Bill Text: FL S0074 | 2024 | Regular Session | Enrolled


Bill Title: Florida Statutes

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2024-02-21 - Chapter No. 2024-2 [S0074 Detail]

Download: Florida-2024-S0074-Enrolled.html
       ENROLLED
       2024 Legislature                                           SB 74
       
       
       
       
       
       
                                                               202474er
    1  
    2         An act relating to the Florida Statutes; amending ss.
    3         16.56, 20.435, 20.60, 39.101, 39.4085, 112.215,
    4         112.313, 121.091, 125.0104, 163.11, 163.3202,
    5         163.32051, 173.04, 196.101, 212.08, 215.681, 220.199,
    6         288.012, 288.095, 288.107, 296.44, 298.301, 322.27,
    7         330.41, 365.172, 373.228, 373.583, 376.323, 380.0553,
    8         380.0933, 381.986, 397.335, 403.865, 409.1678,
    9         409.996, 413.801, 415.1103, 420.5096, 445.003, 456.42,
   10         480.041, 497.260, 501.2042, 553.865, 560.103, 565.04,
   11         571.265, 585.01, 626.321, 626.602, 627.06292, 627.351,
   12         627.410, 628.8015, 692.201, 720.305, 744.21031,
   13         766.315, 768.38, 768.381, 790.013, 810.098, 849.38,
   14         933.40, 961.06, 1000.21, 1001.42, 1002.01, 1002.20,
   15         1002.351, 1002.394, 1002.395, 1002.44, 1002.82,
   16         1003.02, 1003.4201, 1003.46, 1004.615, 1004.648,
   17         1006.07, 1006.28, 1008.25, 1009.21, 1009.286, 1009.30,
   18         1009.895, 1012.71, 1012.993, and 1013.64, F.S.;
   19         reenacting and amending s. 1011.62, F.S.; and
   20         reenacting ss. 348.0304, 394.9086, and 893.055, F.S.;
   21         deleting provisions that have expired, have become
   22         obsolete, have had their effect, have served their
   23         purpose, or have been impliedly repealed or
   24         superseded; replacing incorrect cross-references and
   25         citations; correcting grammatical, typographical, and
   26         like errors; removing inconsistencies, redundancies,
   27         and unnecessary repetition in the statutes; and
   28         improving the clarity of the statutes and facilitating
   29         their correct interpretation; providing an effective
   30         date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Paragraphs (c) and (d) of subsection (1) of
   35  section 16.56, Florida Statutes, are amended to read:
   36         16.56 Office of Statewide Prosecution.—
   37         (1) There is created in the Department of Legal Affairs an
   38  Office of Statewide Prosecution. The office shall be a separate
   39  “budget entity” as that term is defined in chapter 216. The
   40  office may:
   41         (c) Investigate and prosecute any crime involving:
   42         1. Voting in an election in which a candidate for a federal
   43  or state office is on the ballot;
   44         2. Voting in an election in which a referendum, an
   45  initiative, or an issue is on the ballot;
   46         3. The petition activities of a candidate for a federal or
   47  state office;
   48         4. The petition activities for a referendum, an initiative,
   49  or an issue; or
   50         5. Voter registration;
   51  
   52  or any attempt, solicitation, or conspiracy to commit any of the
   53  crimes specifically enumerated above. The office shall have such
   54  power only when any such offense is occurring, or has occurred,
   55  in two or more judicial circuits as part of a related
   56  transaction, or when any such offense is affecting, or has
   57  affected, two or more judicial circuits. Informations or
   58  indictments charging such offenses must contain general
   59  allegations stating the judicial circuits and counties in which
   60  crimes are alleged to have occurred or the judicial circuits and
   61  counties alleged to have been affected by such crimes in which
   62  crimes are alleged to have affected.
   63         (d) Upon request, cooperate with and assist state attorneys
   64  and state and local law enforcement officials in their efforts
   65  against organized crime crimes.
   66         Reviser’s note.—Amended to improve clarity.
   67         Section 2. Paragraph (a) of subsection (7) of section
   68  20.435, Florida Statutes, is amended to read:
   69         20.435 Department of Health; trust funds.—The following
   70  trust funds shall be administered by the Department of Health:
   71         (7) BIOMEDICAL RESEARCH TRUST FUND.—
   72         (a) Funds to be credited to the trust fund shall consist of
   73  funds appropriated by the Legislature. Funds shall be used for
   74  the purposes of the James and Esther King Biomedical Research
   75  Program;, the Casey DeSantis Cancer Research Program; and, the
   76  William G. “Bill” Bankhead, Jr., and David Coley Cancer Research
   77  Program as specified in ss. 215.5602, 381.915, and 381.922,
   78  respectively; and other cancer research initiatives as
   79  appropriated by the Legislature. The trust fund is exempt from
   80  the service charges imposed by s. 215.20.
   81         Reviser’s note.—Amended to confirm an editorial reinsertion and
   82         an editorial insertion to facilitate correct
   83         interpretation.
   84         Section 3. Paragraph (b) of subsection (9) of section
   85  20.60, Florida Statutes, is amended to read:
   86         20.60 Department of Commerce; creation; powers and duties.—
   87         (9) The secretary shall:
   88         (b) Serve as the manager for the state with respect to
   89  contracts with Space Florida and all applicable direct-support
   90  organizations. To accomplish the provisions of this section and
   91  applicable provisions of chapters 288 and 331, and
   92  notwithstanding the provisions of part I of chapter 287, the
   93  secretary shall enter into specific contracts with Space Florida
   94  and appropriate direct-support organizations. Such contracts may
   95  be for multiyear terms and must include specific performance
   96  measures for each year. For purposes of this section, the
   97  Institute for Commercialization of Florida Technology is not an
   98  appropriate direct-support organization.
   99         Reviser’s note.—Amended to confirm editorial insertions to
  100         facilitate correct interpretation.
  101         Section 4. Paragraph (f) of subsection (3) of section
  102  39.101, Florida Statutes, is amended to read:
  103         39.101 Central abuse hotline.—The central abuse hotline is
  104  the first step in the safety assessment and investigation
  105  process.
  106         (3) COLLECTION OF INFORMATION AND DATA.—The department
  107  shall:
  108         (f)1. Collect and analyze child-on-child sexual abuse
  109  reports and include such information in the aggregate
  110  statistical reports.
  111         2. Collect and analyze, in separate statistical reports,
  112  those reports of child abuse, sexual abuse, and juvenile sexual
  113  abuse which are reported from or which occurred on or at:
  114         a. School premises;
  115         b. School transportation;
  116         c. School-sponsored off-campus events;
  117         d. A school readiness program provider determined to be
  118  eligible under s. 1002.88;
  119         e. A private prekindergarten provider or a public school
  120  prekindergarten provider, as those terms are defined in s.
  121  1002.51(7) and (8), respectively;
  122         f. A public K-12 school as described in s. 1000.04;
  123         g. A private school as defined in s. 1002.01;
  124         h. A Florida College System institution or a state
  125  university, as those terms are defined in s. 1000.21(5) and (9)
  126  1000.21(5) and (8), respectively; or
  127         i. A school, as defined in s. 1005.02.
  128         Reviser’s note.—Amended to conform to the reordering of
  129         definitions in s. 1000.21 by this act.
  130         Section 5. Paragraph (b) of subsection (4) of section
  131  39.4085, Florida Statutes, is amended to read:
  132         39.4085 Goals for dependent children; responsibilities;
  133  education; Office of the Children’s Ombudsman.—
  134         (4) The Office of the Children’s Ombudsman is established
  135  within the department. To the extent permitted by available
  136  resources, the office shall, at a minimum:
  137         (b) Be a resource to identify and explain relevant policies
  138  polices or procedures to children, young adults, and their
  139  caregivers.
  140         Reviser’s note.—Amended to confirm an editorial substitution to
  141         conform to context and facilitate correct interpretation.
  142         Section 6. Subsection (2) of section 112.215, Florida
  143  Statutes, is amended to read:
  144         112.215 Government employees; deferred compensation
  145  program.—
  146         (2) For the purposes of this section, the term “government
  147  employee” means any person employed, whether appointed, elected,
  148  or under contract, by the state or any governmental unit of the
  149  state, including, but not limited to, any state agency; any
  150  county, municipality, or other political subdivision of the
  151  state; any special district or water management district, as the
  152  terms are defined in s. 189.012; any state university or Florida
  153  College System institution, as the terms are defined in s.
  154  1000.21(9) and (5) 1000.21(6) and (3), respectively; or any
  155  constitutional county officer under s. 1(d), Art. VIII of the
  156  State Constitution for which compensation or statutory fees are
  157  paid.
  158         Reviser’s note.—Amended to confirm an editorial substitution to
  159         conform to the reordering of definitions in s. 1000.21 by
  160         s. 136, ch. 2023-8, Laws of Florida, and to conform to the
  161         further reordering of definitions in s. 1000.21 by this
  162         act.
  163         Section 7. Paragraph (a) of subsection (7) of section
  164  112.313, Florida Statutes, is amended to read:
  165         112.313 Standards of conduct for public officers, employees
  166  of agencies, and local government attorneys.—
  167         (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
  168         (a) No public officer or employee of an agency shall have
  169  or hold any employment or contractual relationship with any
  170  business entity or any agency which is subject to the regulation
  171  of, or is doing business with, an agency of which he or she is
  172  an officer or employee, excluding those organizations and their
  173  officers who, when acting in their official capacity, enter into
  174  or negotiate a collective bargaining contract with the state or
  175  any municipality, county, or other political subdivision of the
  176  state; nor shall an officer or employee of an agency have or
  177  hold any employment or contractual relationship that will create
  178  a continuing or frequently recurring conflict between his or her
  179  private interests and the performance of his or her public
  180  duties or that would impede the full and faithful discharge of
  181  his or her public duties.
  182         1. When the agency referred to is that certain kind of
  183  special tax district created by general or special law and is
  184  limited specifically to constructing, maintaining, managing, and
  185  financing improvements in the land area over which the agency
  186  has jurisdiction, or when the agency has been organized pursuant
  187  to chapter 298, then employment with, or entering into a
  188  contractual relationship with, such business entity by a public
  189  officer or employee of such agency is not prohibited by this
  190  subsection or be deemed a conflict per se. However, conduct by
  191  such officer or employee that is prohibited by, or otherwise
  192  frustrates the intent of, this section, including conduct that
  193  violates subsections (6) and (8), is deemed a conflict of
  194  interest in violation of the standards of conduct set forth by
  195  this section.
  196         2. When the agency referred to is a legislative body and
  197  the regulatory power over the business entity resides in another
  198  agency, or when the regulatory power which the legislative body
  199  exercises over the business entity or agency is strictly through
  200  the enactment of laws or ordinances, then employment or a
  201  contractual relationship with such business entity by a public
  202  officer or employee of a legislative body shall not be
  203  prohibited by this subsection or be deemed a conflict.
  204         Reviser’s note.—Amended to confirm an editorial deletion to
  205         improve clarity.
  206         Section 8. Paragraph (a) of subsection (3) of section
  207  121.091, Florida Statutes, is amended to read:
  208         121.091 Benefits payable under the system.—Benefits may not
  209  be paid under this section unless the member has terminated
  210  employment as provided in s. 121.021(39)(a) or begun
  211  participation in the Deferred Retirement Option Program as
  212  provided in subsection (13), and a proper application has been
  213  filed in the manner prescribed by the department. The department
  214  may cancel an application for retirement benefits when the
  215  member or beneficiary fails to timely provide the information
  216  and documents required by this chapter and the department’s
  217  rules. The department shall adopt rules establishing procedures
  218  for application for retirement benefits and for the cancellation
  219  of such application when the required information or documents
  220  are not received.
  221         (3) EARLY RETIREMENT BENEFIT.—Upon retirement on his or her
  222  early retirement date, the member shall receive an immediate
  223  monthly benefit that shall begin to accrue on the first day of
  224  the month of the retirement date and be payable on the last day
  225  of that month and each month thereafter during his or her
  226  lifetime. Such benefit shall be calculated as follows:
  227         (a) For a member initially enrolled:
  228         1. Before July 1, 2011, the amount of each monthly payment
  229  shall be computed in the same manner as for a normal retirement
  230  benefit, in accordance with subsection (1), but shall be based
  231  on the member’s average monthly compensation and creditable
  232  service as of the member’s early retirement date. The benefit so
  233  computed shall be reduced by five-twelfths of 1 percent for each
  234  complete month by which the early retirement date precedes the
  235  normal retirement date of age 62 for a member of the Regular
  236  Class, Senior Management Service Class, or the Elected Officers’
  237  Class, and age 55 for a member of the Special Risk Class, or age
  238  52 if a special risk member has completed 25 years of creditable
  239  service in accordance with s. 121.021(29)(b)3.
  240         2. On or after July 1, 2011, the amount of each monthly
  241  payment shall be computed in the same manner as for a normal
  242  retirement benefit, in accordance with subsection (1), but shall
  243  be based on the member’s average monthly compensation and
  244  creditable service as of the member’s early retirement date. The
  245  benefit so computed shall be reduced by five-twelfths of 1
  246  percent for each complete month by which the early retirement
  247  date precedes the normal retirement date of age 65 for a member
  248  of the Regular Class, Senior Management Service Class, or the
  249  Elected Officers’ Class, and age 55 for a member of the Special
  250  Risk Class, or age 52 if a special risk member has completed 25
  251  years of creditable service in accordance with s.
  252  121.021(29)(b)3. 121.091(29)(b)3.
  253         Reviser’s note.—Amended to correct a cross-reference. Section
  254         121.091(29)(b)3. does not exist; s. 121.021(29)(b)3.
  255         references the age and years of creditable service for a
  256         special risk member in the Special Risk Class.
  257         Section 9. Paragraphs (c), (d), and (e) of subsection (4)
  258  of section 125.0104, Florida Statutes, are amended to read:
  259         125.0104 Tourist development tax; procedure for levying;
  260  authorized uses; referendum; enforcement.—
  261         (4) ORDINANCE LEVY TAX; PROCEDURE.—
  262         (c) Before a referendum to enact or renew of the ordinance
  263  levying and imposing the tax, the county tourist development
  264  council shall prepare and submit to the governing board of the
  265  county for its approval a plan for tourist development. The plan
  266  shall set forth the anticipated net tourist development tax
  267  revenue to be derived by the county for the 24 months following
  268  the levy of the tax; the tax district in which the enactment or
  269  renewal of the ordinance levying and imposing the tourist
  270  development tax is proposed; and a list, in the order of
  271  priority, of the proposed uses of the tax revenue by specific
  272  project or special use as the same are authorized under
  273  subsection (5). The plan shall include the approximate cost or
  274  expense allocation for each specific project or special use.
  275         (d) The governing board of the county shall adopt the
  276  county plan for tourist development as part of the ordinance
  277  levying the tax. After enactment or renewal of the ordinance
  278  levying and imposing the tax, the plan for of tourist
  279  development may not be substantially amended except by ordinance
  280  enacted by an affirmative vote of a majority plus one additional
  281  member of the governing board.
  282         (e) The governing board of each county which levies and
  283  imposes a tourist development tax under this section shall
  284  appoint an advisory council to be known as the “...(name of
  285  county)... Tourist Development Council.” The council shall be
  286  established by ordinance and composed of nine members who shall
  287  be appointed by the governing board. The chair of the governing
  288  board of the county or any other member of the governing board
  289  as designated by the chair shall serve on the council. Two
  290  members of the council shall be elected municipal officials, at
  291  least one of whom shall be from the most populous municipality
  292  in the county or subcounty special taxing district in which the
  293  tax is levied. Six members of the council shall be persons who
  294  are involved in the tourist industry and who have demonstrated
  295  an interest in tourist development, of which members, not less
  296  than three nor more than four shall be owners or operators of
  297  motels, hotels, recreational vehicle parks, or other tourist
  298  accommodations in the county and subject to the tax. All members
  299  of the council shall be electors of the county. The governing
  300  board of the county shall have the option of designating the
  301  chair of the council or allowing the council to elect a chair.
  302  The chair shall be appointed or elected annually and may be
  303  reelected or reappointed. The members of the council shall serve
  304  for staggered terms of 4 years. The terms of office of the
  305  original members shall be prescribed in the resolution required
  306  under paragraph (b). The council shall meet at least once each
  307  quarter and, from time to time, shall make recommendations to
  308  the county governing board for the effective operation of the
  309  special projects or for uses of the tourist development tax
  310  revenue and perform such other duties as may be prescribed by
  311  county ordinance or resolution. The council shall continuously
  312  review expenditures of revenues from the tourist development
  313  trust fund and shall receive, at least quarterly, expenditure
  314  reports from the county governing board or its designee.
  315  Expenditures which the council believes to be unauthorized shall
  316  be reported to the county governing board and the Department of
  317  Revenue. The governing board and the department shall review the
  318  findings of the council and take appropriate administrative or
  319  judicial action to ensure compliance with this section. The
  320  changes in the composition of the membership of the tourist
  321  development council mandated by chapter 86-4, Laws of Florida,
  322  and this act shall not cause the interruption of the current
  323  term of any person who is a member of a council on October 1,
  324  1996.
  325         Reviser’s note.—Paragraph (4)(c) is amended to confirm an
  326         editorial deletion to improve clarity. Paragraph (4)(d) is
  327         amended to confirm an editorial substitution to conform to
  328         context. Paragraph (4)(e) is amended to delete obsolete
  329         language.
  330         Section 10. Subsection (7) of section 163.11, Florida
  331  Statutes, is amended to read:
  332         163.11 Biscayne Bay Commission.—
  333         (7) The commission shall submit a semiannual report
  334  describing the accomplishments of the commission and each member
  335  agency, as well as the status of each pending task, to the Miami
  336  City Commission, the Miami-Dade County Board of County
  337  Commissioners, the Mayor of Miami, the Mayor of Miami-Dade
  338  County, the Governor, and the chair of the Miami-Dade County
  339  Legislative Delegation. The first report shall be submitted by
  340  January 15, 2022. The report shall also be made available on the
  341  Department of Environmental Protection’s website and Miami-Dade
  342  County’s website.
  343         Reviser’s note.—Amended to delete obsolete language.
  344         Section 11. Subsection (6) of section 163.3202, Florida
  345  Statutes, is amended to read:
  346         163.3202 Land development regulations.—
  347         (6) Land development regulations relating to any
  348  characteristic of development other than use, or intensity or
  349  density of use, do not apply to Florida College System
  350  institutions as defined in s. 1000.21(5) 1000.21(3).
  351         Reviser’s note.—Amended to confirm an editorial substitution to
  352         conform to the reordering of definitions in s. 1000.21 by
  353         s. 136, ch. 2023-8, Laws of Florida.
  354         Section 12. Subsection (6) of section 163.32051, Florida
  355  Statutes, is amended to read:
  356         163.32051 Floating solar facilities.—
  357         (6) The Office of Energy within the Department of
  358  Agriculture and Consumer Services shall develop and submit
  359  recommendations to the Legislature by December 31, 2022, to
  360  provide a regulatory framework to private and public sector
  361  entities that implement floating solar facilities.
  362         Reviser’s note.—Amended to delete an obsolete provision.
  363         Section 13. Subsection (3) of section 173.04, Florida
  364  Statutes, is amended to read:
  365         173.04 Procedure for bringing foreclosure suit; certificate
  366  of attorney as to notice of suit; jurisdiction obtained by
  367  publication of notice of suit; form of notice.—
  368         (3) Jurisdiction of any of said lands and of all parties
  369  interested therein or having any lien thereon shall be obtained
  370  by publication of a notice to be issued as of course by the
  371  clerk of the circuit court in which such bill is filed on the
  372  request of complainant, once each week for not less than 2
  373  consecutive weeks, directed to all persons and corporations
  374  interested in or having any lien or claim upon any of the lands
  375  described in said notice and said bill. Such notice shall
  376  describe the lands involved and the respective principal amounts
  377  sought to be recovered in such suit for taxes, tax certificates
  378  and special assessments on such respective parcels of land, and
  379  requiring all such parties to appear and defend said suit on or
  380  before the day specified in said notice, which shall be not less
  381  than 4 weeks after the date of the first publication of such
  382  notice. Said notice may be in substantially the following form,
  383  with blanks appropriately filled in:
  384  
  385  ...(Name City or Town)...
  386     Complainant,
  387  IN THE CIRCUIT 
  388     vs.                                        COURT FOR ........
  389  COUNTY, FLORIDA. 
  390  Certain lands upon
  391  which ...(here insert...                           IN CHANCERY. 
  392  ...the word “taxes,”...
  393  ...or the words “special...
  394  ...assessments” or both,...
  395  ...as the case may be)...
  396  are delinquent,
  397     Defendant.
  398  
  399                               NOTICE                              
  400  
  401  To all persons and corporations interested in or having any lien
  402  or claim upon any of the lands described herein:
  403         You are hereby notified that ...(name city or town)... has
  404  filed its bill of complaint in the above named court to
  405  foreclose delinquent .... ...(here insert the words “tax liens,
  406  tax certificates, or special assessments,” as the case may
  407  be)... with interest and penalties, upon the parcels of land set
  408  forth in the following schedule, the aggregate amount of such
  409  .... ...(here insert the words “tax liens, tax certificates,
  410  or special assessments,” as the case may be)... interest and
  411  penalties, against said respective parcels of land, as set forth
  412  in said bill of complaint, being set opposite such parcels in
  413  the following schedule, to wit:
  414  
  415                        DESCRIPTION OF LANDS                       
  416  
  417         Amount of .... ...(here insert the word “taxes,” or the
  418  words “special assessments” or both, as the case may be)....
  419         In addition to the amounts set opposite each parcel of land
  420  in the foregoing schedule, interest and penalties, as provided
  421  by law, on such delinquent taxes and special assessments,
  422  together with a proportionate part of the costs and expenses of
  423  this suit, are sought to be enforced and foreclosed in this
  424  suit.
  425         You are hereby notified to appear and make your defenses to
  426  said bill of complaint on or before the .... day of ...., and if
  427  you fail to do so on or before said date the bill will be taken
  428  as confessed by you and you will be barred from thereafter
  429  contesting said suit, and said respective parcels of land will
  430  be sold by decree of said court for nonpayment of said taxes and
  431  assessment liens and interest and penalties thereon and the
  432  costs of this suit.
  433         IN WITNESS WHEREOF, I have hereunto set my hand and affixed
  434  the official seal of said court, this .... day of .....
  435  ...(Clerk of said court)...
  436  By ...(Deputy clerk)...
  437  
  438         Reviser’s note.—Amended to conform to general style in forms and
  439         to improve punctuation.
  440         Section 14. Subsection (5) of section 196.101, Florida
  441  Statutes, is amended to read:
  442         196.101 Exemption for totally and permanently disabled
  443  persons.—
  444         (5) The physician’s certification shall read as follows:
  445  
  446                    PHYSICIAN’S CERTIFICATION OF                   
  447                   TOTAL AND PERMANENT DISABILITY                  
  448  
  449  I, ...(name of physician)..., a physician licensed pursuant to
  450  chapter 458 or chapter 459, Florida Statutes, hereby certify Mr.
  451  .... Mrs. .... Miss .... Ms. .... ...(name of totally and
  452  permanently disabled person)..., social security number ...., is
  453  totally and permanently disabled as of January 1, ...(year)...,
  454  due to the following mental or physical condition(s):
  455  
  456         .... Quadriplegia
  457         .... Paraplegia
  458         .... Hemiplegia
  459         .... Other total and permanent disability requiring use of
  460  a wheelchair for mobility
  461         .... Legal Blindness
  462  
  463  It is my professional belief that the above-named condition(s)
  464  render Mr. .... Mrs. .... Miss .... Ms. .... ...(name of totally
  465  and permanently disabled person)... totally and permanently
  466  disabled, and that the foregoing statements are true, correct,
  467  and complete to the best of my knowledge and professional
  468  belief.
  469  
  470  Signature ......................................................
  471  Address (print) ................................................
  472  Date ...........................................................
  473  Florida Board of Medicine or Osteopathic Medicine license number
  474  ................................................................
  475  Issued on ......................................................
  476  
  477  NOTICE TO TAXPAYER: Each Florida resident applying for a total
  478  and permanent disability exemption must present to the county
  479  property appraiser, on or before March 1 of each year, a copy of
  480  this form or a letter from the United States Department of
  481  Veterans Affairs or its predecessor. Each form is to be
  482  completed by a licensed Florida physician.
  483  
  484  NOTICE TO TAXPAYER AND PHYSICIAN: Section 196.131(2), Florida
  485  Statutes, provides that any person who shall knowingly and
  486  willfully give false information for the purpose of claiming
  487  homestead exemption shall be guilty of a misdemeanor of the
  488  first degree, punishable by a term of imprisonment not exceeding
  489  1 year or a fine not exceeding $5,000, or both.
  490         Reviser’s note.—Amended to conform to context.
  491         Section 15. Paragraph (m) of subsection (5) of section
  492  212.08, Florida Statutes, is amended to read:
  493         212.08 Sales, rental, use, consumption, distribution, and
  494  storage tax; specified exemptions.—The sale at retail, the
  495  rental, the use, the consumption, the distribution, and the
  496  storage to be used or consumed in this state of the following
  497  are hereby specifically exempt from the tax imposed by this
  498  chapter.
  499         (5) EXEMPTIONS; ACCOUNT OF USE.—
  500         (m) Educational materials purchased by certain child care
  501  facilities.—Educational materials, such as glue, paper, paints,
  502  crayons, unique craft items, scissors, books, and educational
  503  toys, purchased by a child care facility that meets the
  504  standards delineated in s. 402.305, is licensed under s.
  505  402.308, holds a current Gold Seal Quality Care designation
  506  pursuant to s. 1002.945, and provides basic health insurance to
  507  all employees are exempt from the taxes imposed by this chapter.
  508  For purposes of this paragraph, the term “basic health
  509  insurance” shall be defined and promulgated in rules developed
  510  jointly by the Department of Education, the Agency for Health
  511  Care Administration, and the Financial Services Commission.
  512         Reviser’s note.—Amended to confirm an editorial insertion to
  513         improve clarity.
  514         Section 16. Paragraph (d) of subsection (1) of section
  515  215.681, Florida Statutes, is amended to read:
  516         215.681 ESG bonds; prohibitions.—
  517         (1) As used in this section, the term:
  518         (d) “Issuer” means the division, acting on behalf of any
  519  entity; any local government, educational entity, or entity of
  520  higher education as defined in s. 215.89(2)(c), (d), and (e),
  521  respectively, or other political subdivision granted the power
  522  to issue bonds; or any public body corporate and politic
  523  authorized or created by general or special law and granted the
  524  power to issue bonds, including, but not limited to, a water and
  525  sewer district created under chapter 153, a health facilities
  526  authority as defined in s. 154.205, an industrial development
  527  authority created under chapter 159, a housing financing
  528  authority as defined in s. 159.603(3), a research and
  529  development authority as defined in s. 159.702(1)(c), a legal or
  530  administrative entity created by interlocal agreement pursuant
  531  to s. 163.01(7), a community redevelopment agency as defined in
  532  s. 163.340(1), a regional transportation authority created under
  533  chapter 163, a community development district as defined in s.
  534  190.003, an educational facilities authority as defined in s.
  535  243.52(1), the Higher Educational Facilities Financing Authority
  536  created under s. 243.53, the Florida Development Finance
  537  Corporation created under s. 288.9604, a port district or port
  538  authority as defined in s. 315.02(1) and (2), respectively, the
  539  South Florida Regional Transportation Authority created under s.
  540  343.53, the Central Florida Regional Transportation Authority
  541  created under s. 343.63, the Tampa Bay Area Regional Transit
  542  Authority created under s. 343.92, the Greater Miami Expressway
  543  Agency created under s. 348.0304, the Tampa-Hillsborough County
  544  Expressway Authority created under s. 348.52, the Central
  545  Florida Expressway Authority created under s. 348.753, the
  546  Jacksonville Transportation Authority created under s. 349.03,
  547  and the Florida Housing Finance Corporation created under s.
  548  420.504.
  549         Reviser’s note.—Amended to insert a word to improve clarity, and
  550         to conform to the fact that part III, chapter 343, the
  551         Tampa Bay Area Regional Transit Authority Act, was repealed
  552         by s. 1, ch. 2023-143, Laws of Florida, and the authority
  553         was dissolved effective June 30, 2024, by s. 2, ch. 2023
  554         143.
  555         Section 17. Paragraph (b) of subsection (1) of section
  556  220.199, Florida Statutes, is amended to read:
  557         220.199 Residential graywater system tax credit.—
  558         (1) For purposes of this section, the term:
  559         (b) “Graywater” has the same meaning as in s.
  560  381.0065(2)(g) 381.0065(2)(f).
  561         Reviser’s note.—Amended to conform to the redesignation of s.
  562         381.0065(2)(f) as s. 381.0065(2)(g) by s. 11, ch. 2023-169,
  563         Laws of Florida.
  564         Section 18. Paragraph (d) of subsection (6) of section
  565  288.012, Florida Statutes, is amended to read:
  566         288.012 State of Florida international offices; direct
  567  support organization.—The Legislature finds that the expansion
  568  of international trade and tourism is vital to the overall
  569  health and growth of the economy of this state. This expansion
  570  is hampered by the lack of technical and business assistance,
  571  financial assistance, and information services for businesses in
  572  this state. The Legislature finds that these businesses could be
  573  assisted by providing these services at State of Florida
  574  international offices. The Legislature further finds that the
  575  accessibility and provision of services at these offices can be
  576  enhanced through cooperative agreements or strategic alliances
  577  between private businesses and state, local, and international
  578  governmental entities.
  579         (6)
  580         (d) The senior managers and members of the board of
  581  directors of the organization of the organization are subject to
  582  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  583  112.3143(2). For purposes of applying ss. 112.313(1)-(8), (10),
  584  (12), and (15); 112.3135; and 112.3143(2) to activities of the
  585  president and staff, those persons shall be considered public
  586  officers or employees and the corporation shall be considered
  587  their agency. The exemption set forth in s. 112.313(12) for
  588  advisory boards applies to the members of board of directors.
  589  Further, each member of the board of directors who is not
  590  otherwise required to file financial disclosures pursuant to s.
  591  8, Art. II of the State Constitution or s. 112.3144, shall file
  592  disclosure of financial interests pursuant to s. 112.3145.
  593         Reviser’s note.—Amended to confirm an editorial deletion to
  594         eliminate repetition.
  595         Section 19. Paragraph (c) of subsection (3) of section
  596  288.095, Florida Statutes, is amended to read:
  597         288.095 Economic Development Trust Fund.—
  598         (3)
  599         (c) Moneys in the Economic Development Incentives Account
  600  may be used only to pay tax refunds and make other payments
  601  authorized under s. 288.107 or in agreements authorized under
  602  former s. 288.106. The department shall report within 10 days
  603  after the end of each quarter to the Office of Policy and Budget
  604  in the Executive Officer of the Governor, the chair of the
  605  Senate Appropriations Committee or its successor, and the chair
  606  of the House of Representatives Appropriations Committee or its
  607  successor regarding the status of payments made for all economic
  608  development programs administered by the department under this
  609  chapter, including ss. s. 288.107 and 288.108 and former s. ss.
  610  288.106 and 288.108.
  611         Reviser’s note.—Amended to correct cross-references. The
  612         reference to former ss. 288.106 and 288.108 was added by s.
  613         44, ch. 2023-173, Laws of Florida. Section 288.106 was
  614         repealed by s. 47, ch. 2023-173; s. 288.108 was amended by
  615         s. 49, ch. 2023-173, and was not repealed.
  616         Section 20. Paragraph (b) of subsection (5) of section
  617  288.107, Florida Statutes, is amended to read:
  618         288.107 Brownfield redevelopment bonus refunds.—
  619         (5) ADMINISTRATION.—
  620         (b) To facilitate the process of monitoring and auditing
  621  applications made under this program, the department may provide
  622  a list of businesses to the Department of Revenue, to the
  623  Department of Environmental Protection, or to any local
  624  government authority. The department may request the assistance
  625  of those entities with respect to monitoring the payment of the
  626  taxes listed in paragraph (4)(c) (3)(c).
  627         Reviser’s note.—Amended to correct a cross-reference. Paragraph
  628         (3)(c) does not exist; paragraph (4)(c) contains a list of
  629         taxes.
  630         Section 21. Subsection (4) of section 296.44, Florida
  631  Statutes, is amended to read:
  632         296.44 Definitions.—As used in this part, the term:
  633         (4) “Operator” means the person designated to have and who
  634  has the general administrative charge of an adult day health
  635  care facility or adult day care center. The administrator of a
  636  veterans’ nursing home under s. 296.34 or the administrator of
  637  the Veterans’ Domiciliary Home of Florida under s. 296.04 may
  638  serve as the operator if the adult day health care facility or
  639  adult day care center is collocated at an existing veterans’
  640  nursing home or the Veterans’ Domiciliary Home of Florida or is
  641  a freestanding facility.
  642         Reviser’s note.—Amended to confirm an editorial insertion to
  643         improve clarity.
  644         Section 22. Subsections (2) and (6) of section 298.301,
  645  Florida Statutes, are amended to read:
  646         298.301 District water control plan adoption; district
  647  boundary modification; plan amendment; notice forms; objections;
  648  hearings; assessments.—
  649         (2) Before adopting a water control plan or plan amendment,
  650  the board of supervisors must adopt a resolution to consider
  651  adoption of the proposed plan or plan amendment. As soon as the
  652  resolution proposing the adoption or amendment of the district’s
  653  water control plan has been filed with the district secretary,
  654  the board of supervisors shall give notice of a public hearing
  655  on the proposed plan or plan amendment by causing publication to
  656  be made once a week for 3 consecutive weeks in a newspaper of
  657  general circulation published in each county in which lands and
  658  other property described in the resolution are situated. The
  659  notice must be in substantially the following form:
  660  
  661                          Notice of Hearing                        
  662  
  663         To the owners and all persons interested in the lands
  664  corporate, and other property in and adjacent to the ...(name of
  665  district)... District.
  666         You are notified that the ...(name of district)... District
  667  has filed in the office of the secretary of the district a
  668  resolution to consider approval of a water control plan or an
  669  amendment to the current water control plan to provide ...(here
  670  insert a summary of the proposed water control plan or plan
  671  amendment).... On or before its scheduled meeting of ...(date
  672  and time)... at the district’s offices located at ...(list
  673  address of offices)... written objections to the proposed plan
  674  or plan amendment may be filed at the district’s offices. A
  675  public hearing on the proposed plan or plan amendment will be
  676  conducted at the scheduled meeting, and written objections will
  677  be considered at that time. At the conclusion of the hearing,
  678  the board of supervisors may determine to proceed with the
  679  process for approval of the proposed plan or plan amendment and
  680  direct the district engineer to prepare an engineer’s report
  681  identifying any property to be taken, determining benefits and
  682  damages, and estimating the cost of implementing the
  683  improvements associated with the proposed plan or plan
  684  amendment. A final hearing on approval of the proposed plan or
  685  plan amendment and engineer’s report shall be duly noticed and
  686  held at a regularly scheduled board of supervisors meeting at
  687  least 25 days but no later than 60 days after the last scheduled
  688  publication of the notice of filing of the engineer’s report
  689  with the secretary of the district.
  690  
  691         Date of first publication: ........, ...(year)...
  692         ............................................
  693         (Chair or President, Board of Supervisors)
  694         ................ County, Florida
  695         (6) Upon the filing of the engineer’s report, the board of
  696  supervisors shall give notice thereof by arranging the
  697  publication of the notice of filing of the engineer’s report
  698  together with a geographical depiction of the district once a
  699  week for 2 consecutive weeks in a newspaper of general
  700  circulation in each county in the district. A location map or
  701  legal description of the land shall constitute a geographical
  702  depiction. The notice must be substantially as follows:
  703  
  704               Notice of Filing Engineer’s Report for              
  705                      ................ District                    
  706  
  707         Notice is given to all persons interested in the following
  708  described land and property in ........ County (or Counties),
  709  Florida, viz.: ...(Here Describe land and property)... included
  710  within the ............ district that the engineer hereto
  711  appointed to determine benefits and damages to the property and
  712  lands situated in the district and to determine the estimated
  713  cost of construction required by the water control plan, within
  714  or without the limits of the district, under the proposed water
  715  control plan or plan amendment, filed her or his report in the
  716  office of the secretary of the district, located at ...(list
  717  address of district offices)..., on the ........ day of
  718  ............, ...(year)..., and you may examine the report and
  719  file written objections with the secretary of the district to
  720  all, or any part thereof, on or before ...(enter date 20 days
  721  after the last scheduled publication of this notice, which date
  722  must be before the date of the final hearing).... The report
  723  recommends ...(describe benefits and damages).... A final
  724  hearing to consider approval of the report and proposed water
  725  control plan or plan amendment shall be held ...(time, place,
  726  and date at least 25 days but no later than 60 days after the
  727  last scheduled publication of this notice)....
  728  
  729         Date of first publication: ........, ...(year)...
  730         ............................................
  731         (Chair or President, Board of Supervisors)
  732         ................ County, Florida
  733  
  734         Reviser’s note.—Amended to conform to general style in forms.
  735         Section 23. Paragraph (d) of subsection (3) of section
  736  322.27, Florida Statutes, is amended to read:
  737         322.27 Authority of department to suspend or revoke driver
  738  license or identification card.—
  739         (3) There is established a point system for evaluation of
  740  convictions of violations of motor vehicle laws or ordinances,
  741  and violations of applicable provisions of s. 403.413(6)(b) when
  742  such violations involve the use of motor vehicles, for the
  743  determination of the continuing qualification of any person to
  744  operate a motor vehicle. The department is authorized to suspend
  745  the license of any person upon showing of its records or other
  746  good and sufficient evidence that the licensee has been
  747  convicted of violation of motor vehicle laws or ordinances, or
  748  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  749  more points as determined by the point system. The suspension
  750  shall be for a period of not more than 1 year.
  751         (d) The point system shall have as its basic element a
  752  graduated scale of points assigning relative values to
  753  convictions of the following violations:
  754         1. Reckless driving, willful and wanton—4 points.
  755         2. Leaving the scene of a crash resulting in property
  756  damage of more than $50—6 points.
  757         3. Unlawful speed, or unlawful use of a wireless
  758  communications device, resulting in a crash—6 points.
  759         4. Passing a stopped school bus:
  760         a. Not causing or resulting in serious bodily injury to or
  761  death of another—4 points.
  762         b. Causing or resulting in serious bodily injury to or
  763  death of another—6 points.
  764         c. Points may not be imposed for a violation of passing a
  765  stopped school bus as provided in s. 316.172(1)(a) or (b) when
  766  enforced by a school bus infraction detection system pursuant s.
  767  316.173. In addition, a violation of s. 316.172(1)(a) or (b)
  768  when enforced by a school bus infraction detection system
  769  pursuant to s. 316.173 may not be used for purposes of setting
  770  motor vehicle insurance rates.
  771         5. Unlawful speed:
  772         a. Not in excess of 15 miles per hour of lawful or posted
  773  speed—3 points.
  774         b. In excess of 15 miles per hour of lawful or posted
  775  speed—4 points.
  776         c. Points may not be imposed for a violation of unlawful
  777  speed as provided in s. 316.1895 or s. 316.183 when enforced by
  778  a traffic infraction enforcement officer pursuant to s.
  779  316.1896. In addition, a violation of s. 316.1895 or s. 316.183
  780  when enforced by a traffic infraction enforcement officer
  781  pursuant to s. 316.1896 may not be used for purposes of setting
  782  motor vehicle insurance rates.
  783         6. A violation of a traffic control signal device as
  784  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  785  However, points may not be imposed for a violation of s.
  786  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  787  stop at a traffic signal and when enforced by a traffic
  788  infraction enforcement officer. In addition, a violation of s.
  789  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  790  stop at a traffic signal and when enforced by a traffic
  791  infraction enforcement officer may not be used for purposes of
  792  setting motor vehicle insurance rates.
  793         7. All other moving violations (including parking on a
  794  highway outside the limits of a municipality)—3 points. However,
  795  points may not be imposed for a violation of s. 316.0741 or s.
  796  316.2065(11); and points may be imposed for a violation of s.
  797  316.1001 only when imposed by the court after a hearing pursuant
  798  to s. 318.14(5).
  799         8. Any moving violation covered in this paragraph,
  800  excluding unlawful speed and unlawful use of a wireless
  801  communications device, resulting in a crash—4 points.
  802         9. Any conviction under s. 403.413(6)(b)—3 points.
  803         10. Any conviction under s. 316.0775(2)—4 points.
  804         11. A moving violation covered in this paragraph which is
  805  committed in conjunction with the unlawful use of a wireless
  806  communications device within a school safety zone—2 points, in
  807  addition to the points assigned for the moving violation.
  808         Reviser’s note.—Amended to confirm an editorial insertion to
  809         improve clarity.
  810         Section 24. Paragraph (a) of subsection (2) of section
  811  330.41, Florida Statutes, is amended to read:
  812         330.41 Unmanned Aircraft Systems Act.—
  813         (2) DEFINITIONS.—As used in this act, the term:
  814         (a) “Critical infrastructure facility” means any of the
  815  following, if completely enclosed by a fence or other physical
  816  barrier that is obviously designed to exclude intruders, or if
  817  clearly marked with a sign or signs which indicate that entry is
  818  forbidden and which are posted on the property in a manner
  819  reasonably likely to come to the attention of intruders:
  820         1. A power generation or transmission facility, substation,
  821  switching station, or electrical control center.
  822         2. A chemical or rubber manufacturing or storage facility.
  823         3. A water intake structure, water treatment facility,
  824  wastewater treatment plant, or pump station.
  825         4. A mining facility.
  826         5. A natural gas or compressed gas compressor station,
  827  storage facility, or natural gas or compressed gas pipeline.
  828         6. A liquid natural gas or propane gas terminal or storage
  829  facility.
  830         7. Any portion of an aboveground oil or gas pipeline.
  831         8. A refinery.
  832         9. A gas processing plant, including a plant used in the
  833  processing, treatment, or fractionation of natural gas.
  834         10. A wireless communications facility, including the
  835  tower, antennae, support structures, and all associated ground
  836  based equipment.
  837         11. A seaport as listed in s. 311.09(1), which need not be
  838  completely enclosed by a fence or other physical barrier and
  839  need not be marked with a sign or signs indicating that entry is
  840  forbidden.
  841         12. An inland port or other facility or group of facilities
  842  serving as a point of intermodal transfer of freight in a
  843  specific area physically separated from a seaport.
  844         13. An airport as defined in s. 330.27.
  845         14. A spaceport territory as defined in s. 331.303(19)
  846  331.303(18).
  847         15. A military installation as defined in 10 U.S.C. s.
  848  2801(c)(4) and an armory as defined in s. 250.01.
  849         16. A dam as defined in s. 373.403(1) or other structures,
  850  such as locks, floodgates, or dikes, which are designed to
  851  maintain or control the level of navigable waterways.
  852         17. A state correctional institution as defined in s.
  853  944.02 or a private correctional facility authorized under
  854  chapter 957.
  855         18. A secure detention center or facility as defined in s.
  856  985.03, or a nonsecure residential facility, a high-risk
  857  residential facility, or a maximum-risk residential facility as
  858  those terms are described in s. 985.03(44).
  859         19. A county detention facility as defined in s. 951.23.
  860         20. A critical infrastructure facility as defined in s.
  861  692.201.
  862         Reviser’s note.—Amended to conform to the reordering of
  863         definitions in s. 331.303 by s. 69, ch. 2023-8, Laws of
  864         Florida.
  865         Section 25. Subsection (3) of section 348.0304, Florida
  866  Statutes, is reenacted to read:
  867         348.0304 Greater Miami Expressway Agency.—
  868         (3)(a) The governing body of the agency shall consist of
  869  nine voting members. Except for the district secretary of the
  870  department, each member must be a permanent resident of a county
  871  served by the agency and may not hold, or have held in the
  872  previous 2 years, elected or appointed office in such county,
  873  except that this paragraph does not apply to any initial
  874  appointment under paragraph (b) or to any member who previously
  875  served on the governing body of the former Greater Miami
  876  Expressway Agency. Each member may only serve two terms of 4
  877  years each, except that there is no restriction on the term of
  878  the department’s district secretary. Four members, each of whom
  879  must be a permanent resident of Miami-Dade County, shall be
  880  appointed by the Governor, subject to confirmation by the Senate
  881  at the next regular session of the Legislature. Refusal or
  882  failure of the Senate to confirm an appointment shall create a
  883  vacancy. Appointments made by the Governor and board of county
  884  commissioners of Miami-Dade County shall reflect the state’s
  885  interests in the transportation sector and represent the intent,
  886  duties, and purpose of the Greater Miami Expressway Agency, and
  887  have at least 3 years of professional experience in one or more
  888  of the following areas: finance; land use planning; tolling
  889  industry; or transportation engineering. Two members, who must
  890  be residents of an unincorporated portion of the geographic area
  891  described in subsection (1) and residing within 15 miles of an
  892  area with the highest amount of agency toll roads, shall be
  893  appointed by the board of county commissioners of Miami-Dade
  894  County. Two members, who must be residents of incorporated
  895  municipalities within a county served by the agency, shall be
  896  appointed by the metropolitan planning organization for a county
  897  served by the agency. The district secretary of the department
  898  serving in the district that contains Miami-Dade County shall
  899  serve as an ex officio voting member of the governing body.
  900         (b) Initial appointments to the governing body of the
  901  agency shall be made by July 31, 2019. For the initial
  902  appointments:
  903         1. The Governor shall appoint one member for a term of 1
  904  year, one member for a term of 2 years, one member for a term of
  905  3 years, and one member for a term of 4 years.
  906         2. The board of county commissioners of Miami-Dade County
  907  shall appoint one member for a term of 1 year and one member for
  908  a term of 3 years.
  909         3. The metropolitan planning organization of Miami-Dade
  910  County shall appoint one member for a term of 2 years and one
  911  member for a term of 4 years.
  912         (c) Persons who, on or after July 1, 2009, were members of
  913  the governing body or employees of the former Miami-Dade County
  914  Expressway Authority may not be appointed members of the
  915  governing body of the agency. This paragraph does not apply to
  916  appointments to the governing body of the agency made by the
  917  Governor or to the district secretary of the department serving
  918  in an ex officio role pursuant to paragraph (a).
  919         Reviser’s note.—Section 23, ch. 2023-70, Laws of Florida,
  920         purported to amend subsection (2), redesignated as
  921         subsection (3), without publishing paragraph (c). Absent
  922         affirmative evidence of legislative intent to repeal it,
  923         subsection (3) is reenacted here to confirm that the
  924         omission was not intended.
  925         Section 26. Paragraphs (aa) and (cc) of subsection (3) of
  926  section 365.172, Florida Statutes, are amended to read:
  927         365.172 Emergency communications.—
  928         (3) DEFINITIONS.—Only as used in this section and ss.
  929  365.171, 365.173, 365.174, and 365.177, the term:
  930         (aa) “Public safety answering point,” “PSAP,” or “answering
  931  point” means the public safety agency that receives incoming 911
  932  requests for assistance and dispatches appropriate public safety
  933  agencies to respond to the requests in accordance with the
  934  statewide emergency communications state E911 plan.
  935         (cc) “Service identifier” means the service number, access
  936  line, or other unique identifier assigned to a subscriber and
  937  established by the Federal Communications Commission for
  938  purposes of routing calls whereby the subscriber has access to
  939  the emergency communications E911 system.
  940         Reviser’s note.—Paragraph (3)(aa) is amended to conform to the
  941         redesignation of the statewide emergency communications
  942         number E911 system plan as the statewide emergency
  943         communications plan by s. 5, ch. 2023-55, Laws of Florida.
  944         Paragraph (3)(cc) is amended to conform to the
  945         redesignation of the E911 system to the emergency
  946         communications system by s. 5, ch. 2023-55.
  947         Section 27. Subsection (4) of section 373.228, Florida
  948  Statutes, is amended to read:
  949         373.228 Landscape irrigation design.—
  950         (4) The water management districts shall work with the
  951  Florida Nursery, Growers and Landscape Association, the Florida
  952  Native Plant Society, the Florida Chapter of the American
  953  Society of Landscape Architects, the Florida Irrigation Society,
  954  the Department of Agriculture and Consumer Services, the
  955  Institute of Food and Agricultural Sciences, the Department of
  956  Environmental Protection, the Department of Transportation, the
  957  Florida League of Cities, the Florida Association of Counties,
  958  and the Florida Association of Community Developers to develop
  959  landscape irrigation and Florida-friendly landscaping design
  960  standards for new construction which incorporate a landscape
  961  irrigation system and develop scientifically based model
  962  guidelines for urban, commercial, and residential landscape
  963  irrigation, including drip irrigation, for plants, trees, sod,
  964  and other landscaping. The standards shall be based on the
  965  irrigation code defined in the Florida Building Code, Plumbing
  966  Volume, Appendix F. Local governments shall use the standards
  967  and guidelines when developing landscape irrigation and Florida
  968  friendly landscaping ordinances. By January 1, 2011, the
  969  agencies and entities specified in this subsection shall review
  970  the standards and guidelines to determine whether new research
  971  findings require a change or modification of the standards and
  972  guidelines.
  973         Reviser’s note.—Amended to delete obsolete language.
  974         Section 28. Subsection (2) of section 373.583, Florida
  975  Statutes, is amended to read:
  976         373.583 Registration of bonds.—
  977         (2) Such statement stamped, printed or written upon any
  978  such bond may be in substantially the following form:
  979  
  980  ...(Date, giving month, year and day.)...
  981         This bond is to be registered pursuant to the statutes in
  982  such case made and provided in the name of ...(here insert name
  983  of owner)..., and the interest and principal thereof are
  984  hereafter payable to such owner.
  985  ...(Treasurer)...
  986         Reviser’s note.—Amended to conform to general style in forms.
  987         Section 29. Section 376.323, Florida Statutes, is amended
  988  to read:
  989         376.323 Registration.—All tanks shall be registered no
  990  later than July 1, 1992. Registrations shall be renewed
  991  annually. Registration fees shall not exceed $2,500 per
  992  facility. The department shall issue to the tank owner or
  993  operator one registration placard per facility, covering all
  994  tanks at that facility which have been properly registered, as
  995  evidence of the completion of the registration requirement. The
  996  department shall develop by rule a fee schedule sufficient to
  997  cover the costs associated with registration, inspection,
  998  surveillance, and other activities associated with ss. 376.320
  999  376.326. Revenues from such fees collected shall be deposited
 1000  into the Water Quality Assurance Trust Fund, and shall be used
 1001  to implement the provisions of ss. 376.320-376.326.
 1002         Reviser’s note.—Amended to delete obsolete language.
 1003         Section 30. Paragraph (b) of subsection (2) of section
 1004  380.0553, Florida Statutes, is amended to read:
 1005         380.0553 Brevard Barrier Island Area; protection and
 1006  designation as area of critical state concern.—
 1007         (2) LEGISLATIVE FINDINGS.—The Legislature finds that the
 1008  designation of the Brevard Barrier Island Area as an area of
 1009  critical state concern is necessary for the following reasons:
 1010         (b) The beaches of the region are among the most important
 1011  nesting grounds for threatened and endangered sea turtles in the
 1012  Western Hemisphere, and the beach running the length of the
 1013  southern barrier island of Brevard County is home to the largest
 1014  nesting aggregation of loggerhead sea turtles in the world, and
 1015  the management decisions made in the region have global impacts
 1016  for the species.
 1017         Reviser’s note.—Amended to confirm an editorial deletion to
 1018         improve clarity.
 1019         Section 31. Subsection (5) of section 380.0933, Florida
 1020  Statutes, is amended to read:
 1021         380.0933 Florida Flood Hub for Applied Research and
 1022  Innovation.—
 1023         (5) By July 1 of each year, 2022, and each July 1
 1024  thereafter, the hub shall provide an annual comprehensive report
 1025  to the Governor, the President of the Senate, and the Speaker of
 1026  the House of Representatives that outlines its clearly defined
 1027  goals and its efforts and progress on reaching such goals.
 1028         Reviser’s note.—Amended to delete obsolete language.
 1029         Section 32. Paragraph (a) of subsection (3) of section
 1030  381.986, Florida Statutes, is amended to read:
 1031         381.986 Medical use of marijuana.—
 1032         (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
 1033         (a) Before being approved as a qualified physician and
 1034  before each license renewal, a physician must successfully
 1035  complete a 2-hour course and subsequent examination offered by
 1036  the Florida Medical Association or the Florida Osteopathic
 1037  Medical Association which encompass the requirements of this
 1038  section and any rules adopted hereunder. The course and
 1039  examination must be administered at least annually and may be
 1040  offered in a distance learning format, including an electronic,
 1041  online format that is available upon request. The price of the
 1042  course may not exceed $500. A physician who has met the
 1043  physician education requirements of former s. 381.986(4),
 1044  Florida Statutes 2016, before June 23, 2017, shall be deemed to
 1045  be in compliance with this paragraph from June 23, 2017, until
 1046  90 days after the course and examination required by this
 1047  paragraph become available.
 1048         Reviser’s note.—Amended to delete obsolete language.
 1049         Section 33. Subsection (3) of section 394.9086, Florida
 1050  Statutes, is reenacted to read:
 1051         394.9086 Commission on Mental Health and Substance Use
 1052  Disorder.—
 1053         (3) MEMBERSHIP; TERM LIMITS; MEETINGS.—
 1054         (a) The commission shall be composed of 20 members as
 1055  follows:
 1056         1. A member of the Senate, appointed by the President of
 1057  the Senate.
 1058         2. A member of the House of Representatives, appointed by
 1059  the Speaker of the House of Representatives.
 1060         3. The Secretary of Children and Families or his or her
 1061  designee.
 1062         4. The Secretary of the Agency for Health Care
 1063  Administration or his or her designee.
 1064         5. A person living with a mental health disorder, appointed
 1065  by the President of the Senate.
 1066         6. A family member of a consumer of publicly funded mental
 1067  health services, appointed by the President of the Senate.
 1068         7. A representative of the Louis de la Parte Florida Mental
 1069  Health Institute within the University of South Florida,
 1070  appointed by the President of the Senate.
 1071         8. A representative of a county school district, appointed
 1072  by the President of the Senate.
 1073         9. A representative of mental health courts, appointed by
 1074  the Governor.
 1075         10. A representative of a treatment facility, as defined in
 1076  s. 394.455, appointed by the Speaker of the House of
 1077  Representatives.
 1078         11. A representative of a managing entity, as defined in s.
 1079  394.9082(2), appointed by the Speaker of the House of
 1080  Representatives.
 1081         12. A representative of a community substance use disorder
 1082  provider, appointed by the Speaker of the House of
 1083  Representatives.
 1084         13. A psychiatrist licensed under chapter 458 or chapter
 1085  459 practicing within the mental health delivery system,
 1086  appointed by the Speaker of the House of Representatives.
 1087         14. A psychologist licensed under chapter 490 practicing
 1088  within the mental health delivery system, appointed by the
 1089  Governor.
 1090         15. A mental health professional licensed under chapter
 1091  491, appointed by the Governor.
 1092         16. An emergency room physician, appointed by the Governor.
 1093         17. A representative from the field of law enforcement,
 1094  appointed by the Governor.
 1095         18. A representative from the criminal justice system,
 1096  appointed by the Governor.
 1097         19. A representative of a child welfare agency involved in
 1098  the delivery of behavioral health services, appointed by the
 1099  Governor.
 1100         20. A representative of the statewide Florida 211 Network
 1101  as described in s. 408.918, appointed by the Governor.
 1102         (b) The Governor shall appoint the chair from the members
 1103  of the commission. Appointments to the commission must be made
 1104  by August 1, 2021. Members shall be appointed to serve at the
 1105  pleasure of the officer who appointed the member. A vacancy on
 1106  the commission shall be filled in the same manner as the
 1107  original appointment.
 1108         (c) The commission shall convene no later than September 1,
 1109  2021. The commission shall meet quarterly or upon the call of
 1110  the chair. The commission may hold its meetings in person at
 1111  locations throughout the state or via teleconference or other
 1112  electronic means.
 1113         (d) Members of the commission are entitled to receive
 1114  reimbursement for per diem and travel expenses pursuant to s.
 1115  112.061.
 1116         (e) Notwithstanding any other law, the commission may
 1117  request and shall be provided with access to any information or
 1118  records, including exempt and confidential information or
 1119  records, which are necessary for the commission to carry out its
 1120  duties. Information or records obtained by the commission which
 1121  are otherwise exempt or confidential and exempt shall retain
 1122  such exempt or confidential and exempt status, and the
 1123  commission may not disclose such information or records.
 1124         Reviser’s note.—Section 3, ch. 2023-252, Laws of Florida,
 1125         purported to amend subsection (3) but did not publish
 1126         paragraphs (b)-(e). Absent affirmative evidence of
 1127         legislative intent to repeal them, subsection (3) is
 1128         reenacted to confirm that the omission was not intended.
 1129         Section 34. Paragraph (i) of subsection (4) of section
 1130  397.335, Florida Statutes, is amended to read:
 1131         397.335 Statewide Council on Opioid Abatement.—
 1132         (4) DUTIES.—
 1133         (i) By each December 1, 2023, and annually thereafter, the
 1134  council shall provide and publish an annual report. The report
 1135  shall contain information on how settlement moneys were spent
 1136  the previous fiscal year by the state, each of the managing
 1137  entities, and each of the counties and municipalities. The
 1138  report shall also contain recommendations to the Governor, the
 1139  Legislature, and local governments for how moneys should be
 1140  prioritized and spent in the coming fiscal year to respond to
 1141  the opioid epidemic.
 1142         Reviser’s note.—Amended to delete obsolete language and improve
 1143         clarity.
 1144         Section 35. Paragraph (b) of subsection (1) of section
 1145  403.865, Florida Statutes, is amended to read:
 1146         403.865 Water and wastewater facility personnel;
 1147  legislative purpose.—
 1148         (1) The Legislature finds that:
 1149         (b) Water and wastewater facility personnel are essential
 1150  first responders. As used in this section, the term “water and
 1151  wastewater facility personnel” means any employee of a
 1152  governmental authority as defined in s. 367.021; a utility as
 1153  defined in s. 367.021; a state, municipal, or county sewerage
 1154  system as defined in s. 403.031(14) 403.031(9); or a public
 1155  water system as defined in s. 403.852(2).
 1156         Reviser’s note.—Amended to conform to the redesignation of s.
 1157         403.031(9) as s. 403.031(14) by s. 13, ch. 2023-169, Laws
 1158         of Florida.
 1159         Section 36. Paragraph (a) of subsection (3) of section
 1160  409.1678, Florida Statutes, is amended to read:
 1161         409.1678 Specialized residential options for children who
 1162  are victims of commercial sexual exploitation.—
 1163         (3) SERVICES WITHIN A RESIDENTIAL TREATMENT CENTER OR
 1164  HOSPITAL.—Residential treatment centers licensed under s.
 1165  394.875, and hospitals licensed under chapter 395 that provide
 1166  residential mental health treatment, shall provide specialized
 1167  treatment for commercially sexually exploited children in the
 1168  custody of the department who are placed in these facilities
 1169  pursuant to s. 39.407(6), s. 394.4625, or s. 394.467.
 1170         (a) The specialized treatment must meet the requirements of
 1171  subparagraphs (2)(c)1., 3., 6., and 8. (2)(c)1., 3., 6., and 7.,
 1172  paragraph (2)(d), and the department’s treatment standards
 1173  adopted pursuant to this section. However, a residential
 1174  treatment center or hospital may prioritize the delivery of
 1175  certain services among those required under paragraph (2)(d) to
 1176  meet the specific treatment needs of the child.
 1177         Reviser’s note.—Amended to conform to the redesignation of
 1178         subparagraph (2)(c)7. as subparagraph (2)(c)8. by s. 3, ch.
 1179         2023-85, Laws of Florida.
 1180         Section 37. Subsections (25) and (26) of section 409.996,
 1181  Florida Statutes, are amended to read:
 1182         409.996 Duties of the Department of Children and Families.
 1183  The department shall contract for the delivery, administration,
 1184  or management of care for children in the child protection and
 1185  child welfare system. In doing so, the department retains
 1186  responsibility for the quality of contracted services and
 1187  programs and shall ensure that, at a minimum, services are
 1188  delivered in accordance with applicable federal and state
 1189  statutes and regulations and the performance standards and
 1190  metrics specified in the strategic plan created under s.
 1191  20.19(1).
 1192         (25) The department shall develop, in collaboration with
 1193  the Florida Institute for Child Welfare, lead agencies, service
 1194  providers, current and former foster children placed in
 1195  residential group care, and other community stakeholders, a
 1196  statewide accountability system for residential group care
 1197  providers based on measurable quality standards.
 1198         (a) The accountability system must:
 1199         1. Promote high quality in services and accommodations,
 1200  differentiating between shift and family-style models and
 1201  programs and services for children with specialized or
 1202  extraordinary needs, such as pregnant teens and children with
 1203  Department of Juvenile Justice involvement.
 1204         2. Include a quality measurement system with domains and
 1205  clearly defined levels of quality. The system must measure the
 1206  level of quality for each domain, using criteria that
 1207  residential group care providers must meet in order to achieve
 1208  each level of quality. Domains may include, but are not limited
 1209  to, admissions, service planning, treatment planning, living
 1210  environment, and program and service requirements. The system
 1211  may also consider outcomes 6 months and 12 months after a child
 1212  leaves the provider’s care. However, the system may not assign a
 1213  single summary rating to residential group care providers.
 1214         3. Consider the level of availability of trauma-informed
 1215  care and mental health and physical health services, providers’
 1216  engagement with the schools children in their care attend, and
 1217  opportunities for children’s involvement in extracurricular
 1218  activities.
 1219         (b) After development and implementation of the
 1220  accountability system in accordance with paragraph (a), the
 1221  department and each lead agency shall use the information from
 1222  the accountability system to promote enhanced quality in
 1223  residential group care within their respective areas of
 1224  responsibility. Such promotion may include, but is not limited
 1225  to, the use of incentives and ongoing contract monitoring
 1226  efforts.
 1227         (c) The department shall submit a report to the Governor,
 1228  the President of the Senate, and the Speaker of the House of
 1229  Representatives by October 1 of each year. The report must, at a
 1230  minimum, include an update on the development of a statewide
 1231  accountability system for residential group care providers and a
 1232  plan for department oversight and implementation of the
 1233  statewide accountability system. After implementation of the
 1234  statewide accountability system, the report must also include a
 1235  description of the system, including measures and any tools
 1236  developed, a description of how the information is being used by
 1237  the department and lead agencies, an assessment of placement of
 1238  children in residential group care using data from the
 1239  accountability system measures, and recommendations to further
 1240  improve quality in residential group care.
 1241         (d) The accountability system must be implemented by July
 1242  1, 2022.
 1243         (d)(e) Nothing in this subsection impairs the department’s
 1244  licensure authority under s. 409.175.
 1245         (e)(f) The department may adopt rules to administer this
 1246  subsection.
 1247         (26) In collaboration with lead agencies, service
 1248  providers, and other community stakeholders, the department
 1249  shall develop a statewide accountability system based on
 1250  measurable quality standards. The accountability system must be
 1251  implemented by July 1, 2021.
 1252         (a) The accountability system must:
 1253         1. Assess the overall health of the child welfare system,
 1254  by circuit, using grading criteria established by the
 1255  department.
 1256         2. Include a quality measurement system with domains and
 1257  clearly defined levels of quality. The system must measure the
 1258  performance standards for child protective investigators, lead
 1259  agencies, and children’s legal services throughout the system of
 1260  care, using criteria established by the department, and, at a
 1261  minimum, address applicable federal- and state-mandated metrics.
 1262         3. Align with the principles of the results-oriented
 1263  accountability program established under s. 409.997.
 1264         (b) After the development and implementation of the
 1265  accountability system under this subsection, the department and
 1266  each lead agency shall use the information from the
 1267  accountability system to promote enhanced quality service
 1268  delivery within their respective areas of responsibility.
 1269         (c) By December 1 of each year, the department shall submit
 1270  a report on the overall health of the child welfare system to
 1271  the Governor, the President of the Senate, and the Speaker of
 1272  the House of Representatives.
 1273         (d) The department may adopt rules to implement this
 1274  subsection.
 1275         Reviser’s note.—Amended to delete obsolete language.
 1276         Section 38. Subsection (9) of section 413.801, Florida
 1277  Statutes, is amended to read:
 1278         413.801 Florida Unique Abilities Partner Program.—
 1279         (9) REPORT.—
 1280         (a) By January 1, 2017, the department shall provide a
 1281  report to the President of the Senate and the Speaker of the
 1282  House of Representatives on the status of the implementation of
 1283  this section, including the adoption of rules, development of
 1284  the logo, and development of application procedures.
 1285         (b) Beginning in 2017 and each year thereafter, The
 1286  department’s annual report required under s. 20.60 must describe
 1287  in detail the progress and use of the program. At a minimum, the
 1288  report must include, for the most recent year: the number of
 1289  applications and nominations received; the number of nominations
 1290  accepted and declined; the number of designations awarded;
 1291  annual certifications; the use of information provided under
 1292  subsection (8); and any other information deemed necessary to
 1293  evaluate the program.
 1294         Reviser’s note.—Amended to delete obsolete language.
 1295         Section 39. Paragraph (a) of subsection (10) of section
 1296  415.1103, Florida Statutes, is amended to read:
 1297         415.1103 Elder and vulnerable adult abuse fatality review
 1298  teams.—
 1299         (10)(a)1. Any information that is exempt or confidential
 1300  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1301  Constitution and is obtained by an elder abuse or vulnerable
 1302  adult abuse fatality review team while executing its duties
 1303  under this section retains its exempt or confidential and exempt
 1304  status when held by the review team.
 1305         2. Any information contained in a record created by a
 1306  review team pursuant to this section which reveals the identity
 1307  of a victim of abuse, exploitation, or neglect or the identity
 1308  of persons responsible for the welfare of a victim is
 1309  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1310  of the State Constitution.
 1311         3. Any information that is maintained as exempt or
 1312  confidential and exempt within this chapter retains its exempt
 1313  or confidential and exempt status when held by a review team.
 1314         Reviser’s note.—Amended to confirm an editorial deletion to
 1315         conform to the majority of references to the elder or
 1316         vulnerable adult abuse fatality review teams in this
 1317         section.
 1318         Section 40. Subsection (3) of section 420.5096, Florida
 1319  Statutes, is amended to read:
 1320         420.5096 Florida Hometown Hero Program.—
 1321         (3) For loans made available pursuant to s.
 1322  420.507(23)(a)1. or 2., the corporation may underwrite and make
 1323  those mortgage loans through the program to persons or families
 1324  who have household incomes that do not exceed 150 percent of the
 1325  state median income or local median income, whichever is
 1326  greater. A borrower must be seeking to purchase a home as a
 1327  primary residence; must be a first-time homebuyer and a Florida
 1328  resident; and must be employed full-time by a Florida-based
 1329  employer. The borrower must provide documentation of full-time
 1330  employment, or full-time status for self-employed individuals,
 1331  of 35 hours or more per week. The requirement to be a first-time
 1332  homebuyer does not apply to a borrower who is an active duty
 1333  servicemember of a branch of the armed forces or the Florida
 1334  National Guard, as defined in s. 250.01, or a veteran.
 1335         Reviser’s note.—Amended to confirm editorial insertions to
 1336         improve clarity.
 1337         Section 41. Paragraph (b) of subsection (7) of section
 1338  445.003, Florida Statutes, is amended to read:
 1339         445.003 Implementation of the federal Workforce Innovation
 1340  and Opportunity Act.—
 1341         (7) DUTIES OF THE DEPARTMENT.—The department shall adopt
 1342  rules to implement the requirements of this chapter, including:
 1343         (b) Initial and subsequent eligibility criteria, based on
 1344  input from the state board, local workforce development boards,
 1345  the Department of Education, and other stakeholders, for the
 1346  Workforce Innovation and Opportunity Act eligible training
 1347  provider list. This list directs training resources to programs
 1348  leading to employment in high-demand and high-priority
 1349  occupations that provide economic security, particularly those
 1350  occupations facing a shortage of skilled workers. A training
 1351  provider who offers training to obtain a credential on the
 1352  Master Credentials List under s. 445.004(4)(h) may not be
 1353  included on a state or local eligible training provider list if
 1354  the provider fails to submit the required information or fails
 1355  to meet initial or subsequent eligibility criteria. Subsequent
 1356  eligibility criteria must use the performance and outcome
 1357  measures defined and reported under s. 1008.40, to determine
 1358  whether each program offered by a training provider is qualified
 1359  to remain on the list. The Department of Economic Opportunity
 1360  and the Department of Education shall establish the minimum
 1361  criteria a training provider must achieve for completion,
 1362  earnings, and employment rates of eligible participants. A
 1363  provider must meet at least two of the minimum criteria for
 1364  subsequent eligibility. The minimum program criteria may not
 1365  exceed the threshold below at which more than 20 percent of all
 1366  eligible training providers in the state would fall below.
 1367         Reviser’s note.—Amended to improve clarity.
 1368         Section 42. Subsection (3) of section 456.42, Florida
 1369  Statutes, is amended to read:
 1370         456.42 Written prescriptions for medicinal drugs.—
 1371         (3) A health care practitioner licensed by law to prescribe
 1372  a medicinal drug who maintains a system of electronic health
 1373  records as defined in s. 408.051(2)(c) 408.051(2)(a), or who
 1374  prescribes medicinal drugs as an owner, an employee, or a
 1375  contractor of a licensed health care facility or practice that
 1376  maintains such a system and who is prescribing in his or her
 1377  capacity as such an owner, an employee, or a contractor, may
 1378  only electronically transmit prescriptions for such drugs. This
 1379  requirement applies to such a health care practitioner upon
 1380  renewal of the health care practitioner’s license or by July 1,
 1381  2021, whichever is earlier, but does not apply if:
 1382         (a) The practitioner and the dispenser are the same entity;
 1383         (b) The prescription cannot be transmitted electronically
 1384  under the most recently implemented version of the National
 1385  Council for Prescription Drug Programs SCRIPT Standard;
 1386         (c) The practitioner has been issued a waiver by the
 1387  department, not to exceed 1 year in duration, from the
 1388  requirement to use electronic prescribing due to demonstrated
 1389  economic hardship, technological limitations that are not
 1390  reasonably within the control of the practitioner, or another
 1391  exceptional circumstance demonstrated by the practitioner;
 1392         (d) The practitioner reasonably determines that it would be
 1393  impractical for the patient in question to obtain a medicinal
 1394  drug prescribed by electronic prescription in a timely manner
 1395  and such delay would adversely impact the patient’s medical
 1396  condition;
 1397         (e) The practitioner is prescribing a drug under a research
 1398  protocol;
 1399         (f) The prescription is for a drug for which the federal
 1400  Food and Drug Administration requires the prescription to
 1401  contain elements that may not be included in electronic
 1402  prescribing;
 1403         (g) The prescription is issued to an individual receiving
 1404  hospice care or who is a resident of a nursing home facility; or
 1405         (h) The practitioner determines that it is in the best
 1406  interest of the patient, or the patient determines that it is in
 1407  his or her own best interest, to compare prescription drug
 1408  prices among area pharmacies. The practitioner must document
 1409  such determination in the patient’s medical record.
 1410  
 1411  The department, in consultation with the Board of Medicine, the
 1412  Board of Osteopathic Medicine, the Board of Podiatric Medicine,
 1413  the Board of Dentistry, the Board of Nursing, and the Board of
 1414  Optometry, may adopt rules to implement this subsection.
 1415         Reviser’s note.—Amended to correct a cross-reference to conform
 1416         to the redesignation of s. 408.051(2)(a) as s.
 1417         408.051(2)(c) by s. 9, ch. 2023-33, Laws of Florida.
 1418         Section 43. Subsection (6) of section 480.041, Florida
 1419  Statutes, is amended to read:
 1420         480.041 Massage therapists; qualifications; licensure;
 1421  endorsement.—
 1422         (6) Massage therapists who were issued a license before
 1423  July 1, 2014, must submit to the background screening
 1424  requirements of s. 456.0135 by January 31, 2015.
 1425         Reviser’s note.—Amended to delete an obsolete provision.
 1426         Section 44. Paragraph (i) of subsection (1) of section
 1427  497.260, Florida Statutes, is amended to read:
 1428         497.260 Cemeteries; exemption; investigation and
 1429  mediation.—
 1430         (1) The provisions of this chapter relating to cemeteries
 1431  and all rules adopted pursuant thereto shall apply to all
 1432  cemeteries except for:
 1433         (i) A columbarium consisting of 5 acres or less which is
 1434  located on the main campus of a state university as defined in
 1435  s. 1000.21(9) 1000.21(8). The university or university direct
 1436  support organization, as defined in s. 1004.28(1), which
 1437  establishes the columbarium shall ensure that the columbarium is
 1438  constructed and perpetually kept and maintained in a manner
 1439  consistent with subsection (2) and the intent of this chapter.
 1440         Reviser’s note.—Amended to conform to the reordering of
 1441         definitions in s. 1000.21 by this act.
 1442         Section 45. Section 501.2042, Florida Statutes, is amended
 1443  to read:
 1444         501.2042 Unlawful acts and practices by online crowd
 1445  funding campaigns.—
 1446         (1) As used in this section, the term:
 1447         (a) “Crowd-funding campaign” means an online fundraising
 1448  initiative that is intended to receive monetary donations from
 1449  donors and is created by an organizer in the interest of a
 1450  beneficiary.
 1451         (b) “Crowd-funding platform” means an entity doing business
 1452  in this state which provides an online medium for the creation
 1453  and facilitation of a crowd-funding campaign.
 1454         (c) “Disaster” has the same meaning as in s. 252.34(2).
 1455         (d) “Organizer” means a person who:
 1456         1. Resides or is domiciled in this state; and
 1457         2. Has an account on a crowd-funding platform and has
 1458  created a crowd-funding campaign either as a beneficiary or on
 1459  behalf of a beneficiary, regardless of whether the beneficiary
 1460  or the crowd-funding campaign has received donations.
 1461         (2)a. For crowd-funding campaigns related to and arising
 1462  out of a declared disaster, a crowd-funding platform must:
 1463         (a)(I) Collect and retain, for 1 year after the date of the
 1464  declared disaster, the name, e-mail address, phone number, and
 1465  state of residence of the organizer.
 1466         (b)(II) Require the organizer to indicate, on the crowd
 1467  funding campaign, the state in which they are located.
 1468         (c)(III) Cooperate with any investigation by or in
 1469  partnership with law enforcement.
 1470         (d)(IV) Clearly display and direct donors to fundraisers
 1471  that comply with the crowd-funding platform’s terms of service.
 1472         (3)b. When an organizer arranges a crowd-funding campaign
 1473  related to and arising out of a declared disaster, the organizer
 1474  must attest that:
 1475         (a)(I) All information provided in connection with a crowd
 1476  funding campaign is accurate, complete, and not likely to
 1477  deceive users.
 1478         (b)(II) All donations contributed to the crowd-funding
 1479  campaign will be used solely as described in the materials the
 1480  organizer posts or provides on the crowd-funding platform.
 1481         Reviser’s note.—Amended to redesignate subunits to improve the
 1482         structure of the section. Section 501.2042, as added by s.
 1483         3, ch. 2023-130, Laws of Florida, contained a subsection
 1484         (1) but no subsection (2). Paragraph (1)(c) is amended to
 1485         confirm an editorial insertion to improve clarity.
 1486         Section 46. Paragraphs (g) and (i) of subsection (3) and
 1487  paragraphs (c) and (d) of subsection (12) of section 553.865,
 1488  Florida Statutes, are amended to read:
 1489         553.865 Private spaces.—
 1490         (3) As used in this section, the term:
 1491         (g) “K-12 educational institution or facility” means:
 1492         1. A school as defined in s. 1003.01(17) 1003.01(2)
 1493  operated under the control of a district school board as defined
 1494  in s. 1003.01(7) 1003.01(1);
 1495         2. The Florida School for the Deaf and the Blind as
 1496  described in ss. 1000.04(4) and 1002.36;
 1497         3. A developmental research (laboratory) school established
 1498  pursuant to s. 1002.32(2);
 1499         4. A charter school authorized under s. 1002.33; or
 1500         5. A private school as defined in s. 1002.01(3) 1002.01(2).
 1501         (i) “Postsecondary educational institution or facility”
 1502  means:
 1503         1. A state university as defined in s. 1000.21(9)
 1504  1000.21(6);
 1505         2. A Florida College System institution as defined in s.
 1506  1000.21(5) 1000.21(3);
 1507         3. A school district career center as described in s.
 1508  1001.44(3);
 1509         4. A college or university licensed by the Commission for
 1510  Independent Education pursuant to s. 1005.31(1)(a); or
 1511         5. An institution not under the jurisdiction or purview of
 1512  the commission as identified in s. 1005.06(1)(b)-(f).
 1513         (12) A covered entity that is:
 1514         (c) A K-12 educational institution or facility, Florida
 1515  College System institution as defined in s. 1000.21(5)
 1516  1000.21(3), or a school district career center as described in
 1517  s. 1001.44(3) shall submit documentation to the State Board of
 1518  Education regarding compliance with subsections (4) and (5), as
 1519  applicable, within 1 year after being established or, if such
 1520  institution, facility, or center was established before July 1,
 1521  2023, no later than April 1, 2024.
 1522         (d) A state university as defined in s. 1000.21(9)
 1523  1000.21(6) shall submit documentation to the Board of Governors
 1524  regarding compliance with subsections (4) and (5), as
 1525  applicable, within 1 year after being established or, if such
 1526  institution was established before July 1, 2023, no later than
 1527  April 1, 2024.
 1528         Reviser’s note.—Subparagraph (3)(g)1. is amended to conform to
 1529         the reordering of definitions in s. 1003.01 by s. 148, ch.
 1530         2023-8, Laws of Florida. Subparagraph (3)(g)5. is amended
 1531         to conform to the redesignation of s. 1002.01(2) as s.
 1532         1002.01(3) by s. 4, ch. 2023-16, Laws of Florida.
 1533         Subparagraph (3)(i)2. and paragraph (12)(c) are amended to
 1534         conform to the reordering of definitions in s. 1000.21 by
 1535         s. 148, ch. 2023-8. Subparagraph (3)(i)1. and paragraph
 1536         (12)(d) are amended to conform to the reordering of
 1537         definitions in s. 1000.21 by s. 136, ch. 2023-8, and the
 1538         further reordering of definitions in s. 1000.21 by this
 1539         act.
 1540         Section 47. Paragraph (d) of subsection (10) of section
 1541  560.103, Florida Statutes, is amended to read:
 1542         560.103 Definitions.—As used in this chapter, the term:
 1543         (10) “Control person” means, with respect to a money
 1544  services business, any of the following:
 1545         (d) A shareholder in whose name shares are registered in
 1546  the records of a corporation for profit, whether incorporated
 1547  under the laws of this state or organized under the laws of any
 1548  other jurisdiction and existing in that legal form, who owns 25
 1549  percent or more of a class of the company’s equity securities.
 1550         Reviser’s note.—Amended to confirm an editorial insertion to
 1551         improve clarity.
 1552         Section 48. Subsection (1) of section 565.04, Florida
 1553  Statutes, is amended to read:
 1554         565.04 Package store restrictions.—
 1555         (1) Vendors licensed under s. 565.02(1)(a) shall not in
 1556  said place of business sell, offer, or expose for sale any
 1557  merchandise other than such beverages, and such places of
 1558  business shall be devoted exclusively to such sales; provided,
 1559  however, that such vendors shall be permitted to sell bitters;,
 1560  grenadine;, nonalcoholic mixer-type beverages, (not to include
 1561  fruit juices produced outside this state;), fruit juices
 1562  produced in this state;, home bar and party supplies and
 1563  equipment, (including but not limited to glassware and party
 1564  type foods;), miniatures of no alcoholic content;, nicotine
 1565  products;, and tobacco products. Such places of business shall
 1566  have no openings permitting direct access to any other building
 1567  or room, except to a private office or storage room of the place
 1568  of business from which patrons are excluded.
 1569         Reviser’s note.—Amended to improve clarity.
 1570         Section 49. Subsection (2) of section 571.265, Florida
 1571  Statutes, is amended to read:
 1572         571.265 Promotion of Florida thoroughbred breeding and of
 1573  thoroughbred racing at Florida thoroughbred tracks; distribution
 1574  of funds.—
 1575         (2) Funds deposited into the Florida Agricultural
 1576  Promotional Campaign Trust Fund pursuant to s. 212.20(6)(d)6.f.
 1577  212.20(6)(d)6.h. shall be used by the department to encourage
 1578  the agricultural activity of breeding thoroughbred racehorses in
 1579  this state and to enhance thoroughbred racing conducted at
 1580  thoroughbred tracks in this state as provided in this section.
 1581  If the funds made available under this section are not fully
 1582  used in any one fiscal year, any unused amounts shall be carried
 1583  forward in the trust fund into future fiscal years and made
 1584  available for distribution as provided in this section.
 1585         Reviser’s note.—Amended to conform to the redesignation of s.
 1586         212.20(6)(d)6.h., added by s. 25, ch. 2023-157, Laws of
 1587         Florida, as s. 212.20(6)(d)6.f. to conform to the
 1588         redesignation of existing sub-subparagraphs by s. 17, ch.
 1589         2023-173, Laws of Florida.
 1590         Section 50. Subsections (17), (18), and (19) of section
 1591  585.01, Florida Statutes, are amended to read:
 1592         585.01 Definitions.—In construing this part, where the
 1593  context permits, the word, phrase, or term:
 1594         (17) “Technical council” means the Animal Industry
 1595  Technical Council.
 1596         (17)(18) “Transmissible,” “communicable,” “contagious,” and
 1597  “infectious” all refer to diseases which are readily transferred
 1598  between or among animals in a group or to susceptible animals in
 1599  proximity to diseased animals. Such transference may be directly
 1600  from one animal to another, by contact with objects contaminated
 1601  by disease-causing agents, or by insect (vector) transmission of
 1602  disease-causing agents from diseased animals into susceptible
 1603  animals or humans.
 1604         (18)(19) “Violative levels” means levels above the
 1605  tolerances established by the United States Food and Drug
 1606  Administration or the United States Environmental Protection
 1607  Agency, as adopted by department rule.
 1608         Reviser’s note.—Subsection (17) is deleted to conform to the
 1609         repeal of s. 585.008, which created the Animal Industry
 1610         Technical Council, by s. 27, ch. 2023-154, Laws of Florida.
 1611         Subsections (18) and (19) are amended to conform to the
 1612         deletion of subsection (17).
 1613         Section 51. Paragraph (i) of subsection (1) of section
 1614  626.321, Florida Statutes, is amended to read:
 1615         626.321 Limited licenses and registration.—
 1616         (1) The department shall issue to a qualified applicant a
 1617  license as agent authorized to transact a limited class of
 1618  business in any of the following categories of limited lines
 1619  insurance:
 1620         (i) Preneed funeral agreement insurance.—Limited license
 1621  for insurance covering only prearranged funeral, cremation, or
 1622  cemetery agreements, or any combination thereof, funded by
 1623  insurance and offered in connection with an establishment that
 1624  holds a preneed license pursuant to s. 497.452. Such license may
 1625  be issued without examination only to an individual who has
 1626  filed with the department an application for a license in a form
 1627  and manner prescribed by the department, who currently holds a
 1628  valid preneed sales agent license pursuant to s. 497.466, who
 1629  has paid the applicable fees for a license as prescribed in s.
 1630  624.501, who has been appointed under s. 626.112, and who has
 1631  paid the prescribed appointment fee under s. 624.501.
 1632         Reviser’s note.—Amended to confirm editorial insertions to
 1633         improve clarity.
 1634         Section 52. Subsection (4) of section 626.602, Florida
 1635  Statutes, is amended to read:
 1636         626.602 Insurance agency and adjusting firm names;
 1637  disapproval.—The department may disapprove the use of any true
 1638  or fictitious name, other than the bona fide natural name of an
 1639  individual, by any insurance agency or adjusting firm on any of
 1640  the following grounds:
 1641         (4) The name contains the word “Medicare” or “Medicaid.”
 1642  Licenses for agencies with names containing either of these
 1643  words automatically expire on July 1, 2023, unless these words
 1644  are removed from the name.
 1645         Reviser’s note.—Amended to delete obsolete language.
 1646         Section 53. Subsection (3) of section 627.06292, Florida
 1647  Statutes, is amended to read:
 1648         627.06292 Reports of hurricane loss data and associated
 1649  exposure data; public records exemption.—
 1650         (3) Each year, on October 1, 2011, and on each October 1
 1651  thereafter, the Florida International University center that
 1652  develops, maintains, and updates the public model for hurricane
 1653  loss projections shall publish a report summarizing loss data
 1654  and associated exposure data collected from residential property
 1655  insurers and licensed rating and advisory organizations. The
 1656  Florida International University center shall submit the report
 1657  annually, on or before October 1, to the Governor, the President
 1658  of the Senate, and the Speaker of the House of Representatives.
 1659         (a) Such report must include a summary of the data supplied
 1660  by residential property insurers and licensed rating and
 1661  advisory organizations from September 1 of the prior year to
 1662  August 31 of the current year, and must include the following
 1663  information:
 1664         1. The total amount of insurance written by county.
 1665         2. The number of property insurance policies by county.
 1666         3. The number of property insurance policies by county and
 1667  by construction type.
 1668         4. The number of property insurance policies by county and
 1669  by decade of construction.
 1670         5. The number of property insurance policies by county and
 1671  by deductible amount.
 1672         6. The number of property insurance policies by county and
 1673  by wind mitigation features when the information is supplied by
 1674  the residential property insurer or licensed rating and advisory
 1675  organization.
 1676         7. The total amount of hurricane losses by county and by
 1677  decade of construction.
 1678         8. The total amount of hurricane losses by county and by
 1679  deductible amount.
 1680         9. The total amount of hurricane losses by county and by
 1681  wind mitigation features when the information is supplied by the
 1682  residential property insurer or licensed rating and advisory
 1683  organization.
 1684         (b) Separate compilations of the data obtained shall be
 1685  presented in order to use the public model for calculating rate
 1686  indications and to update, validate, or calibrate the public
 1687  model. Additional detail and a description of the operation and
 1688  maintenance of the public model may be included in the report.
 1689         (c) The report may not contain any information that
 1690  identifies a specific insurer or policyholder.
 1691         Reviser’s note.—Amended to delete obsolete language.
 1692         Section 54. Paragraphs (b) and (ii) of subsection (6) of
 1693  section 627.351, Florida Statutes, are amended to read:
 1694         627.351 Insurance risk apportionment plans.—
 1695         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1696         (b)1. All insurers authorized to write one or more subject
 1697  lines of business in this state are subject to assessment by the
 1698  corporation and, for the purposes of this subsection, are
 1699  referred to collectively as “assessable insurers.” Insurers
 1700  writing one or more subject lines of business in this state
 1701  pursuant to part VIII of chapter 626 are not assessable
 1702  insurers; however, insureds who procure one or more subject
 1703  lines of business in this state pursuant to part VIII of chapter
 1704  626 are subject to assessment by the corporation and are
 1705  referred to collectively as “assessable insureds.” An insurer’s
 1706  assessment liability begins on the first day of the calendar
 1707  year following the year in which the insurer was issued a
 1708  certificate of authority to transact insurance for subject lines
 1709  of business in this state and terminates 1 year after the end of
 1710  the first calendar year during which the insurer no longer holds
 1711  a certificate of authority to transact insurance for subject
 1712  lines of business in this state.
 1713         2.a. All revenues, assets, liabilities, losses, and
 1714  expenses of the corporation shall be divided into three separate
 1715  accounts as follows:
 1716         (I) A personal lines account for personal residential
 1717  policies issued by the corporation which provides comprehensive,
 1718  multiperil coverage on risks that are not located in areas
 1719  eligible for coverage by the Florida Windstorm Underwriting
 1720  Association as those areas were defined on January 1, 2002, and
 1721  for policies that do not provide coverage for the peril of wind
 1722  on risks that are located in such areas;
 1723         (II) A commercial lines account for commercial residential
 1724  and commercial nonresidential policies issued by the corporation
 1725  which provides coverage for basic property perils on risks that
 1726  are not located in areas eligible for coverage by the Florida
 1727  Windstorm Underwriting Association as those areas were defined
 1728  on January 1, 2002, and for policies that do not provide
 1729  coverage for the peril of wind on risks that are located in such
 1730  areas; and
 1731         (III) A coastal account for personal residential policies
 1732  and commercial residential and commercial nonresidential
 1733  property policies issued by the corporation which provides
 1734  coverage for the peril of wind on risks that are located in
 1735  areas eligible for coverage by the Florida Windstorm
 1736  Underwriting Association as those areas were defined on January
 1737  1, 2002. The corporation may offer policies that provide
 1738  multiperil coverage and shall offer policies that provide
 1739  coverage only for the peril of wind for risks located in areas
 1740  eligible for coverage in the coastal account. Effective July 1,
 1741  2014, the corporation shall cease offering new commercial
 1742  residential policies providing multiperil coverage and shall
 1743  instead continue to offer commercial residential wind-only
 1744  policies, and may offer commercial residential policies
 1745  excluding wind. The corporation may, however, continue to renew
 1746  a commercial residential multiperil policy on a building that is
 1747  insured by the corporation on June 30, 2014, under a multiperil
 1748  policy. In issuing multiperil coverage, the corporation may use
 1749  its approved policy forms and rates for the personal lines
 1750  account. An applicant or insured who is eligible to purchase a
 1751  multiperil policy from the corporation may purchase a multiperil
 1752  policy from an authorized insurer without prejudice to the
 1753  applicant’s or insured’s eligibility to prospectively purchase a
 1754  policy that provides coverage only for the peril of wind from
 1755  the corporation. An applicant or insured who is eligible for a
 1756  corporation policy that provides coverage only for the peril of
 1757  wind may elect to purchase or retain such policy and also
 1758  purchase or retain coverage excluding wind from an authorized
 1759  insurer without prejudice to the applicant’s or insured’s
 1760  eligibility to prospectively purchase a policy that provides
 1761  multiperil coverage from the corporation. It is the goal of the
 1762  Legislature that there be an overall average savings of 10
 1763  percent or more for a policyholder who currently has a wind-only
 1764  policy with the corporation, and an ex-wind policy with a
 1765  voluntary insurer or the corporation, and who obtains a
 1766  multiperil policy from the corporation. It is the intent of the
 1767  Legislature that the offer of multiperil coverage in the coastal
 1768  account be made and implemented in a manner that does not
 1769  adversely affect the tax-exempt status of the corporation or
 1770  creditworthiness of or security for currently outstanding
 1771  financing obligations or credit facilities of the coastal
 1772  account, the personal lines account, or the commercial lines
 1773  account. The coastal account must also include quota share
 1774  primary insurance under subparagraph (c)2. The area eligible for
 1775  coverage under the coastal account also includes the area within
 1776  Port Canaveral, which is bordered on the south by the City of
 1777  Cape Canaveral, bordered on the west by the Banana River, and
 1778  bordered on the north by Federal Government property.
 1779         b. The three separate accounts must be maintained as long
 1780  as financing obligations entered into by the Florida Windstorm
 1781  Underwriting Association or Residential Property and Casualty
 1782  Joint Underwriting Association are outstanding, in accordance
 1783  with the terms of the corresponding financing documents. If no
 1784  such financing obligations remain outstanding or if the
 1785  financing documents allow for combining of accounts, the
 1786  corporation may consolidate the three separate accounts into a
 1787  new account, to be known as the Citizens account, for all
 1788  revenues, assets, liabilities, losses, and expenses of the
 1789  corporation. The Citizens account, if established by the
 1790  corporation, is authorized to provide coverage to the same
 1791  extent as provided under each of the three separate accounts.
 1792  The authority to provide coverage under the Citizens account is
 1793  set forth in subparagraph 4. Consistent with this subparagraph
 1794  and prudent investment policies that minimize the cost of
 1795  carrying debt, the board shall exercise its best efforts to
 1796  retire existing debt or obtain the approval of necessary parties
 1797  to amend the terms of existing debt, so as to structure the most
 1798  efficient plan for consolidating the three separate accounts
 1799  into a single account. Once the accounts are combined into one
 1800  account, this subparagraph and subparagraph 3. shall be replaced
 1801  in their entirety by subparagraphs 4. and 5.
 1802         c. Creditors of the Residential Property and Casualty Joint
 1803  Underwriting Association and the accounts specified in sub-sub
 1804  subparagraphs a.(I) and (II) may have a claim against, and
 1805  recourse to, those accounts and no claim against, or recourse
 1806  to, the account referred to in sub-sub-subparagraph a.(III).
 1807  Creditors of the Florida Windstorm Underwriting Association have
 1808  a claim against, and recourse to, the account referred to in
 1809  sub-sub-subparagraph a.(III) and no claim against, or recourse
 1810  to, the accounts referred to in sub-sub-subparagraphs a.(I) and
 1811  (II).
 1812         d. Revenues, assets, liabilities, losses, and expenses not
 1813  attributable to particular accounts shall be prorated among the
 1814  accounts.
 1815         e. The Legislature finds that the revenues of the
 1816  corporation are revenues that are necessary to meet the
 1817  requirements set forth in documents authorizing the issuance of
 1818  bonds under this subsection.
 1819         f. The income of the corporation may not inure to the
 1820  benefit of any private person.
 1821         3. With respect to a deficit in an account:
 1822         a. After accounting for the Citizens policyholder surcharge
 1823  imposed under sub-subparagraph j. sub-subparagraph i., if the
 1824  remaining projected deficit incurred in the coastal account in a
 1825  particular calendar year:
 1826         (I) Is not greater than 2 percent of the aggregate
 1827  statewide direct written premium for the subject lines of
 1828  business for the prior calendar year, the entire deficit shall
 1829  be recovered through regular assessments of assessable insurers
 1830  under paragraph (q) and assessable insureds.
 1831         (II) Exceeds 2 percent of the aggregate statewide direct
 1832  written premium for the subject lines of business for the prior
 1833  calendar year, the corporation shall levy regular assessments on
 1834  assessable insurers under paragraph (q) and on assessable
 1835  insureds in an amount equal to the greater of 2 percent of the
 1836  projected deficit or 2 percent of the aggregate statewide direct
 1837  written premium for the subject lines of business for the prior
 1838  calendar year. Any remaining projected deficit shall be
 1839  recovered through emergency assessments under sub-subparagraph
 1840  e.
 1841         b. Each assessable insurer’s share of the amount being
 1842  assessed under sub-subparagraph a. must be in the proportion
 1843  that the assessable insurer’s direct written premium for the
 1844  subject lines of business for the year preceding the assessment
 1845  bears to the aggregate statewide direct written premium for the
 1846  subject lines of business for that year. The assessment
 1847  percentage applicable to each assessable insured is the ratio of
 1848  the amount being assessed under sub-subparagraph a. to the
 1849  aggregate statewide direct written premium for the subject lines
 1850  of business for the prior year. Assessments levied by the
 1851  corporation on assessable insurers under sub-subparagraph a.
 1852  must be paid as required by the corporation’s plan of operation
 1853  and paragraph (q). Assessments levied by the corporation on
 1854  assessable insureds under sub-subparagraph a. shall be collected
 1855  by the surplus lines agent at the time the surplus lines agent
 1856  collects the surplus lines tax required by s. 626.932, and paid
 1857  to the Florida Surplus Lines Service Office at the time the
 1858  surplus lines agent pays the surplus lines tax to that office.
 1859  Upon receipt of regular assessments from surplus lines agents,
 1860  the Florida Surplus Lines Service Office shall transfer the
 1861  assessments directly to the corporation as determined by the
 1862  corporation.
 1863         c. The corporation may not levy regular assessments under
 1864  paragraph (q) pursuant to sub-subparagraph a. or sub
 1865  subparagraph b. if the three separate accounts in sub-sub
 1866  subparagraphs 2.a.(I)-(III) have been consolidated into the
 1867  Citizens account pursuant to sub-subparagraph 2.b. However, the
 1868  outstanding balance of any regular assessment levied by the
 1869  corporation before establishment of the Citizens account remains
 1870  payable to the corporation.
 1871         d. After accounting for the Citizens policyholder surcharge
 1872  imposed under sub-subparagraph j., the remaining projected
 1873  deficits in the personal lines account and in the commercial
 1874  lines account in a particular calendar year shall be recovered
 1875  through emergency assessments under sub-subparagraph e.
 1876         e. Upon a determination by the board of governors that a
 1877  projected deficit in an account exceeds the amount that is
 1878  expected to be recovered through regular assessments under sub
 1879  subparagraph a., plus the amount that is expected to be
 1880  recovered through surcharges under sub-subparagraph j., the
 1881  board, after verification by the office, shall levy emergency
 1882  assessments for as many years as necessary to cover the
 1883  deficits, to be collected by assessable insurers and the
 1884  corporation and collected from assessable insureds upon issuance
 1885  or renewal of policies for subject lines of business, excluding
 1886  National Flood Insurance policies. The amount collected in a
 1887  particular year must be a uniform percentage of that year’s
 1888  direct written premium for subject lines of business and all
 1889  accounts of the corporation, excluding National Flood Insurance
 1890  Program policy premiums, as annually determined by the board and
 1891  verified by the office. The office shall verify the arithmetic
 1892  calculations involved in the board’s determination within 30
 1893  days after receipt of the information on which the determination
 1894  was based. The office shall notify assessable insurers and the
 1895  Florida Surplus Lines Service Office of the date on which
 1896  assessable insurers shall begin to collect and assessable
 1897  insureds shall begin to pay such assessment. The date must be at
 1898  least 90 days after the date the corporation levies emergency
 1899  assessments pursuant to this sub-subparagraph. Notwithstanding
 1900  any other provision of law, the corporation and each assessable
 1901  insurer that writes subject lines of business shall collect
 1902  emergency assessments from its policyholders without such
 1903  obligation being affected by any credit, limitation, exemption,
 1904  or deferment. Emergency assessments levied by the corporation on
 1905  assessable insureds shall be collected by the surplus lines
 1906  agent at the time the surplus lines agent collects the surplus
 1907  lines tax required by s. 626.932 and paid to the Florida Surplus
 1908  Lines Service Office at the time the surplus lines agent pays
 1909  the surplus lines tax to that office. The emergency assessments
 1910  collected shall be transferred directly to the corporation on a
 1911  periodic basis as determined by the corporation and held by the
 1912  corporation solely in the applicable account. The aggregate
 1913  amount of emergency assessments levied for an account in any
 1914  calendar year may be less than but may not exceed the greater of
 1915  10 percent of the amount needed to cover the deficit, plus
 1916  interest, fees, commissions, required reserves, and other costs
 1917  associated with financing the original deficit, or 10 percent of
 1918  the aggregate statewide direct written premium for subject lines
 1919  of business and all accounts of the corporation for the prior
 1920  year, plus interest, fees, commissions, required reserves, and
 1921  other costs associated with financing the deficit.
 1922         f. The corporation may pledge the proceeds of assessments,
 1923  projected recoveries from the Florida Hurricane Catastrophe
 1924  Fund, other insurance and reinsurance recoverables, policyholder
 1925  surcharges and other surcharges, and other funds available to
 1926  the corporation as the source of revenue for and to secure bonds
 1927  issued under paragraph (q), bonds or other indebtedness issued
 1928  under subparagraph (c)3., or lines of credit or other financing
 1929  mechanisms issued or created under this subsection, or to retire
 1930  any other debt incurred as a result of deficits or events giving
 1931  rise to deficits, or in any other way that the board determines
 1932  will efficiently recover such deficits. The purpose of the lines
 1933  of credit or other financing mechanisms is to provide additional
 1934  resources to assist the corporation in covering claims and
 1935  expenses attributable to a catastrophe. As used in this
 1936  subsection, the term “assessments” includes regular assessments
 1937  under sub-subparagraph a. or subparagraph (q)1. and emergency
 1938  assessments under sub-subparagraph e. Emergency assessments
 1939  collected under sub-subparagraph e. are not part of an insurer’s
 1940  rates, are not premium, and are not subject to premium tax,
 1941  fees, or commissions; however, failure to pay the emergency
 1942  assessment shall be treated as failure to pay premium. The
 1943  emergency assessments shall continue as long as any bonds issued
 1944  or other indebtedness incurred with respect to a deficit for
 1945  which the assessment was imposed remain outstanding, unless
 1946  adequate provision has been made for the payment of such bonds
 1947  or other indebtedness pursuant to the documents governing such
 1948  bonds or indebtedness.
 1949         g. As used in this subsection for purposes of any deficit
 1950  incurred on or after January 25, 2007, the term “subject lines
 1951  of business” means insurance written by assessable insurers or
 1952  procured by assessable insureds for all property and casualty
 1953  lines of business in this state, but not including workers’
 1954  compensation or medical malpractice. As used in this sub
 1955  subparagraph, the term “property and casualty lines of business”
 1956  includes all lines of business identified on Form 2, Exhibit of
 1957  Premiums and Losses, in the annual statement required of
 1958  authorized insurers under s. 624.424 and any rule adopted under
 1959  this section, except for those lines identified as accident and
 1960  health insurance and except for policies written under the
 1961  National Flood Insurance Program or the Federal Crop Insurance
 1962  Program. For purposes of this sub-subparagraph, the term
 1963  “workers’ compensation” includes both workers’ compensation
 1964  insurance and excess workers’ compensation insurance.
 1965         h. The Florida Surplus Lines Service Office shall determine
 1966  annually the aggregate statewide written premium in subject
 1967  lines of business procured by assessable insureds and report
 1968  that information to the corporation in a form and at a time the
 1969  corporation specifies to ensure that the corporation can meet
 1970  the requirements of this subsection and the corporation’s
 1971  financing obligations.
 1972         i. The Florida Surplus Lines Service Office shall verify
 1973  the proper application by surplus lines agents of assessment
 1974  percentages for regular assessments and emergency assessments
 1975  levied under this subparagraph on assessable insureds and assist
 1976  the corporation in ensuring the accurate, timely collection and
 1977  payment of assessments by surplus lines agents as required by
 1978  the corporation.
 1979         j. Upon determination by the board of governors that an
 1980  account has a projected deficit, the board shall levy a Citizens
 1981  policyholder surcharge against all policyholders of the
 1982  corporation.
 1983         (I) The surcharge shall be levied as a uniform percentage
 1984  of the premium for the policy of up to 15 percent of such
 1985  premium, which funds shall be used to offset the deficit.
 1986         (II) The surcharge is payable upon cancellation or
 1987  termination of the policy, upon renewal of the policy, or upon
 1988  issuance of a new policy by the corporation within the first 12
 1989  months after the date of the levy or the period of time
 1990  necessary to fully collect the surcharge amount.
 1991         (III) The corporation may not levy any regular assessments
 1992  under paragraph (q) pursuant to sub-subparagraph a. or sub
 1993  subparagraph b. with respect to a particular year’s deficit
 1994  until the corporation has first levied the full amount of the
 1995  surcharge authorized by this sub-subparagraph.
 1996         (IV) The surcharge is not considered premium and is not
 1997  subject to commissions, fees, or premium taxes. However, failure
 1998  to pay the surcharge shall be treated as failure to pay premium.
 1999         k. If the amount of any assessments or surcharges collected
 2000  from corporation policyholders, assessable insurers or their
 2001  policyholders, or assessable insureds exceeds the amount of the
 2002  deficits, such excess amounts shall be remitted to and retained
 2003  by the corporation in a reserve to be used by the corporation,
 2004  as determined by the board of governors and approved by the
 2005  office, to pay claims or reduce any past, present, or future
 2006  plan-year deficits or to reduce outstanding debt.
 2007         4. The Citizens account, if established by the corporation
 2008  pursuant to sub-subparagraph 2.b., is authorized to provide:
 2009         a. Personal residential policies that provide
 2010  comprehensive, multiperil coverage on risks that are not located
 2011  in areas eligible for coverage by the Florida Windstorm
 2012  Underwriting Association, as those areas were defined on January
 2013  1, 2002, and for policies that do not provide coverage for the
 2014  peril of wind on risks that are located in such areas;
 2015         b. Commercial residential and commercial nonresidential
 2016  policies that provide coverage for basic property perils on
 2017  risks that are not located in areas eligible for coverage by the
 2018  Florida Windstorm Underwriting Association, as those areas were
 2019  defined on January 1, 2002, and for policies that do not provide
 2020  coverage for the peril of wind on risks that are located in such
 2021  areas; and
 2022         c. Personal residential policies and commercial residential
 2023  and commercial nonresidential property policies that provide
 2024  coverage for the peril of wind on risks that are located in
 2025  areas eligible for coverage by the Florida Windstorm
 2026  Underwriting Association, as those areas were defined on January
 2027  1, 2002. The corporation may offer policies that provide
 2028  multiperil coverage and shall offer policies that provide
 2029  coverage only for the peril of wind for risks located in areas
 2030  eligible for coverage by the Florida Windstorm Underwriting
 2031  Association, as those areas were defined on January 1, 2002. The
 2032  corporation may not offer new commercial residential policies
 2033  providing multiperil coverage, but shall continue to offer
 2034  commercial residential wind-only policies, and may offer
 2035  commercial residential policies excluding wind. However, the
 2036  corporation may continue to renew a commercial residential
 2037  multiperil policy on a building that was insured by the
 2038  corporation on June 30, 2014, under a multiperil policy. In
 2039  issuing multiperil coverage under this sub-subparagraph, the
 2040  corporation may use its approved policy forms and rates for
 2041  risks located in areas not eligible for coverage by the Florida
 2042  Windstorm Underwriting Association as those areas were defined
 2043  on January 1, 2002, and for policies that do not provide
 2044  coverage for the peril of wind on risks that are located in such
 2045  areas. An applicant or insured who is eligible to purchase a
 2046  multiperil policy from the corporation may purchase a multiperil
 2047  policy from an authorized insurer without prejudice to the
 2048  applicant’s or insured’s eligibility to prospectively purchase a
 2049  policy that provides coverage only for the peril of wind from
 2050  the corporation. An applicant or insured who is eligible for a
 2051  corporation policy that provides coverage only for the peril of
 2052  wind may elect to purchase or retain such policy and also
 2053  purchase or retain coverage excluding wind from an authorized
 2054  insurer without prejudice to the applicant’s or insured’s
 2055  eligibility to prospectively purchase a policy that provides
 2056  multiperil coverage from the corporation. The following
 2057  policies, which provide coverage only for the peril of wind,
 2058  must also include quota share primary insurance under
 2059  subparagraph (c)2.: Personal residential policies and commercial
 2060  residential and commercial nonresidential property policies that
 2061  provide coverage for the peril of wind on risks that are located
 2062  in areas eligible for coverage by the Florida Windstorm
 2063  Underwriting Association, as those areas were defined on January
 2064  1, 2002; policies that provide multiperil coverage, if offered
 2065  by the corporation, and policies that provide coverage only for
 2066  the peril of wind for risks located in areas eligible for
 2067  coverage by the Florida Windstorm Underwriting Association, as
 2068  those areas were defined on January 1, 2002; commercial
 2069  residential wind-only policies; commercial residential policies
 2070  excluding wind, if offered by the corporation; and commercial
 2071  residential multiperil policies on a building that was insured
 2072  by the corporation on June 30, 2014. The area eligible for
 2073  coverage with the corporation under this sub-subparagraph
 2074  includes the area within Port Canaveral, which is bordered on
 2075  the south by the City of Cape Canaveral, bordered on the west by
 2076  the Banana River, and bordered on the north by Federal
 2077  Government property.
 2078         5. With respect to a deficit in the Citizens account:
 2079         a. Upon a determination by the board of governors that the
 2080  Citizens account has a projected deficit, the board shall levy a
 2081  Citizens policyholder surcharge against all policyholders of the
 2082  corporation.
 2083         (I) The surcharge shall be levied as a uniform percentage
 2084  of the premium for the policy of up to 15 percent of such
 2085  premium, which funds shall be used to offset the deficit.
 2086         (II) The surcharge is payable upon cancellation or
 2087  termination of the policy, upon renewal of the policy, or upon
 2088  issuance of a new policy by the corporation within the first 12
 2089  months after the date of the levy or the period of time
 2090  necessary to fully collect the surcharge amount.
 2091         (III) The surcharge is not considered premium and is not
 2092  subject to commissions, fees, or premium taxes. However, failure
 2093  to pay the surcharge shall be treated as failure to pay premium.
 2094         b. After accounting for the Citizens policyholder surcharge
 2095  imposed under sub-subparagraph a., the remaining projected
 2096  deficit incurred in the Citizens account in a particular
 2097  calendar year shall be recovered through emergency assessments
 2098  under sub-subparagraph c.
 2099         c. Upon a determination by the board of governors that a
 2100  projected deficit in the Citizens account exceeds the amount
 2101  that is expected to be recovered through surcharges under sub
 2102  subparagraph a., the board, after verification by the office,
 2103  shall levy emergency assessments for as many years as necessary
 2104  to cover the deficits, to be collected by assessable insurers
 2105  and the corporation and collected from assessable insureds upon
 2106  issuance or renewal of policies for subject lines of business,
 2107  excluding National Flood Insurance Program policies. The amount
 2108  collected in a particular year must be a uniform percentage of
 2109  that year’s direct written premium for subject lines of business
 2110  and the Citizens account, National Flood Insurance Program
 2111  policy premiums, as annually determined by the board and
 2112  verified by the office. The office shall verify the arithmetic
 2113  calculations involved in the board’s determination within 30
 2114  days after receipt of the information on which the determination
 2115  was based. The office shall notify assessable insurers and the
 2116  Florida Surplus Lines Service Office of the date on which
 2117  assessable insurers shall begin to collect and assessable
 2118  insureds shall begin to pay such assessment. The date must be at
 2119  least 90 days after the date the corporation levies emergency
 2120  assessments pursuant to this sub-subparagraph. Notwithstanding
 2121  any other law, the corporation and each assessable insurer that
 2122  writes subject lines of business shall collect emergency
 2123  assessments from its policyholders without such obligation being
 2124  affected by any credit, limitation, exemption, or deferment.
 2125  Emergency assessments levied by the corporation on assessable
 2126  insureds shall be collected by the surplus lines agent at the
 2127  time the surplus lines agent collects the surplus lines tax
 2128  required by s. 626.932 and paid to the Florida Surplus Lines
 2129  Service Office at the time the surplus lines agent pays the
 2130  surplus lines tax to that office. The emergency assessments
 2131  collected shall be transferred directly to the corporation on a
 2132  periodic basis as determined by the corporation and held by the
 2133  corporation solely in the Citizens account. The aggregate amount
 2134  of emergency assessments levied for the Citizens account in any
 2135  calendar year may be less than, but may not exceed the greater
 2136  of, 10 percent of the amount needed to cover the deficit, plus
 2137  interest, fees, commissions, required reserves, and other costs
 2138  associated with financing the original deficit or 10 percent of
 2139  the aggregate statewide direct written premium for subject lines
 2140  of business and the Citizens accounts for the prior year, plus
 2141  interest, fees, commissions, required reserves, and other costs
 2142  associated with financing the deficit.
 2143         d. The corporation may pledge the proceeds of assessments,
 2144  projected recoveries from the Florida Hurricane Catastrophe
 2145  Fund, other insurance and reinsurance recoverables, policyholder
 2146  surcharges and other surcharges, and other funds available to
 2147  the corporation as the source of revenue for and to secure bonds
 2148  issued under paragraph (q), bonds or other indebtedness issued
 2149  under subparagraph (c)3., or lines of credit or other financing
 2150  mechanisms issued or created under this subsection; or to retire
 2151  any other debt incurred as a result of deficits or events giving
 2152  rise to deficits, or in any other way that the board determines
 2153  will efficiently recover such deficits. The purpose of the lines
 2154  of credit or other financing mechanisms is to provide additional
 2155  resources to assist the corporation in covering claims and
 2156  expenses attributable to a catastrophe. As used in this
 2157  subsection, the term “assessments” includes emergency
 2158  assessments under sub-subparagraph c. Emergency assessments
 2159  collected under sub-subparagraph c. are not part of an insurer’s
 2160  rates, are not premium, and are not subject to premium tax,
 2161  fees, or commissions; however, failure to pay the emergency
 2162  assessment shall be treated as failure to pay premium. The
 2163  emergency assessments shall continue as long as any bonds issued
 2164  or other indebtedness incurred with respect to a deficit for
 2165  which the assessment was imposed remain outstanding, unless
 2166  adequate provision has been made for the payment of such bonds
 2167  or other indebtedness pursuant to the documents governing such
 2168  bonds or indebtedness.
 2169         e. As used in this subsection and for purposes of any
 2170  deficit incurred on or after January 25, 2007, the term “subject
 2171  lines of business” means insurance written by assessable
 2172  insurers or procured by assessable insureds for all property and
 2173  casualty lines of business in this state, but not including
 2174  workers’ compensation or medical malpractice. As used in this
 2175  sub-subparagraph, the term “property and casualty lines of
 2176  business” includes all lines of business identified on Form 2,
 2177  Exhibit of Premiums and Losses, in the annual statement required
 2178  of authorized insurers under s. 624.424 and any rule adopted
 2179  under this section, except for those lines identified as
 2180  accident and health insurance and except for policies written
 2181  under the National Flood Insurance Program or the Federal Crop
 2182  Insurance Program. For purposes of this sub-subparagraph, the
 2183  term “workers’ compensation” includes both workers’ compensation
 2184  insurance and excess workers’ compensation insurance.
 2185         f. The Florida Surplus Lines Service Office shall annually
 2186  determine the aggregate statewide written premium in subject
 2187  lines of business procured by assessable insureds and report
 2188  that information to the corporation in a form and at a time the
 2189  corporation specifies to ensure that the corporation can meet
 2190  the requirements of this subsection and the corporation’s
 2191  financing obligations.
 2192         g. The Florida Surplus Lines Service Office shall verify
 2193  the proper application by surplus lines agents of assessment
 2194  percentages for emergency assessments levied under this
 2195  subparagraph on assessable insureds and assist the corporation
 2196  in ensuring the accurate, timely collection and payment of
 2197  assessments by surplus lines agents as required by the
 2198  corporation.
 2199         h. If the amount of any assessments or surcharges collected
 2200  from corporation policyholders, assessable insurers or their
 2201  policyholders, or assessable insureds exceeds the amount of the
 2202  deficits, such excess amounts shall be remitted to and retained
 2203  by the corporation in a reserve to be used by the corporation,
 2204  as determined by the board of governors and approved by the
 2205  office, to pay claims or reduce any past, present, or future
 2206  plan-year deficits or to reduce outstanding debt.
 2207         (ii) The corporation shall revise the programs adopted
 2208  pursuant to sub-subparagraph (q)3.a. for personal lines
 2209  residential policies to maximize policyholder options and
 2210  encourage increased participation by insurers and agents. After
 2211  January 1, 2017, a policy may not be taken out of the
 2212  corporation unless the provisions of this paragraph are met.
 2213         1. The corporation must publish a periodic schedule of
 2214  cycles during which an insurer may identify, and notify the
 2215  corporation of, policies that the insurer is requesting to take
 2216  out. A request must include a description of the coverage
 2217  offered and an estimated premium and must be submitted to the
 2218  corporation in a form and manner prescribed by the corporation.
 2219         2. The corporation must maintain and make available to the
 2220  agent of record a consolidated list of all insurers requesting
 2221  to take out a policy. The list must include a description of the
 2222  coverage offered and the estimated premium for each take-out
 2223  request.
 2224         3. If a policyholder receives a take-out offer from an
 2225  authorized insurer, the risk is no longer eligible for coverage
 2226  with the corporation unless the premium for coverage from the
 2227  authorized insurer is more than 20 percent greater than the
 2228  renewal premium for comparable coverage from the corporation
 2229  pursuant to sub-subparagraph (c)5.c. This subparagraph applies
 2230  to take-out offers that are part of an application to
 2231  participate in depopulation submitted to the office on or after
 2232  January 1, 2023.
 2233         4. The corporation must provide written notice to the
 2234  policyholder and the agent of record regarding all insurers
 2235  requesting to take out the policy. The notice must be in a
 2236  format prescribed by the corporation and include, for each take
 2237  out offer:
 2238         a. The amount of the estimated premium;
 2239         b. A description of the coverage; and
 2240         c. A comparison of the estimated premium and coverage
 2241  offered by the insurer to the estimated premium and coverage
 2242  provided by the corporation.
 2243         Reviser’s note.—Sub-subparagraph (6)(b)3.a. is amended to
 2244         confirm an editorial substitution to conform to the
 2245         redesignation of sub-subparagraphs by s. 8, ch. 2022-271,
 2246         Laws of Florida. Subparagraph (6)(ii)3. is amended to
 2247         confirm an editorial insertion to improve clarity.
 2248         Section 55. Subsection (4) of section 627.410, Florida
 2249  Statutes, is amended to read:
 2250         627.410 Filing, approval of forms.—
 2251         (4) The office may, by order, exempt from the requirements
 2252  of this section for so long as it deems proper any insurance
 2253  document or form or type thereof as specified in such order, to
 2254  which, in its opinion, this section may not practicably be
 2255  applied, or the filing and approval of which are, in its
 2256  opinion, not desirable or necessary for the protection of the
 2257  public. The office may not exempt from the requirements of this
 2258  section the insurance documents or forms of any insurer, against
 2259  whom the office enters a final order determining that such
 2260  insurer violated any provision of this code, for a period of 36
 2261  months after the date of such order, and such insurance
 2262  documents or forms may not be deemed approved under subsection
 2263  (2).
 2264         Reviser’s note.—Amended to improve clarity.
 2265         Section 56. Paragraph (c) of subsection (2) and paragraph
 2266  (b) of subsection (3) of section 628.8015, Florida Statutes, are
 2267  amended to read:
 2268         628.8015 Own-risk and solvency assessment; corporate
 2269  governance annual disclosure.—
 2270         (2) OWN-RISK AND SOLVENCY ASSESSMENT.—
 2271         (c) ORSA summary report.—
 2272         1.a. A domestic insurer or insurer member of an insurance
 2273  group of which the office is the lead state, as determined by
 2274  the procedures in the most recent National Association of
 2275  Insurance Commissioners Financial Analysis Handbook, shall:
 2276         (I) Submit an ORSA summary report to the office once every
 2277  calendar year.
 2278         (II) Notify the office of its proposed annual submission
 2279  date by December 1, 2016. The initial ORSA summary report must
 2280  be submitted by December 31, 2017.
 2281         b. An insurer not required to submit an ORSA summary report
 2282  pursuant to sub-subparagraph a. shall:
 2283         (I) Submit an ORSA summary report at the request of the
 2284  office, but not more than once per calendar year.
 2285         (II) Notify the office of the proposed submission date
 2286  within 30 days after the request of the office.
 2287         2. An insurer may comply with sub-subparagraph 1.a. or sub
 2288  subparagraph 1.b. by providing the most recent and substantially
 2289  similar ORSA summary report submitted by the insurer, or another
 2290  member of an insurance group of which the insurer is a member,
 2291  to the chief insurance regulatory official of another state or
 2292  the supervisor or regulator of a foreign jurisdiction. For
 2293  purposes of this subparagraph, a “substantially similar” ORSA
 2294  summary report is one that contains information comparable to
 2295  the information described in the ORSA guidance manual as
 2296  determined by the commissioner of the office. If the report is
 2297  in a language other than English, it must be accompanied by an
 2298  English translation.
 2299         3. The chief risk officer or chief executive officer of the
 2300  insurer or insurance group responsible for overseeing the
 2301  enterprise risk management process must sign the ORSA summary
 2302  report attesting that, to the best of his or her knowledge and
 2303  belief, the insurer or insurance group applied the enterprise
 2304  risk management process described in the ORSA summary report and
 2305  provided a copy of the report to the board of directors or the
 2306  appropriate board committee.
 2307         4. The ORSA summary report must be prepared in accordance
 2308  with the ORSA guidance manual. Documentation and supporting
 2309  information must be maintained by the insurer and made available
 2310  upon examination pursuant to s. 624.316 or upon the request of
 2311  the office.
 2312         5. The ORSA summary report must include a brief description
 2313  of material changes and updates since the prior year report.
 2314         6. The office’s review of the ORSA summary report must be
 2315  conducted, and any additional requests for information must be
 2316  made, using procedures similar to those used in the analysis and
 2317  examination of multistate or global insurers and insurance
 2318  groups.
 2319         (3) CORPORATE GOVERNANCE ANNUAL DISCLOSURE.—
 2320         (b) Disclosure requirement.—
 2321         1.a. An insurer, or insurer member of an insurance group,
 2322  of which the office is the lead state regulator, as determined
 2323  by the procedures in the most recent National Association of
 2324  Insurance Commissioners Financial Analysis Handbook, shall
 2325  submit a corporate governance annual disclosure to the office by
 2326  June 1 of each calendar year. The initial corporate governance
 2327  annual disclosure must be submitted by December 31, 2018.
 2328         b. An insurer or insurance group not required to submit a
 2329  corporate governance annual disclosure under sub-subparagraph a.
 2330  shall do so at the request of the office, but not more than once
 2331  per calendar year. The insurer or insurance group shall notify
 2332  the office of the proposed submission date within 30 days after
 2333  the request of the office.
 2334         c. Before December 31, 2018, the office may require an
 2335  insurer or insurance group to provide a corporate governance
 2336  annual disclosure:
 2337         (I) Based on unique circumstances, including, but not
 2338  limited to, the type and volume of business written, the
 2339  ownership and organizational structure, federal agency requests,
 2340  and international supervisor requests;
 2341         (II) If the insurer has risk-based capital for a company
 2342  action level event pursuant to s. 624.4085(3), meets one or more
 2343  of the standards of an insurer deemed to be in hazardous
 2344  financial condition under s. 624.805, or exhibits qualities of
 2345  an insurer in hazardous financial condition as determined by the
 2346  office;
 2347         (III) If the insurer is the member of an insurer group of
 2348  which the office acts as the lead state regulator as determined
 2349  by the procedures in the most recent National Association of
 2350  Insurance Commissioners Financial Analysis Handbook; or
 2351         (IV) If the office determines that it is in the best
 2352  interest of the state.
 2353         2. The chief executive officer or corporate secretary of
 2354  the insurer or the insurance group must sign the corporate
 2355  governance annual disclosure attesting that, to the best of his
 2356  or her knowledge and belief, the insurer has implemented the
 2357  corporate governance practices and provided a copy of the
 2358  disclosure to the board of directors or the appropriate board
 2359  committee.
 2360         3.a. Depending on the structure of its system of corporate
 2361  governance, the insurer or insurance group may provide corporate
 2362  governance information at one of the following levels:
 2363         (I) The ultimate controlling parent level;
 2364         (II) An intermediate holding company level; or
 2365         (III) The individual legal entity level.
 2366         b. The insurer or insurance group may make the corporate
 2367  governance annual disclosure at:
 2368         (I) The level used to determine the risk appetite of the
 2369  insurer or insurance group;
 2370         (II) The level at which the earnings, capital, liquidity,
 2371  operations, and reputation of the insurer are collectively
 2372  overseen and the supervision of those factors is coordinated and
 2373  exercised; or
 2374         (III) The level at which legal liability for failure of
 2375  general corporate governance duties would be placed.
 2376  
 2377  An insurer or insurance group must indicate the level of
 2378  reporting used and explain any subsequent changes in the
 2379  reporting level.
 2380         4. The review of the corporate governance annual disclosure
 2381  and any additional requests for information shall be made
 2382  through the lead state as determined by the procedures in the
 2383  most recent National Association of Insurance Commissioners
 2384  Financial Analysis Handbook.
 2385         5. An insurer or insurance group may comply with this
 2386  paragraph by cross-referencing other existing relevant and
 2387  applicable documents, including, but not limited to, the ORSA
 2388  summary report, Holding Company Form B or F filings, Securities
 2389  and Exchange Commission proxy statements, or foreign regulatory
 2390  reporting requirements, if the documents contain information
 2391  substantially similar to the information described in paragraph
 2392  (c). The insurer or insurance group shall clearly identify and
 2393  reference the specific location of the relevant and applicable
 2394  information within the corporate governance annual disclosure
 2395  and attach the referenced document if it has not already been
 2396  filed with, or made available to, the office.
 2397         6. Each year following the initial filing of the corporate
 2398  governance annual disclosure, the insurer or insurance group
 2399  shall file an amended version of the previously filed corporate
 2400  governance annual disclosure indicating changes that have been
 2401  made. If changes have not been made in the previously filed
 2402  disclosure, the insurer or insurance group should so indicate.
 2403         Reviser’s note.—Amended to delete obsolete language.
 2404         Section 57. Paragraphs (c) and (i) of subsection (2) of
 2405  section 692.201, Florida Statutes, are amended to read:
 2406         692.201 Definitions.—As used in this part, the term:
 2407         (2) “Critical infrastructure facility” means any of the
 2408  following, if it employs measures such as fences, barriers, or
 2409  guard posts that are designed to exclude unauthorized persons:
 2410         (c) An electrical power plant as defined in s. 403.031(4)
 2411  403.031(20).
 2412         (i) A spaceport territory as defined in s. 331.303(19)
 2413  331.303(18).
 2414         Reviser’s note.—Paragraph (2)(c) is amended to conform to the
 2415         redesignation of s. 403.031(20) as s. 403.031(4) by s. 13,
 2416         ch. 2023-169, Laws of Florida. Paragraph (2)(i) is amended
 2417         to conform to the redesignation of s. 331.303(18) as s.
 2418         331.303(19) by s. 69, ch. 2023-8, Laws of Florida.
 2419         Section 58. Subsection (1) of section 720.305, Florida
 2420  Statutes, is amended to read:
 2421         720.305 Obligations of members; remedies at law or in
 2422  equity; levy of fines and suspension of use rights.—
 2423         (1) Each member and the member’s tenants, guests, and
 2424  invitees, and each association, are governed by, and must comply
 2425  with, this chapter, the governing documents of the community,
 2426  and the rules of the association. Actions at law or in equity,
 2427  or both, to redress alleged failure or refusal to comply with
 2428  these provisions may be brought by the association or by any
 2429  member against:
 2430         (a) The association;
 2431         (b) A member;
 2432         (c) Any director or officer of an association who willfully
 2433  and knowingly fails to comply with these provisions; and
 2434         (d) Any tenants, guests, or invitees occupying a parcel or
 2435  using the common areas.
 2436  
 2437  The prevailing party in any such litigation is entitled to
 2438  recover reasonable attorney fees and costs as provided in
 2439  paragraph (2)(e). A member prevailing in an action between the
 2440  association and the member under this section, in addition to
 2441  recovering his or her reasonable attorney fees, may recover
 2442  additional amounts as determined by the court to be necessary to
 2443  reimburse the member for his or her share of assessments levied
 2444  by the association to fund its expenses of the litigation. This
 2445  relief does not exclude other remedies provided by law. This
 2446  section does not deprive any person of any other available right
 2447  or remedy.
 2448         Reviser’s note.—Amended to correct a scrivener’s error. Attorney
 2449         fees and costs are not referenced in paragraph (2)(e).
 2450         Section 59. Paragraph (c) of subsection (1) of section
 2451  744.21031, Florida Statutes, is amended to read:
 2452         744.21031 Public records exemption.—
 2453         (1) For purposes of this section, the term:
 2454         (c) “Telephone numbers” has the same meaning as provided in
 2455  s. 119.071(4)(d)1.c. 119.071(4)(d)1.b.
 2456         Reviser’s note.—Amended to correct a cross-reference. Section
 2457         119.071(4)(d)1.b. was redesignated as s. 119.071(4)(d)1.c.
 2458         by s. 1, ch. 2023-131, Laws of Florida.
 2459         Section 60. Subsections (7) and (8) of section 766.315,
 2460  Florida Statutes, are amended to read:
 2461         766.315 Florida Birth-Related Neurological Injury
 2462  Compensation Association; board of directors; notice of
 2463  meetings; report.—
 2464         (7) The association shall publish a report on its website
 2465  by January 1 of each year, 2022, and every January 1 thereafter.
 2466  The report shall include:
 2467         (a) The names and terms of each board member and executive
 2468  staff member.
 2469         (b) The amount of compensation paid to each association
 2470  employee.
 2471         (c) A summary of reimbursement disputes and resolutions.
 2472         (d) A list of expenditures for attorney fees and lobbying
 2473  fees.
 2474         (e) Other expenses to oppose each plan claim. Any personal
 2475  identifying information of the parent, legal guardian, or child
 2476  involved in the claim must be removed from this list.
 2477         (8)  By On or before November 1 of, 2021, and by each year
 2478  November 1 thereafter, the association shall submit a report to
 2479  the Governor, the President of the Senate, the Speaker of the
 2480  House of Representatives, and the Chief Financial Officer. The
 2481  report must include:
 2482         (a) The number of petitions filed for compensation with the
 2483  division, the number of claimants awarded compensation, the
 2484  number of claimants denied compensation, and the reasons for the
 2485  denial of compensation.
 2486         (b) The number and dollar amount of paid and denied
 2487  compensation for expenses by category and the reasons for any
 2488  denied compensation for expenses by category.
 2489         (c) The average turnaround time for paying or denying
 2490  compensation for expenses.
 2491         (d) Legislative recommendations to improve the program.
 2492         (e) A summary of any pending or resolved litigation during
 2493  the year which affects the plan.
 2494         (f) The amount of compensation paid to each association
 2495  employee or member of the board of directors.
 2496         (g) For the initial report due on or before November 1,
 2497  2021, an actuarial report conducted by an independent actuary
 2498  which provides an analysis of the estimated costs of
 2499  implementing the following changes to the plan:
 2500         1. Reducing the minimum birth weight eligibility for a
 2501  participant in the plan from 2,500 grams to 2,000 grams.
 2502         2. Revising the eligibility for participation in the plan
 2503  by providing that an infant must be permanently and
 2504  substantially mentally or physically impaired, rather than
 2505  permanently and substantially mentally and physically impaired.
 2506         3. Increasing the annual special benefit or quality of life
 2507  benefit from $500 to $2,500 per calendar year.
 2508         Reviser’s note.—Amended to delete obsolete language.
 2509         Section 61. Paragraph (e) of subsection (2) of section
 2510  768.38, Florida Statutes, is amended to read:
 2511         768.38 Liability protections for COVID-19-related claims.—
 2512         (2) As used in this section, the term:
 2513         (e) “Health care provider” means:
 2514         1. A provider as defined in s. 408.803.
 2515         2. A clinical laboratory providing services in this state
 2516  or services to health care providers in this state, if the
 2517  clinical laboratory is certified by the Centers for Medicare and
 2518  Medicaid Services under the federal Clinical Laboratory
 2519  Improvement Amendments and the federal rules adopted thereunder.
 2520         3. A federally qualified health center as defined in 42
 2521  U.S.C. s. 1396d(l)(2)(B), as that definition exists on the
 2522  effective date of this act.
 2523         4. Any site providing health care services which was
 2524  established for the purpose of responding to the COVID-19
 2525  pandemic pursuant to any federal or state order, declaration, or
 2526  waiver.
 2527         5. A health care practitioner as defined in s. 456.001.
 2528         6. A health care professional licensed under part IV of
 2529  chapter 468.
 2530         7. A home health aide as defined in s. 400.462(17)
 2531  400.462(15).
 2532         8. A provider licensed under chapter 394 or chapter 397 and
 2533  its clinical and nonclinical staff providing inpatient or
 2534  outpatient services.
 2535         9. A continuing care facility licensed under chapter 651.
 2536         10. A pharmacy permitted under chapter 465.
 2537         Reviser’s note.—Amended to correct a cross-reference to conform
 2538         to the redesignation of s. 400.462(15) as s. 400.462(14) by
 2539         s. 25, ch. 2021-51, Laws of Florida, and the further
 2540         redesignation of s. 400.462(14) as s. 400.462(17) by s. 1,
 2541         ch. 2023-183, Laws of Florida.
 2542         Section 62. Paragraph (f) of subsection (1) of section
 2543  768.381, Florida Statutes, is amended to read:
 2544         768.381 COVID-19-related claims against health care
 2545  providers.—
 2546         (1) DEFINITIONS.—As used in this section, the term:
 2547         (f) “Health care provider” means any of the following:
 2548         1. A provider as defined in s. 408.803.
 2549         2. A clinical laboratory providing services in this state
 2550  or services to health care providers in this state, if the
 2551  clinical laboratory is certified by the Centers for Medicare and
 2552  Medicaid Services under the federal Clinical Laboratory
 2553  Improvement Amendments and the federal rules adopted thereunder.
 2554         3. A federally qualified health center as defined in 42
 2555  U.S.C. s. 1396d(l)(2)(B), as that definition existed on the
 2556  effective date of this act.
 2557         4. Any site providing health care services which was
 2558  established for the purpose of responding to the COVID-19
 2559  pandemic pursuant to any federal or state order, declaration, or
 2560  waiver.
 2561         5. A health care practitioner as defined in s. 456.001.
 2562         6. A health care professional licensed under part IV of
 2563  chapter 468.
 2564         7. A home health aide as defined in s. 400.462(17)
 2565  400.462(15).
 2566         8. A provider licensed under chapter 394 or chapter 397 and
 2567  its clinical and nonclinical staff providing inpatient or
 2568  outpatient services.
 2569         9. A continuing care facility licensed under chapter 651.
 2570         10. A pharmacy permitted under chapter 465.
 2571         Reviser’s note.—Amended to correct a cross-reference to conform
 2572         to the redesignation of s. 400.462(15) as s. 400.462(14) by
 2573         s. 25, ch. 2021-51, Laws of Florida, and the further
 2574         redesignation of s. 400.462(14) as s. 400.462(17) by s. 1,
 2575         ch. 2023-183, Laws of Florida.
 2576         Section 63. Subsection (1) of section 790.013, Florida
 2577  Statutes, is amended to read:
 2578         790.013 Carrying of concealed weapons or concealed firearms
 2579  without a license.—A person who carries a concealed weapon or
 2580  concealed firearm without a license as authorized under s.
 2581  790.01(1)(b):
 2582         (1)(a) Must carry valid identification at all times when he
 2583  or she is in actual possession of a concealed weapon or
 2584  concealed firearm and must display such identification upon
 2585  demand by a law enforcement officer.
 2586         (b) A violation of this subsection is a noncriminal
 2587  violation punishable by a $25 fine, payable to the clerk of the
 2588  court.
 2589         Reviser’s note.—Amended to improve the structure of the section
 2590         and conform to context.
 2591         Section 64. Subsection (2) of section 810.098, Florida
 2592  Statutes, is amended to read:
 2593         810.098 Trespass for the purpose of threatening or
 2594  intimidating another person.—
 2595         (2) As used in this section, the terms “Florida College
 2596  System institution” and “state university” have the same
 2597  meanings as in s. 1000.21(5) and (9) 1000.21(3) and (6),
 2598  respectively.
 2599         Reviser’s note.—Amended to conform to the reordering of
 2600         definitions in s. 1000.21 by s. 136, ch. 2023-8, Laws of
 2601         Florida, and the further reordering of definitions in s.
 2602         1000.21 by this act.
 2603         Section 65. Subsection (3) of section 849.38, Florida
 2604  Statutes, is amended to read:
 2605         849.38 Proceedings for forfeiture; notice of seizure and
 2606  order to show cause.—
 2607         (3) The said citation may be in, or substantially in, the
 2608  following form:
 2609  
 2610  IN THE CIRCUIT COURT OF THE .... JUDICIAL CIRCUIT, IN AND FOR
 2611  .... COUNTY, FLORIDA.
 2612  IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY:
 2613                   ...(Here Describe property)...                  
 2614  THE STATE OF FLORIDA TO:
 2615  
 2616         ALL PERSONS, FIRMS AND CORPORATIONS OWNING, HAVING OR
 2617  CLAIMING AN INTEREST IN OR LIEN ON THE ABOVE DESCRIBED PROPERTY.
 2618  
 2619         YOU AND EACH OF YOU are hereby notified that the above
 2620  described property has been seized, under and by virtue of
 2621  chapter ...., Laws of Florida, and is now in the possession of
 2622  the sheriff of this county, and you, and each of you, are hereby
 2623  further notified that a petition, under said chapter, has been
 2624  filed in the Circuit Court of the .... Judicial Circuit, in and
 2625  for .... County, Florida, seeking the forfeiture of the said
 2626  property, and you are hereby directed and required to file your
 2627  claim, if any you have, and show cause, on or before ....,
 2628  ...(year)..., if not personally served with process herein, and
 2629  within 20 days from personal service if personally served with
 2630  process herein, why the said property should not be forfeited
 2631  pursuant to said chapter ...., Laws of Florida, 1955. Should you
 2632  fail to file claim as herein directed judgment will be entered
 2633  herein against you in due course. Persons not personally served
 2634  with process may obtain a copy of the petition for forfeiture
 2635  filed herein from the undersigned clerk of court.
 2636         WITNESS my hand and the seal of the above mentioned court,
 2637  at .... Florida, this ...., ...(year)....
 2638  (COURT SEAL)
 2639  ...(Clerk of the above-mentioned Court.)...
 2640  By ...(Deputy Clerk)...
 2641  
 2642         Reviser’s note.—Amended to conform to general style in forms.
 2643         Section 66. Paragraph (f) of subsection (1) of section
 2644  893.055, Florida Statutes, is reenacted to read:
 2645         893.055 Prescription drug monitoring program.—
 2646         (1) As used in this section, the term:
 2647         (f) “Electronic health recordkeeping system” means an
 2648  electronic or computer-based information system used by health
 2649  care practitioners or providers to create, collect, store,
 2650  manipulate, exchange, or make available personal health
 2651  information for the delivery of patient care.
 2652         Reviser’s note.—Paragraph (1)(f) was created by s. 1, ch. 2019
 2653         70, Laws of Florida, and s. 1, ch. 2019-127, Laws of
 2654         Florida. Section 3, ch. 2019-127, as amended by s. 25, ch.
 2655         2021-131, Laws of Florida, provided for the repeal of
 2656         paragraph (1)(f) on June 30, 2023. The paragraph is
 2657         relevant to the material added to s. 893.055 by s. 1, ch.
 2658         2019-70, concerning reciprocal agreements or contracts with
 2659         other jurisdictions, which continues in existence, as well
 2660         as the text added by s. 1, ch. 2019-127, which relates to a
 2661         unique identifier for each patient in the system and
 2662         requests for information from the prescription drug
 2663         monitoring program in litigation. Paragraph (1)(f) is
 2664         reenacted to confirm the intent to keep the language in s.
 2665         893.055.
 2666         Section 67. Paragraph (b) of subsection (1) of section
 2667  933.40, Florida Statutes, is amended to read:
 2668         933.40 Agriculture warrants.—
 2669         (1) As used in this section:
 2670         (b) “Animal pest” means any biological or chemical residue
 2671  as defined in s. 585.01(4), pathogenic organism or virulent
 2672  organism as defined in s. 585.01(15), or any transmissible,
 2673  communicable, contagious, or infectious disease as described in
 2674  s. 585.01(17) 585.01(18).
 2675         Reviser’s note.—Amended to conform to the deletion of s.
 2676         585.01(17) by this act.
 2677         Section 68. Paragraph (b) of subsection (1) of section
 2678  961.06, Florida Statutes, is amended to read:
 2679         961.06 Compensation for wrongful incarceration.—
 2680         (1) Except as otherwise provided in this act and subject to
 2681  the limitations and procedures prescribed in this section, a
 2682  person who is found to be entitled to compensation under the
 2683  provisions of this act is entitled to:
 2684         (b) A waiver of tuition and fees for up to 120 hours of
 2685  instruction at any career center established under s. 1001.44,
 2686  any Florida College System institution as defined in s.
 2687  1000.21(5), or any state university as defined in s. 1000.21(9)
 2688  1000.21(8), if the wrongfully incarcerated person meets and
 2689  maintains the regular admission requirements of such career
 2690  center, Florida College System institution, or state university;
 2691  remains registered at such educational institution; and makes
 2692  satisfactory academic progress as defined by the educational
 2693  institution in which the claimant is enrolled;
 2694  
 2695  The total compensation awarded under paragraphs (a), (c), and
 2696  (d) may not exceed $2 million. No further award for attorney’s
 2697  fees, lobbying fees, costs, or other similar expenses shall be
 2698  made by the state.
 2699         Reviser’s note.—Amended to conform to the reordering of
 2700         definitions in s. 1000.21 by this act.
 2701         Section 69. Subsections (7), (8), and (9) of section
 2702  1000.21, Florida Statutes, are reordered and amended to read:
 2703         1000.21 Systemwide definitions.—As used in the Florida
 2704  Early Learning-20 Education Code:
 2705         (8)(7) “State academic standards” means the state’s public
 2706  K-12 curricular standards adopted under s. 1003.41.
 2707         (9)(8) “State university,” except as otherwise specifically
 2708  provided, includes the following institutions and any branch
 2709  campuses, centers, or other affiliates of the institution:
 2710         (a) The University of Florida.
 2711         (b) The Florida State University.
 2712         (c) The Florida Agricultural and Mechanical University.
 2713         (d) The University of South Florida.
 2714         (e) The Florida Atlantic University.
 2715         (f) The University of West Florida.
 2716         (g) The University of Central Florida.
 2717         (h) The University of North Florida.
 2718         (i) The Florida International University.
 2719         (j) The Florida Gulf Coast University.
 2720         (k) New College of Florida.
 2721         (l) The Florida Polytechnic University.
 2722         (7)(9) “Sex” means the classification of a person as either
 2723  female or male based on the organization of the body of such
 2724  person for a specific reproductive role, as indicated by the
 2725  person’s sex chromosomes, naturally occurring sex hormones, and
 2726  internal and external genitalia present at birth.
 2727         Reviser’s note.—Amended to place the definitions of the section
 2728         in alphabetical order.
 2729         Section 70. Paragraph (c) of subsection (8) of section
 2730  1001.42, Florida Statutes, is amended to read:
 2731         1001.42 Powers and duties of district school board.—The
 2732  district school board, acting as a board, shall exercise all
 2733  powers and perform all duties listed below:
 2734         (8) STUDENT WELFARE.—
 2735         (c)1. In accordance with the rights of parents enumerated
 2736  in ss. 1002.20 and 1014.04, adopt procedures for notifying a
 2737  student’s parent if there is a change in the student’s services
 2738  or monitoring related to the student’s mental, emotional, or
 2739  physical health or well-being and the school’s ability to
 2740  provide a safe and supportive learning environment for the
 2741  student. The procedures must reinforce the fundamental right of
 2742  parents to make decisions regarding the upbringing and control
 2743  of their children by requiring school district personnel to
 2744  encourage a student to discuss issues relating to his or her
 2745  well-being with his or her parent or to facilitate discussion of
 2746  the issue with the parent. The procedures may not prohibit
 2747  parents from accessing any of their student’s education and
 2748  health records created, maintained, or used by the school
 2749  district, as required by s. 1002.22(2).
 2750         2. A school district may not adopt procedures or student
 2751  support forms that prohibit school district personnel from
 2752  notifying a parent about his or her student’s mental, emotional,
 2753  or physical health or well-being, or a change in related
 2754  services or monitoring, or that encourage or have the effect of
 2755  encouraging a student to withhold from a parent such
 2756  information. School district personnel may not discourage or
 2757  prohibit parental notification of and involvement in critical
 2758  decisions affecting a student’s mental, emotional, or physical
 2759  health or well-being. This subparagraph does not prohibit a
 2760  school district from adopting procedures that permit school
 2761  personnel to withhold such information from a parent if a
 2762  reasonably prudent person would believe that disclosure would
 2763  result in abuse, abandonment, or neglect, as those terms are
 2764  defined in s. 39.01.
 2765         3. Classroom instruction by school personnel or third
 2766  parties on sexual orientation or gender identity may not occur
 2767  in prekindergarten through grade 8, except when required by ss.
 2768  1003.42(2)(o)3. 1003.42(2)(n)3. and 1003.46. If such instruction
 2769  is provided in grades 9 through 12, the instruction must be age
 2770  appropriate or developmentally appropriate for students in
 2771  accordance with state standards. This subparagraph applies to
 2772  charter schools.
 2773         4. Student support services training developed or provided
 2774  by a school district to school district personnel must adhere to
 2775  student services guidelines, standards, and frameworks
 2776  established by the Department of Education.
 2777         5. At the beginning of the school year, each school
 2778  district shall notify parents of each health care service
 2779  offered at their student’s school and the option to withhold
 2780  consent or decline any specific service in accordance with s.
 2781  1014.06. Parental consent to a health care service does not
 2782  waive the parent’s right to access his or her student’s
 2783  educational or health records or to be notified about a change
 2784  in his or her student’s services or monitoring as provided by
 2785  this paragraph.
 2786         6. Before administering a student well-being questionnaire
 2787  or health screening form to a student in kindergarten through
 2788  grade 3, the school district must provide the questionnaire or
 2789  health screening form to the parent and obtain the permission of
 2790  the parent.
 2791         7. Each school district shall adopt procedures for a parent
 2792  to notify the principal, or his or her designee, regarding
 2793  concerns under this paragraph at his or her student’s school and
 2794  the process for resolving those concerns within 7 calendar days
 2795  after notification by the parent.
 2796         a. At a minimum, the procedures must require that within 30
 2797  days after notification by the parent that the concern remains
 2798  unresolved, the school district must either resolve the concern
 2799  or provide a statement of the reasons for not resolving the
 2800  concern.
 2801         b. If a concern is not resolved by the school district, a
 2802  parent may:
 2803         (I) Request the Commissioner of Education to appoint a
 2804  special magistrate who is a member of The Florida Bar in good
 2805  standing and who has at least 5 years’ experience in
 2806  administrative law. The special magistrate shall determine facts
 2807  relating to the dispute over the school district procedure or
 2808  practice, consider information provided by the school district,
 2809  and render a recommended decision for resolution to the State
 2810  Board of Education within 30 days after receipt of the request
 2811  by the parent. The State Board of Education must approve or
 2812  reject the recommended decision at its next regularly scheduled
 2813  meeting that is more than 7 calendar days and no more than 30
 2814  days after the date the recommended decision is transmitted. The
 2815  costs of the special magistrate shall be borne by the school
 2816  district. The State Board of Education shall adopt rules,
 2817  including forms, necessary to implement this subparagraph.
 2818         (II) Bring an action against the school district to obtain
 2819  a declaratory judgment that the school district procedure or
 2820  practice violates this paragraph and seek injunctive relief. A
 2821  court may award damages and shall award reasonable attorney fees
 2822  and court costs to a parent who receives declaratory or
 2823  injunctive relief.
 2824         c. Each school district shall adopt and post on its website
 2825  policies to notify parents of the procedures required under this
 2826  subparagraph.
 2827         d. Nothing contained in this subparagraph shall be
 2828  construed to abridge or alter rights of action or remedies in
 2829  equity already existing under the common law or general law.
 2830         Reviser’s note.—Amended to conform to the redesignation of
 2831         paragraphs in s. 1003.42(2) by s. 6, ch. 2023-39, Laws of
 2832         Florida.
 2833         Section 71. Subsection (2) of section 1002.01, Florida
 2834  Statutes, is amended to read:
 2835         1002.01 Definitions.—
 2836         (2) A “personalized education program” means the
 2837  sequentially progressive instruction of a student directed by
 2838  his or her parent to satisfy the attendance requirements of ss.
 2839  1003.01(16) 1003.01(13) and 1003.21(1) while registered with an
 2840  eligible nonprofit scholarship-funding organization pursuant to
 2841  s. 1002.395. A personalized education student shall be provided
 2842  the same flexibility and opportunities as provided in s.
 2843  1002.41(3)-(12).
 2844         Reviser’s note.—Amended to confirm an editorial substitution to
 2845         conform to the redesignation of subsections in s. 1003.01
 2846         by s. 148, ch. 2023-8, Laws of Florida.
 2847         Section 72. Paragraph (a) of subsection (6) of section
 2848  1002.20, Florida Statutes, is amended to read:
 2849         1002.20 K-12 student and parent rights.—Parents of public
 2850  school students must receive accurate and timely information
 2851  regarding their child’s academic progress and must be informed
 2852  of ways they can help their child to succeed in school. K-12
 2853  students and their parents are afforded numerous statutory
 2854  rights including, but not limited to, the following:
 2855         (6) EDUCATIONAL CHOICE.—
 2856         (a) Public educational school choices.—Parents of public
 2857  school students may seek any public educational school choice
 2858  options that are applicable and available to students throughout
 2859  the state. These options may include controlled open enrollment,
 2860  single-gender programs, lab schools, virtual instruction
 2861  programs, charter schools, charter technical career centers,
 2862  magnet schools, alternative schools, special programs, auditory
 2863  oral education programs, advanced placement, dual enrollment,
 2864  International Baccalaureate, International General Certificate
 2865  of Secondary Education (pre-AICE), CAPE digital tools, CAPE
 2866  industry certifications, early college programs, Advanced
 2867  International Certificate of Education, early admissions, credit
 2868  by examination or demonstration of competency, the New World
 2869  School of the Arts, the Florida School for the Deaf and the
 2870  Blind, and the Florida Virtual School. These options may also
 2871  include the public educational choice option options of the
 2872  Opportunity Scholarship Program and the McKay Scholarships for
 2873  Students with Disabilities Program.
 2874         Reviser’s note.—Amended to conform to the repeal of s. 1002.39,
 2875         which established the John M. McKay Scholarships for
 2876         Students with Disabilities Program, by s. 9, ch. 2023-9,
 2877         Laws of Florida.
 2878         Section 73. Paragraph (e) of subsection (3) and paragraph
 2879  (b) of subsection (8) of section 1002.351, Florida Statutes, are
 2880  amended to read:
 2881         1002.351 The Florida School for Competitive Academics.—
 2882         (3) BOARD OF TRUSTEES.—
 2883         (e) The board of trustees has the full power and authority
 2884  to:
 2885         1. Adopt rules pursuant to ss. 120.536(1) and 120.54 to
 2886  implement provisions of law relating to operation of the Florida
 2887  School for Competitive Academics. Such rules must be submitted
 2888  to the State Board of Education for approval or disapproval.
 2889  After a rule is approved by the State Board of Education, the
 2890  rule must be filed immediately with the Department of State. The
 2891  board of trustees shall act at all times in conjunction with the
 2892  rules of the State Board of Education.
 2893         2. Appoint a principal, administrators, teachers, and other
 2894  employees.
 2895         3. Remove principals, administrators, teachers, and other
 2896  employees at the board’s discretion.
 2897         4. Determine eligibility of students and procedures for
 2898  admission.
 2899         5. Provide for the proper keeping of accounts and records
 2900  and for budgeting of funds.
 2901         6. Receive gifts, donations, and bequests of money or
 2902  property, real or personal, tangible or intangible, from any
 2903  person, firm, corporation, or other legal entity for the use and
 2904  benefit of the school.
 2905         7. Recommend to the Legislature that for the school to
 2906  become a residential public school.
 2907         8. Do and perform every other matter or thing requisite to
 2908  the proper management, maintenance, support, and control of the
 2909  school at the highest efficiency economically possible.
 2910         (8) EXEMPTION FROM STATUTES.—
 2911         (b) Additionally, the Florida School for Competitive
 2912  Academics shall be in compliance with the following statutes:
 2913         1. Section 286.011, relating to public meetings and
 2914  records, public inspection, and criminal and civil penalties.
 2915         2. Chapter 119, relating to public records.
 2916         3. Section 1006.12, relating to safe-school officers.
 2917         4. Section 1006.07(7), relating to threat management
 2918  assessment teams.
 2919         5. Section 1006.07(9), relating to school environmental
 2920  safety incident reporting.
 2921         6. Section 1006.07(10), relating to reporting of
 2922  involuntary examinations.
 2923         7. Section 1006.1493, relating to the Florida Safe Schools
 2924  Assessment Tool.
 2925         8. Section 1006.07(6)(d), relating to adopting active
 2926  assailant response plans.
 2927         9. Section 943.082(4)(b), relating to the mobile suspicious
 2928  activity reporting tool.
 2929         10. Section 1012.584, relating to youth mental health
 2930  awareness and assistance training.
 2931         11. Section 1003.4282, relating to requirements for a
 2932  standard high school diploma.
 2933         12. Section 1003.03(1), relating to class size maximums.
 2934         13.a. Section 1011.61, relating to instructional hours
 2935  requirements.
 2936         b. Notwithstanding sub-subparagraph a., the school may
 2937  provide instruction that exceeds the minimum time requirements
 2938  for the purposes of offering a summer program.
 2939         Reviser’s note.—Paragraph (3)(e) is amended to improve clarity.
 2940         Paragraph (8)(b) is amended to confirm an editorial
 2941         substitution to conform to s. 23, ch. 2023-18, Laws of
 2942         Florida, which amended s. 1006.07(7) to change the term
 2943         “threat assessment team” to the term “threat management
 2944         team.”
 2945         Section 74. Paragraph (a) of subsection (4) and paragraph
 2946  (a) of subsection (12) of section 1002.394, Florida Statutes,
 2947  are amended to read:
 2948         1002.394 The Family Empowerment Scholarship Program.—
 2949         (4) AUTHORIZED USES OF PROGRAM FUNDS.—
 2950         (a) Program funds awarded to a student determined eligible
 2951  pursuant to paragraph (3)(a) may be used for:
 2952         1. Tuition and fees at an eligible private school.
 2953         2. Transportation to a Florida public school in which a
 2954  student is enrolled and that is different from the school to
 2955  which the student was assigned or to a lab school as defined in
 2956  s. 1002.32.
 2957         3. Instructional materials, including digital materials and
 2958  Internet resources.
 2959         4. Curriculum as defined in subsection (2).
 2960         5. Tuition and fees associated with full-time or part-time
 2961  enrollment in an eligible postsecondary educational institution
 2962  or a program offered by the postsecondary educational
 2963  institution, unless the program is subject to s. 1009.25 or
 2964  reimbursed pursuant to s. 1009.30; an approved preapprenticeship
 2965  program as defined in s. 446.021(5) which is not subject to s.
 2966  1009.25 and complies with all applicable requirements of the
 2967  department pursuant to chapter 1005; a private tutoring program
 2968  authorized under s. 1002.43; a virtual program offered by a
 2969  department-approved private online provider that meets the
 2970  provider qualifications specified in s. 1002.45(2)(a); the
 2971  Florida Virtual School as a private paying student; or an
 2972  approved online course offered pursuant to s. 1003.499 or s.
 2973  1004.0961.
 2974         6. Fees for nationally standardized, norm-referenced
 2975  achievement tests, Advanced Placement Examinations, industry
 2976  certification examinations, assessments related to postsecondary
 2977  education, or other assessments.
 2978         7. Contracted services provided by a public school or
 2979  school district, including classes. A student who receives
 2980  contracted services under this subparagraph is not considered
 2981  enrolled in a public school for eligibility purposes as
 2982  specified in subsection (6) but rather attending a public school
 2983  on a part-time basis as authorized under s. 1002.44.
 2984         8. Tuition and fees for part-time tutoring services or fees
 2985  for services provided by a choice navigator. Such services must
 2986  be provided by a person who holds a valid Florida educator’s
 2987  certificate pursuant to s. 1012.56, a person who holds an
 2988  adjunct teaching certificate pursuant to s. 1012.57, a person
 2989  who has a bachelor’s degree or a graduate degree in the subject
 2990  area in which instruction is given, a person who has
 2991  demonstrated a mastery of subject area knowledge pursuant to s.
 2992  1012.56(5), or a person certified by a nationally or
 2993  internationally recognized research-based training program as
 2994  approved by the department. As used in this subparagraph, the
 2995  term “part-time tutoring services” does not qualify as regular
 2996  school attendance as defined in s. 1003.01(16)(e)
 2997  1003.01(13)(e).
 2998         (12) SCHOLARSHIP FUNDING AND PAYMENT.—
 2999         (a)1. Scholarships for students determined eligible
 3000  pursuant to paragraph (3)(a) may be funded once all scholarships
 3001  have been funded in accordance with s. 1002.395(6)(l)2. The
 3002  calculated scholarship amount for a participating student
 3003  determined eligible pursuant to paragraph (3)(a) shall be based
 3004  upon the grade level and school district in which the student
 3005  was assigned as 100 percent of the funds per unweighted full
 3006  time equivalent in the Florida Education Finance Program for a
 3007  student in the basic program established pursuant to s.
 3008  1011.62(1)(c)1., plus a per-full-time equivalent share of funds
 3009  for the categorical programs established in s. 1011.62(5),
 3010  (7)(a), and (16), as funded in the General Appropriations Act.
 3011         2. A scholarship of $750 or an amount equal to the school
 3012  district expenditure per student riding a school bus, as
 3013  determined by the department, whichever is greater, may be
 3014  awarded to an eligible student who is enrolled in a Florida
 3015  public school that is different from the school to which the
 3016  student was assigned or in a lab school as defined in s. 1002.32
 3017  if the school district does not provide the student with
 3018  transportation to the school.
 3019         3. The organization must provide the department with the
 3020  documentation necessary to verify the student’s participation.
 3021  Upon receiving the documentation, the department shall transfer,
 3022  beginning August 1, from state funds only, the amount calculated
 3023  pursuant to subparagraph 1. subparagraph 2. to the organization
 3024  for quarterly disbursement to parents of participating students
 3025  each school year in which the scholarship is in force. For a
 3026  student exiting a Department of Juvenile Justice commitment
 3027  program who chooses to participate in the scholarship program,
 3028  the amount of the Family Empowerment Scholarship calculated
 3029  pursuant to subparagraph 1. subparagraph 2. must be transferred
 3030  from the school district in which the student last attended a
 3031  public school before commitment to the Department of Juvenile
 3032  Justice. When a student enters the scholarship program, the
 3033  organization must receive all documentation required for the
 3034  student’s participation, including the private school’s and the
 3035  student’s fee schedules, at least 30 days before the first
 3036  quarterly scholarship payment is made for the student.
 3037         4. The initial payment shall be made after the
 3038  organization’s verification of admission acceptance, and
 3039  subsequent payments shall be made upon verification of continued
 3040  enrollment and attendance at the private school. Payment must be
 3041  by funds transfer or any other means of payment that the
 3042  department deems to be commercially viable or cost-effective. An
 3043  organization shall ensure that the parent has approved a funds
 3044  transfer before any scholarship funds are deposited.
 3045         5. An organization may not transfer any funds to an account
 3046  of a student determined eligible pursuant to paragraph (3)(a)
 3047  which has a balance in excess of $24,000.
 3048         Reviser’s note.—Paragraph (4)(a) is amended to confirm an
 3049         editorial substitution to conform to the redesignation of
 3050         subsections in s. 1003.01 by s. 148, ch. 2023-8, Laws of
 3051         Florida. Paragraph (12)(a) is amended to correct a cross
 3052         reference. The amendment by s. 5, ch. 2023-16, Laws of
 3053         Florida, redesignated subparagraphs within paragraph (a)
 3054         but did not revise references to subparagraph 2. The
 3055         material found in subparagraph 2., as that reference
 3056         existed prior to the amendment by s. 5, ch. 2023-16, is now
 3057         contained in subparagraph 1.
 3058         Section 75. Paragraphs (d) and (e) of subsection (6) of
 3059  section 1002.395, Florida Statutes, are amended to read:
 3060         1002.395 Florida Tax Credit Scholarship Program.—
 3061         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
 3062  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
 3063  organization:
 3064         (d)1. For the 2023-2024 school year, may fund no more than
 3065  20,000 scholarships for students who are enrolled pursuant to
 3066  paragraph (7)(b). The number of scholarships funded for such
 3067  students may increase by 40,000 in each subsequent school year.
 3068  This subparagraph is repealed July 1, 2027.
 3069         2. Must establish and maintain separate empowerment
 3070  accounts from eligible contributions for each eligible student.
 3071  For each account, the organization must maintain a record of
 3072  accrued interest retained in the student’s account. The
 3073  organization must verify that scholarship funds are used for:
 3074         a. Tuition and fees for full-time or part-time enrollment
 3075  in an eligible private school.
 3076         b. Transportation to a Florida public school in which a
 3077  student is enrolled and that is different from the school to
 3078  which the student was assigned or to a lab school as defined in
 3079  s. 1002.32.
 3080         c. Instructional materials, including digital materials and
 3081  Internet resources.
 3082         d. Curriculum as defined in s. 1002.394(2).
 3083         e. Tuition and fees associated with full-time or part-time
 3084  enrollment in a home education instructional program; an
 3085  eligible postsecondary educational institution or a program
 3086  offered by the postsecondary educational institution, unless the
 3087  program is subject to s. 1009.25 or reimbursed pursuant to s.
 3088  1009.30; an approved preapprenticeship program as defined in s.
 3089  446.021(5) which is not subject to s. 1009.25 and complies with
 3090  all applicable requirements of the Department of Education
 3091  pursuant to chapter 1005; a private tutoring program authorized
 3092  under s. 1002.43; a virtual program offered by a department
 3093  approved private online provider that meets the provider
 3094  qualifications specified in s. 1002.45(2)(a); the Florida
 3095  Virtual School as a private paying student; or an approved
 3096  online course offered pursuant to s. 1003.499 or s. 1004.0961.
 3097         f. Fees for nationally standardized, norm-referenced
 3098  achievement tests, Advanced Placement Examinations, industry
 3099  certification examinations, assessments related to postsecondary
 3100  education, or other assessments.
 3101         g. Contracted services provided by a public school or
 3102  school district, including classes. A student who receives
 3103  contracted services under this sub-subparagraph is not
 3104  considered enrolled in a public school for eligibility purposes
 3105  as specified in subsection (11) but rather attending a public
 3106  school on a part-time basis as authorized under s. 1002.44.
 3107         h. Tuition and fees for part-time tutoring services or fees
 3108  for services provided by a choice navigator. Such services must
 3109  be provided by a person who holds a valid Florida educator’s
 3110  certificate pursuant to s. 1012.56, a person who holds an
 3111  adjunct teaching certificate pursuant to s. 1012.57, a person
 3112  who has a bachelor’s degree or a graduate degree in the subject
 3113  area in which instruction is given, a person who has
 3114  demonstrated a mastery of subject area knowledge pursuant to s.
 3115  1012.56(5), or a person certified by a nationally or
 3116  internationally recognized research-based training program as
 3117  approved by the Department of Education. As used in this
 3118  paragraph, the term “part-time tutoring services” does not
 3119  qualify as regular school attendance as defined in s.
 3120  1003.01(16)(e) 1003.01(13)(e).
 3121         (e) For students determined eligible pursuant to paragraph
 3122  (7)(b), must:
 3123         1. Maintain a signed agreement from the parent which
 3124  constitutes compliance with the attendance requirements under
 3125  ss. 1003.01(16) 1003.01(13) and 1003.21(1).
 3126         2. Receive eligible student test scores and, beginning with
 3127  the 2027-2028 school year, by August 15, annually report test
 3128  scores for students pursuant to paragraph (7)(b) to a state
 3129  university pursuant to paragraph (9)(f).
 3130         3. Provide parents with information, guidance, and support
 3131  to create and annually update a student learning plan for their
 3132  student. The organization must maintain the plan and allow
 3133  parents to electronically submit, access, and revise the plan
 3134  continuously.
 3135         4. Upon submission by the parent of an annual student
 3136  learning plan, fund a scholarship for a student determined
 3137  eligible.
 3138  
 3139  Information and documentation provided to the Department of
 3140  Education and the Auditor General relating to the identity of a
 3141  taxpayer that provides an eligible contribution under this
 3142  section shall remain confidential at all times in accordance
 3143  with s. 213.053.
 3144         Reviser’s note.—Amended to confirm editorial substitutions to
 3145         conform to the redesignation of subsections in s. 1003.01
 3146         by s. 148, ch. 2023-8, Laws of Florida.
 3147         Section 76. Subsections (1) and (3) of section 1002.44,
 3148  Florida Statutes, are amended to read:
 3149         1002.44 Part-time public school enrollment.—
 3150         (1) Any public school in this state, including a charter
 3151  school, may enroll a student who meets the regular school
 3152  attendance criteria in s. 1003.01(16)(b)-(f) 1003.01(13)(b)-(f)
 3153  on a part-time basis, subject to space and availability
 3154  according to the school’s capacity determined pursuant to s.
 3155  1002.31(2)(b).
 3156         (3) A student attending a public school on a part-time
 3157  basis pursuant to this section is not considered to be in
 3158  regular attendance at a public school as defined in s.
 3159  1003.01(16)(a) 1003.01(13)(a).
 3160         Reviser’s note.—Amended to confirm editorial substitutions to
 3161         conform to the redesignation of subsections in s. 1003.01
 3162         by s. 148, ch. 2023-8, Laws of Florida.
 3163         Section 77. Paragraphs (o), (p), and (q) of subsection (2)
 3164  of section 1002.82, Florida Statutes, are amended to read:
 3165         1002.82 Department of Education; powers and duties.—
 3166         (2) The department shall:
 3167         (o) No later than July 1, 2019, Develop a differential
 3168  payment program based on the quality measures adopted by the
 3169  department under paragraph (n). The differential payment may not
 3170  exceed a total of 15 percent for each care level and unit of
 3171  child care for a child care provider. No more than 5 percent of
 3172  the 15 percent total differential may be provided to providers
 3173  who submit valid and reliable data to the statewide information
 3174  system in the domains of language and executive functioning
 3175  using a child assessment identified pursuant to paragraph (k).
 3176  Providers below the minimum program assessment score adopted for
 3177  contracting purposes are ineligible for such payment.
 3178         (p) No later than July 1, 2022, Develop and adopt
 3179  requirements for the implementation of a program designed to
 3180  make available contracted slots to serve children at the
 3181  greatest risk of school failure as determined by such children
 3182  being located in an area that has been designated as a poverty
 3183  area tract according to the latest census data. The contracted
 3184  slot program may also be used to increase the availability of
 3185  child care capacity based on the assessment under s.
 3186  1002.85(2)(i).
 3187         (q) Establish a single statewide information system that
 3188  each coalition must use for the purposes of managing the single
 3189  point of entry, tracking children’s progress, coordinating
 3190  services among stakeholders, determining eligibility of
 3191  children, tracking child attendance, and streamlining
 3192  administrative processes for providers and early learning
 3193  coalitions. By July 1, 2019, The system, subject to ss. 1002.72
 3194  and 1002.97, shall:
 3195         1. Allow a parent to find early learning programs online,
 3196  including the performance profile under s. 1002.92(3)(a) which
 3197  must be integrated into the online portal under s. 1001.10(10).
 3198         2. Allow a parent to monitor the development of his or her
 3199  child as the child moves among programs within the state.
 3200         3. Enable analysis at the state, regional, and local level
 3201  to measure child growth over time, program impact, and quality
 3202  improvement and investment decisions.
 3203         Reviser’s note.—Amended to delete obsolete language.
 3204         Section 78. Paragraph (i) of subsection (1) of section
 3205  1003.02, Florida Statutes, is amended to read:
 3206         1003.02 District school board operation and control of
 3207  public K-12 education within the school district.—As provided in
 3208  part II of chapter 1001, district school boards are
 3209  constitutionally and statutorily charged with the operation and
 3210  control of public K-12 education within their school districts.
 3211  The district school boards must establish, organize, and operate
 3212  their public K-12 schools and educational programs, employees,
 3213  and facilities. Their responsibilities include staff
 3214  development, public K-12 school student education including
 3215  education for exceptional students and students in juvenile
 3216  justice programs, special programs, adult education programs,
 3217  and career education programs. Additionally, district school
 3218  boards must:
 3219         (1) Provide for the proper accounting for all students of
 3220  school age, for the attendance and control of students at
 3221  school, and for proper attention to health, safety, and other
 3222  matters relating to the welfare of students in the following
 3223  areas:
 3224         (i) Notification of acceleration, academic, and career
 3225  planning options.—At the beginning of each school year, notify
 3226  students in or entering high school and the students’ parents,
 3227  in a language that is understandable to students and parents, of
 3228  the opportunity and benefits of advanced placement,
 3229  International Baccalaureate, Advanced International Certificate
 3230  of Education, and dual enrollment courses; career and
 3231  professional academies; career-themed courses; the career and
 3232  technical education pathway to earn a standard high school
 3233  diploma under s. 1003.4282(10); work-based learning
 3234  opportunities, including internships and apprenticeship and
 3235  preapprenticeship programs; foundational and soft-skill
 3236  credentialing programs under s. 445.06; Florida Virtual School
 3237  courses; and options for early graduation under s. 1003.4281,
 3238  and provide those students and parents with guidance on
 3239  accessing and using Florida’s online career planning and work
 3240  based learning coordination system and the contact information
 3241  of a certified school counselor who can advise students and
 3242  parents on those options.
 3243         Reviser’s note.—Amended to confirm an editorial reinsertion to
 3244         improve clarity and facilitate correct interpretation.
 3245         Section 79. Paragraph (a) of subsection (2) of section
 3246  1003.4201, Florida Statutes, is amended to read:
 3247         1003.4201 Comprehensive system of reading instruction.—Each
 3248  school district must implement a system of comprehensive reading
 3249  instruction for students enrolled in prekindergarten through
 3250  grade 12 and certain students who exhibit a substantial
 3251  deficiency in early literacy.
 3252         (2)(a) Components of the reading instruction plan may
 3253  include the following:
 3254         1. Additional time per day of evidence-based intensive
 3255  reading instruction for kindergarten through grade 12 students,
 3256  which may be delivered during or outside of the regular school
 3257  day.
 3258         2. Highly qualified reading coaches, who must be endorsed
 3259  in reading, to specifically support classroom teachers in making
 3260  instructional decisions based on progress monitoring data
 3261  collected pursuant to s. 1008.25(9) 1008.25(8) and improve
 3262  classroom teacher delivery of effective reading instruction,
 3263  reading intervention, and reading in the content areas based on
 3264  student need.
 3265         3. Professional development to help instructional personnel
 3266  and certified prekindergarten teachers funded in the Florida
 3267  Education Finance Program earn a certification, a credential, an
 3268  endorsement, or an advanced degree in scientifically researched
 3269  and evidence-based reading instruction.
 3270         4. Summer reading camps, using only classroom teachers or
 3271  other district personnel who possess a micro-credential as
 3272  specified in s. 1003.485 or are certified or endorsed in reading
 3273  consistent with s. 1008.25(8)(b)3. 1008.25(7)(b)3., for all
 3274  students in kindergarten through grade 5 exhibiting a reading
 3275  deficiency as determined by district and state assessments.
 3276         5. Incentives for instructional personnel and certified
 3277  prekindergarten teachers funded in the Florida Education Finance
 3278  Program who possess a reading certification or endorsement or
 3279  micro-credential as specified in s. 1003.485 and provide
 3280  educational support to improve student literacy.
 3281         6. Tutoring in reading.
 3282         Reviser’s note.—Amended to correct cross-references to conform
 3283         to the redesignation of subsections in s. 1008.25 by s. 15,
 3284         ch. 2023-108, Laws of Florida.
 3285         Section 80. Paragraph (a) of subsection (2) of section
 3286  1003.46, Florida Statutes, is amended to read:
 3287         1003.46 Health education; instruction in acquired immune
 3288  deficiency syndrome.—
 3289         (2) Throughout instruction in acquired immune deficiency
 3290  syndrome, sexually transmitted diseases, or health education,
 3291  when such instruction and course material contains instruction
 3292  in human sexuality, a school shall:
 3293         (a) Classify males and females as provided in s. 1000.21(7)
 3294  1000.21(9) and teach that biological males impregnate biological
 3295  females by fertilizing the female egg with male sperm; that the
 3296  female then gestates the offspring; and that these reproductive
 3297  roles are binary, stable, and unchangeable.
 3298  
 3299  The Department of Education must approve any materials used for
 3300  instruction under this subsection.
 3301         Reviser’s note.—Amended to conform to the reordering of
 3302         definitions in s. 1000.21 by this act.
 3303         Section 81. Paragraphs (a) and (b) of subsection (9) and
 3304  subsection (10) of section 1004.615, Florida Statutes, are
 3305  amended to read:
 3306         1004.615 Florida Institute for Child Welfare.—
 3307         (9) By October 1 of each year, the institute shall provide
 3308  a written report to the Governor, the President of the Senate,
 3309  and the Speaker of the House of Representatives which outlines
 3310  its activities in the preceding year, reports significant
 3311  research findings, as well as results of other programs, and
 3312  provides specific recommendations for improving child protection
 3313  and child welfare services.
 3314         (a) The institute shall include an evaluation of the
 3315  results of the educational and training requirements for child
 3316  protection and child welfare personnel established under this
 3317  act in its report due October 1, 2017.
 3318         (b) The institute shall include an evaluation of the
 3319  effects of the other provisions of this act and recommendations
 3320  for improvements in child protection and child welfare services
 3321  in its report due October 1, 2018.
 3322         (10) The institute shall submit a report with
 3323  recommendations for improving the state’s child welfare system.
 3324  The report shall address topics including, but not limited to,
 3325  enhancing working relationships between the entities involved in
 3326  the child protection and child welfare system, identification of
 3327  and replication of best practices, reducing paperwork,
 3328  increasing the retention of child protective investigators and
 3329  case managers, and caring for medically complex children within
 3330  the child welfare system, with the goal of allowing the child to
 3331  remain in the least restrictive and most nurturing environment.
 3332  The institute shall submit an interim report by February 1,
 3333  2015, and final report by October 1, 2015, to the Governor, the
 3334  President of the Senate, and the Speaker of the House of
 3335  Representatives.
 3336         Reviser’s note.—Amended to delete obsolete language.
 3337         Section 82. Subsection (3) of section 1004.648, Florida
 3338  Statutes, is amended to read:
 3339         1004.648 Florida Energy Systems Consortium.—
 3340         (3) The consortium shall consist of the state universities
 3341  as identified under s. 1000.21(9) 1000.21(8).
 3342         Reviser’s note.—Amended to conform to the reordering of
 3343         definitions in s. 1000.21 by this act.
 3344         Section 83. Paragraph (d) of subsection (2), paragraphs (c)
 3345  and (e) of subsection (4), and paragraph (b) of subsection (7)
 3346  of section 1006.07, Florida Statutes, are amended to read:
 3347         1006.07 District school board duties relating to student
 3348  discipline and school safety.—The district school board shall
 3349  provide for the proper accounting for all students, for the
 3350  attendance and control of students at school, and for proper
 3351  attention to health, safety, and other matters relating to the
 3352  welfare of students, including:
 3353         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
 3354  conduct for elementary schools and a code of student conduct for
 3355  middle and high schools and distribute the appropriate code to
 3356  all teachers, school personnel, students, and parents, at the
 3357  beginning of every school year. Each code shall be organized and
 3358  written in language that is understandable to students and
 3359  parents and shall be discussed at the beginning of every school
 3360  year in student classes, school advisory council meetings, and
 3361  parent and teacher association or organization meetings. Each
 3362  code shall be based on the rules governing student conduct and
 3363  discipline adopted by the district school board and shall be
 3364  made available in the student handbook or similar publication.
 3365  Each code shall include, but is not limited to:
 3366         (d)1. An explanation of the responsibilities of each
 3367  student with regard to appropriate dress, respect for self and
 3368  others, and the role that appropriate dress and respect for self
 3369  and others has on an orderly learning environment. Each district
 3370  school board shall adopt a dress code policy that prohibits a
 3371  student, while on the grounds of a public school during the
 3372  regular school day, from wearing clothing that exposes underwear
 3373  or body parts in an indecent or vulgar manner or that disrupts
 3374  the orderly learning environment.
 3375         2. Any student who violates the dress code policy described
 3376  in subparagraph 1. is subject to the following disciplinary
 3377  actions:
 3378         a. For a first offense, a student shall be given a verbal
 3379  warning and the school principal shall call the student’s parent
 3380  or guardian.
 3381         b. For a second offense, the student is ineligible to
 3382  participate in any extracurricular activity for a period of time
 3383  not to exceed 5 days and the school principal shall meet with
 3384  the student’s parent or guardian.
 3385         c. For a third or subsequent offense, a student shall
 3386  receive an in-school suspension pursuant to s. 1003.01(13) for a
 3387  period not to exceed 3 days, the student is ineligible to
 3388  participate in any extracurricular activity for a period not to
 3389  exceed 30 days, and the school principal shall call the
 3390  student’s parent or guardian and send the parent or guardian a
 3391  written letter regarding the student’s in-school suspension and
 3392  ineligibility to participate in extracurricular activities.
 3393         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
 3394         (c) Beginning with the 2021-2022 school year, Each public
 3395  school, including charter schools, shall implement a mobile
 3396  panic alert system capable of connecting diverse emergency
 3397  services technologies to ensure real-time coordination between
 3398  multiple first responder agencies. Such system, known as
 3399  “Alyssa’s Alert,” must integrate with local public safety
 3400  answering point infrastructure to transmit 911 calls and mobile
 3401  activations.
 3402         (e)For the 2020-2021 fiscal year and subject to the
 3403  appropriation of funds in the General Appropriations Act for
 3404  this purpose, the department shall issue a competitive
 3405  solicitation to contract for a mobile panic alert system that
 3406  may be used by each school district. The department shall
 3407  consult with the Marjory Stoneman Douglas High School Public
 3408  Safety Commission, the Department of Law Enforcement, and the
 3409  Division of Emergency Management in the development of the
 3410  competitive solicitation for the mobile panic alert system.
 3411         (7) THREAT MANAGEMENT TEAMS.—Each district school board and
 3412  charter school governing board shall establish a threat
 3413  management team at each school whose duties include the
 3414  coordination of resources and assessment and intervention with
 3415  students whose behavior may pose a threat to the safety of the
 3416  school, school staff, or students.
 3417         (b) A threat management team shall include persons with
 3418  expertise in counseling, instruction, school administration, and
 3419  law enforcement. All members of the threat management team must
 3420  be involved in the threat assessment and threat management
 3421  process and final decisionmaking. At least one member of the
 3422  threat management team must have personal familiarity with the
 3423  individual who is the subject of the threat assessment. If no
 3424  member of the threat management team has such familiarity, a
 3425  member of the an instructional personnel or administrative
 3426  personnel, as those terms are defined in s. 1012.01(2) and (3),
 3427  who is personally familiar with the individual who is the
 3428  subject of the threat assessment must consult with the threat
 3429  management team for the purpose of assessing the threat. The
 3430  instructional or administrative personnel who provides such
 3431  consultation shall not participate in the decisionmaking
 3432  process.
 3433         Reviser’s note.—Subparagraph (2)(d)2. is amended to conform to
 3434         language in subparagraph (2)(d)1. Paragraphs (4)(c) and (e)
 3435         are amended to delete obsolete language. Paragraph (7)(b)
 3436         is amended to confirm an editorial substitution to improve
 3437         clarity.
 3438         Section 84. Paragraphs (a) and (d) of subsection (2) of
 3439  section 1006.28, Florida Statutes, are amended to read:
 3440         1006.28 Duties of district school board, district school
 3441  superintendent; and school principal regarding K-12
 3442  instructional materials.—
 3443         (2) DISTRICT SCHOOL BOARD.—The district school board has
 3444  the constitutional duty and responsibility to select and provide
 3445  adequate instructional materials for all students in accordance
 3446  with the requirements of this part. The district school board
 3447  also has the following specific duties and responsibilities:
 3448         (a) Courses of study; adoption.—Adopt courses of study,
 3449  including instructional materials, for use in the schools of the
 3450  district.
 3451         1. Each district school board is responsible for the
 3452  content of all instructional materials and any other materials
 3453  used in a classroom, made available in a school or classroom
 3454  library, or included on a reading list, whether adopted and
 3455  purchased from the state-adopted instructional materials list,
 3456  adopted and purchased through a district instructional materials
 3457  program under s. 1006.283, or otherwise purchased or made
 3458  available.
 3459         2. Each district school board must adopt a policy regarding
 3460  an objection by a parent or a resident of the county to the use
 3461  of a specific material, which clearly describes a process to
 3462  handle all objections and provides for resolution. The objection
 3463  form, as prescribed by State Board of Education rule, and the
 3464  district school board’s process must be easy to read and
 3465  understand and be easily accessible on the homepage of the
 3466  school district’s website. The objection form must also identify
 3467  the school district point of contact and contact information for
 3468  the submission of an objection. The process must provide the
 3469  parent or resident the opportunity to proffer evidence to the
 3470  district school board that:
 3471         a. An instructional material does not meet the criteria of
 3472  s. 1006.31(2) or s. 1006.40(3)(c) 1006.40(3)(d) if it was
 3473  selected for use in a course or otherwise made available to
 3474  students in the school district but was not subject to the
 3475  public notice, review, comment, and hearing procedures under s.
 3476  1006.283(2)(b)8., 9., and 11.
 3477         b. Any material used in a classroom, made available in a
 3478  school or classroom library, or included on a reading list
 3479  contains content which:
 3480         (I) Is pornographic or prohibited under s. 847.012;
 3481         (II) Depicts or describes sexual conduct as defined in s.
 3482  847.001(19), unless such material is for a course required by s.
 3483  1003.46 or, s. 1003.42(2)(o)1.g. or 3. 1003.42(2)(n)1.g., or s.
 3484  1003.42(2)(n)3., or identified by State Board of Education rule;
 3485         (III) Is not suited to student needs and their ability to
 3486  comprehend the material presented; or
 3487         (IV) Is inappropriate for the grade level and age group for
 3488  which the material is used.
 3489  
 3490  Any material that is subject to an objection on the basis of
 3491  sub-sub-subparagraph b.(I) or sub-sub-subparagraph b.(II) must
 3492  be removed within 5 school days of receipt of the objection and
 3493  remain unavailable to students of that school until the
 3494  objection is resolved. Parents shall have the right to read
 3495  passages from any material that is subject to an objection. If
 3496  the school board denies a parent the right to read passages due
 3497  to content that meets the requirements under sub-sub
 3498  subparagraph b.(I), the school district shall discontinue the
 3499  use of the material. If the district school board finds that any
 3500  material meets the requirements under sub-subparagraph a. or
 3501  that any other material contains prohibited content under sub
 3502  sub-subparagraph b.(I), the school district shall discontinue
 3503  use of the material. If the district school board finds that any
 3504  other material contains prohibited content under sub-sub
 3505  subparagraphs b.(II)-(IV), the school district shall discontinue
 3506  use of the material for any grade level or age group for which
 3507  such use is inappropriate or unsuitable.
 3508         3. Each district school board must establish a process by
 3509  which the parent of a public school student or a resident of the
 3510  county may contest the district school board’s adoption of a
 3511  specific instructional material. The parent or resident must
 3512  file a petition, on a form provided by the school board, within
 3513  30 calendar days after the adoption of the instructional
 3514  material by the school board. The school board must make the
 3515  form available to the public and publish the form on the school
 3516  district’s website. The form must be signed by the parent or
 3517  resident, include the required contact information, and state
 3518  the objection to the instructional material based on the
 3519  criteria of s. 1006.31(2) or s. 1006.40(3)(c) 1006.40(3)(d).
 3520  Within 30 days after the 30-day period has expired, the school
 3521  board must, for all petitions timely received, conduct at least
 3522  one open public hearing before an unbiased and qualified hearing
 3523  officer. The hearing officer may not be an employee or agent of
 3524  the school district. The hearing is not subject to the
 3525  provisions of chapter 120; however, the hearing must provide
 3526  sufficient procedural protections to allow each petitioner an
 3527  adequate and fair opportunity to be heard and present evidence
 3528  to the hearing officer. The school board’s decision after
 3529  convening a hearing is final and not subject to further petition
 3530  or review.
 3531         4. Meetings of committees convened for the purpose of
 3532  ranking, eliminating, or selecting instructional materials for
 3533  recommendation to the district school board must be noticed and
 3534  open to the public in accordance with s. 286.011. Any committees
 3535  convened for such purposes must include parents of students who
 3536  will have access to such materials.
 3537         5. Meetings of committees convened for the purpose of
 3538  resolving an objection by a parent or resident to specific
 3539  materials must be noticed and open to the public in accordance
 3540  with s. 286.011. Any committees convened for such purposes must
 3541  include parents of students who will have access to such
 3542  materials.
 3543         6. If a parent disagrees with the determination made by the
 3544  district school board on the objection to the use of a specific
 3545  material, a parent may request the Commissioner of Education to
 3546  appoint a special magistrate who is a member of The Florida Bar
 3547  in good standing and who has at least 5 years’ experience in
 3548  administrative law. The special magistrate shall determine facts
 3549  relating to the school district’s determination, consider
 3550  information provided by the parent and the school district, and
 3551  render a recommended decision for resolution to the State Board
 3552  of Education within 30 days after receipt of the request by the
 3553  parent. The State Board of Education must approve or reject the
 3554  recommended decision at its next regularly scheduled meeting
 3555  that is more than 7 calendar days and no more than 30 days after
 3556  the date the recommended decision is transmitted. The costs of
 3557  the special magistrate shall be borne by the school district.
 3558  The State Board of Education shall adopt rules, including forms,
 3559  necessary to implement this subparagraph.
 3560         (d) School library media services; establishment and
 3561  maintenance.—Establish and maintain a program of school library
 3562  media services for all public schools in the district, including
 3563  school library media centers, or school library media centers
 3564  open to the public, and, in addition such traveling or
 3565  circulating libraries as may be needed for the proper operation
 3566  of the district school system. Beginning January 1, 2023, school
 3567  librarians, media specialists, and other personnel involved in
 3568  the selection of school district library materials must complete
 3569  the training program developed pursuant to s. 1006.29(6) before
 3570  reviewing and selecting age-appropriate materials and library
 3571  resources. Upon written request, a school district shall provide
 3572  access to any material or book specified in the request that is
 3573  maintained in a district school system library and is available
 3574  for review.
 3575         1. Each book made available to students through a school
 3576  district library media center or included in a recommended or
 3577  assigned school or grade-level reading list must be selected by
 3578  a school district employee who holds a valid educational media
 3579  specialist certificate, regardless of whether the book is
 3580  purchased, donated, or otherwise made available to students.
 3581         2. Each district school board shall adopt procedures for
 3582  developing library media center collections and post the
 3583  procedures on the website for each school within the district.
 3584  The procedures must:
 3585         a. Require that book selections meet the criteria in s.
 3586  1006.40(3)(c) 1006.40(3)(d).
 3587         b. Require consultation of reputable, professionally
 3588  recognized reviewing periodicals and school community
 3589  stakeholders.
 3590         c. Provide for library media center collections, including
 3591  classroom libraries, based on reader interest, support of state
 3592  academic standards and aligned curriculum, and the academic
 3593  needs of students and faculty.
 3594         d. Provide for the regular removal or discontinuance of
 3595  books based on, at a minimum, physical condition, rate of recent
 3596  circulation, alignment to state academic standards and relevancy
 3597  to curriculum, out-of-date content, and required removal
 3598  pursuant to subparagraph (a)2.
 3599         3. Each elementary school must publish on its website, in a
 3600  searchable format prescribed by the department, a list of all
 3601  materials maintained and accessible in the school library media
 3602  center or a classroom library or required as part of a school or
 3603  grade-level reading list.
 3604         4. Each district school board shall adopt and publish on
 3605  its website the process for a parent to limit his or her
 3606  student’s access to materials in the school or classroom
 3607  library.
 3608         Reviser’s note.—Amended to correct cross-references to conform
 3609         to the redesignation of s. 1006.40(3)(d) as s.
 3610         1006.40(3)(c) by s. 32, ch. 2023-245, Laws of Florida.
 3611         Paragraph (a) is further amended to correct cross
 3612         references to conform to the redesignation of s.
 3613         1003.42(2)(n) as s. 1003.42(2)(o) by s. 6, ch. 2023-39,
 3614         Laws of Florida, and to conform to Florida Statutes
 3615         citation style.
 3616         Section 85. Paragraph (d) of subsection (5) and paragraph
 3617  (c) of subsection (6) of section 1008.25, Florida Statutes, are
 3618  amended to read:
 3619         1008.25 Public school student progression; student support;
 3620  coordinated screening and progress monitoring; reporting
 3621  requirements.—
 3622         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
 3623         (d) The parent of any student who exhibits a substantial
 3624  deficiency in reading, as described in paragraph (a), must be
 3625  notified in writing of the following:
 3626         1. That his or her child has been identified as having a
 3627  substantial deficiency in reading, including a description and
 3628  explanation, in terms understandable to the parent, of the exact
 3629  nature of the student’s difficulty in learning and lack of
 3630  achievement in reading.
 3631         2. A description of the current services that are provided
 3632  to the child.
 3633         3. A description of the proposed intensive interventions
 3634  and supports that will be provided to the child that are
 3635  designed to remediate the identified area of reading deficiency.
 3636         4. That if the child’s reading deficiency is not remediated
 3637  by the end of grade 3, the child must be retained unless he or
 3638  she is exempt from mandatory retention for good cause.
 3639         5. Strategies, including multisensory strategies and
 3640  programming, through a read-at-home plan the parent can use in
 3641  helping his or her child succeed in reading. The read-at-home
 3642  plan must provide access to the resources identified in
 3643  paragraph (e) (f).
 3644         6. That the statewide, standardized English Language Arts
 3645  assessment is not the sole determiner of promotion and that
 3646  additional evaluations, portfolio reviews, and assessments are
 3647  available to the child to assist parents and the school district
 3648  in knowing when a child is reading at or above grade level and
 3649  ready for grade promotion.
 3650         7. The district’s specific criteria and policies for a
 3651  portfolio as provided in subparagraph (7)(b)4. and the evidence
 3652  required for a student to demonstrate mastery of Florida’s
 3653  academic standards for English Language Arts. A school must
 3654  immediately begin collecting evidence for a portfolio when a
 3655  student in grade 3 is identified as being at risk of retention
 3656  or upon the request of the parent, whichever occurs first.
 3657         8. The district’s specific criteria and policies for
 3658  midyear promotion. Midyear promotion means promotion of a
 3659  retained student at any time during the year of retention once
 3660  the student has demonstrated ability to read at grade level.
 3661         9. Information about the student’s eligibility for the New
 3662  Worlds Reading Initiative under s. 1003.485 and the New Worlds
 3663  Scholarship Accounts under s. 1002.411 and information on parent
 3664  training modules and other reading engagement resources
 3665  available through the initiative.
 3666  
 3667  After initial notification, the school shall apprise the parent
 3668  at least monthly of the student’s progress in response to the
 3669  intensive interventions and supports. Such communications must
 3670  be in writing and must explain any additional interventions or
 3671  supports that will be implemented to accelerate the student’s
 3672  progress if the interventions and supports already being
 3673  implemented have not resulted in improvement.
 3674         (6) MATHEMATICS DEFICIENCY AND PARENTAL NOTIFICATION.—
 3675         (c) The parent of a student who exhibits a substantial
 3676  deficiency in mathematics, as described in paragraph (a), must
 3677  be notified in writing of the following:
 3678         1. That his or her child has been identified as having a
 3679  substantial deficiency in mathematics, including a description
 3680  and explanation, in terms understandable to the parent, of the
 3681  exact nature of the student’s difficulty in learning and lack of
 3682  achievement in mathematics.
 3683         2. A description of the current services that are provided
 3684  to the child.
 3685         3. A description of the proposed intensive interventions
 3686  and supports that will be provided to the child that are
 3687  designed to remediate the identified area of mathematics
 3688  deficiency.
 3689         4. Strategies, including multisensory strategies and
 3690  programming, through a home-based plan the parent can use in
 3691  helping his or her child succeed in mathematics. The home-based
 3692  plan must provide access to the resources identified in
 3693  paragraph (d) (e).
 3694  
 3695  After the initial notification, the school shall apprise the
 3696  parent at least monthly of the student’s progress in response to
 3697  the intensive interventions and supports. Such communications
 3698  must be in writing and must explain any additional interventions
 3699  or supports that will be implemented to accelerate the student’s
 3700  progress if the interventions and supports already being
 3701  implemented have not resulted in improvement.
 3702         Reviser’s note.—Paragraph (5)(d) is amended to correct a cross
 3703         reference to conform to the fact that paragraph (f) does
 3704         not exist; paragraph (e) provides a list of resources to be
 3705         incorporated into a home-based plan for use by the parent
 3706         of a student identified as having a substantial reading
 3707         deficiency. Paragraph (6)(c) is amended to correct a cross
 3708         reference to conform to the fact that paragraph (e) does
 3709         not exist; paragraph (d) provides a list of resources to be
 3710         incorporated into a home-based plan for use by the parent
 3711         of a student identified as having a substantial mathematics
 3712         deficiency.
 3713         Section 86. Paragraph (c) of subsection (1) of section
 3714  1009.21, Florida Statutes, is amended to read:
 3715         1009.21 Determination of resident status for tuition
 3716  purposes.—Students shall be classified as residents or
 3717  nonresidents for the purpose of assessing tuition in
 3718  postsecondary educational programs offered by charter technical
 3719  career centers or career centers operated by school districts,
 3720  in Florida College System institutions, and in state
 3721  universities.
 3722         (1) As used in this section, the term:
 3723         (c) “Institution of higher education” means any charter
 3724  technical career center as defined in s. 1002.34, career center
 3725  operated by a school district as defined in s. 1001.44, Florida
 3726  College System institution as defined in s. 1000.21(5), or state
 3727  university as defined in s. 1000.21(9) 1000.21(8).
 3728         Reviser’s note.—Amended to conform to the reordering of
 3729         definitions in s. 1000.21 by this act.
 3730         Section 87. Subsection (6) of section 1009.286, Florida
 3731  Statutes, is amended to read:
 3732         1009.286 Additional student payment for hours exceeding
 3733  baccalaureate degree program completion requirements at state
 3734  universities.—
 3735         (6) For purposes of this section, the term “state
 3736  university” includes the institutions identified in s.
 3737  1000.21(9) 1000.21(8) and the term “Florida College System
 3738  institution” includes the institutions identified in s.
 3739  1000.21(5).
 3740         Reviser’s note.—Amended to conform to the reordering of
 3741         definitions in s. 1000.21 by this act.
 3742         Section 88. Paragraph (b) of subsection (3) of section
 3743  1009.30, Florida Statutes, is amended to read:
 3744         1009.30 Dual Enrollment Scholarship Program.—
 3745         (3)
 3746         (b) The program shall reimburse institutions for tuition
 3747  and related instructional materials costs for dual enrollment
 3748  courses taken by public school, private school, home education
 3749  program secondary students, or personalized education program
 3750  secondary students during the summer term.
 3751         Reviser’s note.—Amended to confirm an editorial deletion to
 3752         improve clarity.
 3753         Section 89. Paragraph (c) of subsection (2) and paragraph
 3754  (b) of subsection (5) of section 1009.895, Florida Statutes, are
 3755  amended to read:
 3756         1009.895 Open Door Grant Program.—
 3757         (2) ELIGIBILITY.—In order to be eligible for the program, a
 3758  student must:
 3759         (c) Be enrolled at a school district postsecondary
 3760  technical career center under s. 1001.44, a Florida College
 3761  System institution under s. 1000.21(5) 1000.21(3), or a charter
 3762  technical career center under s. 1002.34.
 3763  
 3764  An institution may not impose additional criteria to determine a
 3765  student’s eligibility to receive a grant under this section.
 3766         (5) INSTITUTIONAL REPORTING.—Each institution shall report
 3767  to the department by the established date:
 3768         (b) Submit a report with Data from the previous fiscal year
 3769  on program completion and credential attainment by students
 3770  participating in the grant program that, at a minimum, includes:
 3771         1. A list of the programs offered.
 3772         2. The number of students who enrolled in the programs.
 3773         3. The number of students who completed the programs.
 3774         4. The number of students who attained workforce
 3775  credentials, categorized by credential name and relevant
 3776  occupation, after completing training programs.
 3777         Reviser’s note.—Paragraph (2)(c) is amended to conform to the
 3778         reordering of definitions in s. 1000.21 by s. 136, ch.
 3779         2023-8, Laws of Florida. Paragraph (5)(b) is amended to
 3780         confirm an editorial deletion to improve clarity.
 3781         Section 90. Subsection (13) of section 1011.62, Florida
 3782  Statutes, is amended, and subsection (15) of that section is
 3783  reenacted, to read:
 3784         1011.62 Funds for operation of schools.—If the annual
 3785  allocation from the Florida Education Finance Program to each
 3786  district for operation of schools is not determined in the
 3787  annual appropriations act or the substantive bill implementing
 3788  the annual appropriations act, it shall be determined as
 3789  follows:
 3790         (13) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 3791  assistance allocation is created to provide funding to assist
 3792  school districts in implementing their implementation of their
 3793  school-based mental health assistance program pursuant to s.
 3794  1006.041. These funds shall be allocated annually in the General
 3795  Appropriations Act or other law to each eligible school
 3796  district. Each school district shall receive a minimum of
 3797  $100,000, with the remaining balance allocated based on each
 3798  school district’s proportionate share of the state’s total
 3799  unweighted full-time equivalent student enrollment.
 3800         (15) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
 3801  CURRENT OPERATION.—The total annual state allocation to each
 3802  district for current operation for the Florida Education Finance
 3803  Program shall be distributed periodically in the manner
 3804  prescribed in the General Appropriations Act.
 3805         (a) If the funds appropriated for current operation of the
 3806  Florida Education Finance Program, including funds appropriated
 3807  pursuant to subsection (18), are not sufficient to pay the state
 3808  requirement in full, the department shall prorate the available
 3809  state funds to each district in the following manner:
 3810         1. Determine the percentage of proration by dividing the
 3811  sum of the total amount for current operation, as provided in
 3812  this paragraph for all districts collectively, and the total
 3813  district required local effort into the sum of the state funds
 3814  available for current operation and the total district required
 3815  local effort.
 3816         2. Multiply the percentage so determined by the sum of the
 3817  total amount for current operation as provided in this paragraph
 3818  and the required local effort for each individual district.
 3819         3. From the product of such multiplication, subtract the
 3820  required local effort of each district; and the remainder shall
 3821  be the amount of state funds allocated to the district for
 3822  current operation. However, no calculation subsequent to the
 3823  appropriation shall result in negative state funds for any
 3824  district.
 3825         (b) The amount thus obtained shall be the net annual
 3826  allocation to each school district. However, if it is determined
 3827  that any school district received an under allocation or over
 3828  allocation for any prior year because of an arithmetical error,
 3829  assessment roll change required by final judicial decision,
 3830  full-time equivalent student membership error, or any allocation
 3831  error revealed in an audit report, the allocation to that
 3832  district shall be appropriately adjusted. An under allocation in
 3833  a prior year caused by a school district’s error may not be the
 3834  basis for a positive allocation adjustment for the current year.
 3835  Beginning with the 2011-2012 fiscal year, if a special program
 3836  cost factor is less than the basic program cost factor, an audit
 3837  adjustment may not result in the reclassification of the special
 3838  program FTE to the basic program FTE. If the Department of
 3839  Education audit adjustment recommendation is based upon
 3840  controverted findings of fact, the Commissioner of Education is
 3841  authorized to establish the amount of the adjustment based on
 3842  the best interests of the state.
 3843         (c) The amount thus obtained shall represent the net annual
 3844  state allocation to each district; however, notwithstanding any
 3845  of the provisions herein, each district shall be guaranteed a
 3846  minimum level of funding in the amount and manner prescribed in
 3847  the General Appropriations Act.
 3848         Reviser’s note.—Subsection (13) is amended to confirm an
 3849         editorial substitution to improve clarity. Section 41, ch.
 3850         2023-245, Laws of Florida, purported to amend subsection
 3851         (15), but did not publish paragraphs (b) and (c). Absent
 3852         affirmative evidence of legislative intent to repeal them,
 3853         subsection (15) is reenacted to confirm that the omission
 3854         was not intended.
 3855         Section 91. Subsection (2) of section 1012.71, Florida
 3856  Statutes, is amended to read:
 3857         1012.71 The Florida Teachers Classroom Supply Assistance
 3858  Program.—
 3859         (2) The amount of funds per classroom teacher for the
 3860  Florida Teachers Classroom Supply Assistance Program shall be
 3861  specified in the General Appropriations Act. Classroom teachers
 3862  shall use the funds to purchase, on behalf of the school
 3863  district or charter school, classroom materials and supplies for
 3864  the public school students assigned to them, and the funds may
 3865  not be used to purchase equipment. The funds shall be used to
 3866  supplement the materials and supplies otherwise available to
 3867  classroom teachers.
 3868         Reviser’s note.—Amended to confirm editorial insertions to
 3869         improve clarity and sentence structure.
 3870         Section 92. Section 1012.993, Florida Statutes, is amended
 3871  to read:
 3872         1012.993 Interstate Teacher Mobility Compact.—The Governor
 3873  is authorized and directed to execute the Interstate Teacher
 3874  Mobility Compact on behalf of this state with any other state or
 3875  states legally joining therein in the form substantially as
 3876  follows:
 3877  
 3878                              ARTICLE I                            
 3879                               PURPOSE                             
 3880  
 3881         The purpose of this compact is to facilitate the mobility
 3882  of teachers across the member states with the goal of supporting
 3883  teachers through a new pathway to licensure. Through this
 3884  compact, the member states seek to establish a collective
 3885  regulatory framework which expedites and enhances the ability of
 3886  teachers from a variety of backgrounds to move across state
 3887  lines. This compact is intended to achieve the following
 3888  objectives and should be interpreted accordingly. The member
 3889  states hereby ratify the same intentions by subscribing hereto:
 3890         (1) Create a streamlined pathway to licensure mobility for
 3891  teachers;
 3892         (2) Support the relocation of eligible military spouses;
 3893         (3) Facilitate and enhance the exchange of licensure,
 3894  investigative, and disciplinary information between the member
 3895  states;
 3896         (4) Enhance the power of state and district level education
 3897  officials to hire qualified, competent teachers by removing
 3898  barriers to the employment of out-of-state teachers;
 3899         (5) Support the retention of teachers in the profession by
 3900  removing barriers to relicensure in a new state; and
 3901         (6) Maintain state sovereignty in the regulation of the
 3902  teaching profession.
 3903  
 3904                             ARTICLE II                            
 3905                             DEFINITIONS                           
 3906  
 3907         As used in this compact, and except as otherwise provided,
 3908  the following definitions shall govern the terms herein:
 3909         (1) “Active military member” means any person with a full
 3910  time duty status in the uniformed armed services of the United
 3911  States, including members of the National Guard and Reserve.
 3912         (2) “Adverse action” means any limitation or restriction
 3913  imposed by a member state’s licensing authority, including the
 3914  revocation, suspension, reprimand, probation, or limitation on
 3915  the licensee’s ability to work as a teacher.
 3916         (3) “Bylaws” means the bylaws established by the
 3917  commission.
 3918         (4) “Career and technical education” means a current, valid
 3919  authorization issued by a member state’s licensing authority
 3920  allowing an individual to serve as a teacher in K-12 public
 3921  educational settings in a specific career and technical
 3922  education area.
 3923         (5) “Commissioner” means the delegate of a member state.
 3924         (6) “Eligible license” means a license to engage in the
 3925  teaching profession which requires at least a bachelor’s degree
 3926  and the completion of a state-approved program for teacher
 3927  licensure.
 3928         (7) “Eligible military spouse” means the spouse of any
 3929  individual in full-time duty status in the active uniformed
 3930  service of the United States, including members of the National
 3931  Guard and Reserve on active duty moving as a result of military
 3932  mission or military career progression requirements, or are on
 3933  their terminal move as a result of separation or retirement,
 3934  including surviving spouses of deceased military members.
 3935         (8) “Executive committee” means a group of commissioners
 3936  elected or appointed to act on behalf of, and within the powers
 3937  granted to them by, the commission as provided herein.
 3938         (9) “Licensing authority” means an official, agency, board,
 3939  or other entity of a state that is responsible for the licensing
 3940  and regulation of teachers authorized to teach in K-12 public
 3941  educational settings.
 3942         (10) “Member state” means any state that has adopted this
 3943  compact, including all agencies and officials of such a state.
 3944         (11) “Receiving state” means any state where a teacher has
 3945  applied for licensure under this compact.
 3946         (12) “Rule” means any regulation adopted by the commission
 3947  under this compact which shall have the force of law in each
 3948  member state.
 3949         (13) “State” means a state, territory, or possession of the
 3950  United States and the District of Columbia.
 3951         (14) “State practice laws” means a member state’s laws,
 3952  rules, and regulations that govern the teaching profession,
 3953  define the scope of such profession, and create the method and
 3954  grounds for imposing discipline.
 3955         (15) “Teacher” means an individual who currently holds an
 3956  authorization from a member state which forms the basis for
 3957  employment in the K-12 public schools of the state to provide
 3958  instruction in a specific subject area, grade level, or student
 3959  population.
 3960         (16) “Unencumbered license” means a current, valid
 3961  authorization issued by a member state’s licensing authority
 3962  allowing an individual to serve as a teacher in K-12 public
 3963  education settings. An unencumbered license is not a restricted,
 3964  probationary, provisional, substitute, or temporary credential.
 3965  
 3966                             ARTICLE III                           
 3967                     LICENSURE UNDER THE COMPACT                   
 3968  
 3969         (1) Licensure under this compact pertains only to the
 3970  initial grant of a license by the receiving state. Nothing
 3971  herein applies to any subsequent or ongoing compliance
 3972  requirements that a receiving state might require for teachers.
 3973         (2) Each member state shall, in accordance with rules of
 3974  the commission, define, compile, and update, as necessary, a
 3975  list of eligible licenses and career and technical education
 3976  licenses that the member state is willing to consider for
 3977  equivalency under this compact and provide the list to the
 3978  commission. The list shall include those licenses that a
 3979  receiving state is willing to grant teachers from other member
 3980  states, pending a determination of equivalency by the receiving
 3981  state’s licensing authority.
 3982         (3) Upon the receipt of an application for licensure by a
 3983  teacher holding an unencumbered license, the receiving state
 3984  shall determine which of the receiving state’s eligible licenses
 3985  the teacher is qualified to hold and shall grant such a license
 3986  or licenses to the applicant. Such a determination shall be made
 3987  in the sole discretion of the receiving state’s licensing
 3988  authority and may include a determination that the applicant is
 3989  not eligible for any of the receiving state’s licenses. For all
 3990  teachers who hold an unencumbered license, the receiving state
 3991  shall grant one or more unencumbered licenses that, in the
 3992  receiving state’s sole discretion, are equivalent to the license
 3993  held by the teacher in any other member state.
 3994         (4) For active duty military members and eligible military
 3995  spouses who hold a license that is not unencumbered, the
 3996  receiving state shall grant an equivalent license or licenses
 3997  that, in the receiving state’s sole discretion, is equivalent to
 3998  the license or licenses held by the teacher in any other member
 3999  state, except where the receiving state does not have an
 4000  equivalent license.
 4001         (5) For a teacher holding an unencumbered career and
 4002  technical education license, the receiving state shall grant an
 4003  unencumbered license equivalent to the career and technical
 4004  education license held by the applying teacher and issued by
 4005  another member state, as determined by the receiving state in
 4006  its sole discretion, except where a career and technical
 4007  education teacher does not hold a bachelor’s degree and the
 4008  receiving state requires a bachelor’s degree for licenses to
 4009  teach career and technical education. A receiving state may
 4010  require career and technical education teachers to meet state
 4011  industry recognized requirements, if required by law in the
 4012  receiving state.
 4013  
 4014                             ARTICLE IV                            
 4015                   LICENSURE NOT UNDER THE COMPACT                 
 4016  
 4017         (1) Except as provided in Article III, nothing in this
 4018  compact shall be construed to limit or inhibit the power of a
 4019  member state to regulate licensure or endorsements overseen by
 4020  the member state’s licensing authority.
 4021         (2) When a teacher is required to renew a license received
 4022  pursuant to this compact, the state granting such a license may
 4023  require the teacher to complete state-specific requirements as a
 4024  condition of licensure renewal or advancement in that state.
 4025         (3) For purposes of determining compensation, a receiving
 4026  state may require additional information from teachers receiving
 4027  a license under the provisions of this compact.
 4028         (4) Nothing in this compact shall be construed to limit the
 4029  power of a member state to control and maintain ownership of its
 4030  information pertaining to teachers or limit the application of a
 4031  member state’s laws or regulations governing the ownership, use,
 4032  or dissemination of information pertaining pertain to teachers.
 4033         (5) Nothing in this compact shall be construed to
 4034  invalidate or alter any existing agreement or other cooperative
 4035  arrangement which a member state may already be a party to or
 4036  limit the ability of a member state to participate in any future
 4037  agreement or other cooperative arrangement to:
 4038         (a) Award teaching licenses or other benefits based on
 4039  additional professional credentials, including, but not limited
 4040  to, the National Board Certification;
 4041         (b) Participate in the exchange of names of teachers whose
 4042  license has been subject to an adverse action by a member state;
 4043  or
 4044         (c) Participate in any agreement or cooperative arrangement
 4045  with a nonmember state.
 4046  
 4047                              ARTICLE V                            
 4048               TEACHER QUALIFICATIONS AND REQUIREMENTS             
 4049                   FOR LICENSURE UNDER THE COMPACT                 
 4050  
 4051         (1) Except as provided for active military members or
 4052  eligible military spouses under subsection (4) of Article III, a
 4053  teacher may only be eligible to receive a license under this
 4054  compact where that teacher holds an unencumbered license in a
 4055  member state.
 4056         (2) A teacher eligible to receive a license under this
 4057  compact shall, unless otherwise provided herein:
 4058         (a) Upon their application to receive a license under this
 4059  compact, undergo a criminal background check in the receiving
 4060  state in accordance with the laws and regulations of the
 4061  receiving state; and
 4062         (b) Provide the receiving state with information in
 4063  addition to the information required for licensure for the
 4064  purposes of determining compensation, if applicable.
 4065  
 4066                             ARTICLE VI                            
 4067                   DISCIPLINE AND ADVERSE ACTIONS                  
 4068  
 4069         Nothing in this compact shall be deemed or construed to
 4070  limit the authority of a member state to investigate or impose
 4071  disciplinary measures on teachers according to the state
 4072  practice laws thereof.
 4073  
 4074                             ARTICLE VII                           
 4075                   ESTABLISHMENT OF THE INTERSTATE                 
 4076                 TEACHER MOBILITY COMPACT COMMISSION               
 4077  
 4078         (1) The interstate compact member states hereby create and
 4079  establish a joint public agency known as the Interstate Teacher
 4080  Mobility Compact Commission:
 4081         (a) The commission is a joint interstate governmental
 4082  agency comprised of states that have enacted the Interstate
 4083  Teacher Mobility Compact.
 4084         (b) Nothing in this compact shall be construed to be a
 4085  waiver of sovereign immunity.
 4086         (2)(a) Each member state shall have and be limited to one
 4087  delegate to the commission, who shall be given the title of
 4088  commissioner.
 4089         (b) The commissioner shall be the primary administrative
 4090  officer of the state licensing authority or their designee.
 4091         (c) Any commissioner may be removed or suspended from
 4092  office as provided by the law of the state from which the
 4093  commissioner is appointed.
 4094         (d) The member state shall fill any vacancy occurring in
 4095  the commission within 90 days.
 4096         (e) Each commissioner shall be entitled entitle to one vote
 4097  about the adoption of rules and creation of bylaws and shall
 4098  otherwise have an opportunity to participate in the business and
 4099  affairs of the commission. A commissioner shall vote in person
 4100  or by such other means as provided in the bylaws. The bylaws may
 4101  provide for commissioners’ participation in meetings by
 4102  telephone or other means of communication.
 4103         (f) The commission shall meet at least once during each
 4104  calendar year. Additional meetings shall be held as set forth in
 4105  the bylaws.
 4106         (g) The commission shall establish by rule a term of office
 4107  for commissioners.
 4108         (3) The commission shall have the following powers and
 4109  duties:
 4110         (a) Establish a code of ethics for the commission.
 4111         (b) Establish a fiscal year of the commission.
 4112         (c) Establish bylaws for the commission.
 4113         (d) Maintain its financial records in accordance with the
 4114  bylaws of the commission.
 4115         (e) Meet and take such actions as are consistent with the
 4116  provisions of this compact, the bylaws, and rules of the
 4117  commission.
 4118         (f) Adopt uniform rules to implement and administer this
 4119  compact. The rules shall have the force and effect of law and
 4120  shall be binding in all member states. In the event the
 4121  commission exercises its rulemaking authority in a manner that
 4122  is beyond the scope of the purposes of this compact, or the
 4123  powers granted hereunder, then such an action by the commission
 4124  shall be invalid and have no force and effect of law.
 4125         (g) Bring and prosecute legal proceedings or actions in the
 4126  name of the commission, provided that the standing of any member
 4127  state licensing authority to sue or be sued under applicable law
 4128  shall not be affected.
 4129         (h) Purchase and maintain insurance and bonds.
 4130         (i) Borrow, accept, or contract for services of personnel,
 4131  including, but not limited to, employees of a member state or an
 4132  associated nongovernmental organization that is open to
 4133  membership by all states.
 4134         (j) Hire employees, elect or appoint officers, fix
 4135  compensation, define duties, grant such individuals appropriate
 4136  authority to carry out the purposes of this compact, and
 4137  establish the commission’s personnel policies and programs
 4138  relating to conflicts of interest, qualifications of personnel,
 4139  and other related personnel matters.
 4140         (k) Lease, purchase, accept appropriate gifts or donations
 4141  of, or otherwise own, hold, improve, or use, any property, real,
 4142  personal or mixed, provided that at all times the commission
 4143  shall avoid any appearance of impropriety.
 4144         (l) Sell, convey, mortgage, pledge, lease, exchange,
 4145  abandon, or otherwise dispose of any property real, personal or
 4146  mixed.
 4147         (m) Establish a budget and make expenditures.
 4148         (n) Borrow money.
 4149         (o) Appoint committees, including standing committees
 4150  composed of members and such other interested persons as may be
 4151  designated in this interstate compact, rules, or bylaws.
 4152         (p) Provide and receive information from, and cooperate
 4153  with, law enforcement agencies.
 4154         (q) Establish and elect an executive committee.
 4155         (r) Establish and develop a charter for an executive
 4156  information governance committee to advise on facilitating the
 4157  exchange of information, the use of information, data privacy,
 4158  and technical support needs, and provide reports as needed.
 4159         (s) Perform such other functions as may be necessary or
 4160  appropriate to achieve the purposes of this compact consistent
 4161  with the state regulation of teacher licensure.
 4162         (t) Determine whether a state’s adopted language is
 4163  materially different from the model compact language such that
 4164  the state would not qualify for participation in the compact.
 4165         (4)(a) The executive committee shall have the power to act
 4166  on behalf of the commission according to the terms of this
 4167  compact.
 4168         (b) The executive committee shall be composed of eight
 4169  voting members as follows:
 4170         1. The chair of the commission.
 4171         2. The vice chair vicechair of the commission.
 4172         3. The treasurer of the commission.
 4173         4. Five members who are elected by the commission from the
 4174  current membership as follows:
 4175         a. Four voting members representing geographic regions in
 4176  accordance with commission rules.
 4177         b. One at-large voting member in accordance with commission
 4178  rules.
 4179         (c) The commission may add or remove members of the
 4180  executive committee as provided in commission rules.
 4181         (d) The executive committee shall meet at least once
 4182  annually.
 4183         (e) The executive committee shall have the following duties
 4184  and responsibilities:
 4185         1. Recommend to the entire commission changes to the rules
 4186  or bylaws, changes to the compact legislation, fees paid by
 4187  interstate compact member states such as annual dues, and any
 4188  compact fee charged by the member states on behalf of the
 4189  commission.
 4190         2. Ensure commission administration services are
 4191  appropriately provided, contractual or otherwise.
 4192         3. Prepare and recommend the budget.
 4193         4. Maintain financial records on behalf of the commission.
 4194         5. Monitor compliance of member states and provide reports
 4195  to the commission.
 4196         6. Perform other duties as provided in the rules or bylaws.
 4197         (5)(a) All meetings of the commission shall be open to the
 4198  public, and public notice of meetings shall be given in
 4199  accordance with commission bylaws.
 4200         (b) The commission shall keep minutes of commission
 4201  meetings and shall provide a full and accurate summary of
 4202  actions taken take, and the reasons thereof, including a
 4203  description of the views expressed. All documents considered in
 4204  connection with an action shall be identified in such minutes.
 4205         (6)(a) The commission shall pay, or provide for the payment
 4206  of, the reasonable expenses of its establishment, organization,
 4207  and ongoing activities.
 4208         (b) The commission may accept all appropriate donations and
 4209  grants of money, equipment, supplies, materials, and services,
 4210  and receive, utilize, and dispose of the same, provided that at
 4211  all times the commission shall avoid any appearance of
 4212  impropriety or conflicts of interest.
 4213         (c) The commission may levy on and collect an annual
 4214  assessment from each member state or impose fees on other
 4215  parties to cover the cost of the operations and activities of
 4216  the commission, in accordance with the rules of the commission.
 4217         (d) The commission shall not incur obligations of any kind
 4218  prior to securing the funds adequate to meet the same; nor shall
 4219  the commission pledge the credit of any of the member states,
 4220  except by and with the authority of the member state.
 4221         (e) The commission shall keep accurate accounts of all
 4222  receipts and disbursements. The receipts and disbursements of
 4223  the commission shall be subject to all accounting procedures
 4224  established under the commission bylaws. All receipts and
 4225  disbursements of funds of the commission shall be reviewed
 4226  annually in accordance with commission bylaws, and a report of
 4227  the review shall be included in and become part of the annual
 4228  report of the commission.
 4229         (7)(a) The members, officers, executive director,
 4230  employees, and representatives of the commission shall be immune
 4231  from suit and liability, either personally or in their official
 4232  capacity, for any claim for damage to or loss of property or
 4233  personal injury or other civil liability caused by or arising
 4234  out of any actual or alleged act, error, or omission that
 4235  occurred or that the person against whom the claim is made had a
 4236  reasonable basis for believing occurred within the scope of
 4237  commission employment, duties, or responsibilities. Nothing in
 4238  this paragraph shall be construed to protect any such person
 4239  from suit or liability for any damage, loss, injury, or
 4240  liability caused by the intentional, willful, or wanton
 4241  misconduct of that person.
 4242         (b) The commission shall defend any member, officer,
 4243  executive director, employee, or representative of the
 4244  commission in any civil action seeking to impose liability
 4245  arising out of any actual or alleged act, error, or omission
 4246  that occurred within the scope of commission employment, duties,
 4247  or responsibilities, or that the person against whom the claim
 4248  is made had a reasonable basis for believing occurred within the
 4249  scope of commission employment, duties, or responsibilities.
 4250  Nothing in this paragraph shall be construed to prohibit that
 4251  person from retaining his or her own counsel and provided
 4252  provide further that the actual or alleged act, error, or
 4253  omission did not result from the person’s intentional, willful,
 4254  or wanton misconduct.
 4255         (c) The commission shall indemnify and hold harmless any
 4256  member, officer, executive director, employee, or representative
 4257  of the commission for the amount of any settlement or judgment
 4258  obtained against that person arising out of any actual or
 4259  alleged act, error, or omission that occurred within the scope
 4260  of commission employment, duties, or responsibilities, or that
 4261  such person had a reasonable basis for believing occurred within
 4262  the scope of commission employment, duties, or responsibilities,
 4263  provided the actual or alleged act, error, or omission did not
 4264  result from the intentional, willful, or wanton misconduct of
 4265  that person.
 4266  
 4267                            ARTICLE VIII                           
 4268                             RULEMAKING                            
 4269  
 4270         (1) The commission shall exercise its rulemaking powers
 4271  pursuant to the criteria set forth in this compact and the rules
 4272  adopted thereunder. Rules and amendments shall become binding as
 4273  of the date specified in each rule or amendment.
 4274         (2) The commission shall adopt reasonable rules to achieve
 4275  the intent and purpose of this compact. In the event the
 4276  commission exercises its rulemaking authority in a manner that
 4277  is beyond the purpose and intent of this compact, or the powers
 4278  granted hereunder, then such action by the commission shall be
 4279  invalid and have no force and effect of law in the member
 4280  states.
 4281         (3) If a majority of the legislatures of the member states
 4282  rejects a rule, by enactment of a statute or resolution in the
 4283  same manner used to adopt this compact within 4 years of the
 4284  date of the adoption of the rule, then such rule shall have no
 4285  further force and effect in any member state.
 4286         (4) Rules or amendments to the rules shall be adopted or
 4287  ratified at a regular or special meeting of the commission in
 4288  accordance with the commission’s rules and bylaws.
 4289         (5) Upon a determination that an emergency exists, the
 4290  commission may consider and adopt an emergency rule with 48
 4291  hours’ notice, with opportunity for comment, provided the usual
 4292  rulemaking procedures shall be retroactively applied to the rule
 4293  as soon as reasonably possible, in no event even later than 90
 4294  days after the effective date of the rule. For the purposes of
 4295  this subsection, an emergency rule is one that must be adopted
 4296  immediately to:
 4297         (a) Meet an imminent threat to the public health, safety,
 4298  or welfare;
 4299         (b) Prevent a loss of commission or member state funds;
 4300         (c) Meet a deadline for the adoption of an administrative
 4301  rule that is established by federal law or rule; or
 4302         (d) Protect the public health or safety.
 4303  
 4304                             ARTICLE IX                            
 4305                      FACILITATING THE EXCHANGE                    
 4306                           OF INFORMATION                          
 4307  
 4308         (1) The commission shall provide for facilitating the
 4309  exchange of information to administer and implement the
 4310  provisions of this compact in accordance with the rules of the
 4311  commission, consistent with generally accepted data protection
 4312  principles.
 4313         (2) Nothing in this compact shall be deemed or construed to
 4314  alter, limit, or inhibit the power of a member state to control
 4315  and maintain ownership of its licensee information or alter,
 4316  limit, or inhibit the laws or regulations governing licensee
 4317  information in member states.
 4318  
 4319                              ARTICLE X                            
 4320                   OVERSIGHT, DISPUTE RESOLUTION,                  
 4321                           AND ENFORCEMENT                         
 4322  
 4323         (1)(a) The executive and judicial branches of state
 4324  government in each member state shall enforce this compact and
 4325  take all actions necessary and appropriate to effectuate this
 4326  compact’s purpose and intent. The provisions of this compact
 4327  shall have standing as statutory law.
 4328         (b) Venue is proper and judicial proceedings by or against
 4329  the commission shall be brought solely and exclusively in a
 4330  court of competent jurisdiction where the principal office of
 4331  the commission is located. The commission may waive venue and
 4332  jurisdictional defenses to the extent it adopts or consents to
 4333  participate in alternative dispute resolution proceedings.
 4334  Nothing herein shall affect or limit the selection or propriety
 4335  of venue in any action against a licensee for professional
 4336  malpractice, misconduct, or any such similar matter.
 4337         (c) All courts and all administrative agencies shall take
 4338  judicial notice of this compact, the rules of the commission,
 4339  and any information provided to a member state pursuant thereto
 4340  in any judicial or quasi-judicial proceeding in a member state
 4341  pertaining to the subject matter of this compact, or which may
 4342  affect the powers, responsibilities, or actions of the
 4343  commission.
 4344         (d) The commission shall be entitled to receive service of
 4345  process in any proceeding regarding the enforcement or
 4346  interpretation of this compact and shall have standing to
 4347  intervene in such a proceeding for all purposes. Failure to
 4348  provide the commission service of process shall render a
 4349  judgment or an order void as to the commission, this compact, or
 4350  adopted rules.
 4351         (2)(a) If the commission determines that a member state has
 4352  defaulted in the performance of its obligations or
 4353  responsibilities under this compact or the adopted rules, the
 4354  commission shall:
 4355         1. Provide written notice to the defaulting state and other
 4356  member states of the nature of the default, the proposed means
 4357  of curing the default, and any other action to be taken by the
 4358  commission; and
 4359         2. Provide remedial training and specific technical
 4360  assistance regarding the default.
 4361         (b) If a state in default fails to cure the default, the
 4362  defaulting state may be terminated from this compact upon an
 4363  affirmative vote of a majority of the commissioners of the
 4364  member states, and all rights, privileges, and benefits
 4365  conferred on that state by this compact may be terminated on the
 4366  effective date of termination. A cure of the default does not
 4367  relieve the offending state of obligations or liabilities
 4368  incurred during the period of default.
 4369         (c) Termination of membership in the compact shall be
 4370  imposed only after all other means of securing compliance have
 4371  been exhausted. Notice of intent to suspend or terminate shall
 4372  be given by the commission to the Governor, the Majority and
 4373  Minority Leaders of the State Legislature, and the state
 4374  licensing authority of the of the defaulting state and to each
 4375  of the member states.
 4376         (d) A state that has been terminated is responsible for all
 4377  assessments, obligations, and liabilities incurred through the
 4378  effective date of termination, including obligations that extend
 4379  beyond the effective date of termination.
 4380         (e) The commission shall not bear any costs related to a
 4381  state that is found to be in default or that has been terminated
 4382  from this compact unless agreed upon in writing between the
 4383  commission and the defaulting state.
 4384         (f) Nothing in this compact shall be construed to be a
 4385  waiver of sovereign immunity.
 4386         (g) The defaulting state may appeal the action of the
 4387  commission by petitioning the United States District Court for
 4388  the District of Columbia or the federal district where the
 4389  commission has its principal offices. The prevailing party shall
 4390  be awarded all costs of such litigation, including reasonable
 4391  attorney fees.
 4392         (h)1. Upon the request of a member state, the commission
 4393  shall attempt to resolve disputes related to this compact that
 4394  arise among member states and between member and nonmember
 4395  states.
 4396         2. The commission shall adopt a rule providing for both
 4397  binding and nonbinding alternative dispute resolution for
 4398  disputes as appropriate.
 4399         (i)1. The commission, in the reasonable exercise of its
 4400  discretion, shall enforce the provisions and rules of this
 4401  compact.
 4402         2. By a majority vote, the commission may initiate legal
 4403  action in the United States District Court for the District of
 4404  Columbia or the federal district where the commission has its
 4405  principal offices against a member state in default to enforce
 4406  compliance with the provisions of this compact and its adopted
 4407  rules and bylaws. The relief sought may include both injunctive
 4408  relief and damages. In the event judicial enforcement is
 4409  necessary, the prevailing party shall be awarded all costs of
 4410  such litigation, including reasonable attorney fees. The
 4411  remedies herein shall not be the exclusive remedies of the
 4412  commission. The commission may pursue any other remedies
 4413  available under federal or state law.
 4414  
 4415                             ARTICLE XI                            
 4416               EFFECTUATION, WITHDRAWAL, AND AMENDMENT             
 4417  
 4418         (1) This compact shall come into effect on the date on
 4419  which the compact statute is enacted into law in the tenth
 4420  member state.
 4421         (a) On or after the effective date of this compact, the
 4422  commission shall convene and review the enactment of each of the
 4423  charter member states to determine if the statute enacted by
 4424  such charter member state is materially different from the model
 4425  compact statute.
 4426         (b) A charter member state whose enactment is found to be
 4427  materially different from the model compact statute shall be
 4428  entitled entitle to the default process set forth in Article X.
 4429         (c) Member states enacting the compact subsequent to the
 4430  charter member states shall be subject to the process set forth
 4431  in Article VII(3)(t) Article VII(X)(a) to determine if their
 4432  enactments are materially different from the model compact
 4433  statute and whether they qualify for participation in the
 4434  compact.
 4435         (2) If any member state is later found to be in default, or
 4436  is terminated or withdraws from the compact, the commission
 4437  commissioner shall remain in existence and the compact shall
 4438  remain in effect even if the number of member states should be
 4439  less than 10.
 4440         (3) Any state that joins this compact after the
 4441  commission’s initial adoption of the rules and bylaws shall be
 4442  subject to the rules and bylaws as they exist on the date on
 4443  which this compact becomes law in that state. Any rule that has
 4444  been previously adopted by the commission shall have the full
 4445  force and effect of law on the day this compact becomes law in
 4446  that state, as the rules and bylaws may be amended as provided
 4447  in this compact.
 4448         (4) Any member state may withdraw from this compact by
 4449  enacting a statute repealing the same.
 4450         (a) A member state’s withdrawal shall not take effect until
 4451  6 months after the enactment of the repealing statute.
 4452         (b) Withdrawal shall not affect the continuing requirement
 4453  of the withdrawing state’s licensing authority to comply with
 4454  the investigative and adverse action reporting requirements of
 4455  this act prior to the effective date of the withdrawal.
 4456         (5) This compact may be amended by member states. No
 4457  amendment to this compact shall become effective and binding
 4458  upon any member state until it is enacted into the laws of all
 4459  member states.
 4460  
 4461                             ARTICLE XII                           
 4462                    CONSTRUCTION AND SEVERABILITY                  
 4463  
 4464         This compact shall be liberally construed to effectuate the
 4465  purpose thereof. The provisions of this compact shall be
 4466  severable, and if any phrase, clause, sentence, or provision of
 4467  this compact is declared to be contrary to the constitution of
 4468  any member state or a state seeking membership in this compact
 4469  or the United States Constitution or the applicability thereof
 4470  to any other government, agency, person, or circumstance is held
 4471  invalid, the validity of the remainder of this compact and the
 4472  applicability thereof to any government, agency, person, or
 4473  circumstance shall not be affected effected. If this compact
 4474  shall be held contrary to the constitution of any member state,
 4475  this compact shall remain in full force and effect as to the
 4476  remaining member states and in full force and effect as to the
 4477  member state affected as to all severable matters.
 4478  
 4479                            ARTICLE XIII                           
 4480                        CONSISTENT EFFECT AND                      
 4481                   CONFLICT WITH OTHER STATE LAWS                  
 4482  
 4483         (1) Nothing herein shall prevent or inhibit the enforcement
 4484  of any other law of a member state that is not inconsistent with
 4485  this compact.
 4486         (2) Any laws, statutes, regulations, or other legal
 4487  requirements in a member state in conflict with this compact are
 4488  superseded to the extent of the conflict.
 4489         (3) All permissible agreements between the commission and
 4490  the member states are binding in accordance with their terms.
 4491         Reviser’s note.—Amended to conform to context, to confirm
 4492         editorial substitutions to improve clarity and facilitate
 4493         correct interpretation, to confirm an editorial deletion to
 4494         eliminate a repetition of words, and to correct a cross
 4495         reference to conform to the fact that the provision for the
 4496         duty of the commission to determine whether a state’s
 4497         adopted language is materially different from the model
 4498         compact such that the state would not qualify for
 4499         participation in the compact, is found in Article VII(3)(t)
 4500         of the compact as passed by the Florida Legislature,
 4501         codified as s. 1012.993.
 4502         Section 93. Paragraph (a) of subsection (2) of section
 4503  1013.64, Florida Statutes, is amended to read:
 4504         1013.64 Funds for comprehensive educational plant needs;
 4505  construction cost maximums for school district capital
 4506  projects.—Allocations from the Public Education Capital Outlay
 4507  and Debt Service Trust Fund to the various boards for capital
 4508  outlay projects shall be determined as follows:
 4509         (2)(a) The department shall establish, as a part of the
 4510  Public Education Capital Outlay and Debt Service Trust Fund, a
 4511  separate account, in an amount determined by the Legislature, to
 4512  be known as the “Special Facility Construction Account.” The
 4513  Special Facility Construction Account shall be used to provide
 4514  necessary construction funds to school districts which have
 4515  urgent construction needs but which lack sufficient resources at
 4516  present, and cannot reasonably anticipate sufficient resources
 4517  within the period of the next 3 years, for these purposes from
 4518  currently authorized sources of capital outlay revenue. A school
 4519  district requesting funding from the Special Facility
 4520  Construction Account shall submit one specific construction
 4521  project, not to exceed one complete educational plant, to the
 4522  Special Facility Construction Committee. A district may not
 4523  receive funding for more than one approved project in any 3-year
 4524  period or while any portion of the district’s participation
 4525  requirement is outstanding. The first year of the 3-year period
 4526  shall be the first year a district receives an appropriation.
 4527  During the 2019-2020 school year, a school district that
 4528  sustained hurricane damage in the 2018-2019 school year may
 4529  request funding from the Special Facility Construction Account
 4530  for a new project before the completion of the district’s
 4531  participation requirement for an outstanding project. The
 4532  department shall encourage a construction program that reduces
 4533  the average size of schools in the district. The request must
 4534  meet the following criteria to be considered by the committee:
 4535         1. The project must be deemed a critical need and must be
 4536  recommended for funding by the Special Facility Construction
 4537  Committee. Before developing construction plans for the proposed
 4538  facility, the district school board must request a
 4539  preapplication review by the Special Facility Construction
 4540  Committee or a project review subcommittee convened by the chair
 4541  of the committee to include two representatives of the
 4542  department and two staff members from school districts not
 4543  eligible to participate in the program. A school district may
 4544  request a preapplication review at any time; however, if the
 4545  district school board seeks inclusion in the department’s next
 4546  annual capital outlay legislative budget request, the
 4547  preapplication review request must be made before February 1.
 4548  Within 90 days after receiving the preapplication review
 4549  request, the committee or subcommittee must meet in the school
 4550  district to review the project proposal and existing facilities.
 4551  To determine whether the proposed project is a critical need,
 4552  the committee or subcommittee shall consider, at a minimum, the
 4553  capacity of all existing facilities within the district as
 4554  determined by the Florida Inventory of School Houses; the
 4555  district’s pattern of student growth; the district’s existing
 4556  and projected capital outlay full-time equivalent student
 4557  enrollment as determined by the demographic, revenue, and
 4558  education estimating conferences established in s. 216.136; the
 4559  district’s existing satisfactory student stations; the use of
 4560  all existing district property and facilities; grade level
 4561  configurations; and any other information that may affect the
 4562  need for the proposed project.
 4563         2. The construction project must be recommended in the most
 4564  recent survey or survey amendment cooperatively prepared by the
 4565  district and the department, and approved by the department
 4566  under the rules of the State Board of Education. If a district
 4567  employs a consultant in the preparation of a survey or survey
 4568  amendment, the consultant may not be employed by or receive
 4569  compensation from a third party that designs or constructs a
 4570  project recommended by the survey.
 4571         3. The construction project must appear on the district’s
 4572  approved project priority list under the rules of the State
 4573  Board of Education.
 4574         4. The district must have selected and had approved a site
 4575  for the construction project in compliance with s. 1013.36 and
 4576  the rules of the State Board of Education.
 4577         5. The district shall have developed a district school
 4578  board adopted list of facilities that do not exceed the norm for
 4579  net square feet occupancy requirements under the State
 4580  Requirements for Educational Facilities, using all possible
 4581  programmatic combinations for multiple use of space to obtain
 4582  maximum daily use of all spaces within the facility under
 4583  consideration.
 4584         6. Upon construction, the total cost per student station,
 4585  including change orders, must not exceed the cost per student
 4586  station as provided in subsection (6) unless approved by the
 4587  Special Facility Construction Committee. At the discretion of
 4588  the committee, costs that exceed the cost per student station
 4589  for special facilities may include legal and administrative
 4590  fees, the cost of site improvements or related offsite
 4591  improvements, the cost of complying with public shelter and
 4592  hurricane hardening requirements, cost overruns created by a
 4593  disaster as defined in s. 252.34(2), costs of security
 4594  enhancements approved by the school safety specialist, and
 4595  unforeseeable circumstances beyond the district’s control.
 4596         7. There shall be an agreement signed by the district
 4597  school board stating that it will advertise for bids within 30
 4598  days of receipt of its encumbrance authorization from the
 4599  department.
 4600         8. For construction projects for which Special Facilities
 4601  Construction Account funding is sought before the 2019-2020
 4602  fiscal year, the district shall, at the time of the request and
 4603  for a continuing period necessary to meet the district’s
 4604  participation requirement, levy the maximum millage against its
 4605  nonexempt assessed property value as allowed in s. 1011.71(2) or
 4606  shall raise an equivalent amount of revenue from the school
 4607  capital outlay surtax authorized under s. 212.055(6). Beginning
 4608  with construction projects for which Special Facilities
 4609  Construction Account funding is sought in the 2019-2020 fiscal
 4610  year, the district shall, for a minimum of 3 years before
 4611  submitting the request and for a continuing period necessary to
 4612  meet its participation requirement, levy the maximum millage
 4613  against the district’s nonexempt assessed property value as
 4614  authorized under s. 1011.71(2) or shall raise an equivalent
 4615  amount of revenue from the school capital outlay surtax
 4616  authorized under s. 212.055(6). Any district with a new or
 4617  active project, funded under the provisions of this subsection,
 4618  shall be required to budget no more than the value of 1 mill per
 4619  year to the project until the district’s participation
 4620  requirement relating to the local discretionary capital
 4621  improvement millage or the equivalent amount of revenue from the
 4622  school capital outlay surtax is satisfied.
 4623         9. If a contract has not been signed 90 days after the
 4624  advertising of bids, the funding for the specific project shall
 4625  revert to the Special Facility New Construction Account to be
 4626  reallocated to other projects on the list. However, an
 4627  additional 90 days may be granted by the commissioner.
 4628         10. The department shall certify the inability of the
 4629  district to fund the survey-recommended project over a
 4630  continuous 3-year period using projected capital outlay revenue
 4631  derived from s. 9(d), Art. XII of the State Constitution, as
 4632  amended, paragraph (3)(a) of this section, and s. 1011.71(2).
 4633         11. The district shall have on file with the department an
 4634  adopted resolution acknowledging its commitment to satisfy its
 4635  participation requirement, which is equivalent to all
 4636  unencumbered and future revenue acquired from s. 9(d), Art. XII
 4637  of the State Constitution, as amended, paragraph (3)(a) of this
 4638  section, and s. 1011.71(2), in the year of the initial
 4639  appropriation and for the 2 years immediately following the
 4640  initial appropriation.
 4641         12. Phase I plans must be approved by the district school
 4642  board as being in compliance with the building and life safety
 4643  codes before June 1 of the year the application is made.
 4644         Reviser’s note.—Amended to delete obsolete language.
 4645         Section 94. This act shall take effect on the 60th day
 4646  after adjournment sine die of the session of the Legislature in
 4647  which enacted.

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