3rd Resist officer with
violence to person;
resist arrest with
violence.
3646
847.0135(5)(b) 2nd Lewd or lascivious
exhibition using
computer; offender 18
years or older.
3647
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
3648
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
3649
874.05(1)(b) 2nd Encouraging or recruiting
another to join a
criminal gang; second or
subsequent offense.
3650
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874.05(2)(a) 2nd Encouraging or recruitin g
person under 13 years of
age to join a criminal
gang.
3651
893.13(1)(a)1. 2nd Sell, manufacture, or
deliver cocaine (or other
s. 893.03(1)(a), (1)(b),
(1)(d), (2)(a), (2)(b), or
(2)(c)5. drugs).
3652
893.13(1)(c)2. 2nd Sell, manufacture, or
deliver cannabis (or other
s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3.,
(2)(c)6., (2)(c)7.,
(2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4)
drugs) within 1,000 feet
of a child care facility,
school, or state, county,
or municipal park or
publicly owned
recreational facility o r
community center.
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3653
893.13(1)(d)1. 1st Sell, manufacture, or
deliver cocaine (or other
s. 893.03(1)(a), (1)(b),
(1)(d), (2)(a), (2)(b), or
(2)(c)5. drugs) within
1,000 feet of university.
3654
893.13(1)(e)2. 2nd Sell, manufacture, or
deliver cannabis or oth er
drug prohibited under s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3.,
(2)(c)6., (2)(c)7.,
(2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4)
within 1,000 feet of
property used for
religious services or a
specified business site.
3655
893.13(1)(f)1. 1st Sell, manufacture, or
deliver cocaine (or other
s. 893.03(1)(a), (1)(b),
(1)(d), or (2)(a), (2)(b),
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or (2)(c)5. drugs) within
1,000 feet of public
housing facility.
3656
893.13(4)(b) 2nd Use or hire of minor;
deliver to minor other
controlled substance.
3657
893.1351(1) 3rd Ownership, lease, or rental
for trafficking in or
manufacturing of controlled
substance.
3658
Reviser's note.—Amended to correct a cross -reference to conform 3659
to the redesignation by the editors of s. 810.145(4)(c) as 3660
a reversion. 3661
Section 92. Subsection (2) of section 938.10, Florida 3662
Statutes, is amended to read: 3663
938.10 Additional court cost imposed in cases of certain 3664
crimes.— 3665
(2) Each month the clerk of the court shall transfer $50 3666
from the proceeds of the court cost to the Department o f Revenue 3667
for deposit into the Department of Children and Families' Grants 3668
and Donations Trust Fund for disbursement to the Statewide 3669
Guardian ad Litem Office Office of the Statewide Guardian Ad 3670
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Litem and $100 to the Department of Revenue for deposit into the 3671
Department of Children and Families' Grants and Donations Trust 3672
Fund for disbursement to the Florida Network of Children's 3673
Advocacy Centers, Inc., for the purpose of funding children's 3674
advocacy centers that are members of the network. The clerk 3675
shall retain $1 from each sum collected as a service charge. 3676
Reviser's note.—Amended to confirm an editorial substitution to 3677
conform to the correct name of the office. 3678
Section 93. Paragraph (d) of subsection (7) of section 3679
985.433, Florida Statutes, is amende d to read: 3680
985.433 Disposition hearings in delinquency cases. —When a 3681
child has been found to have committed a delinquent act, the 3682
following procedures shall be applicable to the disposition of 3683
the case: 3684
(7) If the court determines that the child should be 3685
adjudicated as having committed a delinquent act and should be 3686
committed to the department, such determination shall be in 3687
writing or on the record of the hearing. The determination shall 3688
include a specific finding of the reasons for the decision to 3689
adjudicate and to commit the child to the department, including 3690
any determination that the child was a member of a criminal 3691
gang. 3692
(d) Any child adjudicated by the court and committed to 3693
the department under a restrictiveness level described in s. 3694
985.03(44)(a)-(c) 985.03(44)(a)-(d) for any offense or attempted 3695
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offense involving a firearm must be placed on conditional 3696
release, as defined in s. 985.03, for a period of 1 year 3697
following his or her release from a commitment program. Such 3698
term of conditional rele ase shall include electronic monitoring 3699
of the child by the department for the initial 6 months 3700
following his or her release and at times and under terms and 3701
conditions set by the department. 3702
Reviser's note.—Amended to correct a cross -reference. Section 9, 3703
ch. 2024-133, Laws of Florida, deleted s. 985.03(44)(a) and 3704
redesignated paragraphs (b) -(d) as paragraphs (a) -(c). 3705
Section 94. Paragraph (c) of subsection (2) of section 3706
1001.372, Florida Statutes, is amended to read: 3707
1001.372 District school board meetings.— 3708
(2) PLACE OF MEETINGS. — 3709
(c) For the purpose of this section, due public notice 3710
shall consist of, at least 2 days prior to the meeting: 3711
continuous publication on a publicly accessible website as 3712
provided in s. 50.0311 or the official district school board 3713
website; by publication in a newspaper of general circulation in 3714
the county, or in each county where there is no newspaper of 3715
general circulation in the county, an announcement over at least 3716
one radio station whose signal is generally receive d in the 3717
county, a reasonable number of times daily during the 48 hours 3718
immediately preceding the date of such meeting; or by posting a 3719
notice at the courthouse door if no newspaper is published in 3720
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the county. 3721
Reviser's note.—Amended to confirm editorial d eletions to 3722
conform to context. 3723
Section 95. Subsection (3) of section 1001.47, Florida 3724
Statutes, is amended to read: 3725
1001.47 District school superintendent; salary. — 3726
(3) The adjusted base salaries of elected district school 3727
superintendents shall be increased annually as provided for in 3728
s. 145.19. Any salary previously paid to elected 3729
superintendents, including the salary calculated for fiscal 3730
years 2002-2003 and 2003-2004, which was consistent with chapter 3731
145 and s. 230.303, Florida Statutes (2001) , is hereby ratified 3732
and validated. 3733
Reviser's note.—Amended to delete obsolete language. 3734
Section 96. Subsection (9) of section 1001.706, Florida 3735
Statutes, is amended to read: 3736
1001.706 Powers and duties of the Board of Governors. — 3737
(9) COOPERATION WITH OTHER BOARDS. —The Board of Governors 3738
shall implement a plan for working on a regular basis with the 3739
State Board of Education, the Commission for Independent 3740
Education, the Office of Reimagining Education and Career Help 3741
Florida Talent Development Council, the Articulation 3742
Coordinating Committee, the university boards of trustees, 3743
representatives of the Florida College System institution boards 3744
of trustees, representatives of the private colleges and 3745
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universities, and representatives of the district school boards 3746
to achieve a seamless education system. 3747
Reviser's note.—Amended to conform to the fact that s. 1004.015, 3748
which created the Florida Talent Development Council, was 3749
repealed by s. 9, ch. 2024 -125, Laws of Florida. The duties 3750
of the former Florida Talent Development Council now fall 3751
under the purview of the Office of Reimagining Education 3752
and Career Help per the revision of its duties by s. 1, ch. 3753
2024-125. 3754
Section 97. Paragraph (b) of subsection (17) of section 3755
1002.33, Florida Statutes, is amended to read: 3756
1002.33 Charter schools. — 3757
(17) FUNDING.—Students enrolled in a charter school, 3758
regardless of the sponsorship, shall be funded based upon the 3759
applicable program pursuant to s. 1011.62(1)(c), the same as 3760
students enrolled in other public schools in a school district. 3761
Funding for a charter lab school shall be as provided in s. 3762
1002.32. 3763
(b)1. Funding for students enrolled in a charter school 3764
sponsored by a school district shall be the sum of the school 3765
district's operating f unds from the Florida Education Finance 3766
Program as defined in s. 1011.61(5) and the General 3767
Appropriations Act, including gross state and local funds, and 3768
funds from the school district's current operating discretionary 3769
millage levy; divided by total funde d weighted full-time 3770
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equivalent students in the school district; and multiplied by 3771
the weighted full-time equivalent students for the charter 3772
school. Charter schools whose students or programs meet the 3773
eligibility criteria in law are entitled to their prop ortionate 3774
share of categorical program funds included in the total funds 3775
available in the Florida Education Finance Program by the 3776
Legislature, including the student transportation allocation and 3777
the educational enrichment allocation. Total funding for eac h 3778
charter school shall be recalculated during the year to reflect 3779
the revised calculations under the Florida Education Finance 3780
Program by the state and the actual weighted full -time 3781
equivalent students reported by the charter school during the 3782
full-time equivalent student survey periods designated by the 3783
Commissioner of Education. For charter schools operated by a 3784
not-for-profit or municipal entity, any unrestricted current and 3785
capital assets identified in the charter school's annual 3786
financial audit may be used for other charter schools operated 3787
by the not-for-profit or municipal entity within the school 3788
district. For charter schools operated by a not -for-profit 3789
entity, any unrestricted current or capital assets identified in 3790
the charter school's annual audi t may be used for other charter 3791
schools operated by the not -for-profit entity which are located 3792
outside of the originating charter school's school district, but 3793
within the state, through an unforgivable loan that must be 3794
repaid within 5 years to the origin ating charter school by the 3795
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receiving charter school. Unrestricted current assets shall be 3796
used in accordance with s. 1011.62, and any unrestricted capital 3797
assets shall be used in accordance with s. 1013.62(2). 3798
2.a. Funding for students enrolled in a cha rter school 3799
sponsored by a state university or Florida College System 3800
institution pursuant to paragraph (5)(a) shall be provided in 3801
the Florida Education Finance Program as defined in s. 3802
1011.61(5) and as specified in the General Appropriations Act. 3803
The calculation to determine the amount of state funds includes 3804
the sum of the basic amount for current operations established 3805
in s. 1011.62(1)(s), the discretionary millage compression 3806
supplement established in s. 1011.62(5), and the state -funded 3807
discretionary contribution established in s. 1011.62(6). Charter 3808
schools whose students or programs meet the eligibility criteria 3809
in law are entitled to their proportionate share of categorical 3810
program funds included in the total funds available in the 3811
Florida Education Finance Program. The Florida College System 3812
institution or state university sponsoring the charter school 3813
shall be the fiscal agent for these funds, and all rules of the 3814
institution governing the budgeting and expenditure of state 3815
funds shall apply to the se funds unless otherwise provided by 3816
law or rule of the State Board of Education. 3817
(I) The nonvoted required local millage established 3818
pursuant to s. 1011.71(1) that would otherwise be required for 3819
the charter schools shall be allocated from state funds. 3820
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(II) An equivalent amount of funds for the operating 3821
discretionary millage authorized pursuant to s. 1011.71(1) shall 3822
be allocated to each charter school through a state -funded 3823
discretionary contribution established pursuant to s. 3824
1011.62(6). 3825
(III) The comparable wage factor as provided in s. 3826
1011.62(2) shall be established as 1.000. 3827
b. Total funding for each charter school shall be 3828
recalculated during the year to reflect the revised calculations 3829
under the Florida Education Finance Program by the sta te and the 3830
actual weighted full -time equivalent students reported by the 3831
charter school during the full -time equivalent student survey 3832
periods designated by the Commissioner of Education. 3833
c. The Department of Education shall develop a tool that 3834
each state university or Florida College System institution 3835
sponsoring a charter school shall use for purposes of 3836
calculating the funding amount for each eligible charter school 3837
student. The total amount obtained from the calculation must be 3838
appropriated from state funds in the General Appropriations Act 3839
to the charter school. 3840
d. Capital outlay funding for a charter school sponsored 3841
by a state university or Florida College System institution 3842
pursuant to paragraph (5)(a) is determined as follows: multiply 3843
the maximum allowable nonvoted discretionary millage under s. 3844
1011.71(2) by 96 percent of the current year's taxable value for 3845
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school purposes for the district in which the charter school is 3846
located; divide the result by the total full -time equivalent 3847
student membership; and multiply the result by the full -time 3848
equivalent student membership of the charter school. The amount 3849
obtained shall be the discretionary capital improvement funds 3850
and shall be appropriated from state funds in the General 3851
Appropriations Act. 3852
Reviser's note.—Amended to confirm an editorial insertion to 3853
improve clarity. 3854
Section 98. Paragraph (c) of subsection (6), paragraph (b) 3855
of subsection (9), and paragraph (b) of subsection (10) of 3856
section 1002.394, Florida Statutes, are amended to read: 3857
1002.394 The Family Empowerment Scholarship Program. — 3858
(6) SCHOLARSHIP PROHIBITIONS. —A student is not eligible 3859
for a Family Empowerment Scholarship while he or she is: 3860
(c) Receiving any other educational scholarship pursuant 3861
to this chapter. However, an eligible public school student 3862
receiving a scholarship under s. 1002.411 may receive a stipend 3863
scholarship for transportation pursuant to s. 1002.31(7) 3864
subparagraph (4)(a)2. ; 3865
(9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —To be 3866
eligible to participate in the Family Empowerment Scholarship 3867
Program, a private school may be sectarian or nonsectarian and 3868
must: 3869
(b) Provide to the organization all documentation required 3870
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for a student's participation, including confirmation of the 3871
student's admission to the private school, the private school's 3872
and student's fee schedules, and any other information required 3873
by the organization to process scholarship payment under 3874
subparagraph (12)(a)3. (12)(a)4. Such information must be 3875
provided by the deadlines established by the organization and in 3876
accordance with the requirements of this section. A student is 3877
not eligible to receive a quarterly scholarship payment if the 3878
private school fails to meet the deadline. 3879
3880
If a private school fails to meet the requirements of this 3881
subsection or s. 1002.421, the commissioner may determine that 3882
the private school is ineligible to participate in the 3883
scholarship program. 3884
(10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 3885
PARTICIPATION.— 3886
(b) A parent who applies for a scholarship und er paragraph 3887
(3)(b) is exercising his or her parental option to determine the 3888
appropriate placement or the services that best meet the needs 3889
of his or her child and must: 3890
1. Apply to an eligible nonprofit scholarship -funding 3891
organization to participate i n the program by a date set by the 3892
organization. The request must be communicated directly to the 3893
organization in a manner that creates a written or electronic 3894
record of the request and the date of receipt of the request. 3895
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2.a. Beginning with new applicat ions for the 2025-2026 3896
school year and thereafter, notify the organization by December 3897
15 that the scholarship is being accepted or declined. 3898
b. Beginning with renewal applications for the 2025 -2026 3899
school year and thereafter, notify the organization by May 31 3900
that the scholarship is being renewed or declined. 3901
3. Sign an agreement with the organization and annually 3902
submit a sworn compliance statement to the organization to 3903
satisfy or maintain program eligibility, including eligibility 3904
to receive and spend program payments by: 3905
a. Affirming that the student is enrolled in a program 3906
that meets regular school attendance requirements as provided in 3907
s. 1003.01(16)(b), (c), or (d). 3908
b. Affirming that the program funds are used only for 3909
authorized purposes se rving the student's educational needs, as 3910
described in paragraph (4)(b); that any prepaid college plan or 3911
college savings plan funds contributed pursuant to subparagraph 3912
(4)(b)6. will not be transferred to another beneficiary while 3913
the plan contains funds contributed pursuant to this section; 3914
and that they will not receive a payment, refund, or rebate of 3915
any funds provided under this section. 3916
c. Affirming that the parent is responsible for all 3917
eligible expenses in excess of the amount of the scholarship a nd 3918
for the education of his or her student by, as applicable: 3919
(I) Requiring the student to take an assessment in 3920
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accordance with paragraph (9)(c); 3921
(II) Providing an annual evaluation in accordance with s. 3922
1002.41(1)(f); or 3923
(III) Requiring the child t o take any preassessments and 3924
postassessments selected by the provider if the child is 4 years 3925
of age and is enrolled in a program provided by an eligible 3926
Voluntary Prekindergarten Education Program provider. A student 3927
with disabilities for whom the physic ian or psychologist who 3928
issued the diagnosis or the IEP team determines that a 3929
preassessment and postassessment is not appropriate is exempt 3930
from this requirement. A participating provider shall report a 3931
student's scores to the parent. 3932
d. Affirming that the student remains in good standing 3933
with the provider or school if those options are selected by the 3934
parent. 3935
e. Enrolling his or her child in a program from a 3936
Voluntary Prekindergarten Education Program provider authorized 3937
under s. 1002.55, a school rea diness provider authorized under 3938
s. 1002.88, a prekindergarten program offered by an eligible 3939
private school, or an eligible private school if selected by the 3940
parent. 3941
f. Comply with the scholarship application and renewal 3942
processes and requirements estab lished by the organization. A 3943
student whose participation in the program is not renewed may 3944
continue to spend scholarship funds that are in his or her 3945
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account from prior years unless the account must be closed 3946
pursuant to subparagraph (5)(b)3. Notwithstand ing any changes to 3947
the student's IEP, a student who was previously eligible for 3948
participation in the program shall remain eligible to apply for 3949
renewal. However, for a high -risk child to continue to 3950
participate in the program in the school year after he or she 3951
reaches 6 years of age, the child's application for renewal of 3952
program participation must contain documentation that the child 3953
has a disability defined in paragraph (2)(e) other than high -3954
risk status. 3955
g. Procuring the services necessary to educate t he 3956
student. If such services include enrollment in an eligible 3957
private school, the parent must meet with the private school's 3958
principal or the principal's designee to review the school's 3959
academic programs and policies, specialized services, code of 3960
student conduct, and attendance policies before his or her 3961
student is enrolled. The parent must also approve each payment 3962
to the eligible private school before the scholarship funds may 3963
be deposited by funds transfer pursuant to subparagraph 3964
(12)(a)3. (12)(a)4. The parent may not designate any entity or 3965
individual associated with the eligible private school as the 3966
parent's attorney in fact to approve a funds transfer. When the 3967
student receives a scholarship, the district school board is not 3968
obligated to provide th e student with a free appropriate public 3969
education. For purposes of s. 1003.57 and the Individuals with 3970
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Disabilities in Education Act, a participating student has only 3971
those rights that apply to all other unilaterally parentally 3972
placed students, except tha t, when requested by the parent, 3973
school district personnel must develop an IEP or matrix level of 3974
services. 3975
Reviser's note.—Paragraph (6)(c) is amended to facilitate 3976
correct interpretation and to correct a cross -reference. 3977
Section 6, ch. 2024-230, Laws of Florida, deleted 3978
subparagraph (4)(a)2., relating to program funds used for 3979
transportation to a Florida public school in which a 3980
student is enrolled and that is different from the school 3981
to which the student was assigned or to a lab school as 3982
defined in s. 1002.32; similar material relating to 3983
stipends for transportation can be found at s. 1002.31(7), 3984
created by s. 2, ch. 2024 -230. Paragraphs (9)(b) and 3985
(10)(b) are amended to conform to the redesignation of 3986
subparagraph (12)(a)4. as subparagraph (12)(a)3. by s. 6, 3987
ch. 2024-230. 3988
Section 99. Paragraph (b) of subsection (2), paragraph (c) 3989
of subsection (4), paragraph (l) of subsection (6), and 3990
paragraph (b) of subsection (7) of section 1002.395, Florida 3991
Statutes, are amended to read: 3992
1002.395 Florida Tax C redit Scholarship Program. — 3993
(2) DEFINITIONS.—As used in this section, the term: 3994
(b) "Choice navigator" means an individual who meets the 3995
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requirements of sub-subparagraph (6)(d)4.g. (6)(d)2.h. and who 3996
provides consultations, at a mutually agreed upon lo cation, on 3997
the selection of, application for, and enrollment in educational 3998
options addressing the academic needs of a student; curriculum 3999
selection; and advice on career and postsecondary education 4000
opportunities. However, nothing in this section authorize s a 4001
choice navigator to oversee or exercise control over the 4002
curricula or academic programs of a personalized education 4003
program. 4004
(4) SCHOLARSHIP PROHIBITIONS. —A student is not eligible 4005
for a scholarship while he or she is: 4006
(c) Receiving any other educa tional scholarship pursuant 4007
to this chapter. However, an eligible public school student 4008
receiving a scholarship under s. 1002.411 may receive a stipend 4009
scholarship for transportation pursuant to s. 1002.31(7) 4010
subparagraph (6)(d)4. ; 4011
(6) OBLIGATIONS OF ELI GIBLE NONPROFIT SCHOLARSHIP -FUNDING 4012
ORGANIZATIONS.—An eligible nonprofit scholarship -funding 4013
organization: 4014
(l)1. May use eligible contributions received pursuant to 4015
this section and ss. 212.099, 212.1831, and 212.1832 during the 4016
state fiscal year in whic h such contributions are collected for 4017
administrative expenses if the organization has operated as an 4018
eligible nonprofit scholarship -funding organization for at least 4019
the preceding 3 fiscal years and did not have any findings of 4020
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material weakness or materi al noncompliance in its most recent 4021
audit under paragraph (o) or is in good standing in each state 4022
in which it administers a scholarship program and the audited 4023
financial statements for the preceding 3 fiscal years are free 4024
of material misstatements and go ing concern issues. 4025
Administrative expenses from eligible contributions may not 4026
exceed 3 percent of the total amount of all scholarships and 4027
stipends funded by an eligible scholarship -funding organization 4028
under this chapter. Such administrative expenses mu st be 4029
reasonable and necessary for the organization's management and 4030
distribution of scholarships funded under this chapter. 4031
Administrative expenses may include developing or contracting 4032
with rideshare programs or facilitating carpool strategies for 4033
recipients of a transportation stipend scholarship under s. 4034
1002.31(7) 1002.394. No funds authorized under this subparagraph 4035
shall be used for lobbying or political activity or expenses 4036
related to lobbying or political activity. Up to one -third of 4037
the funds authorized for administrative expenses under this 4038
subparagraph may be used for expenses related to the recruitment 4039
of contributions from taxpayers. An eligible nonprofit 4040
scholarship-funding organization may not charge an application 4041
fee. 4042
2. Must expend for a nnual or partial-year scholarships 100 4043
percent of any eligible contributions from the prior fiscal 4044
year. 4045
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3. Must expend for annual or partial -year scholarships an 4046
amount equal to or greater than 75 percent of all net eligible 4047
contributions, as defined in subsection (2), remaining after 4048
administrative expenses during the state fiscal year in which 4049
such eligible contributions are collected. No more than 25 4050
percent of such net eligible contributions may be carried 4051
forward to the following state fiscal year. All amounts carried 4052
forward, for audit purposes, must be specifically identified for 4053
particular students, by student name and the name of the school 4054
to which the student is admitted, subject to the requirements of 4055
ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the 4056
applicable rules and regulations issued pursuant thereto. Any 4057
amounts carried forward shall be expended for annual or partial -4058
year scholarships in the following state fiscal year. Eligible 4059
contributions remaining on June 30 of each year that are in 4060
excess of the 25 percent that may be carried forward shall be 4061
used to provide scholarships to eligible students or transferred 4062
to other eligible nonprofit scholarship -funding organizations to 4063
provide scholarships for eligible students. All transfer red 4064
funds must be deposited by each eligible nonprofit scholarship -4065
funding organization receiving such funds into its scholarship 4066
account. All transferred amounts received by any eligible 4067
nonprofit scholarship -funding organization must be separately 4068
disclosed in the annual financial audit required under paragraph 4069
(o). 4070
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4. Must, before granting a scholarship for an academic 4071
year, document each scholarship student's eligibility for that 4072
academic year. A scholarship -funding organization may not grant 4073
multiyear scholarships in one approval process. 4074
4075
Information and documentation provided to the Department of 4076
Education and the Auditor General relating to the identity of a 4077
taxpayer that provides an eligible contribution under this 4078
section shall remain confidentia l at all times in accordance 4079
with s. 213.053. 4080
(7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 4081
PARTICIPATION.— 4082
(b) A parent whose student will not be enrolled full time 4083
in a public or private school must: 4084
1. Apply to an eligible nonprofit scholarship -funding 4085
organization to participate in the program as a personalized 4086
education student by a date set by the organization. The request 4087
must be communicated directly to the organization in a manner 4088
that creates a written or electronic record of the request and 4089
the date of receipt of the request. Beginning with new and 4090
renewal applications for the 2025 -2026 school year and 4091
thereafter, a parent must notify the organization by May 31 that 4092
the scholarship is being ac cepted, renewed, or declined. 4093
2. Sign an agreement with the organization and annually 4094
submit a sworn compliance statement to the organization to 4095
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satisfy or maintain program eligibility, including eligibility 4096
to receive and spend program payments, by: 4097
a. Affirming that the program funds are used only for 4098
authorized purposes serving the student's educational needs, as 4099
described in paragraph (6)(d), and that they will not receive a 4100
payment, refund, or rebate of any funds provided under this 4101
section. 4102
b. Affirming that the parent is responsible for all 4103
eligible expenses in excess of the amount of the scholarship and 4104
for the education of his or her student. 4105
c. Submitting a student learning plan to the organization 4106
and revising the plan at least annually be fore program renewal. 4107
d. Requiring his or her student to take a nationally norm -4108
referenced test identified by the Department of Education, or a 4109
statewide assessment under s. 1008.22, and provide assessment 4110
results to the organization before the student's program 4111
renewal. 4112
e. Complying with the scholarship application and renewal 4113
processes and requirements established by the organization. A 4114
student whose participation in the program is not renewed may 4115
continue to spend scholarship funds that are in his or her 4116
account from prior years unless the account must be closed 4117
pursuant to s. 1002.394(5)(a)2. 4118
f. Procuring the services necessary to educate the 4119
student. When the student receives a scholarship, the district 4120
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school board is not obligated to provide the student with a free 4121
appropriate public education. 4122
4123
For purposes of this paragraph, full -time enrollment does not 4124
include enrollment at a private school that addresses regular 4125
and direct contact with teachers through the student learning 4126
plan in accordance with s. 1002.421(1)(i). 4127
4128
An eligible nonprofit scholarship -funding organization may not 4129
further regulate, exercise control over, or require 4130
documentation beyond the requirements of this subsection unless 4131
the regulation, control, or documentation is necess ary for 4132
participation in the program. 4133
Reviser's note.—Paragraph (2)(b) is amended to confirm an 4134
editorial substitution to conform to the redesignation of 4135
subparagraph (6)(d)2. as subparagraph (6)(d)4. by s. 4, ch. 4136
2024-163, Laws of Florida, and the redesig nation of sub-4137
subparagraph h. of that subparagraph as sub -subparagraph g. 4138
by s. 7, ch. 2024-230, Laws of Florida. Paragraphs (4)(c) 4139
and (6)(l) are amended to facilitate correct interpretation 4140
and to correct cross -references. Section 6, ch. 2024 -230, 4141
deleted s. 1002.394(4)(a)2., and s. 7, ch. 2024 -230, 4142
deleted s. 1002.395(6)(d)2.b., both relating to program 4143
funds used for transportation to a Florida public school in 4144
which a student is enrolled and that is different from the 4145
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school to which the student was as signed or to a lab school 4146
as defined in s. 1002.32; similar material relating to 4147
stipends for transportation can be found at s. 1002.31(7), 4148
created by s. 2, ch. 2024 -230. Paragraph (7)(b) is amended 4149
to confirm an editorial insertion to improve clarity. 4150
Section 100. Section 1003.485, Florida Statutes, is 4151
reenacted to read: 4152
1003.485 The New Worlds Reading Initiative. — 4153
(1) DEFINITIONS.—As used in this section, the term: 4154
(a) "Administrator" means the University of Florida 4155
Lastinger Center for Learning . 4156
(b) "Annual tax credit amount" means, for any state fiscal 4157
year, the sum of the amount of tax credits approved under 4158
paragraph (5)(b), including tax credits to be taken under s. 4159
211.0252, s. 212.1833, s. 220.1876, s. 561.1212, or s. 4160
624.51056, which are approved for taxpayers whose taxable years 4161
begin on or after January 1 of the calendar year preceding the 4162
start of the applicable state fiscal year. 4163
(c) "Department" means the Department of Education. 4164
(d) "Division" means the Division of Alcoholic Be verages 4165
and Tobacco of the Department of Business and Professional 4166
Regulation. 4167
(e) "Eligible contribution" means a monetary contribution 4168
from a taxpayer, subject to the restrictions provided in this 4169
section, to the administrator. 4170
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(f) "Initiative" means the New Worlds Reading Initiative. 4171
(g) "Micro-credential" means evidence -based professional 4172
learning activities grounded in the science of reading which are 4173
competency-based, personalized, and on -demand. Educators must 4174
demonstrate their competence via e vidence submitted and reviewed 4175
by trained evaluators. 4176
(2) NEW WORLDS READING INITIATIVE; PURPOSE. —The purpose of 4177
the New Worlds Reading Initiative established under the 4178
department is to instill a love of reading by providing high -4179
quality, free books to s tudents in prekindergarten through grade 4180
5 who are reading below grade level and to improve the literacy 4181
skills of students in prekindergarten through grade 12. The New 4182
Worlds Reading Initiative shall consist of: 4183
(a) The program established under this se ction to provide 4184
high-quality, free books to students. 4185
(b) The New Worlds Scholarship Program under s. 1002.411. 4186
(c) The New Worlds Scholar program under s. 1008.365, 4187
which rewards high school students who instill a love of reading 4188
and improve the literacy skills of students in kindergarten 4189
through grade 3. 4190
(d) The New Worlds micro -credential program established 4191
under this section which emphasizes strong core instruction and 4192
a tiered model of reading interventions for struggling readers. 4193
(3) DEPARTMENT RESPONSIBILITIES. —The department shall: 4194
(a) Publish information about the initiative and tax 4195
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credits under subsection (5) on its website, including the 4196
process for a taxpayer to select the administrator as the 4197
recipient of funding through a tax c redit. 4198
(b) Annually report on its website the number of students 4199
participating in the initiative in each school district, 4200
information from the annual financial report under paragraph 4201
(4)(j), and the academic achievement and learning gains, as 4202
applicable, of participating students based on data provided by 4203
school districts as permitted under s. 1002.22. The department 4204
shall establish a date by which the administrator and each 4205
school district must annually provide the data necessary to 4206
complete the report. 4207
(c) Provide the administrator with progress monitoring 4208
data for eligible prekindergarten through grade 12 students 4209
within 30 days after the close of each progress monitoring 4210
period. 4211
(4) ADMINISTRATOR RESPONSIBILITIES. —The administrator 4212
shall: 4213
(a) Develop, in consultation with the Just Read, Florida! 4214
Office under s. 1001.215, a selection of high -quality books 4215
encompassing diverse subjects and genres for each grade level to 4216
be mailed to students in the initiative. 4217
(b) Distribute books at no cost to st udents as provided in 4218
paragraph (6)(c) either directly or through an agreement with a 4219
book distribution company. 4220
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(c) Assist local implementation of the initiative by 4221
providing marketing materials to school districts and any 4222
partnering nonprofit organizat ions to assist with public 4223
awareness campaigns and other activities designed to increase 4224
family engagement and instill a love of reading in students. 4225
(d) Maintain a clearinghouse for information on national, 4226
state, and local nonprofit organizations that support efforts to 4227
improve literacy and provide books to children. 4228
(e) Develop, for parents of students in the initiative, 4229
resources and training materials that engage families in reading 4230
and support the reading achievement of their students. The 4231
administrator shall periodically send to parents hyperlinks to 4232
these resources and materials, including video modules, via text 4233
message and e-mail. 4234
(f) Provide professional learning and resources to 4235
teachers that correlate with the books provided through the 4236
initiative. 4237
(g) Develop, in consultation with the Just Read, Florida! 4238
Office under s. 1001.215, an online repository of digital 4239
science of reading materials and science of reading 4240
instructional resources that is accessible to public school 4241
teachers, school leaders, parents, and educator preparation 4242
programs and associated faculty. 4243
(h) Develop a micro -credential that requires teachers to 4244
demonstrate competency to: 4245
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1. Diagnose literacy difficulties and determine the 4246
appropriate range of literacy intervent ions based upon the age 4247
and literacy deficiency of the student; 4248
2. Use evidence-based instructional and intervention 4249
practices grounded in the science of reading, including 4250
strategies identified by the Just Read, Florida! Office pursuant 4251
to s. 1001.215(7); and 4252
3. Effectively use progress monitoring and intervention 4253
materials. 4254
(i) Administer the early literacy micro -credential program 4255
established under this section, which must include components on 4256
content, student learning, pedagogy, and professional learning 4257
and must build on a strong foundation of scientifically 4258
researched and evidence -based reading instructional and 4259
intervention programs that incorporate explicit, systematic, and 4260
sequential approaches to teaching phonemic awareness, phonics, 4261
vocabulary, fluency, and text comprehension and incorporate 4262
decodable or phonetic text instructional strategies, as 4263
identified by the Just Read, Florida! Office, pursuant to s. 4264
1001.215(7). 4265
1. At a minimum, the micro -credential curriculum must be 4266
designed specifically for instructional personnel in 4267
prekindergarten through grade 3 based upon the strategies and 4268
techniques identified in s. 1002.59 and address foundational 4269
literacy skills of students in grades 4 through 12. 4270
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2. The micro-credential must be competen cy based and 4271
designed for eligible instructional personnel to complete the 4272
credentialing process in no more than 60 hours, in an online 4273
format. The micro-credential may be delivered in an in -person 4274
format. Eligible instructional personnel may receive the m icro-4275
credential once competency is demonstrated even if it is before 4276
the completion of 60 hours. 4277
3. The micro-credential must be available by December 31, 4278
2022, at no cost, to instructional personnel as defined in s. 4279
1012.01(2); prekindergarten instructo rs as specified in ss. 4280
1002.55, 1002.61, and 1002.63; and child care personnel as 4281
defined in ss. 402.302(3) and 1002.88(1)(e). 4282
(j) Annually submit to the department an annual financial 4283
report that includes, at a minimum, the amount of eligible 4284
contributions received by the administrator; the amount spent on 4285
each activity required by this subsection, including 4286
administrative expenses; the number of micro -credentials and 4287
reading endorsements earned; and the number of students and 4288
households served under eac h component of the initiative, by 4289
school district, including the means by which additional 4290
literacy support was provided to students. 4291
(k) Maintain separate accounts for operating funds and 4292
funds for the purchase and delivery of books. 4293
(l) Expend eligible contributions received only for the 4294
purchase and delivery of books and to implement the requirements 4295
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of this section, as well as for administrative expenses not to 4296
exceed 2 percent of total eligible contributions. 4297
Notwithstanding s. 1002.395(6)(l)3., th e administrator may carry 4298
forward up to 25 percent of eligible contributions made before 4299
January 1 of each state fiscal year and 100 percent of eligible 4300
contributions made on or after January 1 of each state fiscal 4301
year to the following state fiscal year f or purposes authorized 4302
by this subsection. Any eligible contributions in excess of the 4303
allowable carry forward not used to provide additional books 4304
throughout the year to eligible students shall revert to the 4305
state treasury. 4306
(m) Upon receipt of a contrib ution, provide the taxpayer 4307
that made the contribution with a certificate of contribution. A 4308
certificate of contribution must include the taxpayer's name 4309
and, if available, its federal employer identification number; 4310
the amount contributed; the date of con tribution; and the name 4311
of the administrator. 4312
(5) NEW WORLDS READING INITIATIVE TAX CREDITS; 4313
APPLICATIONS, TRANSFERS, AND LIMITATIONS. — 4314
(a) The tax credit cap amount is $10 million for the 2021 -4315
2022 state fiscal year, $30 million for the 2022 -2023 state 4316
fiscal year, and $60 million in each state fiscal year 4317
thereafter. 4318
(b) Beginning October 1, 2021, a taxpayer may submit an 4319
application to the Department of Revenue for a tax credit or 4320
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credits to be taken under one or more of s. 211.0252, s. 4321
212.1833, s. 220.1876, s. 561.1212, or s. 624.51056. 4322
1. The taxpayer shall specify in the application each tax 4323
for which the taxpayer requests a credit and the applicable 4324
taxable year for a credit under s. 220.1876 or s. 624.51056 or 4325
the applicable state fiscal year for a credit under s. 211.0252, 4326
s. 212.1833, or s. 561.1212. For purposes of s. 220.1876, a 4327
taxpayer may apply for a credit to be used for a prior taxable 4328
year before the date the taxpayer is required to file a return 4329
for that year pursuant to s. 220. 222. For purposes of s. 4330
624.51056, a taxpayer may apply for a credit to be used for a 4331
prior taxable year before the date the taxpayer is required to 4332
file a return for that prior taxable year pursuant to ss. 4333
624.509 and 624.5092. The Department of Revenue s hall approve 4334
tax credits on a first -come, first-served basis and must obtain 4335
the division's approval before approving a tax credit under s. 4336
561.1212. 4337
2. Within 10 days after approving or denying an 4338
application, the Department of Revenue shall provide a c opy of 4339
its approval or denial letter to the administrator. 4340
(c) If a tax credit approved under paragraph (b) is not 4341
fully used within the specified state fiscal year for credits 4342
under s. 211.0252, s. 212.1833, or s. 561.1212 or against taxes 4343
due for the specified taxable year for credits under s. 220.1876 4344
or s. 624.51056 because of insufficient tax liability on the 4345
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part of the taxpayer, the unused amount must be carried forward 4346
for a period not to exceed 10 years. For purposes of s. 4347
220.1876, a credit carr ied forward may be used in a subsequent 4348
year after applying the other credits and unused carryovers in 4349
the order provided in s. 220.02(8). 4350
(d) A taxpayer may not convey, transfer, or assign an 4351
approved tax credit or a carryforward tax credit to another 4352
entity unless all of the assets of the taxpayer are conveyed, 4353
assigned, or transferred in the same transaction. However, a tax 4354
credit under s. 211.0252, s. 212.1833, s. 220.1876, s. 561.1212, 4355
or s. 624.51056 may be conveyed, transferred, or assigned 4356
between members of an affiliated group of corporations if the 4357
type of tax credit under s. 211.0252, s. 212.1833, s. 220.1876, 4358
s. 561.1212, or s. 624.51056 remains the same. A taxpayer shall 4359
notify the Department of Revenue of its intent to convey, 4360
transfer, or assign a tax credit to another member within an 4361
affiliated group of corporations. The amount conveyed, 4362
transferred, or assigned is available to another member of the 4363
affiliated group of corporations upon approval by the Department 4364
of Revenue. The Department of Revenue shall obtain the 4365
division's approval before approving a conveyance, transfer, or 4366
assignment of a tax credit under s. 561.1212. 4367
(e) Within any state fiscal year, a taxpayer may rescind 4368
all or part of a tax credit approved under paragraph (b). T he 4369
amount rescinded shall become available for that state fiscal 4370
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year to another eligible taxpayer approved by the Department of 4371
Revenue if the taxpayer receives notice from the Department of 4372
Revenue that the rescindment has been accepted by the Department 4373
of Revenue. The Department of Revenue must obtain the division's 4374
approval before accepting the rescindment of a tax credit under 4375
s. 561.1212. Any amount rescinded under this paragraph must 4376
become available to an eligible taxpayer on a first -come, first-4377
served basis based on tax credit applications received after the 4378
date the rescindment is accepted by the Department of Revenue. 4379
(f) Within 10 days after approving or denying the 4380
conveyance, transfer, or assignment of a tax credit under 4381
paragraph (d), or th e rescindment of a tax credit under 4382
paragraph (e), the Department of Revenue shall provide a copy of 4383
its approval or denial letter to the administrator. The 4384
Department of Revenue shall also include the administrator on 4385
all letters or correspondence of ackn owledgment for tax credits 4386
under s. 212.1833. 4387
(g) For purposes of calculating the underpayment of 4388
estimated corporate income taxes under s. 220.34 and tax 4389
installment payments for taxes on insurance premiums or 4390
assessments under s. 624.5092, the final am ount due is the 4391
amount after credits earned under s. 220.1876 or s. 624.51056 4392
for contributions to the administrator are deducted. 4393
1. For purposes of determining if a penalty or interest 4394
under s. 220.34(2)(d)1. will be imposed for underpayment of 4395
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estimated corporate income tax, a taxpayer may, after earning a 4396
credit under s. 220.1876, reduce any estimated payment in that 4397
taxable year by the amount of the credit. 4398
2. For purposes of determining if a penalty under s. 4399
624.5092 will be imposed, an insurer, a fter earning a credit 4400
under s. 624.51056 for a taxable year, may reduce any 4401
installment payment for such taxable year of 27 percent of the 4402
amount of the net tax due as reported on the return for the 4403
preceding year under s. 624.5092(2)(b) by the amount of t he 4404
credit. 4405
(6) ELIGIBILITY; NOTIFICATION; SCHOOL DISTRICT 4406
OBLIGATIONS.— 4407
(a) A student in prekindergarten through grade 5 must be 4408
provided books through the initiative if the student is not yet 4409
reading on grade level, has a substantial reading deficienc y 4410
identified under s. 1008.25(5)(a), has a substantial deficiency 4411
in early literacy skills based upon the results of the 4412
coordinated screening and progress monitoring under s. 4413
1008.25(9), or scored below a Level 3 on the most recent 4414
statewide, standardized English Language Arts assessment under 4415
s. 1008.22. 4416
(b) Each school district shall notify the parent of a 4417
student who meets the criteria under paragraph (a) that the 4418
student is eligible to receive books at no cost through the New 4419
Worlds Reading Initiativ e and provide the parent with the 4420
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application form developed by the administrator, which must 4421
allow for the selection of specific book topics or genres for 4422
the student. 4423
(c) Once an eligible student is identified, the school 4424
district shall coordinate with the administrator to initiate 4425
book delivery on a monthly basis during the school year, which 4426
must begin no later than October and continue through at least 4427
June. 4428
(d) Upon enrollment and at the beginning of each school 4429
year, students must be provided opt ions for specific book topics 4430
or genres in order to maximize student interest in reading. 4431
(e) A student's eligibility for the initiative continues 4432
until promotion to grade 6 or until the student's parent opts 4433
out of the initiative. 4434
(f) Each school dist rict shall participate in the 4435
initiative by partnering with local nonprofit organizations, 4436
raising awareness of the initiative using marketing materials 4437
developed by the administrator, coordinating book delivery, and 4438
identifying students and notifying pare nts pursuant to this 4439
subsection. 4440
(g) Each school district shall coordinate with each 4441
charter school it sponsors for purposes of identifying eligible 4442
students, notifying parents, coordinating book delivery, 4443
providing the opportunity to annually select boo k topics and 4444
genres, and raising awareness of the initiative as provided by 4445
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this section. 4446
(h) School districts and partnering nonprofit 4447
organizations shall raise awareness of the initiative, including 4448
information on eligibility and video training modules under 4449
paragraph (4)(e), through, at least, the following: 4450
1. The student handbook and the read -at-home plan under s. 4451
1008.25(5)(d). 4452
2. A parent or curriculum night or separate initiative 4453
awareness event at each elementary school. 4454
3. Partnering with the county library to host awareness 4455
events, which should coincide with other initiatives such as 4456
library card drives, family library nights, summer access 4457
events, and other family engagement programming. 4458
(i) Each school district shall establish a data s haring 4459
agreement with the initiative's administrator which allows for a 4460
streamlined student verification and enrollment process. 4461
(7) ADMINISTRATION; RULES. — 4462
(a) The Department of Revenue, the division, and the 4463
Department of Education may develop a coop erative agreement to 4464
assist in the administration of this section, as needed. 4465
(b) The Department of Revenue may adopt rules necessary to 4466
administer this section and ss. 211.0252, 212.1833, 220.1876, 4467
561.1212, and 624.51056, including rules establishing 4468
application forms, procedures governing the approval of tax 4469
credits and carryforward tax credits under subsection (5), and 4470
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procedures to be followed by taxpayers when claiming approved 4471
tax credits on their returns. 4472
(c) The division may adopt rules necessa ry to administer 4473
its responsibilities under this section and s. 561.1212. 4474
(d) The Department of Education may adopt rules necessary 4475
to administer this section. 4476
(e) Notwithstanding any provision of s. 213.053 to the 4477
contrary, sharing information with th e division related to this 4478
tax credit is considered the conduct of the Department of 4479
Revenue's official duties as contemplated in s. 213.053(8)(c), 4480
and the Department of Revenue and the division are specifically 4481
authorized to share information as needed to administer this 4482
section. 4483
Reviser's note.—Section 4, ch. 2024-162, Laws of Florida, 4484
purported to amend s. 1003.485, but did not publish 4485
subsection (5). Absent affirmative evidence of legislative 4486
intent to repeal it, s. 1003.485 is reenacted to confirm 4487
that the omission was not intended. 4488
Section 101. Paragraph (b) of subsection (6) of section 4489
1004.44, Florida Statutes, is amended to read: 4490
1004.44 Louis de la Parte Florida Mental Health 4491
Institute.—There is established the Louis de la Parte Florida 4492
Mental Health Institute within the University of South Florida. 4493
(6) 4494
(b) The center may: 4495
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1. Convene groups, including, but not limited to, 4496
behavioral health clinicians, professionals, and workers, and 4497
employers of such individuals; other health care provide rs; 4498
individuals with behavioral health conditions and their 4499
families; and business and industry leaders, policymakers, and 4500
educators, to assist the center in its work; and 4501
2. Request from any board as defined in s. 456.001 any 4502
information held by the boa rd regarding a behavioral health 4503
professional licensed in this state or holding a multistate 4504
license pursuant to a professional multistate licensure compact 4505
or information reported to the board by employers of such 4506
behavioral health professionals, other th an personal identifying 4507
information. The boards must provide such information to the 4508
center upon request. 4509
Reviser's note.—Amended to confirm an editorial insertion to 4510
improve clarity. 4511
Section 102. Subsection (5) of section 1004.647, Florida 4512
Statutes, is amended to read: 4513
1004.647 Florida Catastrophic Storm Risk Management 4514
Center.—The Florida Catastrophic Storm Risk Management Center is 4515
created at the Florida State University, College of Business, 4516
Department of Risk Management. The purpose of the center is to 4517
promote and disseminate research on issues related to 4518
catastrophic storm loss and to assist in identifying and 4519
developing education and research grant funding opportunities 4520
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among higher education institutions in this state and the 4521
private sector. The purpose of the activities of the center is 4522
to support the state's ability to prepare for, respond to, and 4523
recover from catastrophic storms. The center shall: 4524
(5) Organize and sponsor conferences, symposiums symposia, 4525
and workshops to educate consumers and policymakers. 4526
Reviser's note.—Amended to conform usage in the Florida Statutes 4527
to the preferred plural form of "symposium." 4528
Section 103. Paragraph (g) of subsection (2) of section 4529
1004.6499, Florida Statutes, is amended to read: 4530
1004.6499 Florida Institute for Governance and Civics. — 4531
(2) The goals of the institute are to: 4532
(g) Create through scholarship, original research, 4533
publications, symposiums symposia, testimonials, and other means 4534
a body of resources that can be accessed by students, scho lars, 4535
and government officials to understand the innovations in public 4536
policy in this state over a rolling 30 -year time period. 4537
Reviser's note.—Amended to conform usage in the Florida Statutes 4538
to the preferred plural form of "symposium." 4539
Section 104. Paragraphs (c) and (e) of subsection (2) of 4540
section 1004.64991, Florida Statutes, are amended to read: 4541
1004.64991 The Adam Smith Center for Economic Freedom. — 4542
(2) The goals of the center are to: 4543
(c) Plan and host workshops, symposiums, and conferences 4544
to allow students, scholars, and guests to engage exchange in 4545
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civil discussion of democracy and capitalism. 4546
(e) Partner with the Institute for Freedom in the Americas 4547
to support its mission, which includes promoting economic and 4548
individual freedoms as a means for advancing human progress with 4549
an emphasis on Latin America American and the Caribbean. 4550
Reviser's note.—Paragraph (2)(c) is amended to improve clarity. 4551
Paragraph (2)(e) is amended to confirm an editorial 4552
substitution to conform to context. 4553
Section 105. Paragraph (a) of subsection (4) of section 4554
1004.76, Florida Statutes, is amended to read: 4555
1004.76 Florida Martin Luther King, Jr., Institute for 4556
Nonviolence.— 4557
(4) The institute shall have the following powers and 4558
duties: 4559
(a) To conduct training, provide symposiums symposia, and 4560
develop continuing education and programs to promote skills in 4561
nonviolent conflict resolution for persons in government, 4562
private enterprise, community groups, and voluntary 4563
associations. 4564
Reviser's note.—Amended to conform usage in the Florida Statutes 4565
to the preferred plural form of "symposium." 4566
Section 106. Paragraphs (a) and (f) of subsection (6) of 4567
section 1006.07, Florida Statutes, are amended to read: 4568
1006.07 District school board duties relating to student 4569
discipline and school safety. —The district school board shall 4570
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provide for the proper accounting for all students, for the 4571
attendance and control of students at school, and for proper 4572
attention to health, safety, and other matters relating to the 4573
welfare of students, including: 4574
(6) SAFETY AND SECURITY BEST PRACTICES. —Each district 4575
school superintendent shall establish policies and procedures 4576
for the prevention of violence on school grounds, includin g the 4577
assessment of and intervention with individuals whose behavior 4578
poses a threat to the safety of the school community. 4579
(a) School safety specialist. —Each district school 4580
superintendent shall designate a school safety specialist for 4581
the district. The school safety specialist must be a school 4582
administrator employed by the school district or a law 4583
enforcement officer employed by the sheriff's office located in 4584
the school district. Any school safety specialist designated 4585
from the sheriff's office must fir st be authorized and approved 4586
by the sheriff employing the law enforcement officer. Any school 4587
safety specialist designated from the sheriff's office remains 4588
the employee of the office for purposes of compensation, 4589
insurance, workers' compensation, and oth er benefits authorized 4590
by law for a law enforcement officer employed by the sheriff's 4591
office. The sheriff and the school superintendent may determine 4592
by agreement the reimbursement for such costs, or may share the 4593
costs, associated with employment of the l aw enforcement officer 4594
as a school safety specialist. The school safety specialist must 4595
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earn a certificate of completion of the school safety specialist 4596
training provided by the Office of Safe Schools within 1 year 4597
after appointment and is responsible for the supervision and 4598
oversight for all school safety and security personnel, 4599
policies, and procedures in the school district. The school 4600
safety specialist, or his or her designee, shall: 4601
1. In conjunction with the district school superintendent, 4602
annually review school district policies and procedures for 4603
compliance with state law and rules, including the district's 4604
timely and accurate submission of school environmental safety 4605
incident reports to the department pursuant to s. 1001.212(8). 4606
At least quarterly, the school safety specialist must report to 4607
the district school superintendent and the district school board 4608
any noncompliance by the school district with laws or rules 4609
regarding school safety. 4610
2. Provide the necessary training and resources to 4611
students and school district staff in matters relating to youth 4612
mental health awareness and assistance; emergency procedures, 4613
including active shooter training; and school safety and 4614
security. 4615
3. Serve as the school district liaison with local public 4616
safety agencies and national, state, and community agencies and 4617
organizations in matters of school safety and security. 4618
4. In collaboration with the appropriate public safety 4619
agencies, as that term is defined in s. 365.171, by October 1 of 4620
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each year, conduct a sch ool security risk assessment at each 4621
public school using the Florida Safe Schools Assessment Tool 4622
developed by the Office of Safe Schools pursuant to s. 4623
1006.1493. Based on the assessment findings, the district's 4624
school safety specialist shall provide reco mmendations to the 4625
district school superintendent and the district school board 4626
which identify strategies and activities that the district 4627
school board should implement in order to address the findings 4628
and improve school safety and security. Each district school 4629
board must receive such findings and the school safety 4630
specialist's recommendations at a publicly noticed district 4631
school board meeting to provide the public an opportunity to 4632
hear the district school board members discuss and take action 4633
on the findings and recommendations. Each school safety 4634
specialist, through the district school superintendent, shall 4635
report such findings and school board action to the Office of 4636
Safe Schools within 30 days after the district school board 4637
meeting. 4638
5. Conduct annual unannounced inspections, using the form 4639
adopted by the Office of Safe Schools pursuant to s. 4640
1001.212(13) 1001.212(14), of all public schools, including 4641
charter schools, while school is in session and investigate 4642
reports of noncompliance with school saf ety requirements. 4643
6. Report violations of paragraph (f) by administrative 4644
personnel and instructional personnel to the district school 4645
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superintendent or charter school administrator, as applicable. 4646
(f) School safety requirements. —By August 1, 2024, eac h 4647
school district and charter school governing board shall comply 4648
with the following school safety requirements: 4649
1. All gates or other access points that restrict ingress 4650
to or egress from a school campus shall remain closed and locked 4651
when students are on campus. A gate or other campus access point 4652
may not be open or unlocked, regardless of whether it is during 4653
normal school hours, unless: 4654
a. Attended or actively staffed by a person when students 4655
are on campus; 4656
b. The use is in accordance with a shar ed use agreement 4657
pursuant to s. 1013.101; or 4658
c. The school safety specialist, or his or her designee, 4659
has documented in the Florida Safe Schools Assessment Tool 4660
portal maintained by the Office of Safe Schools that the gate or 4661
other access point is not su bject to this requirement based upon 4662
other safety measures at the school. The office may conduct a 4663
compliance visit pursuant to s. 1001.212(13) 1001.212(14) to 4664
review if such determination is appropriate. 4665
2. All school classrooms and other instructional spaces 4666
must be locked to prevent ingress when occupied by students, 4667
except between class periods when students are moving between 4668
classrooms or other instructional spaces. If a classroom or 4669
other instructional space door must be left unlocked or open for 4670
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any reason other than between class periods when students are 4671
moving between classrooms or other instructional spaces, the 4672
door must be actively staffed by a person standing or seated at 4673
the door. 4674
3. All campus access doors, gates, and other access points 4675
that allow ingress to or egress from a school building shall 4676
remain closed and locked at all times to prevent ingress, unless 4677
a person is actively entering or exiting the door, gate, or 4678
other access point or the school safety specialist, or his or 4679
her designee, has documented in the Florida Safe Schools 4680
Assessment Tool portal maintained by the Office of Safe Schools 4681
that the open and unlocked door, gate, or other access point is 4682
not subject to this requirement based upon other safety measures 4683
at the school. The office may conduct a compliance visit 4684
pursuant to s. 1001.212(13) 1001.212(14) to review if such 4685
determination is appropriate. All campus access doors, gates, 4686
and other access points may be electronically or manually 4687
controlled by school personnel to allow access by authorized 4688
visitors, students, and school personnel. 4689
4. All school classrooms and other instructional spaces 4690
must clearly and conspicuously mark the safest areas in each 4691
classroom or other instructional space where students must 4692
shelter in place during an emergency. Students must be notified 4693
of these safe areas within the first 10 days of the school year. 4694
If it is not feasible to clearly and conspicuously mark the 4695
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safest areas in a classroom or other instructional space, the 4696
school safety specialist, or his or her designee, must document 4697
such determination in the Florida Safe Schools Assessment Tool 4698
portal maintained by the Office of Safe Schools, identifying 4699
where affected students must shelter in place. The office shall 4700
assist the school safety specialist with compliance during the 4701
inspection required under s. 1001.212(13) 1001.212(14). 4702
4703
Persons who are aware of a violation of this paragraph must 4704
report the violation to the school principal. The school 4705
principal must report the violation to the school safety 4706
specialist no later than the next business day after receiving 4707
such report. If the person who violated this paragraph is the 4708
school principal or charter school administrator, the report 4709
must be made directly to the district school supe rintendent or 4710
charter school governing board, as applicable. 4711
Reviser's note.—Amended to correct a cross -reference. Section 5, 4712
ch. 2024-155, Laws of Florida, added subsection (14) to s. 4713
1001.212, which was redesignated as subsection (13) to 4714
conform to the deletion of former subsection (11) by s. 20, 4715
ch. 2024-3, Laws of Florida. 4716
Section 107. Paragraphs (d) and (e) of subsection (2) and 4717
paragraph (b) of subsection (4) of section 1006.28, Florida 4718
Statutes, are amended to read: 4719
1006.28 Duties of district s chool board, district school 4720
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superintendent; and school principal regarding K -12 4721
instructional materials. — 4722
(2) DISTRICT SCHOOL BOARD. —The district school board has 4723
the constitutional duty and responsibility to select and provide 4724
adequate instructional ma terials for all students in accordance 4725
with the requirements of this part. The district school board 4726
also has the following specific duties and responsibilities: 4727
(d) School library media services; establishment and 4728
maintenance.—Establish and maintain a p rogram of school library 4729
media services for all public schools in the district, including 4730
school library media centers, or school library media centers 4731
open to the public, and, in addition such traveling or 4732
circulating libraries as may be needed for the pr oper operation 4733
of the district school system. Beginning January 1, 2023, School 4734
librarians, media specialists, and other personnel involved in 4735
the selection of school district library materials must complete 4736
the training program developed pursuant to s. 10 06.29(6) before 4737
reviewing and selecting age -appropriate materials and library 4738
resources. Upon written request, a school district shall provide 4739
access to any material or book specified in the request that is 4740
maintained in a district school system library an d is available 4741
for review. 4742
1. Each book made available to students through a school 4743
district library media center or included in a recommended or 4744
assigned school or grade -level reading list must be selected by 4745
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a school district employee who holds a valid educational media 4746
specialist certificate, regardless of whether the book is 4747
purchased, donated, or otherwise made available to students. 4748
2. Each district school board shall adopt procedures for 4749
developing library media center collections and post the 4750
procedures on the website for each school within the district. 4751
The procedures must: 4752
a. Require that book selections meet the criteria in s. 4753
1006.40(3)(c). 4754
b. Require consultation of reputable, professionally 4755
recognized reviewing periodicals and school community 4756
stakeholders. 4757
c. Provide for library media center collections, including 4758
classroom libraries, based on reader interest, support of state 4759
academic standards and aligned curriculum, and the academic 4760
needs of students and faculty. 4761
d. Provide for the regular removal or discontinuance of 4762
books based on, at a minimum, physical condition, rate of recent 4763
circulation, alignment to state academic standards and relevancy 4764
to curriculum, out-of-date content, and required removal 4765
pursuant to subparagraph (a )2. 4766
3. Each elementary school must publish on its website, in 4767
a searchable format prescribed by the department, a list of all 4768
materials maintained and accessible in the school library media 4769
center or a classroom library or required as part of a school or 4770
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grade-level reading list. 4771
4. Each district school board shall adopt and publish on 4772
its website the process for a parent to limit his or her 4773
student's access to materials in the school or classroom 4774
library. 4775
(e) Public participation. —Publish on its website, in a 4776
searchable format prescribed by the department, a list of all 4777
instructional materials, including those used to provide 4778
instruction required by s. 1003.42. Each district school board 4779
must: 4780
1. Provide access to all materials, excluding teacher 4781
editions, in accordance with s. 1006.283(2)(b)8.a. before the 4782
district school board takes any official action on such 4783
materials. This process must include reasonable safeguards 4784
against the unauthorized use, reproduction, and distribution of 4785
instructional materials considered for adoption. 4786
2. Select, approve, adopt, or purchase all materials as a 4787
separate line item on the agenda and provide a reasonable 4788
opportunity for public comment. The use of materials described 4789
in this paragraph may not be selected, appr oved, or adopted as 4790
part of a consent agenda. 4791
3. Annually, on beginning June 30, 2023, submit to the 4792
Commissioner of Education a report that identifies: 4793
a. Each material for which the school district received an 4794
objection pursuant to subparagraph (a)2. , including the grade 4795
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level and course the material was used in, for the school year 4796
and the specific objections thereto. 4797
b. Each material that was removed or discontinued. 4798
c. Each material that was not removed or discontinued and 4799
the rationale for not removing or discontinuing the material. 4800
4801
The department shall publish and regularly update a list of 4802
materials that were removed or discontinued, sorted by grade 4803
level, as a result of an objection and disseminate the list to 4804
school districts for considera tion in their selection 4805
procedures. 4806
(4) SCHOOL PRINCIPAL. —The school principal has the 4807
following duties for the management and care of materials at the 4808
school: 4809
(b) Money collected for lost or damaged instructional 4810
materials; enforcement. —The school principal may collect from 4811
each student or the student's parent the purchase price of any 4812
instructional material the student has lost, destroyed, or 4813
unnecessarily damaged and to report and transmit the money 4814
collected to the district school superintendent. A student who 4815
fails to pay such sum may be suspended from participation in 4816
extracurricular activities. A student may satisfy the debt 4817
through community service activities at the school site as 4818
determined by the school principal, pursuant to policies adopted 4819
by district school board rule. 4820
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Reviser's note.—Paragraphs (2)(d) and (e) are amended to delete 4821
obsolete language. Paragraph (4)(b) is amended to confirm 4822
an editorial deletion to conform to context. 4823
Section 108. Paragraph (b) of subsection (3) and 4824
subsection (5) of section 1008.34, Florida Statutes, are amended 4825
to read: 4826
1008.34 School grading system; school report cards; 4827
district grade.— 4828
(3) DESIGNATION OF SCHOOL GRADES. — 4829
(b)1. A school's grade shall be based on the following 4830
components, each worth 100 points: 4831
a. The percentage of eligible students passing statewide, 4832
standardized assessments in English Language Arts under s. 4833
1008.22(3). 4834
b. The percentage of eligible students passing statewide, 4835
standardized assessments in mathematics under s. 100 8.22(3). 4836
c. The percentage of eligible students passing statewide, 4837
standardized assessments in science under s. 1008.22(3). 4838
d. The percentage of eligible students passing statewide, 4839
standardized assessments in social studies under s. 1008.22(3). 4840
e. The percentage of eligible students who make Learning 4841
Gains in English Language Arts as measured by statewide, 4842
standardized assessments administered under s. 1008.22(3). 4843
f. The percentage of eligible students who make Learning 4844
Gains in mathematics as mea sured by statewide, standardized 4845
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assessments administered under s. 1008.22(3). 4846
g. The percentage of eligible students in the lowest 25 4847
percent in English Language Arts, as identified by prior year 4848
performance on statewide, standardized assessments, who m ake 4849
Learning Gains as measured by statewide, standardized English 4850
Language Arts assessments administered under s. 1008.22(3). 4851
h. The percentage of eligible students in the lowest 25 4852
percent in mathematics, as identified by prior year performance 4853
on statewide, standardized assessments, who make Learning Gains 4854
as measured by statewide, standardized Mathematics assessments 4855
administered under s. 1008.22(3). 4856
i. For schools comprised of middle grades 6 through 8 or 4857
grades 7 and 8, the percentage of eligible s tudents passing high 4858
school level statewide, standardized end -of-course assessments 4859
or attaining national industry certifications identified in the 4860
CAPE Industry Certification Funding List pursuant to state board 4861
rule. 4862
j. Beginning in the 2023 -2024 school year, For schools 4863
comprised of grade levels that include grade 3, the percentage 4864
of eligible students who score an achievement level 3 or higher 4865
on the grade 3 statewide, standardized English Language Arts 4866
assessment administered under s. 1008.22(3). 4867
4868
In calculating Learning Gains for the components listed in sub -4869
subparagraphs e.-h., the State Board of Education shall require 4870
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that learning growth toward achievement levels 3, 4, and 5 is 4871
demonstrated by students who scored below each of those levels 4872
in the prior year. In calculating the components in sub -4873
subparagraphs a.-d., the state board shall include the 4874
performance of English language learners only if they have been 4875
enrolled in a school in the United States for more than 2 years. 4876
2. For a school comp rised of grades 9, 10, 11, and 12, or 4877
grades 10, 11, and 12, the school's grade shall also be based on 4878
the following components, each worth 100 points: 4879
a. The 4-year high school graduation rate of the school as 4880
defined by state board rule. 4881
b. The percentage of students who were eligible to earn 4882
college and career credit through an assessment identified 4883
pursuant to s. 1007.27(2), College Board Advanced Placement 4884
examinations, International Baccalaureate examinations, dual 4885
enrollment courses, including ca reer dual enrollment courses 4886
resulting in the completion of 300 or more clock hours during 4887
high school which are approved by the state board as meeting the 4888
requirements of s. 1007.271, or Advanced International 4889
Certificate of Education examinations; who, a t any time during 4890
high school, earned national industry certification identified 4891
in the CAPE Industry Certification Funding List, pursuant to 4892
rules adopted by the state board; or who earned an Armed 4893
Services Qualification Test score that falls within Categ ory II 4894
or higher on the Armed Services Vocational Aptitude Battery and 4895
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earned a minimum of two credits in Junior Reserve Officers' 4896
Training Corps courses from the same branch of the United States 4897
Armed Forces. 4898
(5) DISTRICT GRADE. —Beginning with the 2014 -2015 school 4899
year, A school district's grade shall include a district -level 4900
calculation of the components under paragraph (3)(b). This 4901
calculation methodology captures each eligible student in the 4902
district who may have transferred among schools within the 4903
district or is enrolled in a school that does not receive a 4904
grade. The department shall develop a district report card that 4905
includes the district grade; the information required under s. 4906
1008.345(3); measures of the district's progress in closing the 4907
achievement gap between higher -performing student subgroups and 4908
lower-performing student subgroups; measures of the district's 4909
progress in demonstrating Learning Gains of its highest -4910
performing students; measures of the district's success in 4911
improving student at tendance; the district's grade -level 4912
promotion of students scoring achievement levels 1 and 2 on 4913
statewide, standardized English Language Arts and Mathematics 4914
assessments; and measures of the district's performance in 4915
preparing students for the transition from elementary to middle 4916
school, middle to high school, and high school to postsecondary 4917
institutions and careers. 4918
Reviser's note.—Amended to delete obsolete language. 4919
Section 109. Subsections (3) and (22) of section 1009.23, 4920
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Florida Statutes, are ame nded to read: 4921
1009.23 Florida College System institution student fees. — 4922
(3)(a) Effective July 1, 2014, For advanced and 4923
professional, postsecondary vocational, developmental education, 4924
and educator preparation institute programs, the standard 4925
tuition shall be $71.98 per credit hour for residents and 4926
nonresidents, and the out -of-state fee shall be $215.94 per 4927
credit hour. 4928
(b) Effective July 1, 2014, For baccalaureate degree 4929
programs, the following tuition and fee rates shall apply: 4930
1. The tuition shall be $91.79 per credit hour for 4931
students who are residents for tuition purposes. 4932
2. The sum of the tuition and the out -of-state fee per 4933
credit hour for students who are nonresidents for tuition 4934
purposes shall be no more than 85 percent of the sum of the 4935
tuition and the out-of-state fee at the state university nearest 4936
the Florida College System institution. 4937
(22) Beginning with the 2024 -2025 academic year, Miami 4938
Dade College, Polk State College, and Tallahassee State College 4939
Tallahassee Community College are authorized to charge an amount 4940
not to exceed $290 per credit hour for nonresident tuition and 4941
fees for distance learning. Such institutions may phase in this 4942
nonresident tuition rate by degree program. 4943
Reviser's note.—Subsection (3) is amended to dele te obsolete 4944
language. Subsection (22) is amended to confirm an 4945
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editorial substitution to conform to the redesignation of 4946
name of the college by s. 1, ch. 2024 -43, Laws of Florida. 4947
Section 110. Paragraph (a) of subsection (4) of section 4948
1009.895, Florida Statutes, is amended to read: 4949
1009.895 Open Door Grant Program. — 4950
(4) DISTRIBUTION OF FUNDS. — 4951
(a) For the 2023-2024 fiscal year, funding for eligible 4952
institutions must consist of a base amount provided for in the 4953
General Appropriations Act plus each institution's proportionate 4954
share of full-time equivalent students enrolled in career and 4955
technical education programs. Beginning in fiscal year 2024 -4956
2025, the funds appropriated for the Open Door Grant Program 4957
must be distributed to eligible institutions in accordance with 4958
a formula approved by the State Board of Education. The formula 4959
must consider at least the prior year's distribution of funds 4960
and the number of eligible applicants who did not receive 4961
awards. 4962
Reviser's note.—Amended to delete obsolete l anguage. 4963
Section 111. Subsections (3) and (6) of section 1011.804, 4964
Florida Statutes, are amended to read: 4965
1011.804 GATE Startup Grant Program. — 4966
(3) The department may solicit proposals from institutions 4967
without programs that meet the requirements of s. 1004.933 4968
1004.933(2). Such institutions must be located in or serve a 4969
rural area of opportunity as designated by the Governor. 4970
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(6) Grant funds may be used for planning activities and 4971
other expenses associated with the creation of the GATE Program, 4972
such as expenses related to program instruction, instructional 4973
equipment, supplies, instructional personnel, and student 4974
services. Grant funds may not b e used for indirect costs. Grant 4975
recipients must submit an annual report in a format prescribed 4976
by the department. The department shall consolidate such annual 4977
reports and include the reports in the report required by s. 4978
1004.933(6) 1004.933(5). 4979
Reviser's note.—Subsection (3) is amended to revise a cross -4980
reference; s. 1004.933(2) creates the Graduation 4981
Alternative to Traditional Education (GATE) Program but 4982
does not provide specific requirements. Subsection (6) is 4983
amended to correct a cross -reference to conform to the 4984
location of reporting requirements in s. 1004.933(6); 4985
subsection (5) of that section relates to department 4986
responsibilities. 4987
Section 112. Paragraph (h) of subsection (1) of section 4988
1012.22, Florida Statutes, is amended to read: 4989
1012.22 Public school personnel; powers and duties of the 4990
district school board. —The district school board shall: 4991
(1) Designate positions to be filled, prescribe 4992
qualifications for those positions, and provide for the 4993
appointment, compensation, promotion, suspen sion, and dismissal 4994
of employees as follows, subject to the requirements of this 4995
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chapter: 4996
(h) Planning and training time for teachers. —The district 4997
school board shall adopt rules to make provisions for teachers 4998
to have time for lunch, professional planni ng, and professional 4999
learning time when they will not be directly responsible for the 5000
children if some adult supervision is furnished for the students 5001
during such periods. 5002
Reviser's note.—Amended to confirm an editorial deletion to 5003
eliminate redundancy. 5004
Section 113. Section 1012.315, Florida Statutes, is 5005
reenacted to read: 5006
1012.315 Screening standards. —A person is ineligible for 5007
educator certification or employment in any position that 5008
requires direct contact with students in a district school 5009
system, a charter school, or a private school that participates 5010
in a state scholarship program under chapter 1002 if the person: 5011
(1) Is on the disqualification list maintained by the 5012
department under s. 1001.10(4)(b); 5013
(2) Is registered as a sex offender as de scribed in 42 5014
U.S.C. s. 9858f(c)(1)(C); 5015
(3) Is ineligible based on a security background 5016
investigation under s. 435.04(2). Beginning January 1, 2025, or 5017
a later date as determined by the Agency for Health Care 5018
Administration, the Agency for Health Care A dministration shall 5019
determine the eligibility of employees in any position that 5020
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requires direct contact with students in a district school 5021
system, a charter school, or a private school that participates 5022
in a state scholarship program under chapter 1002; 5023
(4) Would be ineligible for an exemption under s. 5024
435.07(4)(c); or 5025
(5) Has been convicted or found guilty of, has had 5026
adjudication withheld for, or has pled guilty or nolo contendere 5027
to: 5028
(a) Any criminal act committed in another state or under 5029
federal law which, if committed in this state, constitutes a 5030
disqualifying offense under s. 435.04(2). 5031
(b) Any delinquent act committed in this state or any 5032
delinquent or criminal act committed in another state or under 5033
federal law which, if committed in this st ate, qualifies an 5034
individual for inclusion on the Registered Juvenile Sex Offender 5035
List under s. 943.0435(1)(h)1.d. 5036
Reviser's note.—Section 8, ch. 2024-132, Laws of Florida, 5037
amended paragraph (1)(y), but failed to incorporate the 5038
amendment to s. 1012.315 b y s. 8, ch. 2023-220, Laws of 5039
Florida, effective July 1, 2024, which deleted former 5040
subsection (1), including paragraph (y). Section 1012.315 5041
is reenacted to conform to the fact that the amendment by 5042
s. 8, ch. 2024-132, cannot be incorporated into the text of 5043
the section as amended by s. 8, ch. 2023 -220. 5044
Section 114. Paragraph (a) of subsection (2) of section 5045
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1012.55, Florida Statutes, is amended to read: 5046
1012.55 Positions for which certificates required. — 5047
(2)(a)1. Each person who is employed and re nders service 5048
as an athletic coach in any public school in any district of 5049
this state shall: 5050
a. Hold a valid temporary or professional certificate or 5051
an athletic coaching certificate. The athletic coaching 5052
certificate may be used for either part -time or full-time 5053
positions. 5054
b. Hold and maintain a certification in cardiopulmonary 5055
resuscitation, first aid, and the use of an automated automatic 5056
external defibrillator. The certification must be consistent 5057
with national evidence -based emergency cardiovascula r care 5058
guidelines. 5059
2. The provisions of this subsection do not apply to any 5060
athletic coach who voluntarily renders service and who is not 5061
employed by any public school district of this state. 5062
Reviser's note.—Amended to confirm an editorial substitution t o 5063
conform to the correct name of the device. 5064
Section 115. This act shall take effect on the 60th day 5065
after adjournment sine die of the session of the Legislature in 5066
which enacted. 5067