Florida Senate Bill S0042 Introduced / Bill

 Florida Senate - 2025 SB 42  By Senator Passidomo 28-00527A-25 202542__ 1 A revisers bill to be entitled 2 An act relating to the Florida Statutes; amending ss. 3 17.69, 30.61, 39.5035, 39.822, 39.8296, 50.051, 4 119.071, 121.051, 121.71, 154.506, 159.8053, 159.811, 5 175.032, 177.073, 193.703, 196.011, 196.1978, 6 215.55871, 280.051, 282.709, 284.51, 286.0113, 7 288.102, 288.987, 316.0083, 319.30, 320.08058, 322.27, 8 322.76, 330.41, 337.195, 341.302, 365.172, 373.250, 9 393.12, 394.468, 395.901, 397.68141, 403.031, 403.086, 10 403.121, 408.051, 409.909, 409.988, 420.606, 420.6241, 11 456.0145, 456.4501, 459.0075, 465.022, 466.016, 12 466.028, 466.0281, 493.6127, 516.15, 516.38, 517.131, 13 550.0351, 553.8991, 581.189, 605.0115, 607.0149, 14 624.27, 624.307, 624.413, 624.4213, 624.424, 624.470, 15 626.878, 627.410, 629.121, 648.25, 655.0591, 683.06, 16 709.2209, 715.105, 717.101, 717.1201, 718.111, 17 719.108, 720.303, 720.3033, 720.3075, 738.505, 18 812.141, 828.30, 921.0022, 938.10, 985.433, 1001.372, 19 1001.47, 1001.706, 1002.33, 1002.394, 1002.395, 20 1004.44, 1004.647, 1004.6499, 1004.64991, 1004.76, 21 1006.07, 1006.28, 1008.34, 1009.23, 1009.895, 22 1011.804, 1012.22, and 1012.55, F.S; reenacting and 23 amending s. 394.467, F.S.; reenacting ss. 569.31, 24 895.02(8), 1003.485, and 1012.315, F.S.; and repealing 25 s. 331.370, F.S.; deleting provisions that have 26 expired, have become obsolete, have had their effect, 27 have served their purpose, or have been impliedly 28 repealed or superseded; replacing incorrect cross 29 references and citations; correcting grammatical, 30 typographical, and like errors; removing 31 inconsistencies, redundancies, and unnecessary 32 repetition in the statutes; and improving the clarity 33 of the statutes and facilitating their correct 34 interpretation; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1.Paragraph (b) of subsection (3) of section 39 17.69, Florida Statutes, is amended to read: 40 17.69Federal Tax Liaison. 41 (3)The Federal Tax Liaison may: 42 (b)Direct taxpayers to the proper division or office 43 within the Internal Revenue Service in order to facilitate 44 timely resolution of to taxpayer issues. 45 Revisers note.Amended to confirm an editorial substitution to 46 improve clarity. 47 Section 2.Subsection (2) of section 30.61, Florida 48 Statutes, is amended to read: 49 30.61Establishment of civilian oversight boards. 50 (2)The board must be composed of at least three and up to 51 seven members appointed by the sheriff, one of whom which shall 52 be a retired law enforcement officer. 53 Revisers note.Amended to confirm an editorial substitution to 54 conform to context. 55 Section 3.Paragraph (c) of subsection (4) of section 56 39.5035, Florida Statutes, is amended to read: 57 39.5035Deceased parents; special procedures. 58 (4)Notice of the date, time, and place of the adjudicatory 59 hearing and a copy of the petition must be served on the 60 following persons: 61 (c)The guardian ad litem for the child or the 62 representative of the Statewide Guardian ad Litem Office 63 guardian ad litem program, if the office program has been 64 appointed. 65 Revisers note.Amended pursuant to the directive of the 66 Legislature in s. 61, ch. 2024-70, Laws of Florida, to the 67 Division of Law Revision to prepare a revisers bill for 68 the 2025 Regular Session of the Legislature to change the 69 terms Guardian ad Litem Program and State Guardian ad 70 Litem Program throughout the Florida Statutes to 71 Statewide Guardian ad Litem Office. 72 Section 4.Paragraph (a) of subsection (2) of section 73 39.822, Florida Statutes, is amended to read: 74 39.822Appointment of guardian ad litem for abused, 75 abandoned, or neglected child. 76 (2)(a)A guardian ad litem must: 77 1.Be present at all court hearings unless excused by the 78 court. 79 2.Investigate issues related to the best interest of the 80 child who is the subject of the appointment, review all 81 disposition recommendations and changes in placement, and, 82 unless excused by the court, file written reports and 83 recommendations in accordance with general law. 84 3.Represent the child until the courts jurisdiction over 85 the child terminates or until excused by the court. 86 4.Advocate for the childs participation in the 87 proceedings and to report the childs preferences to the court, 88 to the extent the child has the ability and desire to express 89 his or her preferences. 90 5.Perform other duties that are consistent with the scope 91 of the appointment. 92 Revisers note.Amended to confirm an editorial deletion to 93 improve clarity. 94 Section 5.Paragraph (b) of subsection (2) of section 95 39.8296, Florida Statutes, is amended to read: 96 39.8296Statewide Guardian ad Litem Office; legislative 97 findings and intent; creation; appointment of executive 98 director; duties of office. 99 (2)STATEWIDE GUARDIAN AD LITEM OFFICE.There is created a 100 Statewide Guardian ad Litem Office within the Justice 101 Administrative Commission. The Justice Administrative Commission 102 shall provide administrative support and service to the office 103 to the extent requested by the executive director within the 104 available resources of the commission. The Statewide Guardian ad 105 Litem Office is not subject to control, supervision, or 106 direction by the Justice Administrative Commission in the 107 performance of its duties, but the employees of the office are 108 governed by the classification plan and salary and benefits plan 109 approved by the Justice Administrative Commission. 110 (b)The Statewide Guardian ad Litem Office shall, within 111 available resources, have oversight responsibilities for and 112 provide technical assistance to all guardian ad litem and 113 attorney ad litem offices located within the judicial circuits. 114 1.The office shall identify the resources required to 115 implement methods of collecting, reporting, and tracking 116 reliable and consistent case data. 117 2.The office shall review the current guardian ad litem 118 offices in Florida and other states. 119 3.The office, in consultation with local guardian ad litem 120 offices, shall develop statewide performance measures and 121 standards. 122 4.The office shall develop and maintain a guardian ad 123 litem training program, which must be updated regularly. 124 5.The office shall review the various methods of funding 125 guardian ad litem offices, maximize the use of those funding 126 sources to the extent possible, and review the kinds of services 127 being provided by circuit guardian ad litem offices. 128 6.The office shall determine the feasibility or 129 desirability of new concepts of organization, administration, 130 financing, or service delivery designed to preserve the civil 131 and constitutional rights and fulfill other needs of dependent 132 children. 133 7.The office shall ensure that each child has an attorney 134 assigned to his or her case and, within available resources, is 135 represented using multidisciplinary teams that may include 136 volunteers, pro bono attorneys, social workers, and mentors. 137 8.The office shall provide oversight and technical 138 assistance to attorneys ad litem, including, but not limited to, 139 all of the following: 140 a.Development of Develop an attorney ad litem training 141 program in collaboration with dependency court stakeholders, 142 including, but not limited to, dependency judges, 143 representatives from legal aid providing attorney ad litem 144 representation, and an attorney ad litem appointed from a 145 registry maintained by the chief judge. The training program 146 must be updated regularly with or without convening the 147 stakeholders group. 148 b.Offering Offer consultation and technical assistance to 149 chief judges in maintaining attorney registries for the 150 selection of attorneys ad litem. 151 c.Assistance Assist with recruitment, training, and 152 mentoring of attorneys ad litem as needed. 153 9.In an effort to promote normalcy and establish trust 154 between a guardian ad litem and a child alleged to be abused, 155 abandoned, or neglected under this chapter, a guardian ad litem 156 may transport a child. However, a guardian ad litem may not be 157 required by a guardian ad litem circuit office or ordered by a 158 court to transport a child. 159 10.The office shall submit to the Governor, the President 160 of the Senate, the Speaker of the House of Representatives, and 161 the Chief Justice of the Supreme Court an interim report 162 describing the progress of the office in meeting the goals as 163 described in this section. The office shall submit to the 164 Governor, the President of the Senate, the Speaker of the House 165 of Representatives, and the Chief Justice of the Supreme Court a 166 proposed plan including alternatives for meeting the states 167 guardian ad litem and attorney ad litem needs. This plan may 168 include recommendations for less than the entire state, may 169 include a phase-in system, and shall include estimates of the 170 cost of each of the alternatives. Each year the office shall 171 provide a status report and provide further recommendations to 172 address the need for guardian ad litem representation and 173 related issues. 174 Revisers note.Amended to improve structure. 175 Section 6.Section 50.051, Florida Statutes, is amended to 176 read: 177 50.051Proof of publication; form of uniform affidavit.The 178 printed form upon which all such affidavits establishing proof 179 of publication are to be executed shall be substantially as 180 follows: 181 182 NAME OF COUNTY 183 184 STATE OF FLORIDA 185 186 COUNTY OF ....: 187 Before the undersigned authority personally appeared ...., 188 who on oath says that he or she is .... of .... County, Florida; 189 that the attached copy of advertisement, being a .... in the 190 matter of .... in the .... Court, was published on the publicly 191 accessible website of .... County, Florida, or in a newspaper by 192 print in the issues of .... on ...(date).... 193 Affiant further says that the website or newspaper complies 194 with all legal requirements for publication in chapter 50, 195 Florida Statutes. 196 197 Sworn to and subscribed before me this .... day of ...., 198 ...(year)..., by ...., who is personally known to me or who has 199 produced ...(type of identification)... as identification. 200 201 ...(Signature of Notary Public)... 202 203 ...(Print, Type, or Stamp Commissioned Name of Notary Public)... 204 205 ...(Notary Public)... 206 Revisers note.Amended to conform to general style in forms. 207 Section 7.Paragraph (e) of subsection (3) of section 208 119.071, Florida Statutes, is amended to read: 209 119.071General exemptions from inspection or copying of 210 public records. 211 (3)SECURITY AND FIRESAFETY. 212 (e)1.a.Building plans, blueprints, schematic drawings, and 213 diagrams, including draft, preliminary, and final formats, which 214 depict the structural elements of 911, E911, or public safety 215 radio communication system infrastructure, including towers, 216 antennas antennae, equipment or facilities used to provide 911, 217 E911, or public safety radio communication services, or other 218 911, E911, or public safety radio communication structures or 219 facilities owned and operated by an agency are exempt from s. 220 119.07(1) and s. 24(a), Art. I of the 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 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 system 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 250 911, 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 competent 253 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 term 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 Revisers 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 Statutes, is amended to read: 271 121.051Participation 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 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 officer 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 employee of the University Athletic Association, 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 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 Security 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 Florida 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 System 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 remaining 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 of the Florida Retirement System on November 30, 1970, shall be 351 paid into the system trust fund and added to the members 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 charged 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 would 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 remaining unpaid on said date. 376 e.The administrator shall request such modification of the 377 states agreement with the Social Security Administration, or 378 any referendum required under the Social Security Act governing 379 social security coverage, as may be required to implement the 380 provisions of this law. Retroactive social security coverage for 381 service with an employer prior to November 30, 1970, shall not 382 be provided for any member who was not covered under the 383 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 officer 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 desire 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 member of this system 399 shall continue to be covered under the existing system, subject 400 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, 1975, 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 shall 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 System 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 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 until 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 the 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 Administrative 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 transfer membership from 450 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 to 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 Revisers note.Amended to delete obsolete language. 465 Section 9.Subsection (5) of section 121.71, Florida 466 Statutes, is amended to read: 467 121.71Uniform 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 ofGrossCompensation,EffectiveJuly 1, 2024 474 475 Regular Class 4.84% 476 Special Risk Class 12.07% 477 Special RiskAdministrativeSupport Class 26.22% 478 Elected Officers ClassLegislators, Governor,Lt. Governor,Cabinet Officers,State Attorneys,Public Defenders 50.21% 479 Elected Officers ClassJustices, Judges 28.49% 480 Elected Officers ClassCounty Elected Officers 44.23% 481 Senior Management Service Class 23.90% 482 DROP 10.64% 483 Revisers 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: 488 154.506Primary care for children and families challenge 489 grant awards. 490 (1)Primary care for children and families challenge grants 491 shall be awarded on a matching basis. The county or counties 492 shall provide $1 in local matching funds for each $2 grant 493 payment made by the state. Except as provided in subsection (2), 494 up to 50 percent of the county match may be in-kind in the form 495 of free hospital and physician services. However, a county shall 496 not supplant the value of donated services in fiscal year 1996 497 as documented in the volunteer health care provider program 498 annual report. The department shall develop a methodology for 499 determining the value of an in-kind match. Any third party 500 reimbursement and all fees collected shall not be considered 501 local match or in-kind contributions. Fifty percent of the local 502 match shall be in the form of cash. 503 (3)Grant awards shall be based on a countys population 504 size, or each individual countys 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 Revisers 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: 511 159.8053Issuance 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 Revisers note.Amended to confirm an editorial insertion to 523 improve clarity. 524 Section 12.Subsection (1) of section 159.811, Florida 525 Statutes, is amended to read: 526 159.811Fees; trust fund. 527 (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 divisions schedule of 536 fees and expenses in s. 215.65(3). 537 Revisers note.Amended to confirm an editorial insertion to 538 improve clarity. 539 Section 13.Subsection (2) of section 175.032, Florida 540 Statutes, is amended to read: 541 175.032Definitions.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 average 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 consistently applied. 553 (b)A volunteer firefighter means the average salary of the 554 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 Revisers 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: 561 177.073Expedited 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 plan 565 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 Revisers 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: 571 193.703Reduction 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 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 the 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 to pay the taxes, penalties, and interest. Such lien is subject 603 to s. 196.161(3). 604 Revisers 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: 608 196.011Annual application required for exemption. 609 (1)(a)Except as provided in s. 196.081(1)(b), every person 610 or organization who, on January 1, has the legal title to real 611 or personal property, except inventory, which is entitled by law 612 to exemption from taxation as a result of its ownership and use 613 shall, on or before March 1 of each year, file an application 614 for exemption with the county property appraiser, listing and 615 describing the property for which exemption is claimed and 616 certifying its ownership and use. The Department of Revenue 617 shall prescribe the forms upon which the application is made. 618 Failure to make application, when required, on or before March 1 619 of any year shall constitute a waiver of the exemption privilege 620 for that year, except as provided in subsection (8) (7) or 621 subsection (9). 622 (b)The form to apply for an exemption under s. 196.031, s. 623 196.081, s. 196.091, s. 196.101, s. 196.102, s. 196.173, or s. 624 196.202 must include a space for the applicant to list the 625 social security number of the applicant and of the applicants 626 spouse, if any. If an applicant files a timely and otherwise 627 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 Revisers 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: 639 196.1978Affordable housing property exemption. 640 (4) 641 (b)The multifamily project 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 persons or families meeting the 652 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 each 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 Revisers 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: 676 215.55871My Safe Florida Condominium Pilot Program.There 677 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 inspections 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 condominiums 693 resistance to hurricane damage. 694 (c)An association awarded a grant must complete the entire 695 mitigation project in order to receive the final grant award and 696 must agree to make the property available for a final inspection 697 once the mitigation project is finished to ensure the mitigation 698 improvements are completed in a manner matter consistent with 699 the intent of the pilot program and meet or exceed the 700 applicable Florida Building Code requirements. Construction must 701 be completed and the association must submit a request to the 702 department for a final inspection, or request an extension of 703 time, within 1 year after receiving grant approval. If the 704 association fails to comply with this paragraph, the application 705 is deemed abandoned and the grant money reverts back to the 706 department. 707 Revisers 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: 711 280.051Grounds 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 penalty. 726 (6)Has failed to furnish the Chief Financial Officer with 727 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, when 734 the Chief Financial Officer requested, with a power of attorney 735 or bond power or other bond assignment form required by the bond 736 agent, bond trustee, or other transferor for each issue of 737 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 agreement 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 (15)No longer meets the definition of a qualified public 753 depository under s. 280.02. 754 Revisers note.Amended to improve clarity. 755 Section 20.Paragraph (c) of subsection (1) of section 756 282.709, Florida Statutes, is amended to read: 757 282.709State agency law enforcement radio system and 758 interoperability network. 759 (1)The department may acquire 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 space 767 as necessary to locate equipment to support antennas antennae on 768 the towers. The costs for the use of such space shall be 769 established by the department for each site if it is determined 770 to be practicable and feasible to make space available. 771 3.The department may rent, lease, or sublease ground space 772 on lands acquired by the department for the construction of 773 privately owned or publicly owned towers. The department may, as 774 a part of such rental, lease, or sublease agreement, require 775 space on such towers for antennas antennae as necessary for the 776 construction and operation of the state agency law enforcement 777 radio system or any other state need. 778 4.All moneys collected by the department for rents, 779 leases, and subleases under this subsection shall be deposited 780 directly into the State Agency Law Enforcement Radio System 781 Trust Fund established in subsection (3) and may be used by the 782 department to construct, maintain, or support the system. 783 5.The positions necessary for the department to accomplish 784 its duties under this subsection shall be established in the 785 General Appropriations Act and funded by the Law Enforcement 786 Radio Operating Trust Fund or other revenue sources. 787 Revisers note.Amended to conform to the general usage of 788 antennas when referencing transducers and antennae when 789 referencing insect parts. 790 Section 21.Paragraph (a) of subsection (1) of section 791 284.51, Florida Statutes, is amended to read: 792 284.51Electroencephalogram combined transcranial magnetic 793 stimulation treatment pilot program. 794 (1)As used in this section, the term: 795 (a)Division means the Division of Risk Management of at 796 the Department of Financial Services. 797 Revisers note.Amended to confirm an editorial substitution to 798 improve clarity. 799 Section 22.Paragraphs (a) and (b) of subsection (4) of 800 section 286.0113, Florida Statutes, are amended to read: 801 286.0113General exemptions from public meetings. 802 (4)(a)Any portion of a meeting that would reveal building 803 plans, blueprints, schematic drawings, or diagrams, including 804 draft, preliminary, and final formats, which depict the 805 structural elements of 911, E911, or public safety radio 806 communication system infrastructure, including towers, antennas 807 antennae, equipment or facilities used to provide 911, E911, or 808 public safety radio communication services, or other 911, E911, 809 or public safety radio communication structures or facilities 810 made exempt by s. 119.071(3)(e)1.a. is exempt from s. 286.011 811 and s. 24, Art. I of the State Constitution. 812 (b)Any portion of a meeting that would reveal geographical 813 maps indicating the actual or proposed locations of 911, E911, 814 or public safety radio communication system infrastructure, 815 including towers, antennas antennae, equipment or facilities 816 used to provide 911, E911, or public safety radio communication 817 services, or other 911, E911, or public safety radio 818 communication structures or facilities made exempt by s. 819 119.071(3)(e)1.b. is exempt from s. 286.011 and s. 24, Art. I of 820 the State Constitution. 821 Revisers note.Amended to conform to the general usage of 822 antennas when referencing transducers and antennae when 823 referencing insect parts. 824 Section 23.Paragraph (a) of subsection (3) and subsection 825 (7) of section 288.102, Florida Statutes, are amended to read: 826 288.102Supply Chain Innovation Grant Program. 827 (3)(a)The department shall collaborate with the Department 828 of Transportation to review applications submitted and select 829 projects for awards which create strategic investments in 830 infrastructure to increase capacity and address freight mobility 831 to meet the economic development goals of the state. 832 (7)The Department of Commerce, in conjunction with the 833 Department of Transportation, shall annually provide a list of 834 each project awarded, the benefit of each project in meeting the 835 goals and objectives of the program, and the current status of 836 each project. The department shall include such information in 837 its annual incentives report required under s. 288.0065 20.0065. 838 Revisers note.Paragraph (3)(a) is amended to confirm an 839 editorial insertion to facilitate correct interpretation. 840 Subsection (7) is amended to conform to the fact that s. 841 20.0065 does not exist, and s. 288.0065 provides for the 842 departments annual incentives report. 843 Section 24.Paragraph (b) of subsection (2) of section 844 288.987, Florida Statutes, is amended to read: 845 288.987Florida Defense Support. 846 (2) 847 (b)The direct-support organization is organized and 848 operated to request, receive, hold, invest, and administer 849 property and to manage and make expenditures related to its 850 mission and for joint planning with host communities to 851 accommodate military missions and prevent base encroachment, 852 provide advocacy on the states behalf with federal civilian and 853 military officials, promote promotion of the state to military 854 and related contractors and employers, and support of economic 855 and product research and development activities of the defense 856 industry. 857 Revisers note.Amended to confirm an editorial substitution and 858 an editorial deletion to improve clarity. 859 Section 25.Paragraphs (b) and (c) of subsection (4) of 860 section 316.0083, Florida Statutes, are amended to read: 861 316.0083Mark Wandall Traffic Safety Program; 862 administration; report. 863 (4) 864 (b)Each county or municipality that operates a traffic 865 infraction detector shall submit a report by October 1, 2012, 866 and annually thereafter, to the department which details the 867 results of using the traffic infraction detector and the 868 procedures for enforcement for the preceding state fiscal year. 869 The information submitted by the counties and municipalities 870 must include: 871 1.The number of notices of violation issued, the number 872 that were contested, the number that were upheld, the number 873 that were dismissed, the number that were issued as uniform 874 traffic citations, the number that were paid, and the number in 875 each of the preceding categories for which the notice of 876 violation was issued for a right-hand turn violation. 877 2.A description of alternative safety countermeasures 878 taken before and after the placement or installation of a 879 traffic infraction detector. 880 3.Statistical data and information required by the 881 department to complete the summary report required under 882 paragraph (c). 883 884 The department must publish each report submitted by a county or 885 municipality pursuant to this paragraph on its website. 886 (c)On or before December 31, 2012, and annually 887 thereafter, the department shall provide a summary report to the 888 Governor, the President of the Senate, and the Speaker of the 889 House of Representatives regarding the use and operation of 890 traffic infraction detectors under this section, along with the 891 departments recommendations and any necessary legislation. The 892 summary report must include a review of the information 893 submitted to the department by the counties and municipalities 894 and must describe the enhancement of the traffic safety and 895 enforcement programs. 896 Revisers note.Amended to delete obsolete language. 897 Section 26.Paragraph (y) of subsection (1) of section 898 319.30, Florida Statutes, is amended to read: 899 319.30Definitions; dismantling, destruction, change of 900 identity of motor vehicle, vessel, or mobile home; salvage. 901 (1)As used in this section, the term: 902 (y)Vessel has the same meaning as in s. 713.78(1)(h) 903 713.78(1)(b). 904 Revisers note.Amended to conform to the redesignation of s. 905 713.78(1)(b) as s. 713.78(1)(h) by s. 5, ch. 2024-27, Laws 906 of Florida. 907 Section 27.Paragraph (b) of subsection (130) of section 908 320.08058, Florida Statutes, is amended to read: 909 320.08058Specialty license plates. 910 (130)THE VILLAGES: MAY ALL YOUR DREAMS COME TRUE LICENSE 911 PLATES. 912 (b)The annual use fees from the sale of the plate must be 913 distributed to The Villages Charter School, Inc., a Florida 914 nonprofit corporation. Up to 10 percent of the fees may be used 915 for administrative costs and marketing of the plate. The 916 remaining funds must be distributed with the approval of and 917 accountability to the board of directors of The Villages Charter 918 School, Inc., and must be used to provide support to The 919 Villages Charter School, Inc., as it provides K-12 education. 920 Revisers note.Amended to confirm an editorial insertion to 921 conform to the complete name of the corporation. 922 Section 28.Paragraph (d) of subsection (3) of section 923 322.27, Florida Statutes, is amended to read: 924 322.27Authority of department to suspend or revoke driver 925 license or identification card. 926 (3)There is established a point system for evaluation of 927 convictions of violations of motor vehicle laws or ordinances, 928 and violations of applicable provisions of s. 403.413(6)(b) when 929 such violations involve the use of motor vehicles, for the 930 determination of the continuing qualification of any person to 931 operate a motor vehicle. The department is authorized to suspend 932 the license of any person upon showing of its records or other 933 good and sufficient evidence that the licensee has been 934 convicted of violation of motor vehicle laws or ordinances, or 935 applicable provisions of s. 403.413(6)(b), amounting to 12 or 936 more points as determined by the point system. The suspension 937 shall be for a period of not more than 1 year. 938 (d)The point system shall have as its basic element a 939 graduated scale of points assigning relative values to 940 convictions of the following violations: 941 1.Reckless driving, willful and wanton4 points. 942 2.Leaving the scene of a crash resulting in property 943 damage of more than $506 points. 944 3.Unlawful speed, or unlawful use of a wireless 945 communications device, resulting in a crash6 points. 946 4.Passing a stopped school bus: 947 a.Not causing or resulting in serious bodily injury to or 948 death of another4 points. 949 b.Causing or resulting in serious bodily injury to or 950 death of another6 points. 951 c.Points may not be imposed for a violation of passing a 952 stopped school bus as provided in s. 316.172(1)(a) or (b) when 953 enforced by a school bus infraction detection system pursuant to 954 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) 955 when enforced by a school bus infraction detection system 956 pursuant to s. 316.173 may not be used for purposes of setting 957 motor vehicle insurance rates. 958 5.Unlawful speed: 959 a.Not in excess of 15 miles per hour of lawful or posted 960 speed3 points. 961 b.In excess of 15 miles per hour of lawful or posted 962 speed4 points. 963 c.Points may not be imposed for a violation of unlawful 964 speed as provided in s. 316.1895 or s. 316.183 when enforced by 965 a traffic infraction enforcement officer pursuant to s. 966 316.1896. In addition, a violation of s. 316.1895 or s. 316.183 967 when enforced by a traffic infraction enforcement officer 968 pursuant to s. 316.1896 may not be used for purposes of setting 969 motor vehicle insurance rates. 970 6.A violation of a traffic control signal device as 971 provided in s. 316.074(1) or s. 316.075(1)(c)1.4 points. 972 However, points may not be imposed for a violation of s. 973 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 974 stop at a traffic signal and when enforced by a traffic 975 infraction enforcement officer. In addition, a violation of s. 976 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 977 stop at a traffic signal and when enforced by a traffic 978 infraction enforcement officer may not be used for purposes of 979 setting motor vehicle insurance rates. 980 7.Unlawfully driving a vehicle through a railroad-highway 981 grade crossing6 points. 982 8.All other moving violations (including parking on a 983 highway outside the limits of a municipality)3 points. However, 984 points may not be imposed for a violation of s. 316.0741 or s. 985 316.2065(11); and points may be imposed for a violation of s. 986 316.1001 only when imposed by the court after a hearing pursuant 987 to s. 318.14(5). 988 9.Any moving violation covered in this paragraph, 989 excluding unlawful speed and unlawful use of a wireless 990 communications device, resulting in a crash4 points. 991 10.Any conviction under s. 403.413(6)(b)3 points. 992 11.Any conviction under s. 316.0775(2)4 points. 993 12.A moving violation covered in this paragraph which is 994 committed in conjunction with the unlawful use of a wireless 995 communications device within a school safety zone2 points, in 996 addition to the points assigned for the moving violation. 997 Revisers note.Amended to confirm an editorial insertion to 998 improve clarity. 999 Section 29.Subsection (6) of section 322.76, Florida 1000 Statutes, is amended to read: 1001 322.76Clerk of Court Driver License Reinstatement Pilot 1002 Program in Miami-Dade County.There is created in Miami-Dade 1003 County the Clerk of Court Driver License Reinstatement Pilot 1004 Program. 1005 (6)By December 31, 2025, the clerk must submit to the 1006 Governor, the President of the Senate, the Speaker of the House 1007 of Representatives, and the Executive Director of the Florida 1008 Clerks of Court Operations Corporation a report containing the 1009 following information: 1010 (a)Number of driver license reinstatements. 1011 (b)Amount of fees and costs collected, including the 1012 aggregate funds received by the clerk, local governmental 1013 entities, and state entities, including the General Revenue 1014 Fund. 1015 (c)The personnel, operating, and other expenditures 1016 incurred by the clerk. 1017 (d)Feedback received from the community, if any, in 1018 response to the clerks participation in the pilot program. 1019 (e)Whether the pilot program led to improved timeliness 1020 for the reinstatement of driver licenses. 1021 (f)The clerks recommendation as to whether the pilot 1022 program should be extended in Miami-Dade County or to other 1023 clerks offices. 1024 (g)Any other information the clerk deems necessary. 1025 Revisers note.Amended to confirm an editorial insertion to 1026 improve clarity. 1027 Section 30.Paragraph (a) of subsection (2) of section 1028 330.41, Florida Statutes, is amended to read: 1029 330.41Unmanned Aircraft Systems Act. 1030 (2)DEFINITIONS.As used in this act, the term: 1031 (a)Critical infrastructure facility means any of the 1032 following, if completely enclosed by a fence or other physical 1033 barrier that is obviously designed to exclude intruders, or if 1034 clearly marked with a sign or signs which indicate that entry is 1035 forbidden and which are posted on the property in a manner 1036 reasonably likely to come to the attention of intruders: 1037 1.A power generation or transmission facility, substation, 1038 switching station, or electrical control center. 1039 2.A chemical or rubber manufacturing or storage facility. 1040 3.A water intake structure, water treatment facility, 1041 wastewater treatment plant, or pump station. 1042 4.A mining facility. 1043 5.A natural gas or compressed gas compressor station, 1044 storage facility, or natural gas or compressed gas pipeline. 1045 6.A liquid natural gas or propane gas terminal or storage 1046 facility. 1047 7.Any portion of an aboveground oil or gas pipeline. 1048 8.A refinery. 1049 9.A gas processing plant, including a plant used in the 1050 processing, treatment, or fractionation of natural gas. 1051 10.A wireless communications facility, including the 1052 tower, antennas antennae, support structures, and all associated 1053 ground-based equipment. 1054 11.A seaport as listed in s. 311.09(1), which need not be 1055 completely enclosed by a fence or other physical barrier and 1056 need not be marked with a sign or signs indicating that entry is 1057 forbidden. 1058 12.An inland port or other facility or group of facilities 1059 serving as a point of intermodal transfer of freight in a 1060 specific area physically separated from a seaport. 1061 13.An airport as defined in s. 330.27. 1062 14.A spaceport territory as defined in s. 331.303(19). 1063 15.A military installation as defined in 10 U.S.C. s. 1064 2801(c)(4) and an armory as defined in s. 250.01. 1065 16.A dam as defined in s. 373.403(1) or other structures, 1066 such as locks, floodgates, or dikes, which are designed to 1067 maintain or control the level of navigable waterways. 1068 17.A state correctional institution as defined in s. 1069 944.02 or a contractor-operated correctional facility authorized 1070 under chapter 957. 1071 18.A secure detention center or facility as defined in s. 1072 985.03, or a moderate-risk residential facility, a high-risk 1073 residential facility, or a maximum-risk residential facility as 1074 those terms are described in s. 985.03(44). 1075 19.A county detention facility as defined in s. 951.23. 1076 20.A critical infrastructure facility as defined in s. 1077 692.201. 1078 Revisers note.Amended to conform to the general usage of 1079 antennas when referencing transducers and antennae when 1080 referencing insect parts. 1081 Section 31.Section 331.370, Florida Statutes, is repealed. 1082 Revisers note.The cited section, which relates to specified 1083 space and aerospace infrastructure improvements from funds 1084 provided in Specific Appropriation 2649 of ch. 2008-152, 1085 Laws of Florida, is obsolete, as there are no funds still 1086 in usage from the specified appropriation. 1087 Section 32.Subsection (5) of section 337.195, Florida 1088 Statutes, is amended to read: 1089 337.195Limits on liability. 1090 (5)If, in any civil action for death, injury, or damages, 1091 the department of Transportation or a contractor or design 1092 engineer is determined to be immune from liability pursuant to 1093 this section, the department, contractor, or design engineer may 1094 not be named on the jury verdict form or be found to be at fault 1095 or responsible for the injury, death, or damage that gave rise 1096 to the damages for the theory of liability from which the 1097 department, contractor, or design engineer was found to be 1098 immune. 1099 Revisers note.Amended to confirm an editorial substitution to 1100 conform to the revision of all other references in s. 1101 337.195 by s. 10, ch. 2024-173, Laws of Florida. For 1102 purposes of the Florida Transportation Code, s. 334.03(9) 1103 defines department as the Department of Transportation. 1104 Section 33.Paragraph (b) of subsection (3) of section 1105 341.302, Florida Statutes, is amended to read: 1106 341.302Rail program; duties and responsibilities of the 1107 department.The department, in conjunction with other 1108 governmental entities, including the rail enterprise and the 1109 private sector, shall develop and implement a rail program of 1110 statewide application designed to ensure the proper maintenance, 1111 safety, revitalization, and expansion of the rail system to 1112 assure its continued and increased availability to respond to 1113 statewide mobility needs. Within the resources provided pursuant 1114 to chapter 216, and as authorized under federal law, the 1115 department shall: 1116 (3)Develop and periodically update the rail system plan, 1117 on the basis of an analysis of statewide transportation needs. 1118 (b)In recognition of the departments role in the 1119 enhancement of the states rail system to improve freight and 1120 passenger mobility, the department shall: 1121 1.Work closely with all affected communities along an 1122 impacted freight rail corridor to identify and address 1123 anticipated impacts associated with an increase in freight rail 1124 traffic due to implementation of passenger rail. 1125 2.In coordination with the affected local governments and 1126 CSX Transportation, Inc., finalize all viable alternatives from 1127 the departments Rail Traffic Evaluation Study to identify and 1128 develop an alternative route for through freight rail traffic 1129 moving through Central Florida, including the counties of Polk 1130 and Hillsborough, which would address, to the extent 1131 practicable, the effects of commuter rail. 1132 3.Provide technical assistance to a coalition of local 1133 governments in Central Florida, including the counties of 1134 Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange, 1135 Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole, 1136 Sumter, and Volusia, and the municipalities within those 1137 counties, to develop a regional rail system plan that addresses 1138 passenger and freight opportunities in the region, is consistent 1139 with the Florida Rail System Plan, and incorporates appropriate 1140 elements of the Tampa Bay Area Regional Authority Master Plan, 1141 the Metroplan Orlando Regional Transit System Concept Plan, 1142 including the SunRail project, and the Florida Department of 1143 Transportation Alternate Rail Traffic Evaluation. 1144 Revisers note.Amended to conform to the repeal of part III, 1145 chapter 343, the Tampa Bay Area Regional Transit Authority 1146 Act, by s. 1, ch. 2023-143, Laws of Florida, and 1147 dissolution of the authority effective June 30, 2024, by s. 1148 2, ch. 2023-143. 1149 Section 34.Paragraphs (f), (j), (dd), and (ii) of 1150 subsection (3) and paragraphs (a) and (b) of subsection (13) of 1151 section 365.172, Florida Statutes, are amended to read: 1152 365.172Emergency communications. 1153 (3)DEFINITIONS.Only as used in this section and ss. 1154 365.171, 365.173, 365.174, and 365.177, the term: 1155 (f)Colocation means the situation when a second or 1156 subsequent wireless provider uses an existing structure to 1157 locate a second or subsequent antennas antennae. The term 1158 includes the ground, platform, or roof installation of equipment 1159 enclosures, cabinets, or buildings, and cables, brackets, and 1160 other equipment associated with the location and operation of 1161 the antennas antennae. 1162 (j)Existing structure means a structure that exists at 1163 the time an application for permission to place antennas 1164 antennae on a structure is filed with a local government. The 1165 term includes any structure that can structurally support the 1166 attachment of antennas antennae in compliance with applicable 1167 codes. 1168 (dd)Tower means any structure designed primarily to 1169 support a wireless providers antennas antennae. 1170 (ii)Wireless communications facility means any equipment 1171 or facility used to provide service and may include, but is not 1172 limited to, antennas antennae, towers, equipment enclosures, 1173 cabling, antenna brackets, and other such equipment. Placing a 1174 wireless communications facility on an existing structure does 1175 not cause the existing structure to become a wireless 1176 communications facility. 1177 (13)FACILITATING EMERGENCY COMMUNICATIONS SERVICE 1178 IMPLEMENTATION.To balance the public need for reliable 1179 emergency communications services through reliable wireless 1180 systems and the public interest served by governmental zoning 1181 and land development regulations and notwithstanding any other 1182 law or local ordinance to the contrary, the following standards 1183 shall apply to a local governments actions, as a regulatory 1184 body, in the regulation of the placement, construction, or 1185 modification of a wireless communications facility. This 1186 subsection may not, however, be construed to waive or alter the 1187 provisions of s. 286.011 or s. 286.0115. For the purposes of 1188 this subsection only, local government shall mean any 1189 municipality or county and any agency of a municipality or 1190 county only. The term local government does not, however, 1191 include any airport, as defined by s. 330.27(2), even if it is 1192 owned or controlled by or through a municipality, county, or 1193 agency of a municipality or county. Further, notwithstanding 1194 anything in this section to the contrary, this subsection does 1195 not apply to or control a local governments actions as a 1196 property or structure owner in the use of any property or 1197 structure owned by such entity for the placement, construction, 1198 or modification of wireless communications facilities. In the 1199 use of property or structures owned by the local government, 1200 however, a local government may not use its regulatory authority 1201 so as to avoid compliance with, or in a manner that does not 1202 advance, the provisions of this subsection. 1203 (a)Colocation among wireless providers is encouraged by 1204 the state. 1205 1.a.Colocations on towers, including nonconforming towers, 1206 that meet the requirements in sub-sub-subparagraphs (I), (II), 1207 and (III), are subject to only building permit review, which may 1208 include a review for compliance with this subparagraph. Such 1209 colocations are not subject to any design or placement 1210 requirements of the local governments land development 1211 regulations in effect at the time of the colocation that are 1212 more restrictive than those in effect at the time of the initial 1213 antennas antennae placement approval, to any other portion of 1214 the land development regulations, or to public hearing review. 1215 This sub-subparagraph may not preclude a public hearing for any 1216 appeal of the decision on the colocation application. 1217 (I)The colocation does not increase the height of the 1218 tower to which the antennas antennae are to be attached, 1219 measured to the highest point of any part of the tower or any 1220 existing antenna attached to the tower; 1221 (II)The colocation does not increase the ground space 1222 area, commonly known as the compound, approved in the site plan 1223 for equipment enclosures and ancillary facilities; and 1224 (III)The colocation consists of antennas antennae, 1225 equipment enclosures, and ancillary facilities that are of a 1226 design and configuration consistent with all applicable 1227 regulations, restrictions, or conditions, if any, applied to the 1228 initial antennas antennae placed on the tower and to its 1229 accompanying equipment enclosures and ancillary facilities and, 1230 if applicable, applied to the tower supporting the antennas 1231 antennae. Such regulations may include the design and aesthetic 1232 requirements, but not procedural requirements, other than those 1233 authorized by this section, of the local governments land 1234 development regulations in effect at the time the initial 1235 antennas antennae placement was approved. 1236 b.Except for a historic building, structure, site, object, 1237 or district, or a tower included in sub-subparagraph a., 1238 colocations on all other existing structures that meet the 1239 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject 1240 to no more than building permit review, and an administrative 1241 review for compliance with this subparagraph. Such colocations 1242 are not subject to any portion of the local governments land 1243 development regulations not addressed herein, or to public 1244 hearing review. This sub-subparagraph may not preclude a public 1245 hearing for any appeal of the decision on the colocation 1246 application. 1247 (I)The colocation does not increase the height of the 1248 existing structure to which the antennas antennae are to be 1249 attached, measured to the highest point of any part of the 1250 structure or any existing antenna attached to the structure; 1251 (II)The colocation does not increase the ground space 1252 area, otherwise known as the compound, if any, approved in the 1253 site plan for equipment enclosures and ancillary facilities; 1254 (III)The colocation consists of antennas antennae, 1255 equipment enclosures, and ancillary facilities that are of a 1256 design and configuration consistent with any applicable 1257 structural or aesthetic design requirements and any requirements 1258 for location on the structure, but not prohibitions or 1259 restrictions on the placement of additional colocations on the 1260 existing structure or procedural requirements, other than those 1261 authorized by this section, of the local governments land 1262 development regulations in effect at the time of the colocation 1263 application; and 1264 (IV)The colocation consists of antennas antennae, 1265 equipment enclosures, and ancillary facilities that are of a 1266 design and configuration consistent with all applicable 1267 restrictions or conditions, if any, that do not conflict with 1268 sub-sub-subparagraph (III) and were applied to the initial 1269 antennas antennae placed on the structure and to its 1270 accompanying equipment enclosures and ancillary facilities and, 1271 if applicable, applied to the structure supporting the antennas 1272 antennae. 1273 c.Regulations, restrictions, conditions, or permits of the 1274 local government, acting in its regulatory capacity, that limit 1275 the number of colocations or require review processes 1276 inconsistent with this subsection do not apply to colocations 1277 addressed in this subparagraph. 1278 d.If only a portion of the colocation does not meet the 1279 requirements of this subparagraph, such as an increase in the 1280 height of the proposed antennas antennae over the existing 1281 structure height or a proposal to expand the ground space 1282 approved in the site plan for the equipment enclosure, where all 1283 other portions of the colocation meet the requirements of this 1284 subparagraph, that portion of the colocation only may be 1285 reviewed under the local governments regulations applicable to 1286 an initial placement of that portion of the facility, including, 1287 but not limited to, its land development regulations, and within 1288 the review timeframes of subparagraph (d)2., and the rest of the 1289 colocation shall be reviewed in accordance with this 1290 subparagraph. A colocation proposal under this subparagraph that 1291 increases the ground space area, otherwise known as the 1292 compound, approved in the original site plan for equipment 1293 enclosures and ancillary facilities by no more than a cumulative 1294 amount of 400 square feet or 50 percent of the original compound 1295 size, whichever is greater, shall, however, require no more than 1296 administrative review for compliance with the local governments 1297 regulations, including, but not limited to, land development 1298 regulations review, and building permit review, with no public 1299 hearing review. This sub-subparagraph does not preclude a public 1300 hearing for any appeal of the decision on the colocation 1301 application. 1302 2.If a colocation does not meet the requirements of 1303 subparagraph 1., the local government may review the application 1304 under the local governments regulations, including, but not 1305 limited to, land development regulations, applicable to the 1306 placement of initial antennas antennae and their accompanying 1307 equipment enclosure and ancillary facilities. 1308 3.If a colocation meets the requirements of subparagraph 1309 1., the colocation may not be considered a modification to an 1310 existing structure or an impermissible modification of a 1311 nonconforming structure. 1312 4.The owner of the existing tower on which the proposed 1313 antennas antennae are to be colocated shall remain responsible 1314 for compliance with any applicable condition or requirement of a 1315 permit or agreement, or any applicable condition or requirement 1316 of the land development regulations to which the existing tower 1317 had to comply at the time the tower was permitted, including any 1318 aesthetic requirements, provided the condition or requirement is 1319 not inconsistent with this paragraph. 1320 5.An existing tower, including a nonconforming tower, may 1321 be structurally modified in order to permit colocation or may be 1322 replaced through no more than administrative review and building 1323 permit review, and is not subject to public hearing review, if 1324 the overall height of the tower is not increased and, if a 1325 replacement, the replacement tower is a monopole tower or, if 1326 the existing tower is a camouflaged tower, the replacement tower 1327 is a like-camouflaged tower. This subparagraph may not preclude 1328 a public hearing for any appeal of the decision on the 1329 application. 1330 (b)1.A local governments land development and 1331 construction regulations for wireless communications facilities 1332 and the local governments review of an application for the 1333 placement, construction, or modification of a wireless 1334 communications facility shall only address land development or 1335 zoning issues. In such local government regulations or review, 1336 the local government may not require information on or evaluate 1337 a wireless providers business decisions about its service, 1338 customer demand for its service, or quality of its service to or 1339 from a particular area or site, unless the wireless provider 1340 voluntarily offers this information to the local government. In 1341 such local government regulations or review, a local government 1342 may not require information on or evaluate the wireless 1343 providers designed service unless the information or materials 1344 are directly related to an identified land development or zoning 1345 issue or unless the wireless provider voluntarily offers the 1346 information. Information or materials directly related to an 1347 identified land development or zoning issue may include, but are 1348 not limited to, evidence that no existing structure can 1349 reasonably be used for the antennas antennae placement instead 1350 of the construction of a new tower, that residential areas 1351 cannot be served from outside the residential area, as addressed 1352 in subparagraph 3., or that the proposed height of a new tower 1353 or initial antennas antennae placement or a proposed height 1354 increase of a modified tower, replacement tower, or colocation 1355 is necessary to provide the providers designed service. Nothing 1356 in this paragraph shall limit the local government from 1357 reviewing any applicable land development or zoning issue 1358 addressed in its adopted regulations that does not conflict with 1359 this section, including, but not limited to, aesthetics, 1360 landscaping, land use-based location priorities, structural 1361 design, and setbacks. 1362 2.Any setback or distance separation required of a tower 1363 may not exceed the minimum distance necessary, as determined by 1364 the local government, to satisfy the structural safety or 1365 aesthetic concerns that are to be protected by the setback or 1366 distance separation. 1367 3.A local government may exclude the placement of wireless 1368 communications facilities in a residential area or residential 1369 zoning district but only in a manner that does not constitute an 1370 actual or effective prohibition of the providers service in 1371 that residential area or zoning district. If a wireless provider 1372 demonstrates to the satisfaction of the local government that 1373 the provider cannot reasonably provide its service to the 1374 residential area or zone from outside the residential area or 1375 zone, the municipality or county and provider shall cooperate to 1376 determine an appropriate location for a wireless communications 1377 facility of an appropriate design within the residential area or 1378 zone. The local government may require that the wireless 1379 provider reimburse the reasonable costs incurred by the local 1380 government for this cooperative determination. An application 1381 for such cooperative determination may not be considered an 1382 application under paragraph (d). 1383 4.A local government may impose a reasonable fee on 1384 applications to place, construct, or modify a wireless 1385 communications facility only if a similar fee is imposed on 1386 applicants seeking other similar types of zoning, land use, or 1387 building permit review. A local government may impose fees for 1388 the review of applications for wireless communications 1389 facilities by consultants or experts who conduct code compliance 1390 review for the local government but any fee is limited to 1391 specifically identified reasonable expenses incurred in the 1392 review. A local government may impose reasonable surety 1393 requirements to ensure the removal of wireless communications 1394 facilities that are no longer being used. 1395 5.A local government may impose design requirements, such 1396 as requirements for designing towers to support colocation or 1397 aesthetic requirements, except as otherwise limited in this 1398 section, but may not impose or require information on compliance 1399 with building code type standards for the construction or 1400 modification of wireless communications facilities beyond those 1401 adopted by the local government under chapter 553 and that apply 1402 to all similar types of construction. 1403 Revisers note.Amended to conform to the general usage of 1404 antennas when referencing transducers and antennae when 1405 referencing insect parts. 1406 Section 35.Subsection (9) of section 373.250, Florida 1407 Statutes, is amended to read: 1408 373.250Reuse of reclaimed water. 1409 (9)To promote the use of reclaimed water and encourage 1410 quantifiable potable water offsets that produce significant 1411 water savings beyond those required in a consumptive use permit, 1412 each water management district, in coordination with the 1413 department, shall develop rules by December 31, 2025, which 1414 provide all of the following: 1415 (a)If an applicant proposes a water supply development or 1416 water resource development project using reclaimed water, that 1417 meets the advanced waste treatment standards for total nitrogen 1418 and total phosphorus phosphorous as defined in s. 403.086(4)(a), 1419 as part of an application for consumptive use, the applicant is 1420 eligible for a permit duration of up to 30 years if there is 1421 sufficient data to provide reasonable assurance that the 1422 conditions for permit issuance will be met for the duration of 1423 the permit. Rules developed pursuant to this paragraph must 1424 include, at a minimum: 1425 1.A requirement that the permittee demonstrate how 1426 quantifiable groundwater or surface water savings associated 1427 with the new water supply development or water resource 1428 development project either meet water demands beyond a 20-year 1429 permit duration or are completed for the purpose of meeting the 1430 requirements of an adopted recovery or prevention strategy; and 1431 2.Guidelines for a district to follow in determining the 1432 permit duration based on the projects implementation. 1433 1434 This paragraph does not limit the existing authority of a water 1435 management district to issue a shorter duration permit to 1436 protect from harm the water resources or ecology of the area, or 1437 to otherwise ensure compliance with the conditions for permit 1438 issuance. 1439 (b)Authorization for a consumptive use permittee to seek a 1440 permit extension of up to 10 years if the permittee proposes a 1441 water supply development or water resource development project 1442 using reclaimed water, that meets the advanced waste treatment 1443 standards for total nitrogen and total phosphorus phosphorous as 1444 defined in s. 403.086(4)(a), during the term of its permit which 1445 results in the reduction of groundwater or surface water 1446 withdrawals or is completed to benefit a waterbody with a 1447 minimum flow or minimum water level with a recovery or 1448 prevention strategy. Rules associated with this paragraph must 1449 include, at a minimum: 1450 1.A requirement that the permittee be in compliance with 1451 the permittees consumptive use permit; 1452 2.A requirement that the permittee demonstrate how the 1453 quantifiable groundwater or surface water savings associated 1454 with the new water supply development or water resource 1455 development project either meet water demands beyond the issued 1456 permit duration or are completed for the purpose of meeting the 1457 requirements of an adopted recovery or prevention strategy; 1458 3.A requirement that the permittee demonstrate a water 1459 demand for the permits allocation through the term of the 1460 extension; and 1461 4.Guidelines for a district to follow in determining the 1462 number of years extended, including a minimum year requirement, 1463 based on the project implementation. 1464 1465 This paragraph does not limit the existing authority of a water 1466 management district to protect from harm the water resources or 1467 ecology of the area, or to otherwise ensure compliance with the 1468 conditions for permit issuance. 1469 Revisers note.Amended to confirm an editorial substitution to 1470 conform to context. 1471 Section 36.Paragraph (d) of subsection (8) of section 1472 393.12, Florida Statutes, is amended to read: 1473 393.12Capacity; appointment of guardian advocate. 1474 (8)COURT ORDER.If the court finds the person with a 1475 developmental disability requires the appointment of a guardian 1476 advocate, the court shall enter a written order appointing the 1477 guardian advocate and containing the findings of facts and 1478 conclusions of law on which the court made its decision, 1479 including: 1480 (d)The identity of existing alternatives and a finding as 1481 to the validity or sufficiency of such alternatives alternative 1482 to alleviate the need for the appointment of a guardian 1483 advocate; 1484 Revisers note.Amended to conform to context. 1485 Section 37.Section 394.467, Florida Statutes, is reenacted 1486 and amended to read: 1487 394.467Involuntary inpatient placement and involuntary 1488 outpatient services. 1489 (1)DEFINITIONS.As used in this section, the term: 1490 (a)Court means a circuit court or, for commitments only 1491 to involuntary outpatient services as defined in paragraph (c) 1492 s. 394.4655, a county court. 1493 (b)Involuntary inpatient placement means placement in a 1494 secure receiving or treatment facility providing stabilization 1495 and treatment services to a person 18 years of age or older who 1496 does not voluntarily consent to services under this chapter, or 1497 a minor who does not voluntarily assent to services under this 1498 chapter. 1499 (c)Involuntary outpatient services means services 1500 provided in the community to a person who does not voluntarily 1501 consent to or participate in services under this chapter. 1502 (d)Services plan means an individualized plan detailing 1503 the recommended behavioral health services and supports based on 1504 a thorough assessment of the needs of the patient, to safeguard 1505 and enhance the patients health and well-being in the 1506 community. 1507 (2)CRITERIA FOR INVOLUNTARY SERVICES.A person may be 1508 ordered by a court to be provided involuntary services upon a 1509 finding of the court, by clear and convincing evidence, that the 1510 person meets the following criteria: 1511 (a)Involuntary outpatient services.A person ordered to 1512 involuntary outpatient services must meet the following 1513 criteria: 1514 1.The person has a mental illness and, because of his or 1515 her mental illness: 1516 a.He or she is unlikely to voluntarily participate in a 1517 recommended services plan and has refused voluntary services for 1518 treatment after sufficient and conscientious explanation and 1519 disclosure of why the services are necessary; or 1520 b.Is unable to determine for himself or herself whether 1521 services are necessary. 1522 2.The person is unlikely to survive safely in the 1523 community without supervision, based on a clinical 1524 determination. 1525 3.The person has a history of lack of compliance with 1526 treatment for mental illness. 1527 4.In view of the persons treatment history and current 1528 behavior, the person is in need of involuntary outpatient 1529 services in order to prevent a relapse or deterioration that 1530 would be likely to result in serious bodily harm to himself or 1531 herself or others, or a substantial harm to his or her well 1532 being as set forth in s. 394.463(1). 1533 5.It is likely that the person will benefit from 1534 involuntary outpatient services. 1535 6.All available less restrictive alternatives that would 1536 offer an opportunity for improvement of the persons condition 1537 have been deemed to be inappropriate or unavailable. 1538 (b)Involuntary inpatient placement.A person ordered to 1539 involuntary inpatient placement must meet the following 1540 criteria: 1541 1.The person has a mental illness and, because of his or 1542 her mental illness: 1543 a.He or she has refused voluntary inpatient placement for 1544 treatment after sufficient and conscientious explanation and 1545 disclosure of the purpose of treatment; or 1546 b.Is unable to determine for himself or herself whether 1547 inpatient placement is necessary; and 1548 2.a.He or she is incapable of surviving alone or with the 1549 help of willing, able, and responsible family or friends, 1550 including available alternative services, and, without 1551 treatment, is likely to suffer from neglect or refuse to care 1552 for himself or herself, and such neglect or refusal poses a real 1553 and present threat of substantial harm to his or her well-being; 1554 or 1555 b.Without treatment, there is a substantial likelihood 1556 that in the near future the person will inflict serious bodily 1557 harm on self or others, as evidenced by recent behavior causing, 1558 attempting to cause, or threatening to cause such harm; and 1559 3.All available less restrictive treatment alternatives 1560 that would offer an opportunity for improvement of the persons 1561 condition have been deemed to be inappropriate or unavailable. 1562 (3)RECOMMENDATION FOR INVOLUNTARY SERVICES AND TREATMENT. 1563 A patient may be recommended for involuntary inpatient 1564 placement, involuntary outpatient services, or a combination of 1565 both. 1566 (a)A patient may be retained by the facility that examined 1567 the patient for involuntary services until the completion of the 1568 patients court hearing upon the recommendation of the 1569 administrator of the facility where the patient has been 1570 examined and after adherence to the notice and hearing 1571 procedures provided in s. 394.4599. However, if a patient who is 1572 being recommended for only involuntary outpatient services has 1573 been stabilized and no longer meets the criteria for involuntary 1574 examination pursuant to s. 394.463(1), the patient must be 1575 released from the facility while awaiting the hearing for 1576 involuntary outpatient services. 1577 (b)The recommendation that the involuntary services 1578 criteria reasonably appear to have been met must be supported by 1579 the opinion of a psychiatrist and the second opinion of a 1580 clinical psychologist with at least 3 years of clinical 1581 experience, another psychiatrist, or a psychiatric nurse 1582 practicing within the framework of an established protocol with 1583 a psychiatrist, who personally examined the patient. For 1584 involuntary inpatient placement, the patient must have been 1585 examined within the preceding 72 hours. For involuntary 1586 outpatient services, the patient must have been examined within 1587 the preceding 30 days. 1588 (c)If a psychiatrist, a clinical psychologist with at 1589 least 3 years of clinical experience, or a psychiatric nurse 1590 practicing within the framework of an established protocol with 1591 a psychiatrist is not available to provide a second opinion, the 1592 petitioner must certify as such and the second opinion may be 1593 provided by a licensed physician who has postgraduate training 1594 and experience in diagnosis and treatment of mental illness, a 1595 clinical psychologist with less than 3 years of clinical 1596 experience, or a psychiatric nurse. 1597 (d)Any opinion authorized in this subsection may be 1598 conducted through a face-to-face or in-person examination, or by 1599 electronic means. Recommendations for involuntary services must 1600 be entered on a petition for involuntary services, which shall 1601 be made a part of the patients clinical record. The filing of 1602 the petition authorizes the facility to retain the patient 1603 pending transfer to a treatment facility or completion of a 1604 hearing. 1605 (4)PETITION FOR INVOLUNTARY SERVICES. 1606 (a)A petition for involuntary services may be filed by: 1607 1.The administrator of a receiving facility; 1608 2.The administrator of a treatment facility; or 1609 3.A service provider who is treating the person being 1610 petitioned. 1611 (b)A petition for involuntary inpatient placement, or 1612 inpatient placement followed by outpatient services, must be 1613 filed in the court in the county where the patient is located. 1614 (c)A petition for involuntary outpatient services must be 1615 filed in the county where the patient is located, unless the 1616 patient is being placed from a state treatment facility, in 1617 which case the petition must be filed in the county where the 1618 patient will reside. 1619 (d)1.The petitioner must state in the petition: 1620 a.Whether the petitioner is recommending inpatient 1621 placement, outpatient services, or both. 1622 b.The length of time recommended for each type of 1623 involuntary services. 1624 c.The reasons for the recommendation. 1625 2.If recommending involuntary outpatient services, or a 1626 combination of involuntary inpatient placement and outpatient 1627 services, the petitioner must identify the service provider that 1628 has agreed to provide services for the person under an order for 1629 involuntary outpatient services, unless he or she is otherwise 1630 participating in outpatient psychiatric treatment and is not in 1631 need of public financing for that treatment, in which case the 1632 individual, if eligible, may be ordered to involuntary treatment 1633 pursuant to the existing psychiatric treatment relationship. 1634 3.When recommending an order to involuntary outpatient 1635 services, the petitioner shall prepare a written proposed 1636 services plan in consultation with the patient or the patients 1637 guardian advocate, if appointed, for the courts consideration 1638 for inclusion in the involuntary outpatient services order that 1639 addresses the nature and extent of the mental illness and any 1640 co-occurring substance use disorder that necessitate involuntary 1641 outpatient services. The services plan must specify the likely 1642 needed level of care, including the use of medication, and 1643 anticipated discharge criteria for terminating involuntary 1644 outpatient services. The services in the plan must be deemed 1645 clinically appropriate by a physician, clinical psychologist, 1646 psychiatric nurse, mental health counselor, marriage and family 1647 therapist, or clinical social worker who consults with, or is 1648 employed or contracted by, the service provider. If the services 1649 in the proposed services plan are not available, the petitioner 1650 may not file the petition. The petitioner must notify the 1651 managing entity if the requested services are not available. The 1652 managing entity must document such efforts to obtain the 1653 requested service. The service provider who accepts the patient 1654 for involuntary outpatient services is responsible for the 1655 development of a comprehensive treatment plan. 1656 (e)Each required criterion for the recommended involuntary 1657 services must be alleged and substantiated in the petition. A 1658 copy of the recommended services plan, if applicable, must be 1659 attached to the petition. The court must accept petitions and 1660 other documentation with electronic signatures. 1661 (f)When the petition has been filed, the clerk of the 1662 court shall provide copies of the petition and the recommended 1663 services plan, if applicable, to the department, the managing 1664 entity, the patient, the patients guardian or representative, 1665 the state attorney, and the public defender or the patients 1666 private counsel. A fee may not be charged for the filing of a 1667 petition under this subsection. 1668 (5)APPOINTMENT OF COUNSEL.Within 1 court working day 1669 after the filing of a petition for involuntary services, the 1670 court shall appoint the public defender to represent the person 1671 who is the subject of the petition, unless the person is 1672 otherwise represented by counsel or ineligible. The clerk of the 1673 court shall immediately notify the public defender of such 1674 appointment. The public defender shall represent the person 1675 until the petition is dismissed, the court order expires, the 1676 patient is discharged from involuntary services, or the public 1677 defender is otherwise discharged by the court. Any attorney who 1678 represents the patient shall be provided access to the patient, 1679 witnesses, and records relevant to the presentation of the 1680 patients case and shall represent the interests of the patient, 1681 regardless of the source of payment to the attorney. 1682 (6)CONTINUANCE OF HEARING.The patient and the state are 1683 independently entitled to seek a continuance of the hearing. The 1684 patient shall be granted a request for an initial continuance 1685 for up to 7 calendar days. The patient may request additional 1686 continuances for up to 21 calendar days in total, which shall 1687 only be granted by a showing of good cause and due diligence by 1688 the patient and the patients counsel before requesting the 1689 continuance. The state may request one continuance of up to 7 1690 calendar days, which shall only be granted by a showing of good 1691 cause and due diligence by the state before requesting the 1692 continuance. The states failure to timely review any readily 1693 available document or failure to attempt to contact a known 1694 witness does not warrant a continuance. 1695 (7)HEARING ON INVOLUNTARY SERVICES. 1696 (a)1.The court shall hold a hearing on the involuntary 1697 services petition within 5 court working days after the filing 1698 of the petition, unless a continuance is granted. 1699 2.The court must hold any hearing on involuntary 1700 outpatient services in the county where the petition is filed. A 1701 hearing on involuntary inpatient placement, or a combination of 1702 involuntary inpatient placement and involuntary outpatient 1703 services, must be held in the county or the facility, as 1704 appropriate, where the patient is located, except for good cause 1705 documented in the court file. 1706 3.A hearing on involuntary services must be as convenient 1707 to the patient as is consistent with orderly procedure, and 1708 shall be conducted in physical settings not likely to be 1709 injurious to the patients condition. If the court finds that 1710 the patients attendance at the hearing is not consistent with 1711 the best interests of the patient, or the patient knowingly, 1712 intelligently, and voluntarily waives his or her right to be 1713 present, and if the patients counsel does not object, the court 1714 may waive the attendance of the patient from all or any portion 1715 of the hearing. The state attorney for the circuit in which the 1716 patient is located shall represent the state, rather than the 1717 petitioner, as the real party in interest in the proceeding. The 1718 facility or service provider shall make the patients clinical 1719 records available to the state attorney and the patients 1720 attorney so that the state can evaluate and prepare its case. 1721 However, these records shall remain confidential, and the state 1722 attorney may not use any record obtained under this part for 1723 criminal investigation or prosecution purposes, or for any 1724 purpose other than the patients civil commitment under this 1725 chapter. 1726 (b)The court may appoint a magistrate to preside at the 1727 hearing. The state attorney and witnesses may remotely attend 1728 and, as appropriate, testify at the hearing under oath via 1729 audio-video teleconference. A witness intending to attend 1730 remotely and testify must provide the parties with all relevant 1731 documents by the close of business on the day before the 1732 hearing. One of the professionals who executed the involuntary 1733 services certificate shall be a witness. The patient and the 1734 patients guardian or representative shall be informed by the 1735 court of the right to an independent expert examination. If the 1736 patient cannot afford such an examination, the court shall 1737 ensure that one is provided, as otherwise provided for by law. 1738 The independent experts report is confidential and not 1739 discoverable, unless the expert is to be called as a witness for 1740 the patient at the hearing. The court shall allow testimony from 1741 persons, including family members, deemed by the court to be 1742 relevant under state law, regarding the persons prior history 1743 and how that prior history relates to the persons current 1744 condition. The testimony in the hearing must be given under 1745 oath, and the proceedings must be recorded. The patient may 1746 refuse to testify at the hearing. 1747 (c)At the hearing, the court shall consider testimony and 1748 evidence regarding the patients competence to consent to 1749 services and treatment. If the court finds that the patient is 1750 incompetent to consent to treatment, it must appoint a guardian 1751 advocate as provided in s. 394.4598. 1752 (8)ORDERS OF THE COURT. 1753 (a)1.If the court concludes that the patient meets the 1754 criteria for involuntary services, the court may order a patient 1755 to involuntary inpatient placement, involuntary outpatient 1756 services, or a combination of involuntary services depending on 1757 the criteria met and which type of involuntary services best 1758 meet the needs of the patient. However, if the court orders the 1759 patient to involuntary outpatient services, the court may not 1760 order the department or the service provider to provide services 1761 if the program or service is not available in the patients 1762 local community, if there is no space available in the program 1763 or service for the patient, or if funding is not available for 1764 the program or service. The petitioner must notify the managing 1765 entity if the requested services are not available. The managing 1766 entity must document such efforts to obtain the requested 1767 services. A copy of the order must be sent to the managing 1768 entity by the service provider within 1 working day after it is 1769 received from the court. 1770 2.The order must specify the nature and extent of the 1771 patients mental illness and the reasons the appropriate 1772 involuntary services criteria are satisfied. 1773 3.An order for only involuntary outpatient services, 1774 involuntary inpatient placement, or of a combination of 1775 involuntary services may be for a period of up to 6 months. 1776 4.An order for a combination of involuntary services must 1777 specify the length of time the patient shall be ordered for 1778 involuntary inpatient placement and involuntary outpatient 1779 services. 1780 5.The order of the court and the patients services plan, 1781 if applicable, must be made part of the patients clinical 1782 record. 1783 (b)If the court orders a patient into involuntary 1784 inpatient placement, the court may order that the patient be 1785 retained at a receiving facility while awaiting transfer 1786 transferred to a treatment facility; or, if the patient is at a 1787 treatment facility, that the patient be retained there or be 1788 treated at any other appropriate facility; or that the patient 1789 receive services on an involuntary basis for up to 6 months. The 1790 court may not order an individual with a developmental 1791 disability as defined in s. 393.063 or a traumatic brain injury 1792 or dementia who lacks a co-occurring mental illness to be 1793 involuntarily placed in a state treatment facility. 1794 (c)If at any time before the conclusion of a hearing on 1795 involuntary services, it appears to the court that the patient 1796 instead meets the criteria for involuntary admission or 1797 treatment pursuant to s. 397.675, then the court may order the 1798 person to be admitted for involuntary assessment pursuant to s. 1799 397.6757. Thereafter, all proceedings are governed by chapter 1800 397. 1801 (d)The administrator of the petitioning facility or the 1802 designated department representative shall provide a copy of the 1803 court order and adequate documentation of a patients mental 1804 illness to the service provider for involuntary outpatient 1805 services or the administrator of a treatment facility if the 1806 patient is ordered for involuntary inpatient placement. The 1807 documentation must include any advance directives made by the 1808 patient, a psychiatric evaluation of the patient, and any 1809 evaluations of the patient performed by a psychiatric nurse, a 1810 clinical psychologist, a marriage and family therapist, a mental 1811 health counselor, or a clinical social worker. The administrator 1812 of a treatment facility may refuse admission to any patient 1813 directed to its facilities on an involuntary basis, whether by 1814 civil or criminal court order, who is not accompanied by 1815 adequate orders and documentation. 1816 (e)In cases resulting in an order for involuntary 1817 outpatient services, the court shall retain jurisdiction over 1818 the case and the parties for entry of further orders as 1819 circumstances may require, including, but not limited to, 1820 monitoring compliance with treatment or ordering inpatient 1821 treatment to stabilize a person who decompensates while under 1822 court-ordered outpatient treatment and meets the commitment 1823 criteria of this section. 1824 (9)SERVICES PLAN MODIFICATION.After the order for 1825 involuntary outpatient services is issued, the service provider 1826 and the patient may modify the services plan as provided by 1827 department rule. 1828 (10)NONCOMPLIANCE WITH INVOLUNTARY OUTPATIENT SERVICES. 1829 (a)If, in the clinical judgment of a physician, a 1830 psychiatrist, a clinical psychologist with at least 3 years of 1831 clinical experience, or a psychiatric nurse practicing within 1832 the framework of an established protocol with a psychiatrist, a 1833 patient receiving involuntary outpatient services has failed or 1834 has refused to comply with the services plan ordered by the 1835 court, and efforts were made to solicit compliance, the service 1836 provider must report such noncompliance to the court. The 1837 involuntary outpatient services order shall remain in effect 1838 unless the service provider determines that the patient no 1839 longer meets the criteria for involuntary outpatient services or 1840 until the order expires. The service provider must determine 1841 whether modifications should be made to the existing services 1842 plan and must attempt to continue to engage the patient in 1843 treatment. For any material modification of the services plan to 1844 which the patient or the patients guardian advocate, if 1845 applicable, agrees, the service provider shall send notice of 1846 the modification to the court. Any material modifications of the 1847 services plan which are contested by the patient or the 1848 patients guardian advocate, if applicable, must be approved or 1849 disapproved by the court. 1850 (b)A county court may not use incarceration as a sanction 1851 for noncompliance with the services plan, but it may order an 1852 individual evaluated for possible inpatient placement if there 1853 is significant, or are multiple instances of, noncompliance. 1854 (11)PROCEDURE FOR CONTINUED INVOLUNTARY SERVICES. 1855 (a)A petition for continued involuntary services must be 1856 filed if the patient continues to meets the criteria for 1857 involuntary services. 1858 (b)1.If a patient receiving involuntary outpatient 1859 services continues to meet the criteria for involuntary 1860 outpatient services, the service provider must file in the court 1861 that issued the initial order for involuntary outpatient 1862 services a petition for continued involuntary outpatient 1863 services. 1864 2.If a patient in involuntary inpatient placement 1865 continues to meet the criteria for involuntary services and is 1866 being treated at a receiving facility, the administrator must, 1867 before the expiration of the period the receiving facility is 1868 authorized to retain the patient, file in the court that issued 1869 the initial order for involuntary inpatient placement, a 1870 petition requesting authorization for continued involuntary 1871 services. The administrator may petition for inpatient or 1872 outpatient services. 1873 3.If a patient in inpatient placement continues to meet 1874 the criteria for involuntary services and is being treated at a 1875 treatment facility, the administrator must, before expiration of 1876 the period the treatment facility is authorized to retain the 1877 patient, file a petition requesting authorization for continued 1878 involuntary services. The administrator may petition for 1879 inpatient or outpatient services. Hearings on petitions for 1880 continued involuntary services of an individual placed at any 1881 treatment facility are administrative hearings and must be 1882 conducted in accordance with s. 120.57(1), except that any order 1883 entered by the judge is final and subject to judicial review in 1884 accordance with s. 120.68. Orders concerning patients committed 1885 after successfully pleading not guilty by reason of insanity are 1886 governed by s. 916.15. 1887 4.The court shall immediately schedule a hearing on the 1888 petition to be held within 15 days after the petition is filed. 1889 5.The existing involuntary services order shall remain in 1890 effect until disposition on the petition for continued 1891 involuntary services. 1892 (c)The petition must be accompanied by a statement from 1893 the patients physician, psychiatrist, psychiatric nurse, or 1894 clinical psychologist justifying the request, a brief 1895 description of the patients treatment during the time he or she 1896 was receiving involuntary services, and an individualized plan 1897 of continued treatment developed in consultation with the 1898 patient or the patients guardian advocate, if applicable. If 1899 the petition is for involuntary outpatient services, it must 1900 comply with the requirements of subparagraph (4)(d)3. When the 1901 petition has been filed, the clerk of the court shall provide 1902 copies of the petition and the individualized plan of continued 1903 services to the department, the patient, the patients guardian 1904 advocate, the state attorney, and the patients private counsel 1905 or the public defender. 1906 (d)The court shall appoint counsel to represent the person 1907 who is the subject of the petition for continued involuntary 1908 services in accordance with to the provisions set forth in 1909 subsection (5), unless the person is otherwise represented by 1910 counsel or ineligible. 1911 (e)Hearings on petitions for continued involuntary 1912 outpatient services must be before the court that issued the 1913 order for involuntary outpatient services. However, the patient 1914 and the patients attorney may agree to a period of continued 1915 outpatient services without a court hearing. 1916 (f)Hearings on petitions for continued involuntary 1917 inpatient placement in receiving facilities, or involuntary 1918 outpatient services following involuntary inpatient services, 1919 must be held in the county or the facility, as appropriate, 1920 where the patient is located. 1921 (g)The court may appoint a magistrate to preside at the 1922 hearing. The procedures for obtaining an order pursuant to this 1923 paragraph must meet the requirements of subsection (7). 1924 (h)Notice of the hearing must be provided as set forth in 1925 s. 394.4599. 1926 (i)If a patients attendance at the hearing is voluntarily 1927 waived, the judge must determine that the patient knowingly, 1928 intelligently, and voluntarily waived his or her right to be 1929 present, before waiving the presence of the patient from all or 1930 a portion of the hearing. Alternatively, if at the hearing the 1931 judge finds that attendance at the hearing is not consistent 1932 with the best interests of the patient, the judge may waive the 1933 presence of the patient from all or any portion of the hearing, 1934 unless the patient, through counsel, objects to the waiver of 1935 presence. The testimony in the hearing must be under oath, and 1936 the proceedings must be recorded. 1937 (j)If at a hearing it is shown that the patient continues 1938 to meet the criteria for involuntary services, the court shall 1939 issue an order for continued involuntary outpatient services, 1940 involuntary inpatient placement, or a combination of involuntary 1941 services for up to 6 months. The same procedure shall be 1942 repeated before the expiration of each additional period the 1943 patient is retained. 1944 (k)If the patient has been ordered to undergo involuntary 1945 services and has previously been found incompetent to consent to 1946 treatment, the court shall consider testimony and evidence 1947 regarding the patients competence. If the patients competency 1948 to consent to treatment is restored, the discharge of the 1949 guardian advocate is governed by s. 394.4598. If the patient has 1950 been ordered to undergo involuntary inpatient placement only and 1951 the patients competency to consent to treatment is restored, 1952 the administrative law judge may issue a recommended order, to 1953 the court that found the patient incompetent to consent to 1954 treatment, that the patients competence be restored and that 1955 any guardian advocate previously appointed be discharged. 1956 (l)If continued involuntary inpatient placement is 1957 necessary for a patient in involuntary inpatient placement who 1958 was admitted while serving a criminal sentence, but his or her 1959 sentence is about to expire, or for a minor involuntarily 1960 placed, but who is about to reach the age of 18, the 1961 administrator shall petition the administrative law judge for an 1962 order authorizing continued involuntary inpatient placement. 1963 1964 The procedure required in this subsection must be followed 1965 before the expiration of each additional period the patient is 1966 involuntarily receiving services. 1967 (12)RETURN TO FACILITY.If a patient has been ordered to 1968 undergo involuntary inpatient placement at a receiving or 1969 treatment facility under this part and leaves the facility 1970 without the administrators authorization, the administrator may 1971 authorize a search for the patient and his or her return to the 1972 facility. The administrator may request the assistance of a law 1973 enforcement agency in this regard. 1974 (13)DISCHARGE.The patient shall be discharged upon 1975 expiration of the court order or at any time the patient no 1976 longer meets the criteria for involuntary services, unless the 1977 patient has transferred to voluntary status. Upon discharge, the 1978 service provider or facility shall send a certificate of 1979 discharge to the court. 1980 Revisers note.Reenacted to conform to the fact that s. 11, ch. 1981 2024-245, Laws of Florida, purported to amend s. 394.467 1982 but did not publish paragraphs (7)(f) and (g), which were 1983 intended to be stricken. Similar material now appears in 1984 paragraph (11)(k). Paragraph (1)(a) is amended to conform 1985 to the fact that s. 394.4655(1) defines involuntary 1986 outpatient placement as involuntary outpatient services 1987 as defined in s. 394.467, and s. 394.467(1)(c) 1988 specifically defines involuntary outpatient services. 1989 Paragraph (8)(b) is amended to confirm an editorial 1990 deletion to correct a drafting error. Paragraph (11)(d) is 1991 amended to confirm an editorial substitution to conform to 1992 context. 1993 Section 38.Subsection (2) of section 394.468, Florida 1994 Statutes, is amended to read: 1995 394.468Admission and discharge procedures. 1996 (2)Discharge planning and procedures for any patients 1997 release from a receiving facility or treatment facility must 1998 include and document the patients needs, and actions to address 1999 such needs, for, at a minimum: 2000 (a)Follow-up behavioral health appointments; 2001 (b)Information on how to obtain prescribed medications; 2002 and 2003 (c)Information pertaining to: 2004 1.Available living arrangements.; 2005 2.Transportation; and 2006 (d)Referral to: 2007 1.Care coordination services. The patient must be referred 2008 for care coordination services if the patient meets the criteria 2009 as a member of a priority population as determined by the 2010 department under s. 394.9082(3)(c) and is in need of such 2011 services. 2012 2.Recovery support opportunities under s. 394.4573(2)(l), 2013 including, but not limited to, connection to a peer specialist. 2014 Revisers note.Amended to conform to statutes formatting. 2015 Section 39.Paragraph (a) of subsection (2) of section 2016 395.901, Florida Statutes, is amended to read: 2017 395.901Definitions; legislative findings and intent. 2018 (2)LEGISLATIVE FINDINGS AND INTENT. 2019 (a)The Legislature finds that there is a critical shortage 2020 of behavioral health professionals and recognizes the urgent 2021 need to expand the existing behavioral health workforce, prepare 2022 for an aging workforce, incentivize entry into behavioral health 2023 professions, and train a modernized workforce in innovative and 2024 integrated care. 2025 Revisers note.Amended to confirm an editorial insertion to 2026 conform to language elsewhere in the section. 2027 Section 40.Subsection (3) of section 397.68141, Florida 2028 Statutes, is amended to read: 2029 397.68141Contents of petition for involuntary treatment 2030 services.A petition for involuntary services must contain the 2031 name of the respondent; the name of the petitioner; the 2032 relationship between the respondent and the petitioner; the name 2033 of the respondents attorney, if known; and the factual 2034 allegations presented by the petitioner establishing the need 2035 for involuntary services for substance abuse impairment. 2036 (3)If there is an emergency, the petition must also 2037 describe the respondents exigent circumstances and include a 2038 request for an ex parte assessment and stabilization order that 2039 must be executed pursuant to s. 397.6818 397.68151. 2040 Revisers note.Amended to conform to the fact that s. 397.68151 2041 relates to duties of the court upon filing of a petition 2042 for involuntary services; execution of court orders for 2043 involuntary assessment and stabilization are referenced in 2044 s. 397.6818. 2045 Section 41.Subsection (7) of section 403.031, Florida 2046 Statutes, is amended to read: 2047 403.031Definitions.In construing this chapter, or rules 2048 and regulations adopted pursuant hereto, the following words, 2049 phrases, or terms, unless the context otherwise indicates, have 2050 the following meanings: 2051 (7)Nutrient or nutrient-related standards means water 2052 quality standards and criteria established for total nitrogen 2053 and total phosphorus phosphorous, or their organic or inorganic 2054 forms; biological variables, such as chlorophyll a, biomass, or 2055 the structure of the phytoplankton, periphyton, or vascular 2056 plant community, that respond to a nutrient load or 2057 concentration in a predictable and measurable manner; or 2058 dissolved oxygen if it is demonstrated for the waterbody that 2059 dissolved oxygen conditions result in a biological imbalance and 2060 the dissolved oxygen responds to a nutrient load or 2061 concentration in a predictable and measurable manner. 2062 Revisers note.Amended to confirm an editorial substitution to 2063 conform to context. 2064 Section 42.Paragraph (c) of subsection (1) of section 2065 403.086, Florida Statutes, is amended to read: 2066 403.086Sewage disposal facilities; advanced and secondary 2067 waste treatment. 2068 (1) 2069 (c)1.Notwithstanding this chapter or chapter 373, sewage 2070 disposal facilities may not dispose any wastes into the 2071 following waters without providing advanced waste treatment, as 2072 defined in subsection (4), as approved by the department or a 2073 more stringent treatment standard if the department determines 2074 the more stringent standard is necessary to achieve the total 2075 maximum daily load or applicable water quality criteria: 2076 a.Old Tampa Bay; Tampa Bay; Hillsborough Bay; Boca Ciega 2077 Bay; St. Joseph Sound; Clearwater Bay; Sarasota Bay; Little 2078 Sarasota Bay; Roberts Bay; Lemon Bay; Charlotte Harbor Bay; 2079 Biscayne Bay; or any river, stream, channel, canal, bay, bayou, 2080 sound, or other water tributary thereto. 2081 b.Beginning July 1, 2025, Indian River Lagoon, or any 2082 river, stream, channel, canal, bay, bayou, sound, or other water 2083 tributary thereto. 2084 c.By January 1, 2033, waterbodies that are currently not 2085 attaining nutrient or nutrient-related standards or that are 2086 subject to a nutrient or nutrient-related basin management 2087 action plan adopted pursuant to s. 403.067 or adopted reasonable 2088 assurance plan. 2089 2.For any waterbody determined not to be attaining 2090 nutrient or nutrient-related standards after July 1, 2023, or 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 after July 1, 2023, sewage disposal facilities 2094 are prohibited from disposing any wastes into such waters 2095 without providing advanced waste treatment, as defined in 2096 subsection (4), as approved by the department within 10 years 2097 after such determination or adoption. 2098 3.By July 1, 2034, any wastewater treatment facility 2099 providing reclaimed water that will be used for commercial or 2100 residential irrigation or be otherwise land applied within a 2101 nutrient basin management action plan or a reasonable assurance 2102 plan area must meet the advanced waste treatment standards for 2103 total nitrogen and total phosphorus phosphorous as defined in 2104 paragraph (4)(a) if the department has determined in an 2105 applicable basin management action plan or reasonable assurance 2106 plan that the use of reclaimed water as described in this 2107 subparagraph is causing or contributing to the nutrient 2108 impairment being addressed in such plan. For such department 2109 determinations made in a nutrient basin management action plan 2110 or reasonable assurance plan after July 1, 2024, an applicable 2111 wastewater treatment facility must meet the requisite advanced 2112 waste treatment standards described in this subparagraph within 2113 10 years after such determination. This subparagraph does not 2114 prevent the department from requiring an alternative treatment 2115 standard, including a more stringent treatment standard, if the 2116 department determines the alternative standard is necessary to 2117 achieve the total maximum daily load or applicable water quality 2118 criteria. This subparagraph does not apply to reclaimed water 2119 that is otherwise land applied as part of a water quality 2120 restoration project or water resource development project 2121 approved by the department or water management district to meet 2122 a total maximum daily load or minimum flow or level and where 2123 such reclaimed water will be at or below the advanced waste 2124 treatment standards described above prior to entering 2125 groundwater or surface water. 2126 Revisers note.Amended to confirm an editorial substitution to 2127 conform to context. 2128 Section 43.Paragraph (a) of subsection (3) of section 2129 403.121, Florida Statutes, is amended to read: 2130 403.121Enforcement; procedure; remedies.The department 2131 shall have the following judicial and administrative remedies 2132 available to it for violations of this chapter, as specified in 2133 s. 403.161(1), ss. 381.0065-381.0067, part I of chapter 386 for 2134 purposes of onsite sewage treatment and disposal systems, part 2135 III of chapter 489, or any rule promulgated thereunder. 2136 (3)Except for violations involving hazardous wastes, 2137 asbestos, or underground injection, administrative penalties 2138 must be calculated according to the following schedule: 2139 (a)For a drinking water contamination violation, the 2140 department shall assess a penalty of $3,000 for a Maximum 2141 Contaminant Containment Level (MCL) violation; plus $1,500 if 2142 the violation is for a primary inorganic, organic, or 2143 radiological Maximum Contaminant Level or it is a fecal coliform 2144 bacteria violation; plus $1,500 if the violation occurs at a 2145 community water system; and plus $1,500 if any Maximum 2146 Contaminant Level is exceeded by more than 100 percent. For 2147 failure to obtain a clearance letter before placing a drinking 2148 water system into service when the system would not have been 2149 eligible for clearance, the department shall assess a penalty of 2150 $4,500. 2151 Revisers note.Amended to confirm an editorial substitution to 2152 conform to context. 2153 Section 44.Subsection (5) of section 408.051, Florida 2154 Statutes, is amended to read: 2155 408.051Florida Electronic Health Records Exchange Act. 2156 (5)HOSPITAL DATA.A hospital as defined in s. 395.002(12) 2157 which maintains certified electronic health record technology 2158 must make available admission admit, transfer, and discharge 2159 data to the agencys Florida Health Information Exchange program 2160 for the purpose of supporting public health data registries and 2161 patient care coordination. The agency may adopt rules to 2162 implement this subsection. 2163 Revisers note.Amended to improve clarity and facilitate 2164 correct interpretation. 2165 Section 45.Paragraph (d) of subsection (9) of section 2166 409.909, Florida Statutes, is amended to read: 2167 409.909Statewide Medicaid Residency Program. 2168 (9)The Graduate Medical Education Committee is created 2169 within the agency. 2170 (d)The committee shall convene its first meeting by July 2171 1, 2024, and shall meet as often as necessary to conduct its 2172 business, but at least twice annually, at the call of the chair. 2173 The committee may conduct its meetings through though 2174 teleconference or other electronic means. A majority of the 2175 members of the committee constitutes a quorum, and a meeting may 2176 not be held with less than a quorum present. The affirmative 2177 vote of a majority of the members of the committee present is 2178 necessary for any official action by the committee. 2179 Revisers note.Amended to confirm an editorial substitution to 2180 conform to context. 2181 Section 46.Paragraph (j) of subsection (1) of section 2182 409.988, Florida Statutes, is amended to read: 2183 409.988Community-based care lead agency duties; general 2184 provisions. 2185 (1)DUTIES.A lead agency: 2186 (j)1.May subcontract for the provision of services, 2187 excluding subcontracts with a related party for officer-level or 2188 director-level staffing to perform management functions, 2189 required by the contract with the lead agency and the 2190 department; however, the subcontracts must specify how the 2191 provider will contribute to the lead agency meeting the 2192 performance standards established pursuant to the child welfare 2193 results-oriented accountability system required by s. 409.997. 2194 Any contract with an unrelated entity for officer-level or 2195 director-level staffing to perform management functions must 2196 adhere to the executive compensation provision in s. 409.992(3). 2197 2.Shall directly provide no more than 35 percent of all 2198 child welfare services provided unless it can demonstrate a need 2199 within the lead agencys geographic service area where there is 2200 a lack of qualified providers available to perform necessary 2201 services. The approval period for an exemption to exceed the 35 2202 percent threshold is limited to 2 years. To receive approval, 2203 the lead agency must create and submit to the department through 2204 the lead agencys local community alliance a detailed report of 2205 all efforts to recruit a qualified provider to perform the 2206 necessary services in that geographic service area. The local 2207 community alliance in the geographic service area in which the 2208 lead agency is seeking to exceed the threshold shall review the 2209 lead agencys justification for need and recommend to the 2210 department whether the department should approve or deny the 2211 lead agencys request for an exemption from the services 2212 threshold. If there is not a community alliance operating in the 2213 geographic service area in which the lead agency is seeking to 2214 exceed the threshold, such review and recommendation shall be 2215 made by representatives of local stakeholders, including at 2216 least one representative from each of the following: 2217 a.The department. 2218 b.The county government. 2219 c.The school district. 2220 d.The county United Way. 2221 e.The county sheriffs office. 2222 f.The circuit court corresponding to the county. 2223 g.The county childrens board, if one exists. 2224 2225 The lead agency may request a renewal of the exemption allowing 2226 the lead agency to directly provide child welfare services by 2227 following the process outlined in this subparagraph. The 2228 approval period for an exemption renewal is limited to 2 years. 2229 If, after the expiration of the exemption, the department 2230 determines the lead agency is not making a good faith effort to 2231 recruit a qualified provider, the department may deny the 2232 renewal request and require reprocurement. 2233 3.Shall, upon the department approving any exemption that 2234 allows a lead agency to directly provide more than 40 percent of 2235 all child welfare services provided, be required by the 2236 department to undergo an operational audit by the Auditor 2237 General to examine the lead agencys procurement of and 2238 financial arrangements for providing such services. Upon 2239 approving any exemption that allows a lead agency to directly 2240 provide more than 40 percent of all child welfare services 2241 provided, the department shall require the lead agency to 2242 undergo an operational audit by the Auditor General to examine 2243 the lead agencys procurement of and financial arrangements for 2244 providing such services. The audit shall, at a minimum, examine 2245 the costs incurred and any payments made by the lead agency to 2246 itself for services directly provided by the lead agency 2247 compared to any procurement solicitations by the lead agency, 2248 and assess the adequacy of the efforts to obtain services from 2249 subcontractors and the resulting cost and cost-effectiveness of 2250 the services provided directly by the lead agency. The Auditor 2251 General shall conduct such audits upon notification by the 2252 department. 2253 Revisers note.Amended to confirm an editorial substitution to 2254 conform to the introductory text of subsection (1) and to 2255 provide contextual consistency with the other subunits 2256 within that subsection. 2257 Section 47.Paragraph (a) of subsection (3) of section 2258 420.606, Florida Statutes, is amended to read: 2259 420.606Training and technical assistance program. 2260 (3)TRAINING AND TECHNICAL ASSISTANCE PROGRAM.The 2261 Department of Commerce shall be responsible for securing the 2262 necessary expertise to provide training and technical assistance 2263 to: 2264 (a)Staff of local governments; to staff of state agencies, 2265 as appropriate; to community-based organizations; and to persons 2266 forming such organizations, which are formed for the purpose of 2267 developing new housing and rehabilitating existing housing that 2268 is affordable for very-low-income persons, low-income persons, 2269 and moderate-income persons. 2270 1.The training component of the program shall be designed 2271 to build the housing development capacity of community-based 2272 organizations and local governments as a permanent resource for 2273 the benefit of communities in this state. 2274 a.The scope of training must include, but need not be 2275 limited to, real estate development skills related to affordable 2276 housing, including the construction process and property 2277 management and disposition, the development of public-private 2278 partnerships to reduce housing costs, model housing projects, 2279 and management and board responsibilities of community-based 2280 organizations. 2281 b.Training activities may include, but are not limited to, 2282 materials for self-instruction, workshops, seminars, 2283 internships, coursework, and special programs developed in 2284 conjunction with state universities and community colleges. 2285 2.The technical assistance component of the program shall 2286 be designed to assist applicants for state-administered programs 2287 in developing applications and in expediting project 2288 implementation. Technical assistance activities for the staffs 2289 of community-based organizations and local governments who are 2290 directly involved in the production of affordable housing may 2291 include, but are not limited to, workshops for program 2292 applicants, onsite visits, guidance in achieving project 2293 completion, and a newsletter to community-based organizations 2294 and local governments. 2295 Revisers note.Amended to eliminate redundancy. 2296 Section 48.Paragraph (b) of subsection (4) of section 2297 420.6241, Florida Statutes, is amended to read: 2298 420.6241Persons with lived experience. 2299 (4)BACKGROUND SCREENING. 2300 (b)The background screening conducted under this 2301 subsection must ensure that the qualified applicant has not been 2302 arrested for and is not awaiting final disposition of, has not 2303 been found guilty of, regardless of adjudication, or entered a 2304 plea of nolo contendere or guilty to, or has not been 2305 adjudicated delinquent and the record has been sealed or 2306 expunged for, any offense prohibited under any of the following 2307 state laws or similar laws of another jurisdiction: 2308 1.Section 393.135, relating to sexual misconduct with 2309 certain developmentally disabled clients and reporting of such 2310 sexual misconduct. 2311 2.Section 394.4593, relating to sexual misconduct with 2312 certain mental health patients and reporting of such sexual 2313 misconduct. 2314 3.Section 409.920, relating to Medicaid provider fraud, if 2315 the offense is a felony of the first or second degree. 2316 4.Section 415.111, relating to criminal penalties for 2317 abuse, neglect, or exploitation of vulnerable adults. 2318 5.Any offense that constitutes domestic violence, as 2319 defined in s. 741.28. 2320 6.Section 777.04, relating to attempts, solicitation, and 2321 conspiracy to commit an offense listed in this paragraph. 2322 7.Section 782.04, relating to murder. 2323 8.Section 782.07, relating to manslaughter, aggravated 2324 manslaughter of an elderly person or a disabled adult, 2325 aggravated manslaughter of a child, or aggravated manslaughter 2326 of an officer, a firefighter, an emergency medical technician, 2327 or a paramedic. 2328 9.Section 782.071, relating to vehicular homicide. 2329 10.Section 782.09, relating to killing of an unborn child 2330 by injury to the mother. 2331 11.Chapter 784, relating to assault, battery, and culpable 2332 negligence, if the offense is a felony. 2333 12.Section 787.01, relating to kidnapping. 2334 13.Section 787.02, relating to false imprisonment. 2335 14.Section 787.025, relating to luring or enticing a 2336 child. 2337 15.Section 787.04(2), relating to leading, taking, 2338 enticing, or removing a minor beyond the state limits, or 2339 concealing the location of a minor, with criminal intent pending 2340 custody proceedings. 2341 16.Section 787.04(3), relating to leading, taking, 2342 enticing, or removing a minor beyond the state limits, or 2343 concealing the location of a minor, with criminal intent pending 2344 dependency proceedings or proceedings concerning alleged abuse 2345 or neglect of a minor. 2346 17.Section 790.115(1), relating to exhibiting firearms or 2347 weapons within 1,000 feet of a school. 2348 18.Section 790.115(2)(b), relating to possessing an 2349 electric weapon or device, a destructive device, or any other 2350 weapon on school property. 2351 19.Section 794.011, relating to sexual battery. 2352 20.Former s. 794.041, relating to prohibited acts of 2353 persons in familial or custodial authority. 2354 21.Section 794.05, relating to unlawful sexual activity 2355 with certain minors. 2356 22.Section 794.08, relating to female genital mutilation. 2357 23.Section 796.07, relating to procuring another to commit 2358 prostitution, except for those offenses expunged pursuant to s. 2359 943.0583. 2360 24.Section 798.02, relating to lewd and lascivious 2361 behavior. 2362 25.Chapter 800, relating to lewdness and indecent 2363 exposure. 2364 26.Section 806.01, relating to arson. 2365 27.Section 810.02, relating to burglary, if the offense is 2366 a felony of the first degree. 2367 28.Section 810.14, relating to voyeurism, if the offense 2368 is a felony. 2369 29.Section 810.145, relating to digital video voyeurism, 2370 if the offense is a felony. 2371 30.Section 812.13, relating to robbery. 2372 31.Section 812.131, relating to robbery by sudden 2373 snatching. 2374 32.Section 812.133, relating to carjacking. 2375 33.Section 812.135, relating to home-invasion robbery. 2376 34.Section 817.034, relating to communications fraud, if 2377 the offense is a felony of the first degree. 2378 35.Section 817.234, relating to false and fraudulent 2379 insurance claims, if the offense is a felony of the first or 2380 second degree. 2381 36.Section 817.50, relating to fraudulently obtaining 2382 goods or services from a health care provider and false reports 2383 of a communicable disease. 2384 37.Section 817.505, relating to patient brokering. 2385 38.Section 817.568, relating to fraudulent use of personal 2386 identification, if the offense is a felony of the first or 2387 second degree. 2388 39.Section 825.102, relating to abuse, aggravated abuse, 2389 or neglect of an elderly person or a disabled adult. 2390 40.Section 825.1025, relating to lewd or lascivious 2391 offenses committed upon or in the presence of an elderly person 2392 or a disabled person. 2393 41.Section 825.103, relating to exploitation of an elderly 2394 person or a disabled adult, if the offense is a felony. 2395 42.Section 826.04, relating to incest. 2396 43.Section 827.03, relating to child abuse, aggravated 2397 child abuse, or neglect of a child. 2398 44.Section 827.04, relating to contributing to the 2399 delinquency or dependency of a child. 2400 45.Former s. 827.05, relating to negligent treatment of 2401 children. 2402 46.Section 827.071, relating to sexual performance by a 2403 child. 2404 47.Section 831.30, relating to fraud in obtaining 2405 medicinal drugs. 2406 48.Section 831.31, relating to the sale, manufacture, 2407 delivery, or possession with intent to sell, manufacture, or 2408 deliver any counterfeit controlled substance, if the offense is 2409 a felony. 2410 49.Section 843.01, relating to resisting arrest with 2411 violence. 2412 50.Section 843.025, relating to depriving a law 2413 enforcement, correctional, or correctional probation officer of 2414 the means of protection or communication. 2415 51.Section 843.12, relating to aiding in an escape. 2416 52.Section 843.13, relating to aiding in the escape of 2417 juvenile inmates of correctional institutions. 2418 53.Chapter 847, relating to obscenity. 2419 54.Section 874.05, relating to encouraging or recruiting 2420 another to join a criminal gang. 2421 55.Chapter 893, relating to drug abuse prevention and 2422 control, if the offense is a felony of the second degree or 2423 greater severity. 2424 56.Section 895.03, relating to racketeering and collection 2425 of unlawful debts. 2426 57.Section 896.101, relating to the Florida Money 2427 Laundering Act. 2428 58.Section 916.1075, relating to sexual misconduct with 2429 certain forensic clients and reporting of such sexual 2430 misconduct. 2431 59.Section 944.35(3), relating to inflicting cruel or 2432 inhuman treatment on an inmate, resulting in great bodily harm. 2433 60.Section 944.40, relating to escape. 2434 61.Section 944.46, relating to harboring, concealing, or 2435 aiding an escaped prisoner. 2436 62.Section 944.47, relating to introduction of contraband 2437 into a correctional institution. 2438 63.Section 985.701, relating to sexual misconduct in 2439 juvenile justice programs. 2440 64.Section 985.711, relating to introduction of contraband 2441 into a detention facility. 2442 Revisers note.Amended to conform to the amendment of s. 2443 810.145 by s. 1, ch. 2024-132, Laws of Florida, which 2444 redesignated the offense of video voyeurism as digital 2445 voyeurism. 2446 Section 49.Paragraph (c) of subsection (2) of section 2447 456.0145, Florida Statutes, is amended to read: 2448 456.0145Mobile Opportunity by Interstate Licensure 2449 Endorsement (MOBILE) Act. 2450 (2)LICENSURE BY ENDORSEMENT. 2451 (c)A person is ineligible for a license under this section 2452 if the he or she: 2453 1.Has a complaint, an allegation, or an investigation 2454 pending before a licensing entity in another state, the District 2455 of Columbia, or a possession or territory of the United States; 2456 2.Has been convicted of or pled nolo contendere to, 2457 regardless of adjudication, any felony or misdemeanor related to 2458 the practice of a health care profession; 2459 3.Has had a health care provider license revoked or 2460 suspended by another state, the District of Columbia, or a 2461 territory of the United States, or has voluntarily surrendered 2462 any such license in lieu of having disciplinary action taken 2463 against the license; or 2464 4.Has been reported to the National Practitioner Data 2465 Bank, unless the applicant has successfully appealed to have his 2466 or her name removed from the data bank. 2467 Revisers note.Amended to confirm an editorial deletion to 2468 facilitate correct interpretation. 2469 Section 50.Section 7 of section 456.4501, Florida 2470 Statutes, is amended to read: 2471 456.4501Interstate Medical Licensure Compact.The 2472 Interstate Medical Licensure Compact is hereby enacted into law 2473 and entered into by this state with all other jurisdictions 2474 legally joining therein in the form substantially as follows: 2475 2476 SECTION 7 2477 COORDINATED INFORMATION SYSTEM 2478 2479 (1)The Interstate Commission shall establish a database of 2480 all physicians licensed, or who have applied for licensure, 2481 under Section 5. 2482 (2)Notwithstanding any other provision of law, member 2483 boards shall report to the Interstate Commission any public 2484 action or complaints against a licensed physician who has 2485 applied for or received an expedited license through the 2486 compact. 2487 (3)Member boards shall report to the Interstate Commission 2488 disciplinary or investigatory information determined as 2489 necessary and proper by rule of the Interstate Commission. 2490 (4)Member boards may report to the Interstate Commission 2491 any nonpublic complaint, disciplinary, or investigatory 2492 information not required by subsection (3). 2493 (5)Member boards shall share complaint or disciplinary 2494 information about a physician upon request of another member 2495 board. 2496 (6)All information provided to the Interstate Commission 2497 or distributed by member boards shall be confidential, filed 2498 under seal, and used only for investigatory or disciplinary 2499 matters. 2500 (7)The Interstate Commission may develop rules for 2501 mandated or discretionary sharing of information by member 2502 boards. 2503 Revisers note.Amended to confirm an editorial insertion to 2504 improve clarity. 2505 Section 51.Paragraph (c) of subsection (2) of section 2506 459.0075, Florida Statutes, is amended to read: 2507 459.0075Limited licenses. 2508 (2)GRADUATE ASSISTANT PHYSICIANS.A graduate assistant 2509 physician is a medical school graduate who meets the 2510 requirements of this subsection and has obtained a limited 2511 license from the board for the purpose of practicing temporarily 2512 under the direct supervision of a physician who has a full, 2513 active, and unencumbered license issued under this chapter, 2514 pending the graduates entrance into a residency under the 2515 National Resident Match Program. 2516 (c)A graduate assistant physician limited licensee may 2517 apply for a one-time renewal of his or her limited license 2518 licensed by submitting a board-approved application, 2519 documentation of actual practice under the required protocol 2520 during the initial limited licensure period, and documentation 2521 of applications he or she has submitted for accredited graduate 2522 medical education training programs. The one-time renewal 2523 terminates after 1 year. A graduate assistant physician who has 2524 received a limited license under this subsection is not eligible 2525 to apply for another limited license, regardless of whether he 2526 or she received a one-time renewal under this paragraph. 2527 Revisers note.Amended to confirm an editorial substitution to 2528 facilitate correct interpretation. 2529 Section 52.Subsection (4) of section 465.022, Florida 2530 Statutes, is amended to read 2531 465.022Pharmacies; general requirements; fees. 2532 (4)An application for a pharmacy permit must include the 2533 applicants written policies and procedures for preventing 2534 controlled substance dispensing based on fraudulent 2535 representations or invalid practitioner-patient relationships. 2536 The board must review the policies and procedures and may deny a 2537 permit if the policies and procedures are insufficient to 2538 reasonably prevent such dispensing. The department may phase in 2539 the submission and review of policies and procedures over one 2540 18-month period beginning July 1, 2011. 2541 Revisers note.Amended to delete obsolete language. 2542 Section 53.Subsection (3) of section 466.016, Florida 2543 Statutes, is amended to read: 2544 466.016License to be displayed. 2545 (3)Any partnership, corporation, or other business entity 2546 that advertises dental services shall designate with the board a 2547 dentist of record and provide each patient with the name, 2548 contact telephone number, after-hours contact information for 2549 emergencies, and, upon the patients request, license 2550 information of the dentist of record. The designated dentist 2551 shall have a full, active, and unencumbered license under this 2552 chapter or a registration pursuant to s. 456.47. 2553 Revisers note.Amended to confirm an editorial insertion to 2554 improve clarity. 2555 Section 54.Paragraphs (t)-(v), (aa), and (mm) of 2556 subsection (1) of section 466.028, Florida Statutes, are amended 2557 to read: 2558 466.028Grounds for disciplinary action; action by the 2559 board. 2560 (1)The following acts constitute grounds for denial of a 2561 license or disciplinary action, as specified in s. 456.072(2): 2562 (t)Committing fraud, deceit, or misconduct in the practice 2563 of dentistry or dental hygiene. 2564 (u)Failing Failure to provide and maintain reasonable 2565 sanitary facilities and conditions. 2566 (v)Failing Failure to provide adequate radiation 2567 safeguards. 2568 (aa)Violating The violation of a lawful order of the board 2569 or department previously entered in a disciplinary hearing; or 2570 failure to comply with a lawfully issued subpoena of the board 2571 or department. 2572 (mm)Failing Failure by the dentist of record, before the 2573 initial diagnosis and correction of a malposition of human teeth 2574 or initial use of an orthodontic appliance, to perform an in 2575 person examination of the patient or obtain records from an in 2576 person examination within the last 12 months and to perform a 2577 review of the patients most recent diagnostic digital or 2578 conventional radiographs or other equivalent bone imaging 2579 suitable for orthodontia. 2580 Revisers note.Amended to provide grammatical consistency with 2581 the other paragraphs in this subsection. 2582 Section 55.Section 466.0281, Florida Statutes, is amended 2583 to read: 2584 466.0281Initial examination for orthodontic appliance. 2585 Before the initial diagnosis and correction of a malposition of 2586 human teeth or initial use of an orthodontic appliance, a 2587 dentist must perform an in-person examination of the patient or 2588 obtain records from an in-person examination within the previous 2589 12 months and to perform a review of the patients most recent 2590 diagnostic digital or conventional radiographs or other 2591 equivalent bone imaging suitable for orthodontia. The term in 2592 person examination means an examination conducted by a dentist 2593 while the dentist is physically present in the same room as the 2594 patient. 2595 Revisers note.Amended to confirm an editorial deletion to 2596 improve clarity. 2597 Section 56.Subsection (1) of section 493.6127, Florida 2598 Statutes, is amended to read: 2599 493.6127Appointment of tax collectors to accept 2600 applications and renewals for licenses; fees; penalties. 2601 (1)The department may appoint a tax collector, a county 2602 officer as described in s. 1(d), Art. VIII of the State 2603 Constitution, to accept new, renewal, and replacement license 2604 applications on behalf of the department for licenses issued 2605 under this chapter. Such appointment shall be for specified 2606 locations that will best serve the public interest and 2607 convenience of in persons applying for these licenses. The 2608 department shall establish by rule the type of new, renewal, or 2609 replacement licenses a tax collector appointed under this 2610 section is authorized to accept. 2611 Revisers note.Amended to confirm an editorial substitution to 2612 improve clarity. 2613 Section 57.Paragraph (b) of subsection (6) of section 2614 516.15, Florida Statutes, is amended to read: 2615 516.15Duties of licensee.Every licensee shall: 2616 (6)Offer the borrower at the time a loan is made a credit 2617 education program or seminar provided, in writing or by 2618 electronic means, by the licensee or a third-party provider. The 2619 credit education program or seminar may address, but need not be 2620 limited to, any of the following topics: 2621 (b)The impact of, value of, and ways to improve a credit 2622 score. 2623 2624 A credit education program or seminar offered under this 2625 subsection must be offered at no cost to the borrower. A 2626 licensee may not require a borrower to participate in a credit 2627 education program or seminar as a condition of receiving a loan. 2628 Revisers note.Amended to confirm an editorial insertion to 2629 improve clarity. 2630 Section 58.Paragraph (f) of subsection (2) of section 2631 516.38, Florida Statutes, is amended to read: 2632 516.38Annual reports by licensees. 2633 (2)The report must include the following information for 2634 the preceding calendar year: 2635 (f)The total number of loans, separated by principal 2636 amount, in the following ranges as of December 31 of the 2637 preceding calendar year: 2638 1.Up to and including $5,000. 2639 2.From $5,001 Five thousand and one dollars to $10,000. 2640 3.From $10,001 Ten thousand and one dollars to $15,000. 2641 4.From $15,001 Fifteen thousand and one dollars to 2642 $20,000. 2643 5.From $20,001 Twenty thousand and one dollars to $25,000. 2644 Revisers note.Amended to confirm editorial insertions, and 2645 editorial substitutions of dollar amounts to figures, to 2646 conform to style elsewhere in the section. 2647 Section 59.Paragraph (b) of subsection (5) of section 2648 517.131, Florida Statutes, is amended to read: 2649 517.131Securities Guaranty Fund. 2650 (5)An eligible person, or a receiver on behalf of the 2651 eligible person, seeking payment from the Securities Guaranty 2652 Fund must file with the office a written application on a form 2653 that the commission may prescribe by rule. The commission may 2654 adopt by rule procedures for filing documents by electronic 2655 means, provided that such procedures provide the office with the 2656 information and data required by this section. The application 2657 must be filed with the office within 1 year after the date of 2658 the final judgment, the date on which a restitution order has 2659 been ripe for execution, or the date of any appellate decision 2660 thereon, and, at minimum, must contain all of the following 2661 information: 2662 (b)The name of the person ordered to pay restitution. 2663 Revisers note.Amended to improve clarity. 2664 Section 60.Paragraph (b) of subsection (6) of section 2665 550.0351, Florida Statutes, is amended to read: 2666 550.0351Charity days. 2667 (6) 2668 (b)The funds derived from the operation of the additional 2669 scholarship day shall be allocated as provided in this section 2670 and paid to Pasco-Hernando State College Pasco-Hernando 2671 Community College. 2672 Revisers note.Amended to confirm an editorial substitution to 2673 conform to the renaming of the college by s. 1, ch. 2014-8, 2674 Laws of Florida. 2675 Section 61.Subsection (7) of section 553.8991, Florida 2676 Statutes, is amended to read: 2677 553.8991Resiliency and Safe Structures Act. 2678 (7)APPLICATION AND CONSTRUCTION.This section applies 2679 retroactively to any law adopted contrary to this section or its 2680 intent and must be liberally construed to effectuate its intent. 2681 This section does not apply to or affect s. 553.79(25) 2682 553.79(26). 2683 Revisers note.Amended to conform to the deletion of former s. 2684 553.79(16) by s. 3, ch. 2024-191, Laws of Florida. 2685 Section 62.Section 569.31, Florida Statutes, is reenacted 2686 to read: 2687 569.31Definitions.As used in this part, the term: 2688 (1)Dealer is synonymous with the term retail nicotine 2689 products dealer. 2690 (2)Division means the Division of Alcoholic Beverages 2691 and Tobacco of the Department of Business and Professional 2692 Regulation. 2693 (3)FDA means the United States Food and Drug 2694 Administration. 2695 (4)Nicotine dispensing device means any product that 2696 employs an electronic, chemical, or mechanical means to produce 2697 vapor or aerosol from a nicotine product, including, but not 2698 limited to, an electronic cigarette, electronic cigar, 2699 electronic cigarillo, electronic pipe, or other similar device 2700 or product, any replacement cartridge for such device, and any 2701 other container of nicotine in a solution or other form intended 2702 to be used with or within an electronic cigarette, electronic 2703 cigar, electronic cigarillo, electronic pipe, or other similar 2704 device or product. For purposes of this definition, each 2705 individual stock keeping unit is considered a separate nicotine 2706 dispensing device. 2707 (5)Nicotine product means any product that contains 2708 nicotine, including liquid nicotine, which is intended for human 2709 consumption, whether inhaled, chewed, absorbed, dissolved, or 2710 ingested by any means. The term also includes any nicotine 2711 dispensing device. The term does not include a: 2712 (a)Tobacco product, as defined in s. 569.002; 2713 (b)Product regulated as a drug or device by the United 2714 States Food and Drug Administration under Chapter V of the 2715 Federal Food, Drug, and Cosmetic Act; or 2716 (c)Product that contains incidental nicotine. 2717 (6)Nicotine products manufacturer means any person or 2718 entity that manufactures nicotine products. 2719 (7)Permit is synonymous with the term retail nicotine 2720 products dealer permit. 2721 (8)Retail nicotine products dealer means the holder of a 2722 retail nicotine products dealer permit. 2723 (9)Retail nicotine products dealer permit means a permit 2724 issued by the division under s. 569.32. 2725 (10)Self-service merchandising means the open display of 2726 nicotine products, whether packaged or otherwise, for direct 2727 retail customer access and handling before purchase without the 2728 intervention or assistance of the dealer or the dealers owner, 2729 employee, or agent. An open display of such products and devices 2730 includes the use of an open display unit. 2731 (11)Sell or sale means, in addition to its common 2732 usage meaning, any sale, transfer, exchange, barter, gift, or 2733 offer for sale and distribution, in any manner or by any means. 2734 (12)Any person under the age of 21 does not include any 2735 person under the age of 21 who: 2736 (a)Is in the military reserve or on active duty in the 2737 Armed Forces of the United States; or 2738 (b)Is acting in his or her scope of lawful employment. 2739 Revisers note.Section 1, ch. 2024-127, Laws of Florida, 2740 purported to amend s. 569.31, but did not publish 2741 subsection (9), which was published and redesignated as 2742 subsection (12) by the editors to conform to the subsection 2743 redesignations by s. 1, ch. 2024-127. Absent affirmative 2744 evidence of legislative intent to repeal it, s. 569.31 is 2745 reenacted to confirm that the omission was not intended. 2746 Section 63.Paragraph (a) of subsection (6) of section 2747 581.189, Florida Statutes, is amended to read: 2748 581.189Dealing in, buying, transporting, and processing 2749 saw palmetto berries. 2750 (6)(a)A harvester that exchanges or offers to exchange saw 2751 palmetto berries with a saw palmetto dealer, seller, or 2752 processor for money or any other valuable consideration without 2753 first presenting to the saw palmetto berry dealer, seller, or 2754 processor the persons entire permit, as provided in s. 581.185, 2755 or the landowners written permission commits a misdemeanor of 2756 the first degree, punishable as provided in s. 775.082 or s. 2757 775.083. 2758 Revisers note.Amended to confirm an editorial insertion to 2759 improve clarity. 2760 Section 64.Paragraph (a) of subsection (6) of section 2761 605.0115, Florida Statutes, is amended to read: 2762 605.0115Resignation of registered agent. 2763 (6)(a)If a registered agent is resigning as registered 2764 agent from more than one limited liability company that each has 2765 been dissolved, either voluntarily, administratively, or by 2766 court action, for a continuous period of 10 years or longer, the 2767 registered agent may elect to file the statement of resignation 2768 separately for each such limited liability company or may elect 2769 to file a single composite statement of resignation covering two 2770 or more limited liability companies. Any such composite 2771 statement of resignation must set forth, for each such limited 2772 liability company covered by the statement of resignation, the 2773 name of the respective limited liability company and the date 2774 dissolution became effective for the respective limited 2775 liability company. 2776 Revisers note.Amended to confirm an editorial insertion to 2777 conform to context. 2778 Section 65.Subsection (4) of section 607.0149, Florida 2779 Statutes, is amended to read: 2780 607.0149Notice requirements. 2781 (4)Notice under this section is not required with respect 2782 to any action required to be submitted to shareholders for 2783 approval pursuant to s. 607.0147(3) if notice is given in 2784 accordance with s. 607.0148(2). 2785 Revisers note.Amended to confirm an editorial insertion to 2786 improve clarity. 2787 Section 66.Paragraph (b) of subsection (1) of section 2788 624.27, Florida Statutes, is amended to read: 2789 624.27Direct health care agreements; exemption from code. 2790 (1)As used in this section, the term: 2791 (b)Health care provider means a health care provider 2792 licensed under chapter 458, chapter 459, chapter 460, chapter 2793 461, chapter 464, or chapter 466, chapter 490, or chapter 491, 2794 or a health care group practice, who provides health care 2795 services to patients. 2796 Revisers note.Amended to confirm an editorial deletion to 2797 conform to context. 2798 Section 67.Paragraph (c) of subsection (10) of section 2799 624.307, Florida Statutes, is amended to read: 2800 624.307General powers; duties. 2801 (10) 2802 (c)Each insurer issued a certificate of authority or made 2803 an eligible surplus lines insurer shall file with the department 2804 an e-mail address to which requests for response to consumer 2805 complaints shall be directed pursuant to paragraph (b). Such 2806 insurer shall also designate a contact person for escalated 2807 complaint issues and shall provide the name, e-mail address, and 2808 telephone number of such person. A licensee of the department, 2809 including an agency or a firm, may elect to designate designated 2810 an e-mail address to which requests for response to consumer 2811 complaints shall be directed pursuant to paragraph (b). If a 2812 licensee, including an agency or a firm, elects not to designate 2813 an e-mail address, the department shall direct requests for 2814 response to consumer complaints to the e-mail address of record 2815 for the licensee in the departments licensing system. An 2816 insurer or a licensee, including an agency or a firm, may change 2817 the designated contact information at any time by submitting the 2818 new information to the department using the method designated by 2819 rule by the department. 2820 Revisers note.Amended to confirm an editorial substitution to 2821 conform to context. 2822 Section 68.Paragraph (c) of subsection (1) of section 2823 624.413, Florida Statutes, is amended to read: 2824 624.413Application for certificate of authority. 2825 (1)To apply for a certificate of authority, an insurer 2826 shall file its application therefor with the office, upon a form 2827 adopted by the commission and furnished by the office, showing 2828 its name; location of its home office and, if an alien insurer, 2829 its principal office in the United States; kinds of insurance to 2830 be transacted; state or country of domicile; and such additional 2831 information as the commission reasonably requires, together with 2832 the following documents: 2833 (c)If a foreign or alien reciprocal insurer, a copy of the 2834 power of attorney of its attorney in fact and of its 2835 subscribers agreement, if any, certified by the attorney in 2836 fact; and, if a domestic reciprocal insurer, the permit 2837 application declaration provided for in s. 629.081. 2838 Revisers note.Amended to conform to s. 15, ch. 2024-182, Laws 2839 of Florida, which replaced references to a declaration in 2840 s. 629.081 with language related to a permit application. 2841 Section 69.Paragraph (c) of subsection (1) of section 2842 624.4213, Florida Statutes, is amended to read: 2843 624.4213Trade secret documents. 2844 (1)If any person who is required to submit documents or 2845 other information to the office or department pursuant to the 2846 insurance code or by rule or order of the office, department, or 2847 commission claims that such submission contains a trade secret, 2848 such person may file with the office or department a notice of 2849 trade secret as provided in this section. Failure to do so 2850 constitutes a waiver of any claim by such person that the 2851 document or information is a trade secret. 2852 (c)In submitting a notice of trade secret to the office or 2853 department, the submitting party must include an affidavit 2854 certifying under oath to the truth of the following statements 2855 concerning all documents or information that are claimed to be 2856 trade secrets: 2857 1....(I consider/My company considers)... [I consider/My 2858 company considers] this information a trade secret that has 2859 value and provides an advantage or an opportunity to obtain an 2860 advantage over those who do not know or use it. 2861 2....(I have/My company has)... [I have/My company has] 2862 taken measures to prevent the disclosure of the information to 2863 anyone other than those who have been selected to have access 2864 for limited purposes, and ...(I intend/my company intends)... [I 2865 intend/my company intends] to continue to take such measures. 2866 3.The information is not, and has not been, reasonably 2867 obtainable without ...(my/our)... [my/our] consent by other 2868 persons by use of legitimate means. 2869 4.The information is not publicly available elsewhere. 2870 Revisers note.Amended to conform to general style in forms. 2871 Section 70.Paragraph (d) of subsection (8) of section 2872 624.424, Florida Statutes, is amended to read: 2873 624.424Annual statement and other information. 2874 (8) 2875 (d)Upon creation of the continuing education required 2876 under this paragraph, the certified public accountant who that 2877 prepares the audit must be licensed to practice pursuant to 2878 chapter 473 and must have completed at least 4 hours of 2879 insurance-related continuing education during each 2-year 2880 continuing education cycle. An insurer may not use the same 2881 accountant or partner of an accounting firm responsible for 2882 preparing the report required by this subsection for more than 5 2883 consecutive years. Following this period, the insurer may not 2884 use such accountant or partner for a period of 5 years, but may 2885 use another accountant or partner of the same firm. An insurer 2886 may request the office to waive this prohibition based upon an 2887 unusual hardship to the insurer and a determination that the 2888 accountant is exercising independent judgment that is not unduly 2889 influenced by the insurer considering such factors as the number 2890 of partners, expertise of the partners or the number of 2891 insurance clients of the accounting firm; the premium volume of 2892 the insurer; and the number of jurisdictions in which the 2893 insurer transacts business. 2894 Revisers note.Amended to confirm an editorial substitution to 2895 conform to context. 2896 Section 71.Paragraph (b) of subsection (1) of section 2897 624.470, Florida Statutes, is amended to read: 2898 624.470Annual reports. 2899 (1) 2900 (b)For financial statements filed on or after January 1, 2901 1998, future investment income may only be reported as an 2902 admitted asset by an Assessable Mutual or Self-Insurance Fund 2903 which reported future investment income in financial statements 2904 filed with the former Department of Insurance prior to January 2905 1, 1998. 2906 Revisers note.Amended to conform to the fact that the duties 2907 of the Department of Insurance were transferred to the 2908 Department of Financial Services or the Financial Services 2909 Commission by ch. 2002-404, Laws of Florida, effective 2910 January 7, 2003. Section 3, ch. 2003-1, Laws of Florida, 2911 and s. 1978, ch. 2003-261, Laws of Florida, repealed s. 2912 20.13, which created the Department of Insurance. 2913 Section 72.Subsection (3) of section 626.878, Florida 2914 Statutes, is amended to read: 2915 626.878Rules; code of ethics. 2916 (3)An adjuster who has had his or her license licensed 2917 revoked or suspended may not participate in any part of an 2918 insurance claim or in the insurance claims adjusting process, 2919 including estimating, completing, filing, negotiating, 2920 appraising, mediating, umpiring, or effecting settlement of a 2921 claim for loss or damage covered under an insurance contract. A 2922 person who provides these services while the persons license is 2923 revoked or suspended acts as an unlicensed adjuster. 2924 Revisers note.Amended to confirm an editorial substitution to 2925 conform to context. 2926 Section 73.Paragraph (d) of subsection (6) of section 2927 627.410, Florida Statutes, is amended to read: 2928 627.410Filing, approval of forms. 2929 (6) 2930 (d)Every filing made pursuant to this subsection, except 2931 disability income policies and accidental death policies, is 2932 prohibited from applying the following rating practices: 2933 1.Select and ultimate premium schedules. 2934 2.Premium class definitions that classify insureds insured 2935 based on year of issue or duration since issue. 2936 3.Attained age premium structures on policy forms under 2937 which more than 50 percent of the policies are issued to persons 2938 age 65 or over. 2939 Revisers note.Amended to conform to context. 2940 Section 74.Subsection (1) of section 629.121, Florida 2941 Statutes, is amended to read: 2942 629.121Attorneys bond. 2943 (1)Concurrently with the filing of the permit application 2944 declaration provided for in s. 629.081, the attorney of a 2945 domestic reciprocal insurer shall file with the office a bond in 2946 favor of this state for the benefit of all persons damaged as a 2947 result of breach by the attorney of the conditions of his or her 2948 bond as set forth in subsection (2). The bond shall be executed 2949 by the attorney and by an authorized corporate surety and shall 2950 be subject to the approval of the office. 2951 Revisers note.Amended to conform to s. 15, ch. 2024-182, Laws 2952 of Florida, which replaced references to a declaration in 2953 s. 629.081 with language related to a permit application. 2954 Section 75.Subsection (9) of section 648.25, Florida 2955 Statutes, is amended to read: 2956 648.25Definitions.As used in this chapter, the term: 2957 (9)Referring bail bond agent means is the limited surety 2958 agent who is requesting the transfer bond. The referring bail 2959 bond agent is the agent held liable for the transfer bond, along 2960 with the issuing surety company. 2961 Revisers note.Amended to confirm an editorial substitution to 2962 conform to the style used in the section. 2963 Section 76.Paragraph (c) of subsection (1) of section 2964 655.0591, Florida Statutes, is amended to read: 2965 655.0591Trade secret documents. 2966 (1)If any person who is required to submit documents or 2967 other information to the office pursuant to the financial 2968 institutions codes, or by rule or order of the office or 2969 commission, claims that such submission contains a trade secret, 2970 such person may file with the office a notice of trade secret 2971 when the information is submitted to the office as provided in 2972 this section. Failure to file such notice constitutes a waiver 2973 of any claim by such person that the document or information is 2974 a trade secret. The notice must provide the contact information 2975 of the person claiming ownership of the trade secret. The person 2976 claiming the trade secret is responsible for updating the 2977 contact information with the office. 2978 (c)In submitting a notice of trade secret to the office or 2979 the Department of Financial Services, the submitting party shall 2980 include an affidavit certifying under oath to the truth of the 2981 following statements concerning all documents or information 2982 that are claimed to be trade secrets: 2983 1....(I consider/my company considers)... [...I 2984 consider/my company considers...] this information a trade 2985 secret that has value and provides an advantage or an 2986 opportunity to obtain an advantage over those who do not know or 2987 use it. 2988 2....(I have/my company has)... [...I have/my company 2989 has...] taken measures to prevent the disclosure of the 2990 information to anyone other than those who have been selected to 2991 have access for limited purposes, and ...(I intend/my company 2992 intends)... [...I intend/my company intends...] to continue to 2993 take such measures. 2994 3.The information is not, and has not been, reasonably 2995 obtainable without ...(my/our)... [...my/our...] consent by 2996 other persons by use of legitimate means. 2997 4.The information is not publicly available elsewhere. 2998 Revisers note.Amended to conform to general style in forms. 2999 Section 77.Subsection (1) of section 683.06, Florida 3000 Statutes, is amended to read: 3001 683.06Pascua Florida Day. 3002 (1)April 2 of each year is hereby designated as Florida 3003 State Day. The day is to be known as Pascua Florida Day. 3004 Revisers note.Amended to confirm an editorial insertion to 3005 improve sentence structure. 3006 Section 78.Subsection (4) of section 709.2209, Florida 3007 Statutes, is amended to read: 3008 709.2209Supported decisionmaking agreements. 3009 (4)A communication made by the principal with the 3010 assistance of or through an agent under a supported 3011 decisionmaking agreement that is within the authority granted to 3012 the agent may be recognized for as a communication of the 3013 principal. 3014 Revisers note.Amended to confirm an editorial deletion to 3015 improve clarity. 3016 Section 79.Subsection (1) of section 715.105, Florida 3017 Statutes, is amended to read: 3018 715.105Form of notice concerning abandoned property to 3019 former tenant. 3020 (1)A notice to the former tenant which is in substantially 3021 the following form satisfies the requirements of s. 715.104: 3022 3023 Notice of Right to Reclaim Abandoned Property 3024 To:...(Name of former tenant)... 3025 ...(Address of former tenant)... 3026 When you vacated the premises at ...(address of premises, 3027 including room or apartment number, if any)..., the following 3028 personal property remained: ...(insert description of personal 3029 property).... 3030 You may claim this property at ...(address where property 3031 may be claimed).... 3032 Unless you pay the reasonable costs of storage and 3033 advertising, if any, for all the above-described property and 3034 take possession of the property which you claim, not later than 3035 ...(insert date not fewer than 10 days after notice is 3036 personally delivered or, if mailed, not fewer than 15 days after 3037 notice is deposited in the mail)..., this property may be 3038 disposed of pursuant to s. 715.109, Florida Statutes. 3039 ...(Insert here the statement required by subsection 3040 (2))... 3041 Dated:.... ...(Signature of landlord)... 3042 ...(Type or print name of landlord)... 3043 ...(Telephone number)... 3044 ...(Address)... 3045 Revisers note.Amended to conform to general style in forms. 3046 Section 80.Subsections (4) and (11) of section 717.101, 3047 Florida Statutes, are amended to read: 3048 717.101Definitions.As used in this chapter, unless the 3049 context otherwise requires: 3050 (4)Audit agent means a person with whom the department 3051 enters into a contract with to conduct an audit or examination. 3052 The term includes an independent contractor of the person and 3053 each individual participating in the audit on behalf of the 3054 person or contractor. 3055 (11)Domicile means the state of incorporation for a 3056 corporation; the state of filing for a business association, 3057 other than a corporation, whose formation or organization 3058 requires a filing with a state; the state of organization for a 3059 business association, other than a corporation, whose formation 3060 or organization does not require a filing with a state; or the 3061 state of home office for a federally charted entity. 3062 Revisers note.Subsection (4) is amended to confirm an 3063 editorial deletion to improve sentence structure. 3064 Subsection (11) is amended to confirm an editorial 3065 insertion to improve clarity. 3066 Section 81.Paragraph (a) of subsection (1) of section 3067 717.1201, Florida Statutes, is amended to read: 3068 717.1201Custody by state; holder liability; reimbursement 3069 of holder paying claim; reclaiming for owner; payment of safe 3070 deposit box or repository charges. 3071 (1)Upon the good faith payment or delivery of unclaimed 3072 property to the department, the state assumes custody and 3073 responsibility for the safekeeping of the property. Any person 3074 who pays or delivers unclaimed property to the department in 3075 good faith is relieved of all liability to the extent of the 3076 value of the property paid or delivered for any claim then 3077 existing or which thereafter may arise or be made in respect to 3078 the property. 3079 (a)A holders substantial compliance with s. 717.117(6) 3080 and good faith payment or delivery of unclaimed property to the 3081 department releases the holder from liability that may arise 3082 from such payment or delivery, and such delivery and payment may 3083 be pleaded plead as a defense in any suit or action brought by 3084 reason of such delivery or payment. This section does not 3085 relieve a fiduciary of his or her duties under the Florida Trust 3086 Code or Florida Probate Code. 3087 Revisers note.Amended to confirm an editorial substitution to 3088 conform to context. 3089 Section 82.Paragraphs (c) and (f) of subsection (12) of 3090 section 718.111, Florida Statutes, are amended to read: 3091 718.111The association. 3092 (12)OFFICIAL RECORDS. 3093 (c)1.a.The official records of the association are open to 3094 inspection by any association member and any person authorized 3095 by an association member as a representative of such member at 3096 all reasonable times. The right to inspect the records includes 3097 the right to make or obtain copies, at the reasonable expense, 3098 if any, of the member and of the person authorized by the 3099 association member as a representative of such member. A renter 3100 of a unit has a right to inspect and copy only the declaration 3101 of condominium, the associations bylaws and rules, and the 3102 inspection reports described in ss. 553.899 and 718.301(4)(p). 3103 The association may adopt reasonable rules regarding the 3104 frequency, time, location, notice, and manner of record 3105 inspections and copying but may not require a member to 3106 demonstrate any purpose or state any reason for the inspection. 3107 The failure of an association to provide the records within 10 3108 working days after receipt of a written request creates a 3109 rebuttable presumption that the association willfully failed to 3110 comply with this paragraph. A unit owner who is denied access to 3111 official records is entitled to the actual damages or minimum 3112 damages for the associations willful failure to comply. Minimum 3113 damages are $50 per calendar day for up to 10 days, beginning on 3114 the 11th working day after receipt of the written request. The 3115 failure to permit inspection entitles any person prevailing in 3116 an enforcement action to recover reasonable attorney fees from 3117 the person in control of the records who, directly or 3118 indirectly, knowingly denied access to the records. If the 3119 requested records are posted on an associations website, or are 3120 available for download through an application on a mobile 3121 device, the association may fulfill its obligations under this 3122 paragraph by directing to the website or the application all 3123 persons authorized to request access. 3124 b.In response to a written request to inspect records, the 3125 association must simultaneously provide to the requestor a 3126 checklist of all records made available for inspection and 3127 copying. The checklist must also identify any of the 3128 associations official records that were not made available to 3129 the requestor. An association must maintain a checklist provided 3130 under this sub-subparagraph for 7 years. An association 3131 delivering a checklist pursuant to this sub-subparagraph creates 3132 a rebuttable presumption that the association has complied with 3133 this paragraph. 3134 2.A director or member of the board or association or a 3135 community association manager who knowingly, willfully, and 3136 repeatedly violates subparagraph 1. commits a misdemeanor of the 3137 second degree, punishable as provided in s. 775.082 or s. 3138 775.083, and must be removed from office and a vacancy declared. 3139 For purposes of this subparagraph, the term repeatedly means 3140 two or more violations within a 12-month period. 3141 3.Any person who knowingly or intentionally defaces or 3142 destroys accounting records that are required by this chapter to 3143 be maintained during the period for which such records are 3144 required to be maintained, or who knowingly or intentionally 3145 fails to create or maintain accounting records that are required 3146 to be created or maintained, with the intent of causing harm to 3147 the association or one or more of its members, commits a 3148 misdemeanor of the first degree, punishable as provided in s. 3149 775.082 or s. 775.083; is personally subject to a civil penalty 3150 pursuant to s. 718.501(1)(e) 718.501(1)(d); and must be removed 3151 from office and a vacancy declared. 3152 4.A person who willfully and knowingly refuses to release 3153 or otherwise produce association records with the intent to 3154 avoid or escape detection, arrest, trial, or punishment for the 3155 commission of a crime, or to assist another person with such 3156 avoidance or escape, commits a felony of the third degree, 3157 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 3158 and must be removed from office and a vacancy declared. 3159 5.The association shall maintain an adequate number of 3160 copies of the declaration, articles of incorporation, bylaws, 3161 and rules, and all amendments to each of the foregoing, as well 3162 as the question and answer sheet as described in s. 718.504 and 3163 year-end financial information required under this section, on 3164 the condominium property to ensure their availability to unit 3165 owners and prospective purchasers, and may charge its actual 3166 costs for preparing and furnishing these documents to those 3167 requesting the documents. An association shall allow a member or 3168 his or her authorized representative to use a portable device, 3169 including a smartphone, tablet, portable scanner, or any other 3170 technology capable of scanning or taking photographs, to make an 3171 electronic copy of the official records in lieu of the 3172 associations providing the member or his or her authorized 3173 representative with a copy of such records. The association may 3174 not charge a member or his or her authorized representative for 3175 the use of a portable device. Notwithstanding this paragraph, 3176 the following records are not accessible to unit owners: 3177 a.Any record protected by the lawyer-client privilege as 3178 described in s. 90.502 and any record protected by the work 3179 product privilege, including a record prepared by an association 3180 attorney or prepared at the attorneys express direction, which 3181 reflects a mental impression, conclusion, litigation strategy, 3182 or legal theory of the attorney or the association, and which 3183 was prepared exclusively for civil or criminal litigation or for 3184 adversarial administrative proceedings, or which was prepared in 3185 anticipation of such litigation or proceedings until the 3186 conclusion of the litigation or proceedings. 3187 b.Information obtained by an association in connection 3188 with the approval of the lease, sale, or other transfer of a 3189 unit. 3190 c.Personnel records of association or management company 3191 employees, including, but not limited to, disciplinary, payroll, 3192 health, and insurance records. For purposes of this sub 3193 subparagraph, the term personnel records does not include 3194 written employment agreements with an association employee or 3195 management company, or budgetary or financial records that 3196 indicate the compensation paid to an association employee. 3197 d.Medical records of unit owners. 3198 e.Social security numbers, driver license numbers, credit 3199 card numbers, e-mail addresses, telephone numbers, facsimile 3200 numbers, emergency contact information, addresses of a unit 3201 owner other than as provided to fulfill the associations notice 3202 requirements, and other personal identifying information of any 3203 person, excluding the persons name, unit designation, mailing 3204 address, property address, and any address, e-mail address, or 3205 facsimile number provided to the association to fulfill the 3206 associations notice requirements. Notwithstanding the 3207 restrictions in this sub-subparagraph, an association may print 3208 and distribute to unit owners a directory containing the name, 3209 unit address, and all telephone numbers of each unit owner. 3210 However, an owner may exclude his or her telephone numbers from 3211 the directory by so requesting in writing to the association. An 3212 owner may consent in writing to the disclosure of other contact 3213 information described in this sub-subparagraph. The association 3214 is not liable for the inadvertent disclosure of information that 3215 is protected under this sub-subparagraph if the information is 3216 included in an official record of the association and is 3217 voluntarily provided by an owner and not requested by the 3218 association. 3219 f.Electronic security measures that are used by the 3220 association to safeguard data, including passwords. 3221 g.The software and operating system used by the 3222 association which allow the manipulation of data, even if the 3223 owner owns a copy of the same software used by the association. 3224 The data is part of the official records of the association. 3225 h.All affirmative acknowledgments made pursuant to s. 3226 718.121(4)(c). 3227 (f)An outgoing board or committee member must relinquish 3228 all official records and property of the association in his or 3229 her possession or under his or her control to the incoming board 3230 within 5 days after the election. The division shall impose a 3231 civil penalty as set forth in s. 718.501(1)(e)6. 718.501(1)(d)6. 3232 against an outgoing board or committee member who willfully and 3233 knowingly fails to relinquish such records and property. 3234 Revisers note.Amended to correct cross-references to conform 3235 to the redesignation of s. 718.501(1)(d) as s. 3236 718.501(1)(e) by s. 21, ch. 2024-244, Laws of Florida. 3237 Section 83.Paragraph (c) of subsection (4) of section 3238 719.108, Florida Statutes, is amended to read: 3239 719.108Rents and assessments; liability; lien and 3240 priority; interest; collection; cooperative ownership. 3241 (4)The association has a lien on each cooperative parcel 3242 for any unpaid rents and assessments, plus interest, and any 3243 administrative late fees. If authorized by the cooperative 3244 documents, the lien also secures reasonable attorney fees 3245 incurred by the association incident to the collection of the 3246 rents and assessments or enforcement of such lien. The lien is 3247 effective from and after recording a claim of lien in the public 3248 records in the county in which the cooperative parcel is located 3249 which states the description of the cooperative parcel, the name 3250 of the unit owner, the amount due, and the due dates. Except as 3251 otherwise provided in this chapter, a lien may not be filed by 3252 the association against a cooperative parcel until 45 days after 3253 the date on which a notice of intent to file a lien has been 3254 delivered to the owner. 3255 (c)By recording a notice in substantially the following 3256 form, a unit owner or the unit owners agent or attorney may 3257 require the association to enforce a recorded claim of lien 3258 against his or her cooperative parcel: 3259 3260 NOTICE OF CONTEST OF LIEN 3261 3262 TO: ...(Name and address of association)...: 3263 3264 You are notified that the undersigned contests the 3265 claim of lien filed by you on ...., ...(year)..., and 3266 recorded in Official Records Book .... at Page ...., 3267 of the public records of .... County, Florida, and 3268 that the time within which you may file suit to 3269 enforce your lien is limited to 90 days from the date 3270 of service of this notice. Executed this .... day of 3271 ...., ...(year).... 3272 Signed: ...(Owner or Attorney)... 3273 3274 After notice of contest of lien has been recorded, the clerk of 3275 the circuit court shall mail a copy of the recorded notice to 3276 the association by certified mail, return receipt requested, at 3277 the address shown in the claim of lien or most recent amendment 3278 to it and shall certify to the service on the face of the 3279 notice. Service is complete upon mailing. After service, the 3280 association has 90 days in which to file an action to enforce 3281 the lien. If the action is not filed within the 90-day period, 3282 the lien is void. However, the 90-day period shall be extended 3283 for any length of time during which the association is prevented 3284 from filing its action because of an automatic stay resulting 3285 from the filing of a bankruptcy petition by the unit owner or by 3286 any other person claiming an interest in the parcel. 3287 Revisers note.Amended to remove extraneous punctuation. 3288 Section 84.Subsection (1) of section 720.303, Florida 3289 Statutes, is amended to read: 3290 720.303Association powers and duties; meetings of board; 3291 official records; budgets; financial reporting; association 3292 funds; recalls. 3293 (1)POWERS AND DUTIES.An association that operates a 3294 community as defined in s. 720.301 must be operated by an 3295 association that is a Florida corporation. After October 1, 3296 1995, the association must be incorporated and the initial 3297 governing documents must be recorded in the official records of 3298 the county in which the community is located. An association may 3299 operate more than one community. The officers and directors of 3300 an association are subject to s. 617.0830 and have a fiduciary 3301 relationship to the members who are served by the association. 3302 The powers and duties of an association include those set forth 3303 in this chapter and, except as expressly limited or restricted 3304 in this chapter, those set forth in the governing documents. 3305 After control of the association is obtained by members other 3306 than the developer, the association may institute, maintain, 3307 settle, or appeal actions or hearings in its name on behalf of 3308 all members concerning matters of common interest to the 3309 members, including, but not limited to, the common areas; roof 3310 or structural components of a building, or other improvements 3311 for which the association is responsible; mechanical, 3312 electrical, or plumbing elements serving an improvement or 3313 building for which the association is responsible; 3314 representations of the developer pertaining to any existing or 3315 proposed commonly used facility; and protest of protesting ad 3316 valorem taxes on commonly used facilities. The association may 3317 defend actions in eminent domain or bring inverse condemnation 3318 actions. Before commencing litigation against any party in the 3319 name of the association involving amounts in controversy in 3320 excess of $100,000, the association must obtain the affirmative 3321 approval of a majority of the voting interests at a meeting of 3322 the membership at which a quorum has been attained. This 3323 subsection does not limit any statutory or common-law right of 3324 any individual member or class of members to bring any action 3325 without participation by the association. A member does not have 3326 authority to act for the association by virtue of being a 3327 member. An association may have more than one class of members 3328 and may issue membership certificates. An association of 15 or 3329 fewer parcel owners may enforce only the requirements of those 3330 deed restrictions established prior to the purchase of each 3331 parcel upon an affected parcel owner or owners. 3332 Revisers note.Amended to improve clarity. 3333 Section 85.Paragraph (a) of subsection (1) of section 3334 720.3033, Florida Statutes, is amended to read: 3335 720.3033Officers and directors. 3336 (1)(a)Within 90 days after being elected or appointed to 3337 the board, each director must submit a certificate of having 3338 satisfactorily completed the educational curriculum administered 3339 by a department-approved education provider. 3340 1.The newly elected or appointed director must complete 3341 the department-approved education for newly elected or appointed 3342 directors within 90 days after being elected or appointed. 3343 2.The certificate of completion is valid for a up to 4 3344 years. 3345 3.A director must complete the education specific to newly 3346 elected or appointed directors at least every 4 years. 3347 4.The department-approved educational curriculum specific 3348 to newly elected or appointed directors must include training 3349 relating to financial literacy and transparency, recordkeeping, 3350 levying of fines, and notice and meeting requirements. 3351 5.In addition to the educational curriculum specific to 3352 newly elected or appointed directors: 3353 a.A director of an association that has fewer than 2,500 3354 parcels must complete at least 4 hours of continuing education 3355 annually. 3356 b.A director of an association that has 2,500 parcels or 3357 more must complete at least 8 hours of continuing education 3358 annually. 3359 Revisers note.Amended to confirm an editorial deletion to 3360 improve clarity. 3361 Section 86.Paragraph (d) of subsection (3) of section 3362 720.3075, Florida Statutes, is amended to read: 3363 720.3075Prohibited clauses in association documents. 3364 (3)Homeowners association documents, including 3365 declarations of covenants, articles of incorporation, or bylaws, 3366 may not preclude: 3367 (d)A property owner or a tenant, a guest, or an invitee of 3368 the property owner from parking his or her personal vehicle, 3369 including a pickup truck, in the property owners driveway, or 3370 in any other area in at which the property owner or the property 3371 owners tenant, guest, or invitee has a right to park as 3372 governed by state, county, and municipal regulations. The 3373 homeowners association documents, including declarations of 3374 covenants, articles of incorporation, or bylaws, may not 3375 prohibit, regardless of any official insignia or visible 3376 designation, a property owner or a tenant, a guest, or an 3377 invitee of the property owner from parking his or her work 3378 vehicle, which is not a commercial motor vehicle as defined in 3379 s. 320.01(25), in the property owners driveway. 3380 Revisers note.Amended to confirm an editorial substitution to 3381 conform to context. 3382 Section 87.Subsection (3) of section 738.505, Florida 3383 Statutes, is amended to read: 3384 738.505Reimbursement of principal from income. 3385 (3)If an asset whose ownership gives rise to a principal 3386 disbursement becomes subject to a successive interest after an 3387 income interest ends, the fiduciary may to make transfers under 3388 subsection (1). 3389 Revisers note.Amended to confirm an editorial deletion to 3390 improve clarity. 3391 Section 88.Paragraph (a) of subsection (1) of section 3392 812.141, Florida Statutes, is amended to read: 3393 812.141Offenses involving critical infrastructure; 3394 improper tampering; civil remedies; trespass on critical 3395 infrastructure; computer offenses involving critical 3396 infrastructure. 3397 (1)For purposes of this section, the term: 3398 (a)Critical infrastructure means: 3399 1.Any linear asset; or 3400 2.Any of the following for which the owner or operator 3401 thereof has employed measures designed to exclude unauthorized 3402 persons, including, but not limited to, fences, barriers, guard 3403 posts, or signs prohibiting trespass: 3404 a.An electric power generation, transmission, or 3405 distribution facility, or a substation, a switching station, or 3406 an electrical control center. 3407 b.A chemical or rubber manufacturing or storage facility. 3408 c.A mining facility. 3409 d.A natural gas or compressed gas compressor station or 3410 storage facility. 3411 e.A gas processing plant, including a plant used in the 3412 processing, treatment, or fractionation of natural gas. 3413 f.A liquid natural gas or propane gas terminal or storage 3414 facility with a capacity of 4,000 gallons or more. 3415 g.A wireless or wired communications facility, including 3416 the tower, antennas antennae, support structures, and all 3417 associated ground-based equipment. 3418 h.A water intake structure, water treatment facility, 3419 wastewater treatment plant, pump station, or lift station. 3420 i.A seaport listed in s. 311.09. 3421 j.A railroad switching yard, trucking terminal, or other 3422 freight transportation facility. 3423 k.An airport as defined in s. 330.27. 3424 l.A spaceport territory as defined in s. 331.303. 3425 m.A transmission facility used by a federally licensed 3426 radio or television station. 3427 n.A military base or military facility conducting research 3428 and development of military weapons systems, subsystems, 3429 components, or parts. 3430 o.A civilian defense industrial base conducting research 3431 and development of military weapons systems, subsystems, 3432 components, or parts. 3433 p.A dam as defined in s. 373.403(1), or other water 3434 control structures such as locks, floodgates, or dikes that are 3435 designed to maintain or control the level of navigable 3436 waterways. 3437 Revisers note.Amended to conform to the general usage of 3438 antennas when referencing transducers and antennae when 3439 referencing insect parts. 3440 Section 89.Paragraph (b) of subsection (1) of section 3441 828.30, Florida Statutes, is amended to read: 3442 828.30Rabies vaccination of dogs, cats, and ferrets. 3443 (1) 3444 (b)Acting under the indirect supervision of a 3445 veterinarian, an employee, an agent, or a contractor of a county 3446 or municipal animal control authority or sheriff may vaccinate 3447 against rabies dogs, cats, and ferrets that are in the custody 3448 of an animal control authority or a sheriff and which that will 3449 be transferred, rescued, fostered, adopted, or reclaimed by the 3450 owner. The supervising veterinarian assumes responsibility for 3451 any person vaccinating animals at his or her direction or under 3452 his or her direct or indirect supervision. As used in this 3453 paragraph, the term indirect supervision means that the 3454 supervising veterinarian is required to be available for 3455 consultation through telecommunications but is not required to 3456 be physically present during such consultation. 3457 Revisers note.Amended to confirm an editorial insertion and an 3458 editorial substitution to improve clarity. 3459 Section 90.Subsection (8) of section 895.02, Florida 3460 Statutes, as amended by section 12 of chapter 2025-1, Laws of 3461 Florida, is reenacted to read: 3462 895.02Definitions.As used in ss. 895.01-895.08, the term: 3463 (8)Racketeering activity means to commit, to attempt to 3464 commit, to conspire to commit, or to solicit, coerce, or 3465 intimidate another person to commit: 3466 (a)Any crime that is chargeable by petition, indictment, 3467 or information under the following provisions of the Florida 3468 Statutes: 3469 1.Section 104.155(2), relating to aiding or soliciting a 3470 noncitizen in voting. 3471 2.Section 210.18, relating to evasion of payment of 3472 cigarette taxes. 3473 3.Section 316.1935, relating to fleeing or attempting to 3474 elude a law enforcement officer and aggravated fleeing or 3475 eluding. 3476 4.Chapter 379, relating to the illegal sale, purchase, 3477 collection, harvest, capture, or possession of wild animal life, 3478 freshwater aquatic life, or marine life, and related crimes. 3479 5.Section 403.727(3)(b), relating to environmental 3480 control. 3481 6.Section 409.920 or s. 409.9201, relating to Medicaid 3482 fraud. 3483 7.Section 414.39, relating to public assistance fraud. 3484 8.Section 440.105 or s. 440.106, relating to workers 3485 compensation. 3486 9.Section 443.071(4), relating to creation of a fictitious 3487 employer scheme to commit reemployment assistance fraud. 3488 10.Section 465.0161, relating to distribution of medicinal 3489 drugs without a permit as an Internet pharmacy. 3490 11.Section 499.0051, relating to crimes involving 3491 contraband, adulterated, or misbranded drugs. 3492 12.Part IV of chapter 501, relating to telemarketing. 3493 13.Chapter 517, relating to sale of securities and 3494 investor protection. 3495 14.Section 550.235 or s. 550.3551, relating to dogracing 3496 and horseracing. 3497 15.Chapter 550, relating to jai alai frontons. 3498 16.Section 551.109, relating to slot machine gaming. 3499 17.Chapter 552, relating to the manufacture, distribution, 3500 and use of explosives. 3501 18.Chapter 560, relating to money transmitters, if the 3502 violation is punishable as a felony. 3503 19.Chapter 562, relating to beverage law enforcement. 3504 20.Section 624.401, relating to transacting insurance 3505 without a certificate of authority, s. 624.437(4)(c)1., relating 3506 to operating an unauthorized multiple-employer welfare 3507 arrangement, or s. 626.902(1)(b), relating to representing or 3508 aiding an unauthorized insurer. 3509 21.Section 655.50, relating to reports of currency 3510 transactions, when such violation is punishable as a felony. 3511 22.Chapter 687, relating to interest and usurious 3512 practices. 3513 23.Section 721.08, s. 721.09, or s. 721.13, relating to 3514 real estate timeshare plans. 3515 24.Section 775.13(5)(b), relating to registration of 3516 persons found to have committed any offense for the purpose of 3517 benefiting, promoting, or furthering the interests of a criminal 3518 gang. 3519 25.Section 777.03, relating to commission of crimes by 3520 accessories after the fact. 3521 26.Chapter 782, relating to homicide. 3522 27.Chapter 784, relating to assault and battery. 3523 28.Chapter 787, relating to kidnapping, human smuggling, 3524 or human trafficking. 3525 29.Chapter 790, relating to weapons and firearms. 3526 30.Chapter 794, relating to sexual battery, but only if 3527 such crime was committed with the intent to benefit, promote, or 3528 further the interests of a criminal gang, or for the purpose of 3529 increasing a criminal gang members own standing or position 3530 within a criminal gang. 3531 31.Former s. 796.03, former s. 796.035, s. 796.04, s. 3532 796.05, or s. 796.07, relating to prostitution. 3533 32.Chapter 806, relating to arson and criminal mischief. 3534 33.Chapter 810, relating to burglary and trespass. 3535 34.Chapter 812, relating to theft, robbery, and related 3536 crimes. 3537 35.Chapter 815, relating to computer-related crimes. 3538 36.Chapter 817, relating to fraudulent practices, false 3539 pretenses, fraud generally, credit card crimes, and patient 3540 brokering. 3541 37.Chapter 825, relating to abuse, neglect, or 3542 exploitation of an elderly person or disabled adult. 3543 38.Section 827.071, relating to commercial sexual 3544 exploitation of children. 3545 39.Section 828.122, relating to fighting or baiting 3546 animals. 3547 40.Chapter 831, relating to forgery and counterfeiting. 3548 41.Chapter 832, relating to issuance of worthless checks 3549 and drafts. 3550 42.Section 836.05, relating to extortion. 3551 43.Chapter 837, relating to perjury. 3552 44.Chapter 838, relating to bribery and misuse of public 3553 office. 3554 45.Chapter 843, relating to obstruction of justice. 3555 46.Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 3556 s. 847.07, relating to obscene literature and profanity. 3557 47.Chapter 849, relating to gambling, lottery, gambling or 3558 gaming devices, slot machines, or any of the provisions within 3559 that chapter. 3560 48.Chapter 874, relating to criminal gangs. 3561 49.Chapter 893, relating to drug abuse prevention and 3562 control. 3563 50.Chapter 896, relating to offenses related to financial 3564 transactions. 3565 51.Sections 914.22 and 914.23, relating to tampering with 3566 or harassing a witness, victim, or informant, and retaliation 3567 against a witness, victim, or informant. 3568 52.Sections 918.12 and 918.13, relating to tampering with 3569 jurors and evidence. 3570 (b)Any conduct defined as racketeering activity under 18 3571 U.S.C. s. 1961(1). 3572 (c)Any violation of Title 68, Florida Administrative Code, 3573 relating to the illegal sale, purchase, collection, harvest, 3574 capture, or possession of wild animal life, freshwater aquatic 3575 life, or marine life, and related crimes. 3576 Revisers note.Section 12, ch. 2025-1, Laws of Florida, 3577 purported to amend subsection (8), without publishing 3578 paragraphs (b) and (c). Absent affirmative evidence of 3579 legislative intent to repeal the omitted paragraphs, 3580 subsection (8) is reenacted here to confirm that the 3581 omission was not intended. 3582 Section 91.Paragraph (e) of subsection (3) of section 3583 921.0022, Florida Statutes, is amended to read: 3584 921.0022Criminal Punishment Code; offense severity ranking 3585 chart. 3586 (3)OFFENSE SEVERITY RANKING CHART 3587 (e)LEVEL 5 3588 3589 FloridaStatute FelonyDegree Description 3590 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 3591 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 3592 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 3593 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 3594 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 3595 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of 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 suspended or revoked. 3596 379.367(4) 3rd Willful molestation of a commercial harvesters spiny lobster trap, line, or buoy. 3597 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 3598 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 3599 440.10(1)(g) 2nd Failure to obtain workers compensation coverage. 3600 440.105(5) 2nd Unlawful solicitation for the purpose of making workers compensation claims. 3601 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers compensation premiums. 3602 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 3603 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 3604 790.01(3) 3rd Unlawful carrying of a concealed firearm. 3605 790.162 2nd Threat to throw or discharge destructive device. 3606 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 3607 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 3608 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 3609 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 3610 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 3611 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 3612 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 3613 810.145(4) 810.145(4)(c) 3rd Commercial digital voyeurism dissemination. 3614 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense. 3615 810.145(8)(a) 2nd Digital voyeurism; certain minor victims. 3616 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination. 3617 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 3618 812.015(8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts. 3619 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period. 3620 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons. 3621 812.019(1) 2nd Stolen property; dealing in or trafficking in. 3622 812.081(3) 2nd Trafficking in trade secrets. 3623 812.131(2)(b) 3rd Robbery by sudden snatching. 3624 812.16(2) 3rd Owning, operating, or conducting a chop shop. 3625 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 3626 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 3627 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. 3628 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. 3629 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 3630 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 3631 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 3632 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 3633 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent. 3634 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. 3635 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence. 3636 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 3637 847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment. 3638 847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 3639 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 3640 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 3641 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). 3642 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 or community center. 3643 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. 3644 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other 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. 3645 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), or (2)(c)5. drugs) within 1,000 feet of public housing facility. 3646 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 3647 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 3648 Revisers note.Amended to correct a cross-reference to conform 3649 to the redesignation by the editors of s. 810.145(4)(c) as 3650 a reversion. 3651 Section 92.Subsection (2) of section 938.10, Florida 3652 Statutes, is amended to read: 3653 938.10Additional court cost imposed in cases of certain 3654 crimes. 3655 (2)Each month the clerk of the court shall transfer $50 3656 from the proceeds of the court cost to the Department of Revenue 3657 for deposit into the Department of Children and Families Grants 3658 and Donations Trust Fund for disbursement to the Statewide 3659 Guardian ad Litem Office Office of the Statewide Guardian Ad 3660 Litem and $100 to the Department of Revenue for deposit into the 3661 Department of Children and Families Grants and Donations Trust 3662 Fund for disbursement to the Florida Network of Childrens 3663 Advocacy Centers, Inc., for the purpose of funding childrens 3664 advocacy centers that are members of the network. The clerk 3665 shall retain $1 from each sum collected as a service charge. 3666 Revisers note.Amended to confirm an editorial substitution to 3667 conform to the correct name of the office. 3668 Section 93.Paragraph (d) of subsection (7) of section 3669 985.433, Florida Statutes, is amended to read: 3670 985.433Disposition hearings in delinquency cases.When a 3671 child has been found to have committed a delinquent act, the 3672 following procedures shall be applicable to the disposition of 3673 the case: 3674 (7)If the court determines that the child should be 3675 adjudicated as having committed a delinquent act and should be 3676 committed to the department, such determination shall be in 3677 writing or on the record of the hearing. The determination shall 3678 include a specific finding of the reasons for the decision to 3679 adjudicate and to commit the child to the department, including 3680 any determination that the child was a member of a criminal 3681 gang. 3682 (d)Any child adjudicated by the court and committed to the 3683 department under a restrictiveness level described in s. 3684 985.03(44)(a)-(c) 985.03(44)(a)-(d) for any offense or attempted 3685 offense involving a firearm must be placed on conditional 3686 release, as defined in s. 985.03, for a period of 1 year 3687 following his or her release from a commitment program. Such 3688 term of conditional release shall include electronic monitoring 3689 of the child by the department for the initial 6 months 3690 following his or her release and at times and under terms and 3691 conditions set by the department. 3692 Revisers note.Amended to correct a cross-reference. Section 9, 3693 ch. 2024-133, Laws of Florida, deleted s. 985.03(44)(a) and 3694 redesignated paragraphs (b)-(d) as paragraphs (a)-(c). 3695 Section 94.Paragraph (c) of subsection (2) of section 3696 1001.372, Florida Statutes, is amended to read: 3697 1001.372District school board meetings. 3698 (2)PLACE OF MEETINGS. 3699 (c)For the purpose of this section, due public notice 3700 shall consist of, at least 2 days prior to the meeting: 3701 continuous publication on a publicly accessible website as 3702 provided in s. 50.0311 or the official district school board 3703 website; by publication in a newspaper of general circulation in 3704 the county, or in each county where there is no newspaper of 3705 general circulation in the county, an announcement over at least 3706 one radio station whose signal is generally received in the 3707 county, a reasonable number of times daily during the 48 hours 3708 immediately preceding the date of such meeting; or by posting a 3709 notice at the courthouse door if no newspaper is published in 3710 the county. 3711 Revisers note.Amended to confirm editorial deletions to 3712 conform to context. 3713 Section 95.Subsection (3) of section 1001.47, Florida 3714 Statutes, is amended to read: 3715 1001.47District school superintendent; salary. 3716 (3)The adjusted base salaries of elected district school 3717 superintendents shall be increased annually as provided for in 3718 s. 145.19. Any salary previously paid to elected 3719 superintendents, including the salary calculated for fiscal 3720 years 2002-2003 and 2003-2004, which was consistent with chapter 3721 145 and s. 230.303, Florida Statutes (2001), is hereby ratified 3722 and validated. 3723 Revisers note.Amended to delete obsolete language. 3724 Section 96.Subsection (9) of section 1001.706, Florida 3725 Statutes, is amended to read: 3726 1001.706Powers and duties of the Board of Governors. 3727 (9)COOPERATION WITH OTHER BOARDS.The Board of Governors 3728 shall implement a plan for working on a regular basis with the 3729 State Board of Education, the Commission for Independent 3730 Education, the Office of Reimagining Education and Career Help 3731 Florida Talent Development Council, the Articulation 3732 Coordinating Committee, the university boards of trustees, 3733 representatives of the Florida College System institution boards 3734 of trustees, representatives of the private colleges and 3735 universities, and representatives of the district school boards 3736 to achieve a seamless education system. 3737 Revisers note.Amended to conform to the fact that s. 1004.015, 3738 which created the Florida Talent Development Council, was 3739 repealed by s. 9, ch. 2024-125, Laws of Florida. The duties 3740 of the former Florida Talent Development Council now fall 3741 under the purview of the Office of Reimagining Education 3742 and Career Help per the revision of its duties by s. 1, ch. 3743 2024-125. 3744 Section 97.Paragraph (b) of subsection (17) of section 3745 1002.33, Florida Statutes, is amended to read: 3746 1002.33Charter schools. 3747 (17)FUNDING.Students enrolled in a charter school, 3748 regardless of the sponsorship, shall be funded based upon the 3749 applicable program pursuant to s. 1011.62(1)(c), the same as 3750 students enrolled in other public schools in a school district. 3751 Funding for a charter lab school shall be as provided in s. 3752 1002.32. 3753 (b)1.Funding for students enrolled in a charter school 3754 sponsored by a school district shall be the sum of the school 3755 districts operating funds from the Florida Education Finance 3756 Program as defined in s. 1011.61(5) and the General 3757 Appropriations Act, including gross state and local funds, and 3758 funds from the school districts current operating discretionary 3759 millage levy; divided by total funded weighted full-time 3760 equivalent students in the school district; and multiplied by 3761 the weighted full-time equivalent students for the charter 3762 school. Charter schools whose students or programs meet the 3763 eligibility criteria in law are entitled to their proportionate 3764 share of categorical program funds included in the total funds 3765 available in the Florida Education Finance Program by the 3766 Legislature, including the student transportation allocation and 3767 the educational enrichment allocation. Total funding for each 3768 charter school shall be recalculated during the year to reflect 3769 the revised calculations under the Florida Education Finance 3770 Program by the state and the actual weighted full-time 3771 equivalent students reported by the charter school during the 3772 full-time equivalent student survey periods designated by the 3773 Commissioner of Education. For charter schools operated by a 3774 not-for-profit or municipal entity, any unrestricted current and 3775 capital assets identified in the charter schools annual 3776 financial audit may be used for other charter schools operated 3777 by the not-for-profit or municipal entity within the school 3778 district. For charter schools operated by a not-for-profit 3779 entity, any unrestricted current or capital assets identified in 3780 the charter schools annual audit may be used for other charter 3781 schools operated by the not-for-profit entity which are located 3782 outside of the originating charter schools school district, but 3783 within the state, through an unforgivable loan that must be 3784 repaid within 5 years to the originating charter school by the 3785 receiving charter school. Unrestricted current assets shall be 3786 used in accordance with s. 1011.62, and any unrestricted capital 3787 assets shall be used in accordance with s. 1013.62(2). 3788 2.a.Funding for students enrolled in a charter school 3789 sponsored by a state university or Florida College System 3790 institution pursuant to paragraph (5)(a) shall be provided in 3791 the Florida Education Finance Program as defined in s. 3792 1011.61(5) and as specified in the General Appropriations Act. 3793 The calculation to determine the amount of state funds includes 3794 the sum of the basic amount for current operations established 3795 in s. 1011.62(1)(s), the discretionary millage compression 3796 supplement established in s. 1011.62(5), and the state-funded 3797 discretionary contribution established in s. 1011.62(6). Charter 3798 schools whose students or programs meet the eligibility criteria 3799 in law are entitled to their proportionate share of categorical 3800 program funds included in the total funds available in the 3801 Florida Education Finance Program. The Florida College System 3802 institution or state university sponsoring the charter school 3803 shall be the fiscal agent for these funds, and all rules of the 3804 institution governing the budgeting and expenditure of state 3805 funds shall apply to these funds unless otherwise provided by 3806 law or rule of the State Board of Education. 3807 (I)The nonvoted required local millage established 3808 pursuant to s. 1011.71(1) that would otherwise be required for 3809 the charter schools shall be allocated from state funds. 3810 (II)An equivalent amount of funds for the operating 3811 discretionary millage authorized pursuant to s. 1011.71(1) shall 3812 be allocated to each charter school through a state-funded 3813 discretionary contribution established pursuant to s. 3814 1011.62(6). 3815 (III)The comparable wage factor as provided in s. 3816 1011.62(2) shall be established as 1.000. 3817 b.Total funding for each charter school shall be 3818 recalculated during the year to reflect the revised calculations 3819 under the Florida Education Finance Program by the state and the 3820 actual weighted full-time equivalent students reported by the 3821 charter school during the full-time equivalent student survey 3822 periods designated by the Commissioner of Education. 3823 c.The Department of Education shall develop a tool that 3824 each state university or Florida College System institution 3825 sponsoring a charter school shall use for purposes of 3826 calculating the funding amount for each eligible charter school 3827 student. The total amount obtained from the calculation must be 3828 appropriated from state funds in the General Appropriations Act 3829 to the charter school. 3830 d.Capital outlay funding for a charter school sponsored by 3831 a state university or Florida College System institution 3832 pursuant to paragraph (5)(a) is determined as follows: multiply 3833 the maximum allowable nonvoted discretionary millage under s. 3834 1011.71(2) by 96 percent of the current years taxable value for 3835 school purposes for the district in which the charter school is 3836 located; divide the result by the total full-time equivalent 3837 student membership; and multiply the result by the full-time 3838 equivalent student membership of the charter school. The amount 3839 obtained shall be the discretionary capital improvement funds 3840 and shall be appropriated from state funds in the General 3841 Appropriations Act. 3842 Revisers note.Amended to confirm an editorial insertion to 3843 improve clarity. 3844 Section 98.Paragraph (c) of subsection (6), paragraph (b) 3845 of subsection (9), and paragraph (b) of subsection (10) of 3846 section 1002.394, Florida Statutes, are amended to read: 3847 1002.394The Family Empowerment Scholarship Program. 3848 (6)SCHOLARSHIP PROHIBITIONS.A student is not eligible for 3849 a Family Empowerment Scholarship while he or she is: 3850 (c)Receiving any other educational scholarship pursuant to 3851 this chapter. However, an eligible public school student 3852 receiving a scholarship under s. 1002.411 may receive a stipend 3853 scholarship for transportation pursuant to s. 1002.31(7) 3854 subparagraph (4)(a)2.; 3855 (9)PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.To be 3856 eligible to participate in the Family Empowerment Scholarship 3857 Program, a private school may be sectarian or nonsectarian and 3858 must: 3859 (b)Provide to the organization all documentation required 3860 for a students participation, including confirmation of the 3861 students admission to the private school, the private schools 3862 and students fee schedules, and any other information required 3863 by the organization to process scholarship payment under 3864 subparagraph (12)(a)3. (12)(a)4. Such information must be 3865 provided by the deadlines established by the organization and in 3866 accordance with the requirements of this section. A student is 3867 not eligible to receive a quarterly scholarship payment if the 3868 private school fails to meet the deadline. 3869 3870 If a private school fails to meet the requirements of this 3871 subsection or s. 1002.421, the commissioner may determine that 3872 the private school is ineligible to participate in the 3873 scholarship program. 3874 (10)PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 3875 PARTICIPATION. 3876 (b)A parent who applies for a scholarship under paragraph 3877 (3)(b) is exercising his or her parental option to determine the 3878 appropriate placement or the services that best meet the needs 3879 of his or her child and must: 3880 1.Apply to an eligible nonprofit scholarship-funding 3881 organization to participate in the program by a date set by the 3882 organization. The request must be communicated directly to the 3883 organization in a manner that creates a written or electronic 3884 record of the request and the date of receipt of the request. 3885 2.a.Beginning with new applications for the 2025-2026 3886 school year and thereafter, notify the organization by December 3887 15 that the scholarship is being accepted or declined. 3888 b.Beginning with renewal applications for the 2025-2026 3889 school year and thereafter, notify the organization by May 31 3890 that the scholarship is being renewed or declined. 3891 3.Sign an agreement with the organization and annually 3892 submit a sworn compliance statement to the organization to 3893 satisfy or maintain program eligibility, including eligibility 3894 to receive and spend program payments by: 3895 a.Affirming that the student is enrolled in a program that 3896 meets regular school attendance requirements as provided in s. 3897 1003.01(16)(b), (c), or (d). 3898 b.Affirming that the program funds are used only for 3899 authorized purposes serving the students educational needs, as 3900 described in paragraph (4)(b); that any prepaid college plan or 3901 college savings plan funds contributed pursuant to subparagraph 3902 (4)(b)6. will not be transferred to another beneficiary while 3903 the plan contains funds contributed pursuant to this section; 3904 and that they will not receive a payment, refund, or rebate of 3905 any funds provided under this section. 3906 c.Affirming that the parent is responsible for all 3907 eligible expenses in excess of the amount of the scholarship and 3908 for the education of his or her student by, as applicable: 3909 (I)Requiring the student to take an assessment in 3910 accordance with paragraph (9)(c); 3911 (II)Providing an annual evaluation in accordance with s. 3912 1002.41(1)(f); or 3913 (III)Requiring the child to take any preassessments and 3914 postassessments selected by the provider if the child is 4 years 3915 of age and is enrolled in a program provided by an eligible 3916 Voluntary Prekindergarten Education Program provider. A student 3917 with disabilities for whom the physician or psychologist who 3918 issued the diagnosis or the IEP team determines that a 3919 preassessment and postassessment is not appropriate is exempt 3920 from this requirement. A participating provider shall report a 3921 students scores to the parent. 3922 d.Affirming that the student remains in good standing with 3923 the provider or school if those options are selected by the 3924 parent. 3925 e.Enrolling his or her child in a program from a Voluntary 3926 Prekindergarten Education Program provider authorized under s. 3927 1002.55, a school readiness provider authorized under s. 3928 1002.88, a prekindergarten program offered by an eligible 3929 private school, or an eligible private school if selected by the 3930 parent. 3931 f.Comply with the scholarship application and renewal 3932 processes and requirements established by the organization. A 3933 student whose participation in the program is not renewed may 3934 continue to spend scholarship funds that are in his or her 3935 account from prior years unless the account must be closed 3936 pursuant to subparagraph (5)(b)3. Notwithstanding any changes to 3937 the students IEP, a student who was previously eligible for 3938 participation in the program shall remain eligible to apply for 3939 renewal. However, for a high-risk child to continue to 3940 participate in the program in the school year after he or she 3941 reaches 6 years of age, the childs application for renewal of 3942 program participation must contain documentation that the child 3943 has a disability defined in paragraph (2)(e) other than high 3944 risk status. 3945 g.Procuring the services necessary to educate the student. 3946 If such services include enrollment in an eligible private 3947 school, the parent must meet with the private schools principal 3948 or the principals designee to review the schools academic 3949 programs and policies, specialized services, code of student 3950 conduct, and attendance policies before his or her student is 3951 enrolled. The parent must also approve each payment to the 3952 eligible private school before the scholarship funds may be 3953 deposited by funds transfer pursuant to subparagraph (12)(a)3. 3954 (12)(a)4. The parent may not designate any entity or individual 3955 associated with the eligible private school as the parents 3956 attorney in fact to approve a funds transfer. When the student 3957 receives a scholarship, the district school board is not 3958 obligated to provide the student with a free appropriate public 3959 education. For purposes of s. 1003.57 and the Individuals with 3960 Disabilities in Education Act, a participating student has only 3961 those rights that apply to all other unilaterally parentally 3962 placed students, except that, when requested by the parent, 3963 school district personnel must develop an IEP or matrix level of 3964 services. 3965 Revisers note.Paragraph (6)(c) is amended to facilitate 3966 correct interpretation and to correct a cross-reference. 3967 Section 6, ch. 2024-230, Laws of Florida, deleted 3968 subparagraph (4)(a)2., relating to program funds used for 3969 transportation to a Florida public school in which a 3970 student is enrolled and that is different from the school 3971 to which the student was assigned or to a lab school as 3972 defined in s. 1002.32; similar material relating to 3973 stipends for transportation can be found at s. 1002.31(7), 3974 created by s. 2, ch. 2024-230. Paragraphs (9)(b) and 3975 (10)(b) are amended to conform to the redesignation of 3976 subparagraph (12)(a)4. as subparagraph (12)(a)3. by s. 6, 3977 ch. 2024-230. 3978 Section 99.Paragraph (b) of subsection (2), paragraph (c) 3979 of subsection (4), paragraph (l) of subsection (6), and 3980 paragraph (b) of subsection (7) of section 1002.395, Florida 3981 Statutes, are amended to read: 3982 1002.395Florida Tax Credit Scholarship Program. 3983 (2)DEFINITIONS.As used in this section, the term: 3984 (b)Choice navigator means an individual who meets the 3985 requirements of sub-subparagraph (6)(d)4.g. (6)(d)2.h. and who 3986 provides consultations, at a mutually agreed upon location, on 3987 the selection of, application for, and enrollment in educational 3988 options addressing the academic needs of a student; curriculum 3989 selection; and advice on career and postsecondary education 3990 opportunities. However, nothing in this section authorizes a 3991 choice navigator to oversee or exercise control over the 3992 curricula or academic programs of a personalized education 3993 program. 3994 (4)SCHOLARSHIP PROHIBITIONS.A student is not eligible for 3995 a scholarship while he or she is: 3996 (c)Receiving any other educational scholarship pursuant to 3997 this chapter. However, an eligible public school student 3998 receiving a scholarship under s. 1002.411 may receive a stipend 3999 scholarship for transportation pursuant to s. 1002.31(7) 4000 subparagraph (6)(d)4.; 4001 (6)OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING 4002 ORGANIZATIONS.An eligible nonprofit scholarship-funding 4003 organization: 4004 (l)1.May use eligible contributions received pursuant to 4005 this section and ss. 212.099, 212.1831, and 212.1832 during the 4006 state fiscal year in which such contributions are collected for 4007 administrative expenses if the organization has operated as an 4008 eligible nonprofit scholarship-funding organization for at least 4009 the preceding 3 fiscal years and did not have any findings of 4010 material weakness or material noncompliance in its most recent 4011 audit under paragraph (o) or is in good standing in each state 4012 in which it administers a scholarship program and the audited 4013 financial statements for the preceding 3 fiscal years are free 4014 of material misstatements and going concern issues. 4015 Administrative expenses from eligible contributions may not 4016 exceed 3 percent of the total amount of all scholarships and 4017 stipends funded by an eligible scholarship-funding organization 4018 under this chapter. Such administrative expenses must be 4019 reasonable and necessary for the organizations management and 4020 distribution of scholarships funded under this chapter. 4021 Administrative expenses may include developing or contracting 4022 with rideshare programs or facilitating carpool strategies for 4023 recipients of a transportation stipend scholarship under s. 4024 1002.31(7) 1002.394. No funds authorized under this subparagraph 4025 shall be used for lobbying or political activity or expenses 4026 related to lobbying or political activity. Up to one-third of 4027 the funds authorized for administrative expenses under this 4028 subparagraph may be used for expenses related to the recruitment 4029 of contributions from taxpayers. An eligible nonprofit 4030 scholarship-funding organization may not charge an application 4031 fee. 4032 2.Must expend for annual or partial-year scholarships 100 4033 percent of any eligible contributions from the prior fiscal 4034 year. 4035 3.Must expend for annual or partial-year scholarships an 4036 amount equal to or greater than 75 percent of all net eligible 4037 contributions, as defined in subsection (2), remaining after 4038 administrative expenses during the state fiscal year in which 4039 such eligible contributions are collected. No more than 25 4040 percent of such net eligible contributions may be carried 4041 forward to the following state fiscal year. All amounts carried 4042 forward, for audit purposes, must be specifically identified for 4043 particular students, by student name and the name of the school 4044 to which the student is admitted, subject to the requirements of 4045 ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the 4046 applicable rules and regulations issued pursuant thereto. Any 4047 amounts carried forward shall be expended for annual or partial 4048 year scholarships in the following state fiscal year. Eligible 4049 contributions remaining on June 30 of each year that are in 4050 excess of the 25 percent that may be carried forward shall be 4051 used to provide scholarships to eligible students or transferred 4052 to other eligible nonprofit scholarship-funding organizations to 4053 provide scholarships for eligible students. All transferred 4054 funds must be deposited by each eligible nonprofit scholarship 4055 funding organization receiving such funds into its scholarship 4056 account. All transferred amounts received by any eligible 4057 nonprofit scholarship-funding organization must be separately 4058 disclosed in the annual financial audit required under paragraph 4059 (o). 4060 4.Must, before granting a scholarship for an academic 4061 year, document each scholarship students eligibility for that 4062 academic year. A scholarship-funding organization may not grant 4063 multiyear scholarships in one approval process. 4064 4065 Information and documentation provided to the Department of 4066 Education and the Auditor General relating to the identity of a 4067 taxpayer that provides an eligible contribution under this 4068 section shall remain confidential at all times in accordance 4069 with s. 213.053. 4070 (7)PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 4071 PARTICIPATION. 4072 (b)A parent whose student will not be enrolled full time 4073 in a public or private school must: 4074 1.Apply to an eligible nonprofit scholarship-funding 4075 organization to participate in the program as a personalized 4076 education student by a date set by the organization. The request 4077 must be communicated directly to the organization in a manner 4078 that creates a written or electronic record of the request and 4079 the date of receipt of the request. Beginning with new and 4080 renewal applications for the 2025-2026 school year and 4081 thereafter, a parent must notify the organization by May 31 that 4082 the scholarship is being accepted, renewed, or declined. 4083 2.Sign an agreement with the organization and annually 4084 submit a sworn compliance statement to the organization to 4085 satisfy or maintain program eligibility, including eligibility 4086 to receive and spend program payments, by: 4087 a.Affirming that the program funds are used only for 4088 authorized purposes serving the students educational needs, as 4089 described in paragraph (6)(d), and that they will not receive a 4090 payment, refund, or rebate of any funds provided under this 4091 section. 4092 b.Affirming that the parent is responsible for all 4093 eligible expenses in excess of the amount of the scholarship and 4094 for the education of his or her student. 4095 c.Submitting a student learning plan to the organization 4096 and revising the plan at least annually before program renewal. 4097 d.Requiring his or her student to take a nationally norm 4098 referenced test identified by the Department of Education, or a 4099 statewide assessment under s. 1008.22, and provide assessment 4100 results to the organization before the students program 4101 renewal. 4102 e.Complying with the scholarship application and renewal 4103 processes and requirements established by the organization. A 4104 student whose participation in the program is not renewed may 4105 continue to spend scholarship funds that are in his or her 4106 account from prior years unless the account must be closed 4107 pursuant to s. 1002.394(5)(a)2. 4108 f.Procuring the services necessary to educate the student. 4109 When the student receives a scholarship, the district school 4110 board is not obligated to provide the student with a free 4111 appropriate public education. 4112 4113 For purposes of this paragraph, full-time enrollment does not 4114 include enrollment at a private school that addresses regular 4115 and direct contact with teachers through the student learning 4116 plan in accordance with s. 1002.421(1)(i). 4117 4118 An eligible nonprofit scholarship-funding organization may not 4119 further regulate, exercise control over, or require 4120 documentation beyond the requirements of this subsection unless 4121 the regulation, control, or documentation is necessary for 4122 participation in the program. 4123 Revisers note.Paragraph (2)(b) is amended to confirm an 4124 editorial substitution to conform to the redesignation of 4125 subparagraph (6)(d)2. as subparagraph (6)(d)4. by s. 4, ch. 4126 2024-163, Laws of Florida, and the redesignation of sub 4127 subparagraph h. of that subparagraph as sub-subparagraph g. 4128 by s. 7, ch. 2024-230, Laws of Florida. Paragraphs (4)(c) 4129 and (6)(l) are amended to facilitate correct interpretation 4130 and to correct cross-references. Section 6, ch. 2024-230, 4131 deleted s. 1002.394(4)(a)2., and s. 7, ch. 2024-230, 4132 deleted s. 1002.395(6)(d)2.b., both relating to program 4133 funds used for transportation to a Florida public school in 4134 which a student is enrolled and that is different from the 4135 school to which the student was assigned or to a lab school 4136 as defined in s. 1002.32; similar material relating to 4137 stipends for transportation can be found at s. 1002.31(7), 4138 created by s. 2, ch. 2024-230. Paragraph (7)(b) is amended 4139 to confirm an editorial insertion to improve clarity. 4140 Section 100.Section 1003.485, Florida Statutes, is 4141 reenacted to read: 4142 1003.485The New Worlds Reading Initiative. 4143 (1)DEFINITIONS.As used in this section, the term: 4144 (a)Administrator means the University of Florida 4145 Lastinger Center for Learning. 4146 (b)Annual tax credit amount means, for any state fiscal 4147 year, the sum of the amount of tax credits approved under 4148 paragraph (5)(b), including tax credits to be taken under s. 4149 211.0252, s. 212.1833, s. 220.1876, s. 561.1212, or s. 4150 624.51056, which are approved for taxpayers whose taxable years 4151 begin on or after January 1 of the calendar year preceding the 4152 start of the applicable state fiscal year. 4153 (c)Department means the Department of Education. 4154 (d)Division means the Division of Alcoholic Beverages 4155 and Tobacco of the Department of Business and Professional 4156 Regulation. 4157 (e)Eligible contribution means a monetary contribution 4158 from a taxpayer, subject to the restrictions provided in this 4159 section, to the administrator. 4160 (f)Initiative means the New Worlds Reading Initiative. 4161 (g)Micro-credential means evidence-based professional 4162 learning activities grounded in the science of reading which are 4163 competency-based, personalized, and on-demand. Educators must 4164 demonstrate their competence via evidence submitted and reviewed 4165 by trained evaluators. 4166 (2)NEW WORLDS READING INITIATIVE; PURPOSE.The purpose of 4167 the New Worlds Reading Initiative established under the 4168 department is to instill a love of reading by providing high 4169 quality, free books to students in prekindergarten through grade 4170 5 who are reading below grade level and to improve the literacy 4171 skills of students in prekindergarten through grade 12. The New 4172 Worlds Reading Initiative shall consist of: 4173 (a)The program established under this section to provide 4174 high-quality, free books to students. 4175 (b)The New Worlds Scholarship Program under s. 1002.411. 4176 (c)The New Worlds Scholar program under s. 1008.365, which 4177 rewards high school students who instill a love of reading and 4178 improve the literacy skills of students in kindergarten through 4179 grade 3. 4180 (d)The New Worlds micro-credential program established 4181 under this section which emphasizes strong core instruction and 4182 a tiered model of reading interventions for struggling readers. 4183 (3)DEPARTMENT RESPONSIBILITIES.The department shall: 4184 (a)Publish information about the initiative and tax 4185 credits under subsection (5) on its website, including the 4186 process for a taxpayer to select the administrator as the 4187 recipient of funding through a tax credit. 4188 (b)Annually report on its website the number of students 4189 participating in the initiative in each school district, 4190 information from the annual financial report under paragraph 4191 (4)(j), and the academic achievement and learning gains, as 4192 applicable, of participating students based on data provided by 4193 school districts as permitted under s. 1002.22. The department 4194 shall establish a date by which the administrator and each 4195 school district must annually provide the data necessary to 4196 complete the report. 4197 (c)Provide the administrator with progress monitoring data 4198 for eligible prekindergarten through grade 12 students within 30 4199 days after the close of each progress monitoring period. 4200 (4)ADMINISTRATOR RESPONSIBILITIES.The administrator 4201 shall: 4202 (a)Develop, in consultation with the Just Read, Florida! 4203 Office under s. 1001.215, a selection of high-quality books 4204 encompassing diverse subjects and genres for each grade level to 4205 be mailed to students in the initiative. 4206 (b)Distribute books at no cost to students as provided in 4207 paragraph (6)(c) either directly or through an agreement with a 4208 book distribution company. 4209 (c)Assist local implementation of the initiative by 4210 providing marketing materials to school districts and any 4211 partnering nonprofit organizations to assist with public 4212 awareness campaigns and other activities designed to increase 4213 family engagement and instill a love of reading in students. 4214 (d)Maintain a clearinghouse for information on national, 4215 state, and local nonprofit organizations that support efforts to 4216 improve literacy and provide books to children. 4217 (e)Develop, for parents of students in the initiative, 4218 resources and training materials that engage families in reading 4219 and support the reading achievement of their students. The 4220 administrator shall periodically send to parents hyperlinks to 4221 these resources and materials, including video modules, via text 4222 message and e-mail. 4223 (f)Provide professional learning and resources to teachers 4224 that correlate with the books provided through the initiative. 4225 (g)Develop, in consultation with the Just Read, Florida! 4226 Office under s. 1001.215, an online repository of digital 4227 science of reading materials and science of reading 4228 instructional resources that is accessible to public school 4229 teachers, school leaders, parents, and educator preparation 4230 programs and associated faculty. 4231 (h)Develop a micro-credential that requires teachers to 4232 demonstrate competency to: 4233 1.Diagnose literacy difficulties and determine the 4234 appropriate range of literacy interventions based upon the age 4235 and literacy deficiency of the student; 4236 2.Use evidence-based instructional and intervention 4237 practices grounded in the science of reading, including 4238 strategies identified by the Just Read, Florida! Office pursuant 4239 to s. 1001.215(7); and 4240 3.Effectively use progress monitoring and intervention 4241 materials. 4242 (i)Administer the early literacy micro-credential program 4243 established under this section, which must include components on 4244 content, student learning, pedagogy, and professional learning 4245 and must build on a strong foundation of scientifically 4246 researched and evidence-based reading instructional and 4247 intervention programs that incorporate explicit, systematic, and 4248 sequential approaches to teaching phonemic awareness, phonics, 4249 vocabulary, fluency, and text comprehension and incorporate 4250 decodable or phonetic text instructional strategies, as 4251 identified by the Just Read, Florida! Office, pursuant to s. 4252 1001.215(7). 4253 1.At a minimum, the micro-credential curriculum must be 4254 designed specifically for instructional personnel in 4255 prekindergarten through grade 3 based upon the strategies and 4256 techniques identified in s. 1002.59 and address foundational 4257 literacy skills of students in grades 4 through 12. 4258 2.The micro-credential must be competency based and 4259 designed for eligible instructional personnel to complete the 4260 credentialing process in no more than 60 hours, in an online 4261 format. The micro-credential may be delivered in an in-person 4262 format. Eligible instructional personnel may receive the micro 4263 credential once competency is demonstrated even if it is before 4264 the completion of 60 hours. 4265 3.The micro-credential must be available by December 31, 4266 2022, at no cost, to instructional personnel as defined in s. 4267 1012.01(2); prekindergarten instructors as specified in ss. 4268 1002.55, 1002.61, and 1002.63; and child care personnel as 4269 defined in ss. 402.302(3) and 1002.88(1)(e). 4270 (j)Annually submit to the department an annual financial 4271 report that includes, at a minimum, the amount of eligible 4272 contributions received by the administrator; the amount spent on 4273 each activity required by this subsection, including 4274 administrative expenses; the number of micro-credentials and 4275 reading endorsements earned; and the number of students and 4276 households served under each component of the initiative, by 4277 school district, including the means by which additional 4278 literacy support was provided to students. 4279 (k)Maintain separate accounts for operating funds and 4280 funds for the purchase and delivery of books. 4281 (l)Expend eligible contributions received only for the 4282 purchase and delivery of books and to implement the requirements 4283 of this section, as well as for administrative expenses not to 4284 exceed 2 percent of total eligible contributions. 4285 Notwithstanding s. 1002.395(6)(l)3., the administrator may carry 4286 forward up to 25 percent of eligible contributions made before 4287 January 1 of each state fiscal year and 100 percent of eligible 4288 contributions made on or after January 1 of each state fiscal 4289 year to the following state fiscal year for purposes authorized 4290 by this subsection. Any eligible contributions in excess of the 4291 allowable carry forward not used to provide additional books 4292 throughout the year to eligible students shall revert to the 4293 state treasury. 4294 (m)Upon receipt of a contribution, provide the taxpayer 4295 that made the contribution with a certificate of contribution. A 4296 certificate of contribution must include the taxpayers name 4297 and, if available, its federal employer identification number; 4298 the amount contributed; the date of contribution; and the name 4299 of the administrator. 4300 (5)NEW WORLDS READING INITIATIVE TAX CREDITS; 4301 APPLICATIONS, TRANSFERS, AND LIMITATIONS. 4302 (a)The tax credit cap amount is $10 million for the 2021 4303 2022 state fiscal year, $30 million for the 2022-2023 state 4304 fiscal year, and $60 million in each state fiscal year 4305 thereafter. 4306 (b)Beginning October 1, 2021, a taxpayer may submit an 4307 application to the Department of Revenue for a tax credit or 4308 credits to be taken under one or more of s. 211.0252, s. 4309 212.1833, s. 220.1876, s. 561.1212, or s. 624.51056. 4310 1.The taxpayer shall specify in the application each tax 4311 for which the taxpayer requests a credit and the applicable 4312 taxable year for a credit under s. 220.1876 or s. 624.51056 or 4313 the applicable state fiscal year for a credit under s. 211.0252, 4314 s. 212.1833, or s. 561.1212. For purposes of s. 220.1876, a 4315 taxpayer may apply for a credit to be used for a prior taxable 4316 year before the date the taxpayer is required to file a return 4317 for that year pursuant to s. 220.222. For purposes of s. 4318 624.51056, a taxpayer may apply for a credit to be used for a 4319 prior taxable year before the date the taxpayer is required to 4320 file a return for that prior taxable year pursuant to ss. 4321 624.509 and 624.5092. The Department of Revenue shall approve 4322 tax credits on a first-come, first-served basis and must obtain 4323 the divisions approval before approving a tax credit under s. 4324 561.1212. 4325 2.Within 10 days after approving or denying an 4326 application, the Department of Revenue shall provide a copy of 4327 its approval or denial letter to the administrator. 4328 (c)If a tax credit approved under paragraph (b) is not 4329 fully used within the specified state fiscal year for credits 4330 under s. 211.0252, s. 212.1833, or s. 561.1212 or against taxes 4331 due for the specified taxable year for credits under s. 220.1876 4332 or s. 624.51056 because of insufficient tax liability on the 4333 part of the taxpayer, the unused amount must be carried forward 4334 for a period not to exceed 10 years. For purposes of s. 4335 220.1876, a credit carried forward may be used in a subsequent 4336 year after applying the other credits and unused carryovers in 4337 the order provided in s. 220.02(8). 4338 (d)A taxpayer may not convey, transfer, or assign an 4339 approved tax credit or a carryforward tax credit to another 4340 entity unless all of the assets of the taxpayer are conveyed, 4341 assigned, or transferred in the same transaction. However, a tax 4342 credit under s. 211.0252, s. 212.1833, s. 220.1876, s. 561.1212, 4343 or s. 624.51056 may be conveyed, transferred, or assigned 4344 between members of an affiliated group of corporations if the 4345 type of tax credit under s. 211.0252, s. 212.1833, s. 220.1876, 4346 s. 561.1212, or s. 624.51056 remains the same. A taxpayer shall 4347 notify the Department of Revenue of its intent to convey, 4348 transfer, or assign a tax credit to another member within an 4349 affiliated group of corporations. The amount conveyed, 4350 transferred, or assigned is available to another member of the 4351 affiliated group of corporations upon approval by the Department 4352 of Revenue. The Department of Revenue shall obtain the 4353 divisions approval before approving a conveyance, transfer, or 4354 assignment of a tax credit under s. 561.1212. 4355 (e)Within any state fiscal year, a taxpayer may rescind 4356 all or part of a tax credit approved under paragraph (b). The 4357 amount rescinded shall become available for that state fiscal 4358 year to another eligible taxpayer approved by the Department of 4359 Revenue if the taxpayer receives notice from the Department of 4360 Revenue that the rescindment has been accepted by the Department 4361 of Revenue. The Department of Revenue must obtain the divisions 4362 approval before accepting the rescindment of a tax credit under 4363 s. 561.1212. Any amount rescinded under this paragraph must 4364 become available to an eligible taxpayer on a first-come, first 4365 served basis based on tax credit applications received after the 4366 date the rescindment is accepted by the Department of Revenue. 4367 (f)Within 10 days after approving or denying the 4368 conveyance, transfer, or assignment of a tax credit under 4369 paragraph (d), or the rescindment of a tax credit under 4370 paragraph (e), the Department of Revenue shall provide a copy of 4371 its approval or denial letter to the administrator. The 4372 Department of Revenue shall also include the administrator on 4373 all letters or correspondence of acknowledgment for tax credits 4374 under s. 212.1833. 4375 (g)For purposes of calculating the underpayment of 4376 estimated corporate income taxes under s. 220.34 and tax 4377 installment payments for taxes on insurance premiums or 4378 assessments under s. 624.5092, the final amount due is the 4379 amount after credits earned under s. 220.1876 or s. 624.51056 4380 for contributions to the administrator are deducted. 4381 1.For purposes of determining if a penalty or interest 4382 under s. 220.34(2)(d)1. will be imposed for underpayment of 4383 estimated corporate income tax, a taxpayer may, after earning a 4384 credit under s. 220.1876, reduce any estimated payment in that 4385 taxable year by the amount of the credit. 4386 2.For purposes of determining if a penalty under s. 4387 624.5092 will be imposed, an insurer, after earning a credit 4388 under s. 624.51056 for a taxable year, may reduce any 4389 installment payment for such taxable year of 27 percent of the 4390 amount of the net tax due as reported on the return for the 4391 preceding year under s. 624.5092(2)(b) by the amount of the 4392 credit. 4393 (6)ELIGIBILITY; NOTIFICATION; SCHOOL DISTRICT 4394 OBLIGATIONS. 4395 (a)A student in prekindergarten through grade 5 must be 4396 provided books through the initiative if the student is not yet 4397 reading on grade level, has a substantial reading deficiency 4398 identified under s. 1008.25(5)(a), has a substantial deficiency 4399 in early literacy skills based upon the results of the 4400 coordinated screening and progress monitoring under s. 4401 1008.25(9), or scored below a Level 3 on the most recent 4402 statewide, standardized English Language Arts assessment under 4403 s. 1008.22. 4404 (b)Each school district shall notify the parent of a 4405 student who meets the criteria under paragraph (a) that the 4406 student is eligible to receive books at no cost through the New 4407 Worlds Reading Initiative and provide the parent with the 4408 application form developed by the administrator, which must 4409 allow for the selection of specific book topics or genres for 4410 the student. 4411 (c)Once an eligible student is identified, the school 4412 district shall coordinate with the administrator to initiate 4413 book delivery on a monthly basis during the school year, which 4414 must begin no later than October and continue through at least 4415 June. 4416 (d)Upon enrollment and at the beginning of each school 4417 year, students must be provided options for specific book topics 4418 or genres in order to maximize student interest in reading. 4419 (e)A students eligibility for the initiative continues 4420 until promotion to grade 6 or until the students parent opts 4421 out of the initiative. 4422 (f)Each school district shall participate in the 4423 initiative by partnering with local nonprofit organizations, 4424 raising awareness of the initiative using marketing materials 4425 developed by the administrator, coordinating book delivery, and 4426 identifying students and notifying parents pursuant to this 4427 subsection. 4428 (g)Each school district shall coordinate with each charter 4429 school it sponsors for purposes of identifying eligible 4430 students, notifying parents, coordinating book delivery, 4431 providing the opportunity to annually select book topics and 4432 genres, and raising awareness of the initiative as provided by 4433 this section. 4434 (h)School districts and partnering nonprofit organizations 4435 shall raise awareness of the initiative, including information 4436 on eligibility and video training modules under paragraph 4437 (4)(e), through, at least, the following: 4438 1.The student handbook and the read-at-home plan under s. 4439 1008.25(5)(d). 4440 2.A parent or curriculum night or separate initiative 4441 awareness event at each elementary school. 4442 3.Partnering with the county library to host awareness 4443 events, which should coincide with other initiatives such as 4444 library card drives, family library nights, summer access 4445 events, and other family engagement programming. 4446 (i)Each school district shall establish a data sharing 4447 agreement with the initiatives administrator which allows for a 4448 streamlined student verification and enrollment process. 4449 (7)ADMINISTRATION; RULES. 4450 (a)The Department of Revenue, the division, and the 4451 Department of Education may develop a cooperative agreement to 4452 assist in the administration of this section, as needed. 4453 (b)The Department of Revenue may adopt rules necessary to 4454 administer this section and ss. 211.0252, 212.1833, 220.1876, 4455 561.1212, and 624.51056, including rules establishing 4456 application forms, procedures governing the approval of tax 4457 credits and carryforward tax credits under subsection (5), and 4458 procedures to be followed by taxpayers when claiming approved 4459 tax credits on their returns. 4460 (c)The division may adopt rules necessary to administer 4461 its responsibilities under this section and s. 561.1212. 4462 (d)The Department of Education may adopt rules necessary 4463 to administer this section. 4464 (e)Notwithstanding any provision of s. 213.053 to the 4465 contrary, sharing information with the division related to this 4466 tax credit is considered the conduct of the Department of 4467 Revenues official duties as contemplated in s. 213.053(8)(c), 4468 and the Department of Revenue and the division are specifically 4469 authorized to share information as needed to administer this 4470 section. 4471 Revisers note.Section 4, ch. 2024-162, Laws of Florida, 4472 purported to amend s. 1003.485, but did not publish 4473 subsection (5). Absent affirmative evidence of legislative 4474 intent to repeal it, s. 1003.485 is reenacted to confirm 4475 that the omission was not intended. 4476 Section 101.Paragraph (b) of subsection (6) of section 4477 1004.44, Florida Statutes, is amended to read: 4478 1004.44Louis de la Parte Florida Mental Health Institute. 4479 There is established the Louis de la Parte Florida Mental Health 4480 Institute within the University of South Florida. 4481 (6) 4482 (b)The center may: 4483 1.Convene groups, including, but not limited to, 4484 behavioral health clinicians, professionals, and workers, and 4485 employers of such individuals; other health care providers; 4486 individuals with behavioral health conditions and their 4487 families; and business and industry leaders, policymakers, and 4488 educators, to assist the center in its work; and 4489 2.Request from any board as defined in s. 456.001 any 4490 information held by the board regarding a behavioral health 4491 professional licensed in this state or holding a multistate 4492 license pursuant to a professional multistate licensure compact 4493 or information reported to the board by employers of such 4494 behavioral health professionals, other than personal identifying 4495 information. The boards must provide such information to the 4496 center upon request. 4497 Revisers note.Amended to confirm an editorial insertion to 4498 improve clarity. 4499 Section 102.Subsection (5) of section 1004.647, Florida 4500 Statutes, is amended to read: 4501 1004.647Florida Catastrophic Storm Risk Management 4502 Center.The Florida Catastrophic Storm Risk Management Center is 4503 created at the Florida State University, College of Business, 4504 Department of Risk Management. The purpose of the center is to 4505 promote and disseminate research on issues related to 4506 catastrophic storm loss and to assist in identifying and 4507 developing education and research grant funding opportunities 4508 among higher education institutions in this state and the 4509 private sector. The purpose of the activities of the center is 4510 to support the states ability to prepare for, respond to, and 4511 recover from catastrophic storms. The center shall: 4512 (5)Organize and sponsor conferences, symposiums symposia, 4513 and workshops to educate consumers and policymakers. 4514 Revisers note.Amended to conform usage in the Florida Statutes 4515 to the preferred plural form of symposium. 4516 Section 103.Paragraph (g) of subsection (2) of section 4517 1004.6499, Florida Statutes, is amended to read: 4518 1004.6499Florida Institute for Governance and Civics. 4519 (2)The goals of the institute are to: 4520 (g)Create through scholarship, original research, 4521 publications, symposiums symposia, testimonials, and other means 4522 a body of resources that can be accessed by students, scholars, 4523 and government officials to understand the innovations in public 4524 policy in this state over a rolling 30-year time period. 4525 Revisers note.Amended to conform usage in the Florida Statutes 4526 to the preferred plural form of symposium. 4527 Section 104.Paragraphs (c) and (e) of subsection (2) of 4528 section 1004.64991, Florida Statutes, are amended to read: 4529 1004.64991The Adam Smith Center for Economic Freedom. 4530 (2)The goals of the center are to: 4531 (c)Plan and host workshops, symposiums, and conferences to 4532 allow students, scholars, and guests to engage exchange in civil 4533 discussion of democracy and capitalism. 4534 (e)Partner with the Institute for Freedom in the Americas 4535 to support its mission, which includes promoting economic and 4536 individual freedoms as a means for advancing human progress with 4537 an emphasis on Latin America American and the Caribbean. 4538 Revisers note.Paragraph (2)(c) is amended to improve clarity. 4539 Paragraph (2)(e) is amended to confirm an editorial 4540 substitution to conform to context. 4541 Section 105.Paragraph (a) of subsection (4) of section 4542 1004.76, Florida Statutes, is amended to read: 4543 1004.76Florida Martin Luther King, Jr., Institute for 4544 Nonviolence. 4545 (4)The institute shall have the following powers and 4546 duties: 4547 (a)To conduct training, provide symposiums symposia, and 4548 develop continuing education and programs to promote skills in 4549 nonviolent conflict resolution for persons in government, 4550 private enterprise, community groups, and voluntary 4551 associations. 4552 Revisers note.Amended to conform usage in the Florida Statutes 4553 to the preferred plural form of symposium. 4554 Section 106.Paragraphs (a) and (f) of subsection (6) of 4555 section 1006.07, Florida Statutes, are amended to read: 4556 1006.07District school board duties relating to student 4557 discipline and school safety.The district school board shall 4558 provide for the proper accounting for all students, for the 4559 attendance and control of students at school, and for proper 4560 attention to health, safety, and other matters relating to the 4561 welfare of students, including: 4562 (6)SAFETY AND SECURITY BEST PRACTICES.Each district 4563 school superintendent shall establish policies and procedures 4564 for the prevention of violence on school grounds, including the 4565 assessment of and intervention with individuals whose behavior 4566 poses a threat to the safety of the school community. 4567 (a)School safety specialist.Each district school 4568 superintendent shall designate a school safety specialist for 4569 the district. The school safety specialist must be a school 4570 administrator employed by the school district or a law 4571 enforcement officer employed by the sheriffs office located in 4572 the school district. Any school safety specialist designated 4573 from the sheriffs office must first be authorized and approved 4574 by the sheriff employing the law enforcement officer. Any school 4575 safety specialist designated from the sheriffs office remains 4576 the employee of the office for purposes of compensation, 4577 insurance, workers compensation, and other benefits authorized 4578 by law for a law enforcement officer employed by the sheriffs 4579 office. The sheriff and the school superintendent may determine 4580 by agreement the reimbursement for such costs, or may share the 4581 costs, associated with employment of the law enforcement officer 4582 as a school safety specialist. The school safety specialist must 4583 earn a certificate of completion of the school safety specialist 4584 training provided by the Office of Safe Schools within 1 year 4585 after appointment and is responsible for the supervision and 4586 oversight for all school safety and security personnel, 4587 policies, and procedures in the school district. The school 4588 safety specialist, or his or her designee, shall: 4589 1.In conjunction with the district school superintendent, 4590 annually review school district policies and procedures for 4591 compliance with state law and rules, including the districts 4592 timely and accurate submission of school environmental safety 4593 incident reports to the department pursuant to s. 1001.212(8). 4594 At least quarterly, the school safety specialist must report to 4595 the district school superintendent and the district school board 4596 any noncompliance by the school district with laws or rules 4597 regarding school safety. 4598 2.Provide the necessary training and resources to students 4599 and school district staff in matters relating to youth mental 4600 health awareness and assistance; emergency procedures, including 4601 active shooter training; and school safety and security. 4602 3.Serve as the school district liaison with local public 4603 safety agencies and national, state, and community agencies and 4604 organizations in matters of school safety and security. 4605 4.In collaboration with the appropriate public safety 4606 agencies, as that term is defined in s. 365.171, by October 1 of 4607 each year, conduct a school security risk assessment at each 4608 public school using the Florida Safe Schools Assessment Tool 4609 developed by the Office of Safe Schools pursuant to s. 4610 1006.1493. Based on the assessment findings, the districts 4611 school safety specialist shall provide recommendations to the 4612 district school superintendent and the district school board 4613 which identify strategies and activities that the district 4614 school board should implement in order to address the findings 4615 and improve school safety and security. Each district school 4616 board must receive such findings and the school safety 4617 specialists recommendations at a publicly noticed district 4618 school board meeting to provide the public an opportunity to 4619 hear the district school board members discuss and take action 4620 on the findings and recommendations. Each school safety 4621 specialist, through the district school superintendent, shall 4622 report such findings and school board action to the Office of 4623 Safe Schools within 30 days after the district school board 4624 meeting. 4625 5.Conduct annual unannounced inspections, using the form 4626 adopted by the Office of Safe Schools pursuant to s. 4627 1001.212(13) 1001.212(14), of all public schools, including 4628 charter schools, while school is in session and investigate 4629 reports of noncompliance with school safety requirements. 4630 6.Report violations of paragraph (f) by administrative 4631 personnel and instructional personnel to the district school 4632 superintendent or charter school administrator, as applicable. 4633 (f)School safety requirements.By August 1, 2024, each 4634 school district and charter school governing board shall comply 4635 with the following school safety requirements: 4636 1.All gates or other access points that restrict ingress 4637 to or egress from a school campus shall remain closed and locked 4638 when students are on campus. A gate or other campus access point 4639 may not be open or unlocked, regardless of whether it is during 4640 normal school hours, unless: 4641 a.Attended or actively staffed by a person when students 4642 are on campus; 4643 b.The use is in accordance with a shared use agreement 4644 pursuant to s. 1013.101; or 4645 c.The school safety specialist, or his or her designee, 4646 has documented in the Florida Safe Schools Assessment Tool 4647 portal maintained by the Office of Safe Schools that the gate or 4648 other access point is not subject to this requirement based upon 4649 other safety measures at the school. The office may conduct a 4650 compliance visit pursuant to s. 1001.212(13) 1001.212(14) to 4651 review if such determination is appropriate. 4652 2.All school classrooms and other instructional spaces 4653 must be locked to prevent ingress when occupied by students, 4654 except between class periods when students are moving between 4655 classrooms or other instructional spaces. If a classroom or 4656 other instructional space door must be left unlocked or open for 4657 any reason other than between class periods when students are 4658 moving between classrooms or other instructional spaces, the 4659 door must be actively staffed by a person standing or seated at 4660 the door. 4661 3.All campus access doors, gates, and other access points 4662 that allow ingress to or egress from a school building shall 4663 remain closed and locked at all times to prevent ingress, unless 4664 a person is actively entering or exiting the door, gate, or 4665 other access point or the school safety specialist, or his or 4666 her designee, has documented in the Florida Safe Schools 4667 Assessment Tool portal maintained by the Office of Safe Schools 4668 that the open and unlocked door, gate, or other access point is 4669 not subject to this requirement based upon other safety measures 4670 at the school. The office may conduct a compliance visit 4671 pursuant to s. 1001.212(13) 1001.212(14) to review if such 4672 determination is appropriate. All campus access doors, gates, 4673 and other access points may be electronically or manually 4674 controlled by school personnel to allow access by authorized 4675 visitors, students, and school personnel. 4676 4.All school classrooms and other instructional spaces 4677 must clearly and conspicuously mark the safest areas in each 4678 classroom or other instructional space where students must 4679 shelter in place during an emergency. Students must be notified 4680 of these safe areas within the first 10 days of the school year. 4681 If it is not feasible to clearly and conspicuously mark the 4682 safest areas in a classroom or other instructional space, the 4683 school safety specialist, or his or her designee, must document 4684 such determination in the Florida Safe Schools Assessment Tool 4685 portal maintained by the Office of Safe Schools, identifying 4686 where affected students must shelter in place. The office shall 4687 assist the school safety specialist with compliance during the 4688 inspection required under s. 1001.212(13) 1001.212(14). 4689 4690 Persons who are aware of a violation of this paragraph must 4691 report the violation to the school principal. The school 4692 principal must report the violation to the school safety 4693 specialist no later than the next business day after receiving 4694 such report. If the person who violated this paragraph is the 4695 school principal or charter school administrator, the report 4696 must be made directly to the district school superintendent or 4697 charter school governing board, as applicable. 4698 Revisers note.Amended to correct a cross-reference. Section 5, 4699 ch. 2024-155, Laws of Florida, added subsection (14) to s. 4700 1001.212, which was redesignated as subsection (13) to 4701 conform to the deletion of former subsection (11) by s. 20, 4702 ch. 2024-3, Laws of Florida. 4703 Section 107.Paragraphs (d) and (e) of subsection (2) and 4704 paragraph (b) of subsection (4) of section 1006.28, Florida 4705 Statutes, are amended to read: 4706 1006.28Duties of district school board, district school 4707 superintendent; and school principal regarding K-12 4708 instructional materials. 4709 (2)DISTRICT SCHOOL BOARD.The district school board has 4710 the constitutional duty and responsibility to select and provide 4711 adequate instructional materials for all students in accordance 4712 with the requirements of this part. The district school board 4713 also has the following specific duties and responsibilities: 4714 (d)School library media services; establishment and 4715 maintenance.Establish and maintain a program of school library 4716 media services for all public schools in the district, including 4717 school library media centers, or school library media centers 4718 open to the public, and, in addition such traveling or 4719 circulating libraries as may be needed for the proper operation 4720 of the district school system. Beginning January 1, 2023, School 4721 librarians, media specialists, and other personnel involved in 4722 the selection of school district library materials must complete 4723 the training program developed pursuant to s. 1006.29(6) before 4724 reviewing and selecting age-appropriate materials and library 4725 resources. Upon written request, a school district shall provide 4726 access to any material or book specified in the request that is 4727 maintained in a district school system library and is available 4728 for review. 4729 1.Each book made available to students through a school 4730 district library media center or included in a recommended or 4731 assigned school or grade-level reading list must be selected by 4732 a school district employee who holds a valid educational media 4733 specialist certificate, regardless of whether the book is 4734 purchased, donated, or otherwise made available to students. 4735 2.Each district school board shall adopt procedures for 4736 developing library media center collections and post the 4737 procedures on the website for each school within the district. 4738 The procedures must: 4739 a.Require that book selections meet the criteria in s. 4740 1006.40(3)(c). 4741 b.Require consultation of reputable, professionally 4742 recognized reviewing periodicals and school community 4743 stakeholders. 4744 c.Provide for library media center collections, including 4745 classroom libraries, based on reader interest, support of state 4746 academic standards and aligned curriculum, and the academic 4747 needs of students and faculty. 4748 d.Provide for the regular removal or discontinuance of 4749 books based on, at a minimum, physical condition, rate of recent 4750 circulation, alignment to state academic standards and relevancy 4751 to curriculum, out-of-date content, and required removal 4752 pursuant to subparagraph (a)2. 4753 3.Each elementary school must publish on its website, in a 4754 searchable format prescribed by the department, a list of all 4755 materials maintained and accessible in the school library media 4756 center or a classroom library or required as part of a school or 4757 grade-level reading list. 4758 4.Each district school board shall adopt and publish on 4759 its website the process for a parent to limit his or her 4760 students access to materials in the school or classroom 4761 library. 4762 (e)Public participation.Publish on its website, in a 4763 searchable format prescribed by the department, a list of all 4764 instructional materials, including those used to provide 4765 instruction required by s. 1003.42. Each district school board 4766 must: 4767 1.Provide access to all materials, excluding teacher 4768 editions, in accordance with s. 1006.283(2)(b)8.a. before the 4769 district school board takes any official action on such 4770 materials. This process must include reasonable safeguards 4771 against the unauthorized use, reproduction, and distribution of 4772 instructional materials considered for adoption. 4773 2.Select, approve, adopt, or purchase all materials as a 4774 separate line item on the agenda and provide a reasonable 4775 opportunity for public comment. The use of materials described 4776 in this paragraph may not be selected, approved, or adopted as 4777 part of a consent agenda. 4778 3.Annually, on beginning June 30, 2023, submit to the 4779 Commissioner of Education a report that identifies: 4780 a.Each material for which the school district received an 4781 objection pursuant to subparagraph (a)2., including the grade 4782 level and course the material was used in, for the school year 4783 and the specific objections thereto. 4784 b.Each material that was removed or discontinued. 4785 c.Each material that was not removed or discontinued and 4786 the rationale for not removing or discontinuing the material. 4787 4788 The department shall publish and regularly update a list of 4789 materials that were removed or discontinued, sorted by grade 4790 level, as a result of an objection and disseminate the list to 4791 school districts for consideration in their selection 4792 procedures. 4793 (4)SCHOOL PRINCIPAL.The school principal has the 4794 following duties for the management and care of materials at the 4795 school: 4796 (b)Money collected for lost or damaged instructional 4797 materials; enforcement.The school principal may collect from 4798 each student or the students parent the purchase price of any 4799 instructional material the student has lost, destroyed, or 4800 unnecessarily damaged and to report and transmit the money 4801 collected to the district school superintendent. A student who 4802 fails to pay such sum may be suspended from participation in 4803 extracurricular activities. A student may satisfy the debt 4804 through community service activities at the school site as 4805 determined by the school principal, pursuant to policies adopted 4806 by district school board rule. 4807 Revisers note.Paragraphs (2)(d) and (e) are amended to delete 4808 obsolete language. Paragraph (4)(b) is amended to confirm 4809 an editorial deletion to conform to context. 4810 Section 108.Paragraph (b) of subsection (3) and subsection 4811 (5) of section 1008.34, Florida Statutes, are amended to read: 4812 1008.34School grading system; school report cards; 4813 district grade. 4814 (3)DESIGNATION OF SCHOOL GRADES. 4815 (b)1.A schools grade shall be based on the following 4816 components, each worth 100 points: 4817 a.The percentage of eligible students passing statewide, 4818 standardized assessments in English Language Arts under s. 4819 1008.22(3). 4820 b.The percentage of eligible students passing statewide, 4821 standardized assessments in mathematics under s. 1008.22(3). 4822 c.The percentage of eligible students passing statewide, 4823 standardized assessments in science under s. 1008.22(3). 4824 d.The percentage of eligible students passing statewide, 4825 standardized assessments in social studies under s. 1008.22(3). 4826 e.The percentage of eligible students who make Learning 4827 Gains in English Language Arts as measured by statewide, 4828 standardized assessments administered under s. 1008.22(3). 4829 f.The percentage of eligible students who make Learning 4830 Gains in mathematics as measured by statewide, standardized 4831 assessments administered under s. 1008.22(3). 4832 g.The percentage of eligible students in the lowest 25 4833 percent in English Language Arts, as identified by prior year 4834 performance on statewide, standardized assessments, who make 4835 Learning Gains as measured by statewide, standardized English 4836 Language Arts assessments administered under s. 1008.22(3). 4837 h.The percentage of eligible students in the lowest 25 4838 percent in mathematics, as identified by prior year performance 4839 on statewide, standardized assessments, who make Learning Gains 4840 as measured by statewide, standardized Mathematics assessments 4841 administered under s. 1008.22(3). 4842 i.For schools comprised of middle grades 6 through 8 or 4843 grades 7 and 8, the percentage of eligible students passing high 4844 school level statewide, standardized end-of-course assessments 4845 or attaining national industry certifications identified in the 4846 CAPE Industry Certification Funding List pursuant to state board 4847 rule. 4848 j.Beginning in the 2023-2024 school year, For schools 4849 comprised of grade levels that include grade 3, the percentage 4850 of eligible students who score an achievement level 3 or higher 4851 on the grade 3 statewide, standardized English Language Arts 4852 assessment administered under s. 1008.22(3). 4853 4854 In calculating Learning Gains for the components listed in sub 4855 subparagraphs e.-h., the State Board of Education shall require 4856 that learning growth toward achievement levels 3, 4, and 5 is 4857 demonstrated by students who scored below each of those levels 4858 in the prior year. In calculating the components in sub 4859 subparagraphs a.-d., the state board shall include the 4860 performance of English language learners only if they have been 4861 enrolled in a school in the United States for more than 2 years. 4862 2.For a school comprised of grades 9, 10, 11, and 12, or 4863 grades 10, 11, and 12, the schools grade shall also be based on 4864 the following components, each worth 100 points: 4865 a.The 4-year high school graduation rate of the school as 4866 defined by state board rule. 4867 b.The percentage of students who were eligible to earn 4868 college and career credit through an assessment identified 4869 pursuant to s. 1007.27(2), College Board Advanced Placement 4870 examinations, International Baccalaureate examinations, dual 4871 enrollment courses, including career dual enrollment courses 4872 resulting in the completion of 300 or more clock hours during 4873 high school which are approved by the state board as meeting the 4874 requirements of s. 1007.271, or Advanced International 4875 Certificate of Education examinations; who, at any time during 4876 high school, earned national industry certification identified 4877 in the CAPE Industry Certification Funding List, pursuant to 4878 rules adopted by the state board; or who earned an Armed 4879 Services Qualification Test score that falls within Category II 4880 or higher on the Armed Services Vocational Aptitude Battery and 4881 earned a minimum of two credits in Junior Reserve Officers 4882 Training Corps courses from the same branch of the United States 4883 Armed Forces. 4884 (5)DISTRICT GRADE.Beginning with the 2014-2015 school 4885 year, A school districts grade shall include a district-level 4886 calculation of the components under paragraph (3)(b). This 4887 calculation methodology captures each eligible student in the 4888 district who may have transferred among schools within the 4889 district or is enrolled in a school that does not receive a 4890 grade. The department shall develop a district report card that 4891 includes the district grade; the information required under s. 4892 1008.345(3); measures of the districts progress in closing the 4893 achievement gap between higher-performing student subgroups and 4894 lower-performing student subgroups; measures of the districts 4895 progress in demonstrating Learning Gains of its highest 4896 performing students; measures of the districts success in 4897 improving student attendance; the districts grade-level 4898 promotion of students scoring achievement levels 1 and 2 on 4899 statewide, standardized English Language Arts and Mathematics 4900 assessments; and measures of the districts performance in 4901 preparing students for the transition from elementary to middle 4902 school, middle to high school, and high school to postsecondary 4903 institutions and careers. 4904 Revisers note.Amended to delete obsolete language. 4905 Section 109.Subsections (3) and (22) of section 1009.23, 4906 Florida Statutes, are amended to read: 4907 1009.23Florida College System institution student fees. 4908 (3)(a)Effective July 1, 2014, For advanced and 4909 professional, postsecondary vocational, developmental education, 4910 and educator preparation institute programs, the standard 4911 tuition shall be $71.98 per credit hour for residents and 4912 nonresidents, and the out-of-state fee shall be $215.94 per 4913 credit hour. 4914 (b)Effective July 1, 2014, For baccalaureate degree 4915 programs, the following tuition and fee rates shall apply: 4916 1.The tuition shall be $91.79 per credit hour for students 4917 who are residents for tuition purposes. 4918 2.The sum of the tuition and the out-of-state fee per 4919 credit hour for students who are nonresidents for tuition 4920 purposes shall be no more than 85 percent of the sum of the 4921 tuition and the out-of-state fee at the state university nearest 4922 the Florida College System institution. 4923 (22)Beginning with the 2024-2025 academic year, Miami Dade 4924 College, Polk State College, and Tallahassee State College 4925 Tallahassee Community College are authorized to charge an amount 4926 not to exceed $290 per credit hour for nonresident tuition and 4927 fees for distance learning. Such institutions may phase in this 4928 nonresident tuition rate by degree program. 4929 Revisers note.Subsection (3) is amended to delete obsolete 4930 language. Subsection (22) is amended to confirm an 4931 editorial substitution to conform to the redesignation of 4932 name of the college by s. 1, ch. 2024-43, Laws of Florida. 4933 Section 110.Paragraph (a) of subsection (4) of section 4934 1009.895, Florida Statutes, is amended to read: 4935 1009.895Open Door Grant Program. 4936 (4)DISTRIBUTION OF FUNDS. 4937 (a)For the 2023-2024 fiscal year, funding for eligible 4938 institutions must consist of a base amount provided for in the 4939 General Appropriations Act plus each institutions proportionate 4940 share of full-time equivalent students enrolled in career and 4941 technical education programs. Beginning in fiscal year 2024 4942 2025, the funds appropriated for the Open Door Grant Program 4943 must be distributed to eligible institutions in accordance with 4944 a formula approved by the State Board of Education. The formula 4945 must consider at least the prior years distribution of funds 4946 and the number of eligible applicants who did not receive 4947 awards. 4948 Revisers note.Amended to delete obsolete language. 4949 Section 111.Subsections (3) and (6) of section 1011.804, 4950 Florida Statutes, are amended to read: 4951 1011.804GATE Startup Grant Program. 4952 (3)The department may solicit proposals from institutions 4953 without programs that meet the requirements of s. 1004.933 4954 1004.933(2). Such institutions must be located in or serve a 4955 rural area of opportunity as designated by the Governor. 4956 (6)Grant funds may be used for planning activities and 4957 other expenses associated with the creation of the GATE Program, 4958 such as expenses related to program instruction, instructional 4959 equipment, supplies, instructional personnel, and student 4960 services. Grant funds may not be used for indirect costs. Grant 4961 recipients must submit an annual report in a format prescribed 4962 by the department. The department shall consolidate such annual 4963 reports and include the reports in the report required by s. 4964 1004.933(6) 1004.933(5). 4965 Revisers note.Subsection (3) is amended to revise a cross 4966 reference; s. 1004.933(2) creates the Graduation 4967 Alternative to Traditional Education (GATE) Program but 4968 does not provide specific requirements. Subsection (6) is 4969 amended to correct a cross-reference to conform to the 4970 location of reporting requirements in s. 1004.933(6); 4971 subsection (5) of that section relates to department 4972 responsibilities. 4973 Section 112.Paragraph (h) of subsection (1) of section 4974 1012.22, Florida Statutes, is amended to read: 4975 1012.22Public school personnel; powers and duties of the 4976 district school board.The district school board shall: 4977 (1)Designate positions to be filled, prescribe 4978 qualifications for those positions, and provide for the 4979 appointment, compensation, promotion, suspension, and dismissal 4980 of employees as follows, subject to the requirements of this 4981 chapter: 4982 (h)Planning and training time for teachers.The district 4983 school board shall adopt rules to make provisions for teachers 4984 to have time for lunch, professional planning, and professional 4985 learning time when they will not be directly responsible for the 4986 children if some adult supervision is furnished for the students 4987 during such periods. 4988 Revisers note.Amended to confirm an editorial deletion to 4989 eliminate redundancy. 4990 Section 113.Section 1012.315, Florida Statutes, is 4991 reenacted to read: 4992 1012.315Screening standards.A person is ineligible for 4993 educator certification or employment in any position that 4994 requires direct contact with students in a district school 4995 system, a charter school, or a private school that participates 4996 in a state scholarship program under chapter 1002 if the person: 4997 (1)Is on the disqualification list maintained by the 4998 department under s. 1001.10(4)(b); 4999 (2)Is registered as a sex offender as described in 42 5000 U.S.C. s. 9858f(c)(1)(C); 5001 (3)Is ineligible based on a security background 5002 investigation under s. 435.04(2). Beginning January 1, 2025, or 5003 a later date as determined by the Agency for Health Care 5004 Administration, the Agency for Health Care Administration shall 5005 determine the eligibility of employees in any position that 5006 requires direct contact with students in a district school 5007 system, a charter school, or a private school that participates 5008 in a state scholarship program under chapter 1002; 5009 (4)Would be ineligible for an exemption under s. 5010 435.07(4)(c); or 5011 (5)Has been convicted or found guilty of, has had 5012 adjudication withheld for, or has pled guilty or nolo contendere 5013 to: 5014 (a)Any criminal act committed in another state or under 5015 federal law which, if committed in this state, constitutes a 5016 disqualifying offense under s. 435.04(2). 5017 (b)Any delinquent act committed in this state or any 5018 delinquent or criminal act committed in another state or under 5019 federal law which, if committed in this state, qualifies an 5020 individual for inclusion on the Registered Juvenile Sex Offender 5021 List under s. 943.0435(1)(h)1.d. 5022 Revisers note.Section 8, ch. 2024-132, Laws of Florida, 5023 amended paragraph (1)(y), but failed to incorporate the 5024 amendment to s. 1012.315 by s. 8, ch. 2023-220, Laws of 5025 Florida, effective July 1, 2024, which deleted former 5026 subsection (1), including paragraph (y). Section 1012.315 5027 is reenacted to conform to the fact that the amendment by 5028 s. 8, ch. 2024-132, cannot be incorporated into the text of 5029 the section as amended by s. 8, ch. 2023-220. 5030 Section 114.Paragraph (a) of subsection (2) of section 5031 1012.55, Florida Statutes, is amended to read: 5032 1012.55Positions for which certificates required. 5033 (2)(a)1.Each person who is employed and renders service as 5034 an athletic coach in any public school in any district of this 5035 state shall: 5036 a.Hold a valid temporary or professional certificate or an 5037 athletic coaching certificate. The athletic coaching certificate 5038 may be used for either part-time or full-time positions. 5039 b.Hold and maintain a certification in cardiopulmonary 5040 resuscitation, first aid, and the use of an automated automatic 5041 external defibrillator. The certification must be consistent 5042 with national evidence-based emergency cardiovascular care 5043 guidelines. 5044 2.The provisions of this subsection do not apply to any 5045 athletic coach who voluntarily renders service and who is not 5046 employed by any public school district of this state. 5047 Revisers note.Amended to confirm an editorial substitution to 5048 conform to the correct name of the device. 5049 Section 115.This act shall take effect on the 60th day 5050 after adjournment sine die of the session of the Legislature in 5051 which enacted.