Bill Text: FL S0308 | 2021 | Regular Session | Enrolled
Bill Title: Florida Statutes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-06-09 - Chapter No. 2021-51 [S0308 Detail]
Download: Florida-2021-S0308-Enrolled.html
ENROLLED 2021 Legislature SB 308 2021308er 1 2 An act relating to the Florida Statutes; amending ss. 3 20.058, 20.2551, 39.01, 39.302, 39.3065, 39.521, 4 39.6012, 45.035, 70.001, 215.555, 215.985, 220.03, 5 220.183, 252.355, 253.0341, 258.3991, 288.9619, 6 324.021, 364.336, 365.179, 373.41492, 379.2426, 7 381.925, 393.066, 400.462, 400.962, 401.45, 402.402, 8 403.726, 409.165, 409.973, 420.628, 420.9071, 9 420.9072, 420.9075, 420.9076, 429.02, 456.053, 10 481.203, 552.30, 556.102, 624.307, 624.5105, 625.091, 11 627.6387, 627.6648, 631.54, 641.31076, 647.02, 647.05, 12 723.079, 784.046, 943.059, 960.28, 1004.6499, 1007.33, 13 1009.24, 1009.50, 1009.51, 1009.52, 1009.65, 1009.986, 14 and 1011.62, F.S.; reenacting s. 408.036, F.S.; 15 deleting provisions that have expired, have become 16 obsolete, have had their effect, have served their 17 purpose, or have been impliedly repealed or 18 superseded; replacing incorrect cross-references and 19 citations; correcting grammatical, typographical, and 20 like errors; removing inconsistencies, redundancies, 21 and unnecessary repetition in the statutes; improving 22 the clarity of the statutes and facilitating their 23 correct interpretation; and revising a statutory 24 provision to conform to a directive of the 25 Legislature; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Subsection (5) of section 20.058, Florida 30 Statutes, is amended to read: 31 20.058 Citizen support and direct-support organizations.— 32 (5) A law creating, or authorizing the creation of, a 33 citizen support organization or a direct-support organization 34 must state that the creation of or authorization for the 35 organization is repealed on October 1 of the 5th year after 36 enactment, unless reviewed and saved from repeal through 37 reenactment by the Legislature.Citizen support organizations38and direct-support organizations in existence on July 1, 2014,39must be reviewed by the Legislature by July 1, 2019.40 Reviser’s note.—Amended to delete obsolete language. 41 Section 2. Subsection (6) of section 20.2551, Florida 42 Statutes, is amended to read: 43 20.2551 Citizen support organizations; use of property; 44 audit; public records; partnerships.— 45(6) REPORT.—By December 1, 2019, the department shall46submit a report to the President of the Senate and the Speaker47of the House of Representatives which examines the financial48transparency, accountability, and ethics of its citizen support49organizations. The report must:50(a) Include audits for the most recent 3 fiscal years for51its citizen support organizations that are subject to audit52requirements under s. 215.981. An audit conducted after March 1,532019, must be conducted in accordance with government auditing54standards.55(b) Demonstrate that its citizen support organizations56within the Office of Resilience and Coastal Protection, as of57November 1, 2018, are in compliance with s. 20.058 and this58section.59(c) Identify any citizen support organization under60paragraph (a) or paragraph (b) that is not in compliance with s.6120.058 and this section and describe whether the department has62terminated a contract with such organization.63(d) Demonstrate how the contracts between the department64and its citizen support organizations have been revised to65comply with all relevant provisions of law.66 Reviser’s note.—Amended to delete an obsolete provision. The 67 Citizen Support Organizations Direct-Service Organizations 68 2019 Audit Report was submitted by the Division of 69 Recreation and Parks, Office of Resilience and Coastal 70 Protection, Florida Department of Environmental Regulation 71 on December 1, 2019. 72 Section 3. Subsections (8) through (38) of section 39.01, 73 Florida Statutes, are redesignated as subsections (7) through 74 (37), respectively, and present subsections (5), (6), and (7) of 75 that section are reordered and amended, to read: 76 39.01 Definitions.—When used in this chapter, unless the 77 context otherwise requires: 78 (6)(5)“Adult” means any natural person other than a child. 79 (5)(6)“Adoption” means the act of creating the legal 80 relationship between parent and child where it did not exist, 81 thereby declaring the child to be legally the child of the 82 adoptive parents and their heir at law, and entitled to all the 83 rights and privileges and subject to all the obligations of a 84 child born to the adoptive parents in lawful wedlock. 85 (38)(7)“Juvenile sexual abuse” means any sexual behavior 86 by a child which occurs without consent, without equality, or as 87 a result of coercion. For purposes of this subsection, the 88 following definitions apply: 89 (a) “Coercion” means the exploitation of authority or the 90 use of bribes, threats of force, or intimidation to gain 91 cooperation or compliance. 92 (b)(c)“Consent” means an agreement, including all of the 93 following: 94 1. Understanding what is proposed based on age, maturity, 95 developmental level, functioning, and experience. 96 2. Knowledge of societal standards for what is being 97 proposed. 98 3. Awareness of potential consequences and alternatives. 99 4. Assumption that agreement or disagreement will be 100 accepted equally. 101 5. Voluntary decision. 102 6. Mental competence. 103 (c)(b)“Equality” means two participants operating with the 104 same level of power in a relationship, neither being controlled 105 nor coerced by the other. 106 107 Juvenile sexual behavior ranges from noncontact sexual behavior 108 such as making obscene phone calls, exhibitionism, voyeurism, 109 and the showing or taking of lewd photographs to varying degrees 110 of direct sexual contact, such as frottage, fondling, digital 111 penetration, rape, fellatio, sodomy, and various other sexually 112 aggressive acts. 113 Reviser’s note.—Amended to conform with the alphabetical 114 ordering of the defined terms elsewhere in the section. 115 Section 4. Subsection (1) of section 39.302, Florida 116 Statutes, is amended to read: 117 39.302 Protective investigations of institutional child 118 abuse, abandonment, or neglect.— 119 (1) The department shall conduct a child protective 120 investigation of each report of institutional child abuse, 121 abandonment, or neglect. Upon receipt of a report that alleges 122 that an employee or agent of the department, or any other entity 123 or person covered by s. 39.01(36) or (54)39.01(37) or (54), 124 acting in an official capacity, has committed an act of child 125 abuse, abandonment, or neglect, the department shall initiate a 126 child protective investigation within the timeframe established 127 under s. 39.201(5) and notify the appropriate state attorney, 128 law enforcement agency, and licensing agency, which shall 129 immediately conduct a joint investigation, unless independent 130 investigations are more feasible. When conducting investigations 131 or having face-to-face interviews with the child, investigation 132 visits shall be unannounced unless it is determined by the 133 department or its agent that unannounced visits threaten the 134 safety of the child. If a facility is exempt from licensing, the 135 department shall inform the owner or operator of the facility of 136 the report. Each agency conducting a joint investigation is 137 entitled to full access to the information gathered by the 138 department in the course of the investigation. A protective 139 investigation must include an interview with the child’s parent 140 or legal guardian. The department shall make a full written 141 report to the state attorney within 3 working days after making 142 the oral report. A criminal investigation shall be coordinated, 143 whenever possible, with the child protective investigation of 144 the department. Any interested person who has information 145 regarding the offenses described in this subsection may forward 146 a statement to the state attorney as to whether prosecution is 147 warranted and appropriate. Within 15 days after the completion 148 of the investigation, the state attorney shall report the 149 findings to the department and shall include in the report a 150 determination of whether or not prosecution is justified and 151 appropriate in view of the circumstances of the specific case. 152 Reviser’s note.—Amended to conform to the reordering of 153 subsections in s. 39.01 by this act. 154 Section 5. Paragraph (f) of subsection (3) of section 155 39.3065, Florida Statutes, is amended to read: 156 39.3065 Sheriffs of certain counties to provide child 157 protective investigative services; procedures; funding.— 158 (3) 159 (f) The department shall produce an annual report 160 regarding, at a minimum, performance quality, outcome-measure 161 attainment, and cost efficiency of the services provided by all 162 sheriffs providing child protective investigative services. The 163 annual report shall include data and information on both the 164 sheriffs’ and the department’s performance of protective 165 investigations. The department shall submit the annual report to 166 the President of the Senate, the Speaker of the House of 167 Representatives, andtothe Governor no later than November 1 of 168 each year the sheriffs are receiving general appropriations to 169 provide child protective investigations. 170 Reviser’s note.—Amended to confirm the editorial deletion of the 171 word “to.” 172 Section 6. Paragraph (c) of subsection (1) of section 173 39.521, Florida Statutes, is amended to read: 174 39.521 Disposition hearings; powers of disposition.— 175 (1) A disposition hearing shall be conducted by the court, 176 if the court finds that the facts alleged in the petition for 177 dependency were proven in the adjudicatory hearing, or if the 178 parents or legal custodians have consented to the finding of 179 dependency or admitted the allegations in the petition, have 180 failed to appear for the arraignment hearing after proper 181 notice, or have not been located despite a diligent search 182 having been conducted. 183 (c) When any child is adjudicated by a court to be 184 dependent, the court having jurisdiction of the child has the 185 power by order to: 186 1. Require the parent and, when appropriate, the legal 187 guardian or the child to participate in treatment and services 188 identified as necessary. The court may require the person who 189 has custody or who is requesting custody of the child to submit 190 to a mental health or substance abuse disorder assessment or 191 evaluation. The order may be made only upon good cause shown and 192 pursuant to notice and procedural requirements provided under 193 the Florida Rules of Juvenile Procedure. The mental health 194 assessment or evaluation must be administered by a qualified 195 professional as defined in s. 39.01, and the substance abuse 196 assessment or evaluation must be administered by a qualified 197 professional as defined in s. 397.311. The court may also 198 require such person to participate in and comply with treatment 199 and services identified as necessary, including, when 200 appropriate and available, participation in and compliance with 201 a mental health court program established under chapter 394 or a 202 treatment-based drug court program established under s. 397.334. 203 Adjudication of a child as dependent based upon evidence of harm 204 as defined in s. 39.01(34)(g)39.01(35)(g)demonstrates good 205 cause, and the court shall require the parent whose actions 206 caused the harm to submit to a substance abuse disorder 207 assessment or evaluation and to participate and comply with 208 treatment and services identified in the assessment or 209 evaluation as being necessary. In addition to supervision by the 210 department, the court, including the mental health court program 211 or the treatment-based drug court program, may oversee the 212 progress and compliance with treatment by a person who has 213 custody or is requesting custody of the child. The court may 214 impose appropriate available sanctions for noncompliance upon a 215 person who has custody or is requesting custody of the child or 216 make a finding of noncompliance for consideration in determining 217 whether an alternative placement of the child is in the child’s 218 best interests. Any order entered under this subparagraph may be 219 made only upon good cause shown. This subparagraph does not 220 authorize placement of a child with a person seeking custody of 221 the child, other than the child’s parent or legal custodian, who 222 requires mental health or substance abuse disorder treatment. 223 2. Require, if the court deems necessary, the parties to 224 participate in dependency mediation. 225 3. Require placement of the child either under the 226 protective supervision of an authorized agent of the department 227 in the home of one or both of the child’s parents or in the home 228 of a relative of the child or another adult approved by the 229 court, or in the custody of the department. Protective 230 supervision continues until the court terminates it or until the 231 child reaches the age of 18, whichever date is first. Protective 232 supervision shall be terminated by the court whenever the court 233 determines that permanency has been achieved for the child, 234 whether with a parent, another relative, or a legal custodian, 235 and that protective supervision is no longer needed. The 236 termination of supervision may be with or without retaining 237 jurisdiction, at the court’s discretion, and shall in either 238 case be considered a permanency option for the child. The order 239 terminating supervision by the department must set forth the 240 powers of the custodian of the child and include the powers 241 ordinarily granted to a guardian of the person of a minor unless 242 otherwise specified. Upon the court’s termination of supervision 243 by the department, further judicial reviews are not required if 244 permanency has been established for the child. 245 4. Determine whether the child has a strong attachment to 246 the prospective permanent guardian and whether such guardian has 247 a strong commitment to permanently caring for the child. 248 Reviser’s note.—Amended to conform to the reordering of 249 subsections in s. 39.01 by this act. 250 Section 7. Paragraph (c) of subsection (1) of section 251 39.6012, Florida Statutes, is amended to read: 252 39.6012 Case plan tasks; services.— 253 (1) The services to be provided to the parent and the tasks 254 that must be completed are subject to the following: 255 (c) If there is evidence of harm as defined in s. 256 39.01(34)(g)39.01(35)(g), the case plan must include as a 257 required task for the parent whose actions caused the harm that 258 the parent submit to a substance abuse disorder assessment or 259 evaluation and participate and comply with treatment and 260 services identified in the assessment or evaluation as being 261 necessary. 262 Reviser’s note.—Amended to conform to the reordering of 263 subsections in s. 39.01 by this act. 264 Section 8. Section 45.035, Florida Statutes, is amended to 265 read: 266 45.035 Clerk’s fees.—In addition to other fees or service 267 charges authorized by law, the clerk shall receive service 268 charges related to the judicial sales procedure set forth in ss. 269 45.031-45.03345.031-45.034and this section: 270 (1) The clerk shall receive a service charge of $70, from 271 which the clerk shall remit $10 to the Department of Revenue for 272 deposit into the General Revenue Fund, for services in making, 273 recording, and certifying the sale and title, which service 274 charge shall be assessed as costs and shall be advanced by the 275 plaintiff before the sale. 276 (2) If there is a surplus resulting from the sale, the 277 clerk may receive the following service charges, which shall be 278 deducted from the surplus: 279 (a) The clerk may withhold the sum of $28 from the surplus 280 which may only be used for purposes of educating the public as 281 to the rights of homeowners regarding foreclosure proceedings. 282 (b) The clerk is entitled to a service charge of $15 for 283 each disbursement of surplus proceeds, from which the clerk 284 shall remit $5 to the Department of Revenue for deposit into the 285 General Revenue Fund. 286 (3) If the sale is conducted by electronic means, as 287 provided in s. 45.031(10), the clerk shall receive an additional 288 service charge not to exceed $70 for services in conducting or 289 contracting for the electronic sale, which service charge shall 290 be assessed as costs and paid when filing for an electronic sale 291 date. If the clerk requires advance electronic deposits to 292 secure the right to bid, such deposits shall not be subject to 293 the fee under s. 28.24(10). The portion of an advance deposit 294 from a winning bidder required by s. 45.031(3) shall, upon 295 acceptance of the winning bid, be subject to the fee under s. 296 28.24(10). 297 Reviser’s note.—Amended to conform to the repeal of s. 45.034 by 298 s. 3, ch. 2020-3, Laws of Florida. 299 Section 9. Paragraph (c) of subsection (4) of section 300 70.001, Florida Statutes, is amended to read: 301 70.001 Private property rights protection.— 302 (4) 303 (c) During the 90-day-notice period or the 150-day-notice 304 period, unless extended by agreement of the parties, the 305 governmental entity shall make a written settlement offer to 306 effectuate: 307 1. An adjustment of land development or permit standards or 308 other provisions controlling the development or use of land. 309 2. Increases or modifications in the density, intensity, or 310 use of areas of development. 311 3. The transfer of developmentdevelopmentalrights. 312 4. Land swaps or exchanges. 313 5. Mitigation, including payments in lieu of onsite 314 mitigation. 315 6. Location on the least sensitive portion of the property. 316 7. Conditioning the amount of development or use permitted. 317 8. A requirement that issues be addressed on a more 318 comprehensive basis than a single proposed use or development. 319 9. Issuance of the development order, a variance, special 320 exception, or other extraordinary relief. 321 10. Purchase of the real property, or an interest therein, 322 by an appropriate governmental entity or payment of 323 compensation. 324 11. No changes to the action of the governmental entity. 325 326 If the property owner accepts a settlement offer, either before 327 or after filing an action, the governmental entity may implement 328 the settlement offer by appropriate development agreement; by 329 issuing a variance, special exception, or other extraordinary 330 relief; or by other appropriate method, subject to paragraph 331 (d). 332 Reviser’s note.—Amended to conform to general usage in statutory 333 provisions referencing development rights. 334 Section 10. Paragraph (b) of subsection (16) of section 335 215.555, Florida Statutes, is amended to read: 336 215.555 Florida Hurricane Catastrophe Fund.— 337 (16) FACILITATION OF INSURERS’ PRIVATE CONTRACT 338 NEGOTIATIONS BEFORE THE START OF THE HURRICANE SEASON.— 339 (b) The board shall adopt the reimbursement contract for a 340 particular contract year by February 1 of the immediately 341 preceding contract year.However, the reimbursement contract342shall be adopted as soon as possible in advance of the 2010-2011343contract year.344 Reviser’s note.—Amended to delete obsolete language. 345 Section 11. Subsection (7) of section 215.985, Florida 346 Statutes, is amended to read: 347 215.985 Transparency in government spending.— 348 (7) By November 1 of each year,2013, andannually349thereafter, the committee shall recommend to the President of 350 the Senate and the Speaker of the House of Representatives: 351 (a) Additional information to be added to a website, such 352 as whether to expand the scope of the information provided to 353 include state universities, Florida College System institutions, 354 school districts, charter schools, charter technical career 355 centers, local government units, and other governmental 356 entities. 357 (b) A schedule for adding information to the website by 358 type of information and governmental entity, including 359 timeframes and development entity. 360 (c) A format for collecting and displaying the additional 361 information. 362 Reviser’s note.—Amended to delete obsolete language. 363 Section 12. Paragraph (t) of subsection (1) of section 364 220.03, Florida Statutes, is amended to read: 365 220.03 Definitions.— 366 (1) SPECIFIC TERMS.—When used in this code, and when not 367 otherwise distinctly expressed or manifestly incompatible with 368 the intent thereof, the following terms shall have the following 369 meanings: 370 (t) “Project” means any activity undertaken by an eligible 371 sponsor, as defined in s. 220.183(2)(c), which is designed to 372 construct, improve, or substantially rehabilitate housing that 373 is affordable to low-income or very-low-income households as 374 defined in s. 420.9071(20) and (30)420.9071(19) and (28); 375 designed to provide housing opportunities for persons with 376 special needs as defined in s. 420.0004; designed to provide 377 commercial, industrial, or public resources and facilities; or 378 designed to improve entrepreneurial and job-development 379 opportunities for low-income persons. A project may be the 380 investment necessary to increase access to high-speed broadband 381 capability in a rural community that had an enterprise zone 382 designated pursuant to chapter 290 as of May 1, 2015, including 383 projects that result in improvements to communications assets 384 that are owned by a business. A project may include the 385 provision of museum educational programs and materials that are 386 directly related to any project approved between January 1, 387 1996, and December 31, 1999, and located in an area that was in 388 an enterprise zone designated pursuant to s. 290.0065 as of May 389 1, 2015. This paragraph does not preclude projects that propose 390 to construct or rehabilitate low-income or very-low-income 391 housing on scattered sites or housing opportunities for persons 392 with special needs as defined in s. 420.0004. With respect to 393 housing, contributions may be used to pay the following eligible 394 project-related activities: 395 1. Project development, impact, and management fees for 396 special needs, low-income, or very-low-income housing projects; 397 2. Down payment and closing costs for eligible persons, as 398 defined in s. 420.9071(20) and (30)420.9071(19) and (28); 399 3. Administrative costs, including housing counseling and 400 marketing fees, not to exceed 10 percent of the community 401 contribution, directly related to special needs, low-income, or 402 very-low-income projects; and 403 4. Removal of liens recorded against residential property 404 by municipal, county, or special-district local governments when 405 satisfaction of the lien is a necessary precedent to the 406 transfer of the property to an eligible person, as defined in s. 407 420.9071(20) and (30)420.9071(19) and (28), for the purpose of 408 promoting home ownership. Contributions for lien removal must be 409 received from a nonrelated third party. 410 Reviser’s note.—Amended to conform to the reordering of 411 definitions in s. 420.9071 by this act. 412 Section 13. Paragraphs (b) and (d) of subsection (2) of 413 section 220.183, Florida Statutes, are amended to read: 414 220.183 Community contribution tax credit.— 415 (2) ELIGIBILITY REQUIREMENTS.— 416 (b)1. All community contributions must be reserved 417 exclusively for use in projects as defined in s. 220.03(1)(t). 418 2. If, during the first 10 business days of the state 419 fiscal year, eligible tax credit applications for projects that 420 provide housing opportunities for persons with special needs as 421 defined in s. 420.0004 or homeownership opportunities for low 422 income or very-low-income households as defined in s. 423 420.9071(20) and (30)420.9071(19) and (28)are received for 424 less than the annual tax credits available for those projects, 425 the Department of Economic Opportunity shall grant tax credits 426 for those applications and shall grant remaining tax credits on 427 a first-come, first-served basis for any subsequent eligible 428 applications received before the end of the state fiscal year. 429 If, during the first 10 business days of the state fiscal year, 430 eligible tax credit applications for projects that provide 431 housing opportunities for persons with special needs as defined 432 in s. 420.0004 or homeownership opportunities for low-income or 433 very-low-income households as defined in s. 420.9071(20) and 434 (30)420.9071(19) and (28)are received for more than the annual 435 tax credits available for those projects, the Department of 436 Economic Opportunity shall grant the tax credits for those 437 applications as follows: 438 a. If tax credit applications submitted for approved 439 projects of an eligible sponsor do not exceed $200,000 in total, 440 the credit shall be granted in full if the tax credit 441 applications are approved. 442 b. If tax credit applications submitted for approved 443 projects of an eligible sponsor exceed $200,000 in total, the 444 amount of tax credits granted under sub-subparagraph a. shall be 445 subtracted from the amount of available tax credits, and the 446 remaining credits shall be granted to each approved tax credit 447 application on a pro rata basis. 448 3. If, during the first 10 business days of the state 449 fiscal year, eligible tax credit applications for projects other 450 than those that provide housing opportunities for persons with 451 special needs as defined in s. 420.0004 or homeownership 452 opportunities for low-income or very-low-income households as 453 defined in s. 420.9071(20) and (30)420.9071(19) and (28)are 454 received for less than the annual tax credits available for 455 those projects, the Department of Economic Opportunity shall 456 grant tax credits for those applications and shall grant 457 remaining tax credits on a first-come, first-served basis for 458 any subsequent eligible applications received before the end of 459 the state fiscal year. If, during the first 10 business days of 460 the state fiscal year, eligible tax credit applications for 461 projects other than those that provide housing opportunities for 462 persons with special needs as defined in s. 420.0004 or 463 homeownership opportunities for low-income or very-low-income 464 households as defined in s. 420.9071(20) and (30)420.9071(19)465and (28)are received for more than the annual tax credits 466 available for those projects, the Department of Economic 467 Opportunity shall grant the tax credits for those applications 468 on a pro rata basis. 469 (d) The project shall be located in an area that was 470 designated as an enterprise zone pursuant to chapter 290 as of 471 May 1, 2015, or a Front Porch Florida Community. Any project 472 designed to construct or rehabilitate housing for low-income or 473 very-low-income households as defined in s. 420.9071(20) and 474 (30)420.9071(19) and (28)or provide housing opportunities for 475 persons with special needs as defined in s. 420.0004 is exempt 476 from the area requirement of this paragraph. This section does 477 not preclude projects that propose to construct or rehabilitate 478 housing for low-income or very-low-income households on 479 scattered sites or provide housing opportunities for persons 480 with special needs. Any project designed to provide increased 481 access to high-speed broadband capabilities which includes 482 coverage of a rural enterprise zone may locate the project’s 483 infrastructure in any area of a rural county. 484 Reviser’s note.—Amended to conform to the reordering of 485 definitions in s. 420.9071 by this act. 486 Section 14. Subsection (2) of section 252.355, Florida 487 Statutes, is amended to read: 488 252.355 Registry of persons with special needs; notice; 489 registration program.— 490 (2) In order to ensure that all persons with special needs 491 may register, the division shall develop and maintain a special 492 needs shelter registration program.The registration program493must be developed by January 1, 2015, and fully implemented by494March 1, 2015.495 (a) The registration program shall include, at a minimum, a 496 uniform electronic registration form and a database for 497 uploading and storing submitted registration forms that may be 498 accessed by the appropriate local emergency management agency. 499 The link to the registration form shall be easily accessible on 500 each local emergency management agency’s website. Upon receipt 501 of a paper registration form, the local emergency management 502 agency shall enter the person’s registration information into 503 the database. 504 (b) To assist in identifying persons with special needs, 505 home health agencies, hospices, nurse registries, home medical 506 equipment providers, the Department of Children and Families, 507 the Department of Health, the Agency for Health Care 508 Administration, the Department of Education, the Agency for 509 Persons with Disabilities, the Department of Elderly Affairs, 510 and memory disorder clinics shall, and any physician licensed 511 under chapter 458 or chapter 459 and any pharmacy licensed under 512 chapter 465 may, annually provide registration information to 513 all of their special needs clients or their caregivers. The 514 division shall develop a brochure that provides information 515 regarding special needs shelter registration procedures. The 516 brochure must be easily accessible on the division’s website. 517 All appropriate agencies and community-based service providers, 518 including aging and disability resource centers, memory disorder 519 clinics, home health care providers, hospices, nurse registries, 520 and home medical equipment providers, shall, and any physician 521 licensed under chapter 458 or chapter 459 may, assist emergency 522 management agencies by annually registering persons with special 523 needs for special needs shelters, collecting registration 524 information for persons with special needs as part of the 525 program intake process, and establishing programs to educate 526 clients about the registration process and disaster preparedness 527 safety procedures. A client of a state-funded or federally 528 funded service program who has a physical, mental, or cognitive 529 impairment or sensory disability and who needs assistance in 530 evacuating, or when in a shelter, must register as a person with 531 special needs. The registration program shall give persons with 532 special needs the option of preauthorizing emergency response 533 personnel to enter their homes during search and rescue 534 operations if necessary to ensure their safety and welfare 535 following disasters. 536 (c) The division shall be the designated lead agency 537 responsible for community education and outreach to the public, 538 including special needs clients, regarding registration and 539 special needs shelters and general information regarding shelter 540 stays. 541 (d) On or before May 31 of each year, each electric utility 542 in the state shall annually notify residential customers in its 543 service area of the availability of the registration program 544 available through their local emergency management agency by: 545 1. An initial notification upon the activation of new 546 residential service with the electric utility, followed by one 547 annual notification between January 1 and May 31; or 548 2. Two separate annual notifications between January 1 and 549 May 31. 550 551 The notification may be made by any available means, including, 552 but not limited to, written, electronic, or verbal notification, 553 and may be made concurrently with any other notification to 554 residential customers required by law or rule. 555 Reviser’s note.—Amended to delete obsolete language. 556 Section 15. Subsection (8) of section 253.0341, Florida 557 Statutes, is amended to read: 558 253.0341 Surplus of state-owned lands.— 559 (8) The sale price of lands determined to be surplus 560 pursuant to this section and s. 253.82 shall be determined by 561 the Division of State Lands, which shall consider an appraisal 562 of the property or, if the estimated value of the land is 563 $500,000 or less, a comparable sales analysis or a broker’s 564 opinion of value. The value must be based on the highest and 565 best use of the property, considering all applicable development 566developmentalrights, to ensure the maximum benefit and use to 567 the state as provided in s. 253.03(7)(a). The division may 568 require a second appraisal. The individual or entity that 569 requests to purchase the surplus parcel shall pay all costs 570 associated with determining the property’s value, if any. As 571 used in this subsection, the term “highest and best use” means 572 the reasonable, probable, and legal use of vacant land or an 573 improved property which is physically possible, appropriately 574 supported, financially feasible, and results in the highest 575 value. 576 (a) A written valuation of land determined to be surplus 577 pursuant to this section and s. 253.82, and related documents 578 used to form the valuation or which pertain to the valuation, 579 are confidential and exempt from s. 119.07(1) and s. 24(a), Art. 580 I of the State Constitution. 581 1. The exemption expires 2 weeks before the contract or 582 agreement regarding the purchase, exchange, or disposal of the 583 surplus land is first considered for approval by the board of 584 trustees. 585 2. Before expiration of the exemption, the Division of 586 State Lands may disclose confidential and exempt appraisals, 587 valuations, or valuation information regarding surplus land: 588 a. During negotiations for the sale or exchange of the 589 land; 590 b. During the marketing effort or bidding process 591 associated with the sale, disposal, or exchange of the land to 592 facilitate closure of such effort or process; 593 c. When the passage of time has made the conclusions of 594 value invalid; or 595 d. When negotiations or marketing efforts concerning the 596 land are concluded. 597 (b) A unit of government that acquires title to lands 598 pursuant to this section for less than appraised value may not 599 sell or transfer title to all or any portion of the lands to any 600 private owner for 10 years. A unit of government seeking to 601 transfer or sell lands pursuant to this paragraph must first 602 allow the board of trustees to reacquire such lands for the 603 price at which the board of trustees sold such lands. 604 Reviser’s note.—Amended to conform to general usage in statutory 605 provisions referencing development rights. 606 Section 16. Subsection (1) of section 258.3991, Florida 607 Statutes, is amended to read: 608 258.3991 Nature Coast Aquatic Preserve.— 609 (1) DESIGNATION.—The area described in subsection (2) which 610 lies within Citrus, Hernando, and Pasco Counties is designated 611 by the Legislature for inclusion in the aquatic preserve system 612 under the Florida Aquatic Preserve Act of 1975 and as an 613 Outstanding Florida Water pursuant to s. 403.061(28)403.061(27)614 and shall be known as the “Nature Coast Aquatic Preserve.” It is 615 the intent of the Legislature that the Nature Coast Aquatic 616 Preserve be preserved in an essentially natural condition so 617 that its biological and aesthetic values may endure for the 618 enjoyment of future generations. This section may not be 619 construed to impose additional permitting requirements for 620 county or state projects under the Resources and Ecosystems 621 Sustainability, Tourist Opportunities, and Revived Economies of 622 the Gulf Coast Act of 2012 (RESTORE Act) that are funded 623 pursuant to 33 U.S.C. s. 1321(t)(3). 624 Reviser’s note.—Amended to conform to the redesignation of 625 subsections in s. 403.061 by s. 10, ch. 2020-150, Laws of 626 Florida; s. 403.061(28) relates to Outstanding Florida 627 Waters. 628 Section 17. Section 288.9619, Florida Statutes, is amended 629 to read: 630 288.9619 Conflicts of interest.—If any director has a 631 direct or indirect interest associated with any party to an 632 application on which the corporation has taken or will take 633 action in exercising its power for the issuance of revenue bonds 634 or other evidences of indebtedness, such interest must be 635 publicly disclosed to the corporation and set forth in the 636 minutes of the corporation. The director whothathas such 637 interest may not participate in any action by the corporation 638 with respect to such party and application. 639 Reviser’s note.—Amended to confirm the editorial substitution of 640 the word “who” for the word “that” to conform to context. 641 Section 18. Paragraph (c) of subsection (9) of section 642 324.021, Florida Statutes, is amended to read: 643 324.021 Definitions; minimum insurance required.—The 644 following words and phrases when used in this chapter shall, for 645 the purpose of this chapter, have the meanings respectively 646 ascribed to them in this section, except in those instances 647 where the context clearly indicates a different meaning: 648 (9) OWNER; OWNER/LESSOR.— 649 (c) Application.— 650 1. The limits on liability in subparagraphs (b)2. and 3. do 651 not apply to an owner of motor vehicles that are used for 652 commercial activity in the owner’s ordinary course of business, 653 other than a rental company that rents or leases motor vehicles. 654 For purposes of this paragraph, the term “rental company” 655 includes only an entity that is engaged in the business of 656 renting or leasing motor vehicles to the general public and that 657 rents or leases a majority of its motor vehicles to persons with 658 no direct or indirect affiliation with the rental company. The 659 term “rental company” also includes: 660 a. A related rental or leasing company that is a subsidiary 661 of the same parent company as that of the renting or leasing 662 company that rented or leased the vehicle. 663 b. The holder of a motor vehicle title or an equity 664 interest in a motor vehicle title if the title or equity 665 interest is held pursuant to or to facilitate an asset-backed 666 securitization of a fleet of motor vehicles used solely in the 667 business of renting or leasing motor vehicles to the general 668 public and under the dominion and control of a rental company, 669 as described in this subparagraph, in the operation of such 670 rental company’s business. 671 2. Furthermore, with respect to commercial motor vehicles 672 as defined in s. 627.732, the limits on liability in 673 subparagraphs (b)2. and 3. do not apply if, at the time of the 674 incident, the commercial motor vehicle is being used in the 675 transportation of materials found to be hazardous for the 676 purposes of the Hazardous Materials Transportation Authorization 677 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is 678 required pursuant to such act to carry placards warning others 679 of the hazardous cargo, unless at the time of lease or rental 680 either: 681 a. The lessee indicates in writing that the vehicle will 682 not be used to transport materials found to be hazardous for the 683 purposes of the Hazardous Materials Transportation Authorization 684 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or 685 b. The lessee or other operator of the commercial motor 686 vehicle has in effect insurance with limits of at least 687 $5,000,000 combined property damage and bodily injury liability. 688 3.a. A motor vehicle dealer, or a motor vehicle dealer’s 689 leasing or rental affiliate, that provides a temporary 690 replacement vehicle at no charge or at a reasonable daily charge 691 to a service customer whose vehicle is being held for repair, 692 service, or adjustment by the motor vehicle dealer is immune 693 from any cause of action and is not liable, vicariously or 694 directly, under general law solely by reason of being the owner 695 of the temporary replacement vehicle for harm to persons or 696 property that arises out of the use, or operation, of the 697 temporary replacement vehicle by any person during the period 698 the temporary replacement vehicle has been entrusted to the 699 motor vehicle dealer’s service customer if there is no 700 negligence or criminal wrongdoing on the part of the motor 701 vehicle owner, or its leasing or rental affiliate. 702 b. For purposes of this section, and notwithstanding any 703 other provision of general law, a motor vehicle dealer, or a 704 motor vehicle dealer’s leasing or rental affiliate, that gives 705 possession, control, or use of a temporary replacement vehicle 706 to a motor vehicle dealer’s service customer may not be adjudged 707 liable in a civil proceeding absent negligence or criminal 708 wrongdoing on the part of the motor vehicle dealer, or the motor 709 vehicle dealer’s leasing or rental affiliate, if the motor 710 vehicle dealer or the motor vehicle dealer’s leasing or rental 711 affiliate executes a written rental or use agreement and obtains 712 from the person receiving the temporary replacement vehicle a 713 copy of the person’s driver license and insurance information 714 reflecting at least the minimum motor vehicle insurance coverage 715 required in the state. Any subsequent determination that the 716 driver license or insurance information provided to the motor 717 vehicle dealer, or the motor vehicle dealer’s leasing or rental 718 affiliate, was in any way false, fraudulent, misleading, 719 nonexistent, canceled, not in effect, or invalid does not alter 720 or diminish the protections provided by this section, unless the 721 motor vehicle dealer, or the motor vehicle dealer’s leasing or 722 rental affiliate, had actual knowledge thereof at the time 723 possession of the temporary replacement vehicle was provided. 724 c. For purposes of this subparagraph, the term “service 725 customer” does not include an agent or a principal of a motor 726 vehicle dealer or a motor vehicle dealer’s leasing or rental 727 affiliate, and does not include an employee of a motor vehicle 728 dealer or a motor vehicle dealer’s leasing or rental affiliate 729 unless the employee was provided a temporary replacement 730 vehicle: 731 (I) While the employee’s personal vehicle was being held 732 for repair, service, or adjustment by the motor vehicle dealer; 733 (II) In the same manner as other customers who are provided 734 a temporary replacement vehicle while the customer’s vehicle is 735 being held for repair, service, or adjustment; and 736 (III) The employee was not acting within the course and 737 scope of his or hertheiremployment. 738 Reviser’s note.—Amended to conform to the immediately preceding 739 context. 740 Section 19. Subsection (3) of section 364.336, Florida 741 Statutes, is amended to read: 742 364.336 Regulatory assessment fees.— 743 (3) By January 15 of each year, 2012, andannually744thereafter, the commission must report to the Governor, the 745 President of the Senate, and the Speaker of the House of 746 Representatives, providing a detailed description of its efforts 747 to reduce the regulatory assessment fee for telecommunications 748 companies, including a detailed description of the regulatory 749 activities that are no longer required; the commensurate 750 reduction in costs associated with this reduction in regulation; 751 the regulatory activities that continue to be required under 752 this chapter; and the costs associated with those regulatory 753 activities. 754 Reviser’s note.—Amended to delete obsolete language. 755 Section 20. Subsection (6) of section 365.179, Florida 756 Statutes, is amended to read: 757 365.179 Direct radio communication between 911 public 758 safety answering points and first responders.— 759(6) By January 1, 2020, each sheriff shall provide to the760Department of Law Enforcement:761(a) A copy of each interlocal agreement made between the762primary first responder agencies within his or her county763pursuant to this section; and764(b) Written certification that all PSAPs in his or her765county are in compliance with this section.766 Reviser’s note.—Amended to delete an obsolete provision. 767 Section 21. Paragraphs (b) and (c) of subsection (3) of 768 section 373.41492, Florida Statutes, are amended to read: 769 373.41492 Miami-Dade County Lake Belt Mitigation Plan; 770 mitigation for mining activities within the Miami-Dade County 771 Lake Belt.— 772 (3) The mitigation fee and the water treatment plant 773 upgrade fee imposed by this section must be reported to the 774 Department of Revenue. Payment of the mitigation and the water 775 treatment plant upgrade fees must be accompanied by a form 776 prescribed by the Department of Revenue. 777 (b) The proceeds of the water treatment plant upgrade fee, 778 less administrative costsand less 2 cents per ton transferred779pursuant toparagraph (c), must be transferred by the Department 780 of Revenue to a trust fund established by Miami-Dade County, for 781 the sole purpose authorized by paragraph (6)(a). 782(c) Until December 1, 2016, or until funding for the study783is complete, whichever comes earlier, 2 cents per ton, not to784exceed $300,000, shall be transferred by the Department of785Revenue to the State Fire Marshal to be used to fund the study786required under s. 552.30 to review the established statewide787ground vibration limits for construction materials mining788activities and to review any legitimate claims paid for damages789caused by such mining activities. Any amount not used to fund790the study shall be transferred to the trust fund established by791Miami-Dade County, for the sole purpose authorized by paragraph792(6)(a).793 Reviser’s note.—Amended to conform to the repeal of s. 552.30(3) 794 relating to the referenced study by this act; the final 795 study was submitted to the Division of State Fire Marshal 796 in July 2018. 797 Section 22. Paragraph (a) of subsection (4) of section 798 379.2426, Florida Statutes, is amended to read: 799 379.2426 Regulation of shark fins; penalties.— 800 (4) The prohibitions under subsection (3) do not apply to 801 any of the following: 802 (a) The sale of shark fins by any commercial fisher 803fishermanwho harvested sharks from a vessel holding a valid 804 federal shark fishing permit on January 1, 2020. 805 Reviser’s note.—Amended to conform to usage in the Florida 806 Statutes and to the directive of the Legislature to remove 807 gender-specific references from the Florida Statutes by s. 808 1, ch. 93-199, Laws of Florida. 809 Section 23. Subsection (9) of section 381.925, Florida 810 Statutes, is amended to read: 811 381.925 Cancer Center of Excellence Award.— 812 (9) The State Surgeon General shall report to the President 813 of the Senate and the Speaker of the House of Representativesby814January 31, 2014, the status of implementing the Cancer Center815of Excellence Award program, andby December 15 of each year 816annuallythereafter, the number of applications received, the 817 number of award recipients by application cycle, a list of award 818 recipients, and recommendations to strengthen the Cancer Center 819 of Excellence Award program. 820 Reviser’s note.—Amended to delete obsolete language. The Cancer 821 Center of Excellence Award Implementation Report was 822 submitted by the State Surgeon General on January 31, 2014. 823 Section 24. Effective July 1, 2021, subsection (2) of 824 section 393.066, Florida Statutes, as amended by section 2 of 825 chapter 2020-71, Laws of Florida, effective July 1, 2021, is 826 amended to read: 827 393.066 Community services and treatment.— 828 (2) Necessary services shall be purchased, rather than 829 provided directly by the agency, when the purchase of services 830 is more cost-efficient than providing them directly. All 831 purchased services must be approved by the agency. As a 832 condition of payment and before billing, persons or entities 833 under contract with the agency to provide services shall use 834 agency data management systems to document service provision to 835 clients and shall use such systems to bill for services. 836 Contracted persons and entities shall meet the minimum hardware 837 and software technical requirements established by the agency 838 for the use of such systems. Such persons or entities shall also 839 meet any requirements established by the agency for training and 840 professional development of staff providing direct services to 841 clients. 842 Reviser’s note.—Amended, effective July 1, 2021, as amended by 843 s. 2, ch. 2020-71, Laws of Florida, effective July 1, 2021, 844 to confirm the editorial insertion of the word “and” to 845 improve clarity. 846 Section 25. Subsections (14), (15), (16), and (18) of 847 section 400.462, Florida Statutes, are reordered and amended to 848 read: 849 400.462 Definitions.—As used in this part, the term: 850 (14)(15)“Home health aide” means a person who is trained 851 or qualified, as provided by rule, and who provides hands-on 852 personal care, performs simple procedures as an extension of 853 therapy or nursing services, assists in ambulation or exercises, 854 assists in administering medications as permitted in rule and 855 for which the person has received training established by the 856 agency under this part, or performs tasks delegated to him or 857 her under chapter 464. 858 (15)(14)“Home health services” means health and medical 859 services and medical supplies furnished to an individual in the 860 individual’s home or place of residence. The term includes the 861 following: 862 (a) Nursing care. 863 (b) Physical, occupational, respiratory, or speech therapy. 864 (c) Home health aide services. 865 (d) Dietetics and nutrition practice and nutrition 866 counseling. 867 (e) Medical supplies, restricted to drugs and biologicals 868 prescribed by a physician. 869 (16)(18)“Home infusion therapy” means the administration 870 of intravenous pharmacological or nutritional products to a 871 patient in his or her home. 872 (18)(16)“Homemaker” means a person who performs household 873 chores that include housekeeping, meal planning and preparation, 874 shopping assistance, and routine household activities for an 875 elderly, handicapped, or convalescent individual. A homemaker 876 may not provide hands-on personal care to a client. 877 Reviser’s note.—Amended to conform with the alphabetical 878 ordering of the defined terms elsewhere in the section. 879 Section 26. Effective July 1, 2021, subsection (6) of 880 section 400.962, Florida Statutes, is amended to read: 881 400.962 License required; license application.— 882 (6) An applicant that has been granted a certificate-of 883 need exemption under s. 408.036(3)(n)408.036(3)(o)must also 884 demonstrate and maintain compliance with the following criteria: 885 (a) The total number of beds per home within the facility 886 may not exceed eight, with each resident having his or her own 887 bedroom and bathroom. Each eight-bed home must be colocated on 888 the same property with two other eight-bed homes and must serve 889 individuals with severe maladaptive behaviors and co-occurring 890 psychiatric diagnoses. 891 (b) A minimum of 16 beds within the facility must be 892 designated for individuals with severe maladaptive behaviors who 893 have been assessed using the Agency for Persons with 894 Disabilities’ Global Behavioral Service Need Matrix with a score 895 of at least Level 4 and up to Level 6, or assessed using the 896 criteria deemed appropriate by the Agency for Health Care 897 Administration regarding the need for a specialized placement in 898 an intermediate care facility for the developmentally disabled. 899 For home and community-based Medicaid waiver clients under 900 chapter 393, the Agency for Persons with Disabilities shall 901 offer choice counseling to clients regarding appropriate 902 residential placement based on the needs of the individual. 903 (c) The applicant has not had a facility license denied, 904 revoked, or suspended within the 36 months preceding the request 905 for exemption. 906 (d) The applicant must have at least 10 years of experience 907 serving individuals with severe maladaptive behaviors in the 908 state. 909 (e) The applicant must implement a state-approved staff 910 training curriculum and monitoring requirements specific to the 911 individuals whose behaviors require higher intensity, frequency, 912 and duration of services. 913 (f) The applicant must make available medical and nursing 914 services 24 hours per day, 7 days per week. 915 (g) The applicant must demonstrate a history of using 916 interventions that are least restrictive and that follow a 917 behavioral hierarchy. 918 (h) The applicant must maintain a policy prohibiting the 919 use of mechanical restraints. 920 Reviser’s note.—Amended effective July 1, 2021, to conform to 921 the repeal of current paragraph (3)(l) by s. 14, ch. 2019 922 136, Laws of Florida, effective July 1, 2021. 923 Section 27. Subsection (4) of section 401.45, Florida 924 Statutes, is amended to read: 925 401.45 Denial of emergency treatment; civil liability.— 926 (4) Any licensee or emergency medical technician or 927 paramedic who in good faith provides emergency medical care or 928 treatment within the scope oftheiremployment and pursuant to 929 oral or written instructions of a medical director shall be 930 deemed to be providing emergency medical care or treatment for 931 the purposes of s. 768.13(2)(b). 932 Reviser’s note.—Amended to conform to the immediately preceding 933 context. 934 Section 28. Subsection (1) of section 402.402, Florida 935 Statutes, is amended to read: 936 402.402 Child protection and child welfare personnel; 937 attorneys employed by the department.— 938 (1) CHILD PROTECTIVE INVESTIGATION PROFESSIONAL STAFF 939 REQUIREMENTS.—The department is responsible for recruitment of 940 qualified professional staff to serve as child protective 941 investigators and child protective investigation supervisors. 942 The department shall make every effort to recruit and hire 943 persons qualified by their education and experience to perform 944 social work functions. The department’s efforts shall be guided 945 by the goal that at least half of all child protective 946 investigators and supervisors will have a bachelor’s degree or a 947 master’s degree in social work from a college or university 948 social work program accredited by the Council on Social Work 949 Education. The department, in collaboration with the lead 950 agencies, subcontracted provider organizations, the Florida 951 Institute for Child Welfare created pursuant to s. 1004.615, and 952 other partners in the child welfare system, shall develop a 953 protocol for screening candidates for child protective positions 954 which reflects the preferences specified in paragraphs (a)-(c) 955paragraphs (a)-(f). The following persons shall be given 956 preference in the recruitment of qualified professional staff, 957 but the preferences serve only as guidance and do not limit the 958 department’s discretion to select the best available candidates: 959 (a) Individuals with baccalaureate degrees in social work 960 and child protective investigation supervisors with master’s 961 degrees in social work from a college or university social work 962 program accredited by the Council on Social Work Education. 963 (b) Individuals with baccalaureate or master’s degrees in 964 psychology, sociology, counseling, special education, education, 965 human development, child development, family development, 966 marriage and family therapy, and nursing. 967 (c) Individuals with baccalaureate degrees who have a 968 combination of directly relevant work and volunteer experience, 969 preferably in a public service field related to children’s 970 services, demonstrating critical thinking skills, formal 971 assessment processes, communication skills, problem solving, and 972 empathy; a commitment to helping children and families; a 973 capacity to work as part of a team; an interest in continuous 974 development of skills and knowledge; and personal strength and 975 resilience to manage competing demands and handle workplace 976 stresses. 977 Reviser’s note.—Amended to confirm the editorial substitution of 978 a reference to paragraphs (a)-(c) for a reference to 979 paragraphs (a)-(f). Amendment 292200 to C.S. for S.B. 1666, 980 2014 Regular Session, combined the subjects of paragraphs 981 (d)-(f) relating to preference in recruitment of child 982 protective investigation professional staff in paragraph 983 (c) but failed to update the cross-reference in the 984 introductory paragraph of subsection (1). Committee 985 Substitute for S.B. 1666 became ch. 2014-224, Laws of 986 Florida. 987 Section 29. Subsection (3) of section 403.726, Florida 988 Statutes, is amended to read: 989 403.726 Abatement of imminent hazard caused by hazardous 990 substance.— 991 (3) An imminent hazard exists if any hazardous substance 992 creates an immediate and substantial danger to human health, 993 safety, or welfare or to the environment. The department may 994 institute action in its own name, using the procedures and 995 remedies of s. 403.121 or s. 403.131, to abate an imminent 996 hazard. However, the department is authorized to recover a civil 997 penalty of not more than $37,500 for each day of continued 998 violation. Whenever serious harm to human health, safety, and 999 welfare; the environment; or private or public property may 1000 occur before completion of an administrative hearing or other 1001 formal proceeding thatwhichmight be initiated to abate the 1002 risk of serious harm, the department may obtain, ex parte, an 1003 injunction without paying filing and service fees before the 1004 filing and service of process. 1005 Reviser’s note.—Amended to confirm the editorial deletion of the 1006 word “which” to correct an apparent error. 1007 Section 30. Effective July 1, 2021, subsection (2) and 1008 paragraphs (l) and (m) of subsection (3) of section 408.036, 1009 Florida Statutes, as amended by s. 14, ch. 2019-136, Laws of 1010 Florida, effective July 1, 2021, are reenacted to read: 1011 408.036 Projects subject to review; exemptions.— 1012 (2) PROJECTS SUBJECT TO EXPEDITED REVIEW.—Unless exempt 1013 pursuant to subsection (3), the following projects are subject 1014 to expedited review: 1015 (a) Transfer of a certificate of need. 1016 (b) Replacement of a nursing home, if the proposed project 1017 site is within a 30-mile radius of the replaced nursing home. If 1018 the proposed project site is outside the subdistrict where the 1019 replaced nursing home is located, the prior 6-month occupancy 1020 rate for licensed community nursing homes in the proposed 1021 subdistrict must be at least 85 percent in accordance with the 1022 agency’s most recently published inventory. 1023 (c) Replacement of a nursing home within the same district, 1024 if the proposed project site is outside a 30-mile radius of the 1025 replaced nursing home but within the same subdistrict or a 1026 geographically contiguous subdistrict. If the proposed project 1027 site is in the geographically contiguous subdistrict, the prior 1028 6-month occupancy rate for licensed community nursing homes for 1029 that subdistrict must be at least 85 percent in accordance with 1030 the agency’s most recently published inventory. 1031 (d) Relocation of a portion of a nursing home’s licensed 1032 beds to another facility or to establish a new facility within 1033 the same district or within a geographically contiguous 1034 district, if the relocation is within a 30-mile radius of the 1035 existing facility and the total number of nursing home beds in 1036 the state does not increase. 1037 (e) New construction of a community nursing home in a 1038 retirement community as further provided in this paragraph. 1039 1. Expedited review under this paragraph is available if 1040 all of the following criteria are met: 1041 a. The residential use area of the retirement community is 1042 deed-restricted as housing for older persons as defined in s. 1043 760.29(4)(b). 1044 b. The retirement community is located in a county in which 1045 25 percent or more of its population is age 65 and older. 1046 c. The retirement community is located in a county that has 1047 a rate of no more than 16.1 beds per 1,000 persons age 65 years 1048 or older. The rate shall be determined by using the current 1049 number of licensed and approved community nursing home beds in 1050 the county per the agency’s most recent published inventory. 1051 d. The retirement community has a population of at least 1052 8,000 residents within the county, based on a population data 1053 source accepted by the agency. 1054 e. The number of proposed community nursing home beds in an 1055 application does not exceed the projected bed need after 1056 applying the rate of 16.1 beds per 1,000 persons aged 65 years 1057 and older projected for the county 3 years into the future using 1058 the estimates adopted by the agency reduced by the agency’s most 1059 recently published inventory of licensed and approved community 1060 nursing home beds in the county. 1061 2. No more than 120 community nursing home beds shall be 1062 approved for a qualified retirement community under each request 1063 for expedited review. Subsequent requests for expedited review 1064 under this process may not be made until 2 years after 1065 construction of the facility has commenced or 1 year after the 1066 beds approved through the initial request are licensed, 1067 whichever occurs first. 1068 3. The total number of community nursing home beds which 1069 may be approved for any single deed-restricted community 1070 pursuant to this paragraph may not exceed 240, regardless of 1071 whether the retirement community is located in more than one 1072 qualifying county. 1073 4. Each nursing home facility approved under this paragraph 1074 must be dually certified for participation in the Medicare and 1075 Medicaid programs. 1076 5. Each nursing home facility approved under this paragraph 1077 must be at least 1 mile, as measured over publicly owned 1078 roadways, from an existing approved and licensed community 1079 nursing home. 1080 6. A retirement community requesting expedited review under 1081 this paragraph shall submit a written request to the agency for 1082 expedited review. The request must include the number of beds to 1083 be added and provide evidence of compliance with the criteria 1084 specified in subparagraph 1. 1085 7. After verifying that the retirement community meets the 1086 criteria for expedited review specified in subparagraph 1., the 1087 agency shall publicly notice in the Florida Administrative 1088 Register that a request for an expedited review has been 1089 submitted by a qualifying retirement community and that the 1090 qualifying retirement community intends to make land available 1091 for the construction and operation of a community nursing home. 1092 The agency’s notice must identify where potential applicants can 1093 obtain information describing the sales price of, or terms of 1094 the land lease for, the property on which the project will be 1095 located and the requirements established by the retirement 1096 community. The agency notice must also specify the deadline for 1097 submission of the certificate-of-need application, which may not 1098 be earlier than the 91st day or later than the 125th day after 1099 the date the notice appears in the Florida Administrative 1100 Register. 1101 8. The qualified retirement community shall make land 1102 available to applicants it deems to have met its requirements 1103 for the construction and operation of a community nursing home 1104 but may sell or lease the land only to the applicant that is 1105 issued a certificate of need by the agency under this paragraph. 1106 a. A certificate-of-need application submitted under this 1107 paragraph must identify the intended site for the project within 1108 the retirement community and the anticipated costs for the 1109 project based on that site. The application must also include 1110 written evidence that the retirement community has determined 1111 that both the provider submitting the application and the 1112 project satisfy its requirements for the project. 1113 b. If the retirement community determines that more than 1114 one provider satisfies its requirements for the project, it may 1115 notify the agency of the provider it prefers. 1116 9. The agency shall review each submitted application. If 1117 multiple applications are submitted for a project published 1118 pursuant to subparagraph 7., the agency shall review the 1119 competing applications. 1120 1121 The agency shall develop rules to implement the expedited review 1122 process, including time schedule, application content that may 1123 be reduced from the full requirements of s. 408.037(1), and 1124 application processing. 1125 (3) EXEMPTIONS.—Upon request, the following projects are 1126 subject to exemption from subsection (1): 1127 (l) For beds in state developmental disabilities centers as 1128 defined in s. 393.063. 1129 (m) For the establishment of a health care facility or 1130 project that meets all of the following criteria: 1131 1. The applicant was previously licensed within the past 21 1132 days as a health care facility or provider that is subject to 1133 subsection (1). 1134 2. The applicant failed to submit a renewal application and 1135 the license expired on or after January 1, 2015. 1136 3. The applicant does not have a license denial or 1137 revocation action pending with the agency at the time of the 1138 request. 1139 4. The applicant’s request is for the same service type, 1140 district, service area, and site for which the applicant was 1141 previously licensed. 1142 5. The applicant’s request, if applicable, includes the 1143 same number and type of beds as were previously licensed. 1144 6. The applicant agrees to the same conditions that were 1145 previously imposed on the certificate of need or on an exemption 1146 related to the applicant’s previously licensed health care 1147 facility or project. 1148 7. The applicant applies for initial licensure as required 1149 under s. 408.806 within 21 days after the agency approves the 1150 exemption request. If the applicant fails to apply in a timely 1151 manner, the exemption expires on the 22nd day following the 1152 agency’s approval of the exemption. 1153 Reviser’s note.—Section 14, ch. 2019-136, Laws of Florida, 1154 purported to amend subsection (2), effective July 1, 2021, 1155 but did not publish paragraphs (b)-(e). Absent affirmative 1156 evidence of legislative intent to repeal paragraphs (b) 1157 (e), subsection (2) is reenacted to confirm the omission 1158 was not intended. Paragraphs (3)(l) and (m) are 1159 redesignated from paragraphs (3)(m) and (n) to conform to 1160 the repeal of paragraph (3)(l), as amended by s. 14, ch. 1161 2019-136, effective July 1, 2021; the paragraphs were 1162 erroneously referenced as if they were in subsection (1) by 1163 Amendment 485034 to C.S. for H.B. 21, 2019 Regular Session, 1164 which became ch. 2019-136. 1165 Section 31. Paragraph (g) of subsection (4) of section 1166 409.165, Florida Statutes, is amended to read: 1167 409.165 Alternate care for children.— 1168 (4) With the written consent of parents, custodians, or 1169 guardians, or in accordance with those provisions in chapter 39 1170 that relate to dependent children, the department, under rules 1171 properly adopted, may place a child: 1172 (g) In a subsidized independent living situation,subject1173to the provisions of s. 409.1451(4)(c),1174 1175 under such conditions as are determined to be for the best 1176 interests or the welfare of the child. Any child placed in an 1177 institution or in a family home by the department or its agency 1178 may be removed by the department or its agency, and such other 1179 disposition may be made as is for the best interest of the 1180 child, including transfer of the child to another institution, 1181 another home, or the home of the child. Expenditure of funds 1182 appropriated for out-of-home care can be used to meet the needs 1183 of a child in the child’s own home or the home of a relative if 1184 the child can be safely served in the child’s own home or that 1185 of a relative if placement can be avoided by the expenditure of 1186 such funds, and if the expenditure of such funds in this manner 1187 is equal to or less than the cost of out-of-home placement. 1188 Reviser’s note.—Amended to conform to the substantial rewording 1189 of s. 409.1451 by s. 8, ch. 2013-178, Laws of Florida; the 1190 section no longer contains text that equates to material 1191 formerly in s. 409.1451(4)(c). 1192 Section 32. Subsection (5) of section 409.973, Florida 1193 Statutes, is amended to read: 1194 409.973 Benefits.— 1195 (5) PROVISION OF DENTAL SERVICES.— 1196 (a)The Office of Program Policy Analysis and Government1197Accountability shall provide a comprehensive report on the1198provision of dental services under this part to the Governor,1199the President of the Senate, and the Speaker of the House of1200Representatives by December 1, 2016. The Office of Program1201Policy Analysis and Government Accountability is authorized to1202contract with an independent third party to assist in the1203preparation of the report required by this paragraph.12041. The report must examine the effectiveness of medical1205managed care plans in increasing patient access to dental care,1206improving dental health, achieving satisfactory outcomes for1207Medicaid recipients and the dental provider community, providing1208outreach to Medicaid recipients, and delivering value and1209transparency to the state’s taxpayers regarding the dollars1210intended for, and spent on, actual dental services.1211Additionally, the report must examine, by plan and in the1212aggregate, the historical trends of rates paid to dental1213providers and to dental plan subcontractors, dental provider1214participation in plan networks, and provider willingness to1215treat Medicaid recipients. The report must also compare current1216and historical efforts and trends and the experiences of other1217states in delivering dental services, increasing patient access1218to dental care, and improving dental health.12192.The Legislature may use the findings of the Office of 1220 Program Policy Analysis and Government Accountability’s report 1221 no. 16-07, December 2016,this reportin setting the scope of 1222 minimum benefits set forth in this section for future 1223 procurements of eligible plans as described in s. 409.966. 1224 Specifically, the decision to include dental services as a 1225 minimum benefit under this section, or to provide Medicaid 1226 recipients with dental benefits separate from the Medicaid 1227 managed medical assistance program described in this part, may 1228 take into consideration the data and findings of the report. 1229 (b) In the event the Legislature takes no action before 1230 July 1, 2017, with respect to the report findings required under 1231 paragraph (a)subparagraph (a)2., the agency shall implement a 1232 statewide Medicaid prepaid dental health program for children 1233 and adults with a choice of at least two licensed dental managed 1234 care providers who must have substantial experience in providing 1235 dental care to Medicaid enrollees and children eligible for 1236 medical assistance under Title XXI of the Social Security Act 1237 and who meet all agency standards and requirements. To qualify 1238 as a provider under the prepaid dental health program, the 1239 entity must be licensed as a prepaid limited health service 1240 organization under part I of chapter 636 or as a health 1241 maintenance organization under part I of chapter 641. The 1242 contracts for program providers shall be awarded through a 1243 competitive procurement process. Beginning with the contract 1244 procurement process initiated during the 2023 calendar year, the 1245 contracts must be for 6 years and may not be renewed; however, 1246 the agency may extend the term of a plan contract to cover 1247 delays during a transition to a new plan provider. The agency 1248 shall include in the contracts a medical loss ratio provision 1249 consistent with s. 409.967(4). The agency is authorized to seek 1250 any necessary state plan amendment or federal waiver to commence 1251 enrollment in the Medicaid prepaid dental health program no 1252 later than March 1, 2019. The agency shall extend until December 1253 31, 2024, the term of existing plan contracts awarded pursuant 1254 to the invitation to negotiate published in October 2017. 1255 Reviser’s note.—Amended to conform the fact that the referenced 1256 report was completed and submitted. 1257 Section 33. Subsection (2) of section 420.628, Florida 1258 Statutes, is amended to read: 1259 420.628 Affordable housing for children and young adults 1260 leaving foster care; legislative findings and intent.— 1261 (2) Young adults who leave the child welfare system meet 1262 the definition of eligible persons under ss. 420.503(17) and 1263 420.9071(11)420.9071(10)for affordable housing, and are 1264 encouraged to participate in federal, state, and local 1265 affordable housing programs. Students deemed to be eligible 1266 occupants under 26 U.S.C. s. 42(i)(3)(D) shall be considered 1267 eligible persons for purposes of all projects funded under this 1268 chapter. 1269 Reviser’s note.—Amended to conform to the reordering of 1270 definitions in s. 420.9071 by this act. 1271 Section 34. Section 420.9071, Florida Statutes, is 1272 reordered and amended to read: 1273 420.9071 Definitions.—As used in ss. 420.907-420.9079, the 1274 term: 1275 (1) “Adjusted for family size” means adjusted in a manner 1276 that results in an income eligibility level that is lower for 1277 households having fewer than four people, or higher for 1278 households having more than four people, than the base income 1279 eligibility determined as provided in subsection (20)(19), 1280 subsection (21)(20), or subsection (30)(28), based upon a 1281 formula established by the United States Department of Housing 1282 and Urban Development. 1283 (2) “Affordable” means that monthly rents or monthly 1284 mortgage payments including taxes and insurance do not exceed 30 1285 percent of that amount which represents the percentage of the 1286 median annual gross income for the households as indicated in 1287 subsection (20)(19), subsection (21)(20), or subsection (30) 1288(28). However, it is not the intent to limit an individual 1289 household’s ability to devote more than 30 percent of its income 1290 for housing, and housing for which a household devotes more than 1291 30 percent of its income shall be deemed affordable if the first 1292 institutional mortgage lender is satisfied that the household 1293 can afford mortgage payments in excess of the 30 percent 1294 benchmark. The term also includes housing provided by a not-for 1295 profit corporation that derives at least 75 percent of its 1296 annual revenues from contracts or services provided to a state 1297 or federal agency for low-income persons and low-income 1298 households; that provides supportive housing for persons who 1299 suffer from mental health issues, substance abuse, or domestic 1300 violence; and that provides on-premises social and community 1301 support services relating to job training, life skills training, 1302 alcohol and substance abuse disorders, child care, and client 1303 case management. 1304 (3) “Affordable housing advisory committee” means the 1305 committee appointed by the governing body of a county or 1306 eligible municipality for the purpose of recommending specific 1307 initiatives and incentives to encourage or facilitate affordable 1308 housing as provided in s. 420.9076. 1309 (4) “Annual gross income” means annual income as defined 1310 under the Section 8 housing assistance payments programs in 24 1311 C.F.R. part 5; annual income as reported under the census long 1312 form for the recent available decennial census; or adjusted 1313 gross income as defined for purposes of reporting under Internal 1314 Revenue Service Form 1040 for individual federal annual income 1315 tax purposes or as defined by standard practices used in the 1316 lending industry as detailed in the local housing assistance 1317 plan and approved by the corporation. Counties and eligible 1318 municipalities shall calculate income by annualizing verified 1319 sources of income for the household as the amount of income to 1320 be received in a household during the 12 months following the 1321 effective date of the determination. 1322 (5)(29)“Assisted housing” or “assisted housing 1323 development” means a rental housing development, including 1324 rental housing in a mixed-use development, that received or 1325 currently receives funding from any federal or state housing 1326 program. 1327 (6)(5)“Award” means a loan, grant, or subsidy funded 1328 wholly or partially by the local housing assistance trust fund. 1329 (7)(6)“Community-based organization” means a nonprofit 1330 organization that has among its purposes the provision of 1331 affordable housing to persons who have special needs or have 1332 very low income, low income, or moderate income within a 1333 designated area, which may include a municipality, a county, or 1334 more than one municipality or county, and maintains, through a 1335 minimum of one-third representation on the organization’s 1336 governing board, accountability to housing program beneficiaries 1337 and residents of the designated area. 1338 (8)(7)“Corporation” means the Florida Housing Finance 1339 Corporation. 1340 (9)(8)“Eligible housing” means any real and personal 1341 property located within the county or the eligible municipality 1342 which is designed and intended for the primary purpose of 1343 providing decent, safe, and sanitary residential units that are 1344 designed to meet the standards of the Florida Building Code or 1345 previous building codes adopted under chapter 553, or 1346 manufactured housing constructed after June 1994 and installed 1347 in accordance with the installation standards for mobile or 1348 manufactured homes contained in rules of the Department of 1349 Highway Safety and Motor Vehicles, for home ownership or rental 1350 for eligible persons as designated by each county or eligible 1351 municipality participating in the State Housing Initiatives 1352 Partnership Program. 1353 (10)(9)“Eligible municipality” means a municipality that 1354 is eligible for federal community development block grant 1355 entitlement moneys as an entitlement community identified in 24 1356 C.F.R. s. 570, subpart D, Entitlement Grants, or a 1357 nonentitlement municipality that is receiving local housing 1358 distribution funds under an interlocal agreement that provides 1359 for possession and administrative control of funds to be 1360 transferred to the nonentitlement municipality. An eligible 1361 municipality that defers its participation in community 1362 development block grants does not affect its eligibility for 1363 participation in the State Housing Initiatives Partnership 1364 Program. 1365 (11)(10)“Eligible person” or “eligible household” means 1366 one or more natural persons or a family determined by the county 1367 or eligible municipality to be of very low income, low income, 1368 or moderate income according to the income limits adjusted to 1369 family size published annually by the United States Department 1370 of Housing and Urban Development based upon the annual gross 1371 income of the household. 1372 (12)(11)“Eligible sponsor” means a person or a private or 1373 public for-profit or not-for-profit entity that applies for an 1374 award under the local housing assistance plan for the purpose of 1375 providing eligible housing for eligible persons. 1376 (13)(12)“Grant” means an award from the local housing 1377 assistance trust fund to an eligible sponsor or eligible person 1378 to partially assist in the construction, rehabilitation, or 1379 financing of eligible housing or to provide the cost of tenant 1380 or ownership qualifications without requirement for repayment as 1381 long as the condition of award is maintained. 1382 (14)(13)“Loan” means an award from the local housing 1383 assistance trust fund to an eligible sponsor or eligible person 1384 to partially finance the acquisition, construction, or 1385 rehabilitation of eligible housing with requirement for 1386 repayment or provision for forgiveness of repayment if the 1387 condition of the award is maintained. 1388 (15)(14)“Local housing assistance plan” means a concise 1389 description of the local housing assistance strategies and local 1390 housing incentive strategies adopted by local government 1391 resolution with an explanation of the way in which the program 1392 meets the requirements of ss. 420.907-420.9079 and corporation 1393 rule. 1394 (16)(15)“Local housing assistance strategies” means the 1395 housing construction, rehabilitation, repair, or finance program 1396 implemented by a participating county or eligible municipality 1397 with the local housing distribution or other funds deposited 1398 into the local housing assistance trust fund. 1399 (17) “Local housing distributions” means the proceeds of 1400 the taxes collected under chapter 201 deposited into the Local 1401 Government Housing Trust Fund and distributed to counties and 1402 eligible municipalities participating in the State Housing 1403 Initiatives Partnership Program pursuant to s. 420.9073. 1404 (18)(16)“Local housing incentive strategies” means local 1405 regulatory reform or incentive programs to encourage or 1406 facilitate affordable housing production, which include at a 1407 minimum, assurance that permits for affordable housing projects 1408 are expedited to a greater degree than other projects, as 1409 provided in s. 163.3177(6)(f)3.; an ongoing process for review 1410 of local policies, ordinances, regulations, and plan provisions 1411 that increase the cost of housing prior to their adoption; and a 1412 schedule for implementing the incentive strategies. Local 1413 housing incentive strategies may also include other regulatory 1414 reforms, such as those enumerated in s. 420.9076 or those 1415 recommended by the affordable housing advisory committee in its 1416 triennial evaluation of the implementation of affordable housing 1417 incentives, and adopted by the local governing body. 1418 (19)(18)“Local housing partnership” means the 1419 implementation of the local housing assistance plan in a manner 1420 that involves the applicable county or eligible municipality, 1421 lending institutions, housing builders and developers, real 1422 estate professionals, advocates for low-income persons, 1423 community-based housing and service organizations, and providers 1424 of professional services relating to affordable housing. The 1425 term includes initiatives to provide support services for 1426 housing program beneficiaries such as training to prepare 1427 persons for the responsibility of homeownership, counseling of 1428 tenants, and the establishing of support services such as day 1429 care, health care, and transportation. 1430 (20)(19)“Low-income person” or “low-income household” 1431 means one or more natural persons or a family that has a total 1432 annual gross household income that does not exceed 80 percent of 1433 the median annual income adjusted for family size for households 1434 within the metropolitan statistical area, the county, or the 1435 nonmetropolitan median for the state, whichever amount is 1436 greatest. With respect to rental units, the low-income 1437 household’s annual income at the time of initial occupancy may 1438 not exceed 80 percent of the area’s median income adjusted for 1439 family size. While occupying the rental unit, a low-income 1440 household’s annual income may increase to an amount not to 1441 exceed 140 percent of 80 percent of the area’s median income 1442 adjusted for family size. 1443 (21)(20)“Moderate-income person” or “moderate-income 1444 household” means one or more natural persons or a family that 1445 has a total annual gross household income that does not exceed 1446 120 percent of the median annual income adjusted for family size 1447 for households within the metropolitan statistical area, the 1448 county, or the nonmetropolitan median for the state, whichever 1449 is greatest. With respect to rental units, the moderate-income 1450 household’s annual income at the time of initial occupancy may 1451 not exceed 120 percent of the area’s median income adjusted for 1452 family size. While occupying the rental unit, a moderate-income 1453 household’s annual income may increase to an amount not to 1454 exceed 140 percent of 120 percent of the area’s median income 1455 adjusted for family size. 1456 (22)(21)“Personal property” means major appliances, 1457 including a freestanding refrigerator or stove, to be identified 1458 on the encumbering documents. 1459 (23)(22)“Plan amendment” means the addition or deletion of 1460 a local housing assistance strategy or local housing incentive 1461 strategy. Plan amendments must at all times maintain consistency 1462 with program requirements and must be submitted to the 1463 corporation for review pursuant to s. 420.9072(3). Technical or 1464 clarifying revisions may not be considered plan amendments but 1465 must be transmitted to the corporation for purposes of 1466 notification. 1467 (24)(23)“Population” means the latest official state 1468 estimate of population certified pursuant to s. 186.901 prior to 1469 the beginning of the state fiscal year. 1470 (25)(30)“Preservation” means actions taken to keep rents 1471 in existing assisted housing affordable for extremely-low 1472 income, very-low-income, low-income, and moderate-income 1473 households while ensuring that the property stays in good 1474 physical and financial condition for an extended period. 1475 (26)(24)“Program income” means the proceeds derived from 1476 interest earned on or investment of the local housing 1477 distribution and other funds deposited into the local housing 1478 assistance trust fund, proceeds from loan repayments, recycled 1479 funds, and all other income derived from use of funds deposited 1480 in the local housing assistance trust fund. It does not include 1481 recaptured funds as defined in subsection (27)(25). 1482 (27)(25)“Recaptured funds” means funds that are recouped 1483 by a county or eligible municipality in accordance with the 1484 recapture provisions of its local housing assistance plan 1485 pursuant to s. 420.9075(5)(j) from eligible persons or eligible 1486 sponsors, which funds were not used for assistance to an 1487 eligible household for an eligible activity, when there is a 1488 default on the terms of a grant award or loan award. 1489 (28)(26)“Rent subsidies” means ongoing monthly rental 1490 assistance. 1491 (29)(27)“Sales price” or “value” means, in the case of 1492 acquisition of an existing or newly constructed unit, the amount 1493 on the executed sales contract. For eligible persons who are 1494 building a unit on land that they own, the sales price is 1495 determined by an appraisal performed by a state-certified 1496 appraiser. The appraisal must include the value of the land and 1497 the improvements using the after-construction value of the 1498 property and must be dated within 12 months of the date 1499 construction is to commence. The sales price of any unit must 1500 include the value of the land in order to qualify as eligible 1501 housing as defined in subsection (9)(8). In the case of 1502 rehabilitation or emergency repair of an existing unit that does 1503 not create additional living space, sales price or value means 1504 the value of the real property, as determined by an appraisal 1505 performed by a state-certified appraiser and dated within 12 1506 months of the date construction is to commence or the assessed 1507 value of the real property as determined by the county property 1508 appraiser. In the case of rehabilitation of an existing unit 1509 that includes the addition of new living space, sales price or 1510 value means the value of the real property, as determined by an 1511 appraisal performed by a state-certified appraiser and dated 1512 within 12 months of the date construction is to commence or the 1513 assessed value of the real property as determined by the county 1514 property appraiser, plus the cost of the improvements in either 1515 case. 1516 (30)(28)“Very-low-income person” or “very-low-income 1517 household” means one or more natural persons or a family that 1518 has a total annual gross household income that does not exceed 1519 50 percent of the median annual income adjusted for family size 1520 for households within the metropolitan statistical area, the 1521 county, or the nonmetropolitan median for the state, whichever 1522 is greatest. With respect to rental units, the very-low-income 1523 household’s annual income at the time of initial occupancy may 1524 not exceed 50 percent of the area’s median income adjusted for 1525 family size. While occupying the rental unit, a very-low-income 1526 household’s annual income may increase to an amount not to 1527 exceed 140 percent of 50 percent of the area’s median income 1528 adjusted for family size. 1529 Reviser’s note.—Amended to conform with the alphabetic ordering 1530 of the defined terms elsewhere in the section, and to 1531 conform internal cross-references to the reordering. 1532 Section 35. Subsection (2) of section 420.9072, Florida 1533 Statutes, is amended to read: 1534 420.9072 State Housing Initiatives Partnership Program.—The 1535 State Housing Initiatives Partnership Program is created for the 1536 purpose of providing funds to counties and eligible 1537 municipalities as an incentive for the creation of local housing 1538 partnerships, to expand production of and preserve affordable 1539 housing, to further the housing element of the local government 1540 comprehensive plan specific to affordable housing, and to 1541 increase housing-related employment. 1542 (2)(a) To be eligible to receive funds under the program, a 1543 county or eligible municipality must: 1544 1. Submit to the corporation its local housing assistance 1545 plan describing the local housing assistance strategies 1546 established pursuant to s. 420.9075; 1547 2. Within 12 months after adopting the local housing 1548 assistance plan, amend the plan to incorporate the local housing 1549 incentive strategies defined in s. 420.9071(18)420.9071(16)and 1550 described in s. 420.9076; and 1551 3. Within 24 months after adopting the amended local 1552 housing assistance plan to incorporate the local housing 1553 incentive strategies, amend its land development regulations or 1554 establish local policies and procedures, as necessary, to 1555 implement the local housing incentive strategies adopted by the 1556 local governing body. A county or an eligible municipality that 1557 has adopted a housing incentive strategy pursuant to s. 420.9076 1558 before the effective date of this act shall review the status of 1559 implementation of the plan according to its adopted schedule for 1560 implementation and report its findings in the annual report 1561 required by s. 420.9075(10). If, as a result of the review, a 1562 county or an eligible municipality determines that the 1563 implementation is complete and in accordance with its schedule, 1564 no further action is necessary. If a county or an eligible 1565 municipality determines that implementation according to its 1566 schedule is not complete, it must amend its land development 1567 regulations or establish local policies and procedures, as 1568 necessary, to implement the housing incentive plan within 12 1569 months after the effective date of this act, or if extenuating 1570 circumstances prevent implementation within 12 months, pursuant 1571 to s. 420.9075(13), enter into an extension agreement with the 1572 corporation. 1573 (b) A county or an eligible municipality seeking approval 1574 to receive its share of the local housing distribution must 1575 adopt an ordinance containing the following provisions: 1576 1. Creation of a local housing assistance trust fund as 1577 described in s. 420.9075(6). 1578 2. Adoption by resolution of a local housing assistance 1579 plan as defined in s. 420.9071(15)420.9071(14)to be 1580 implemented through a local housing partnership as defined in s. 1581 420.9071(19)420.9071(18). 1582 3. Designation of the responsibility for the administration 1583 of the local housing assistance plan. Such ordinance may also 1584 provide for the contracting of all or part of the administrative 1585 or other functions of the program to a third person or entity. 1586 4. Creation of the affordable housing advisory committee as 1587 provided in s. 420.9076. 1588 1589 The ordinance must not take effect until at least 30 days after 1590 the date of formal adoption. Ordinances in effect prior to the 1591 effective date of amendments to this section shall be amended as 1592 needed to conform to new provisions. 1593 Reviser’s note.—Amended to conform to the reordering of 1594 definitions in s. 420.9071 by this act. 1595 Section 36. Paragraph (n) of subsection (5) of section 1596 420.9075, Florida Statutes, is amended to read: 1597 420.9075 Local housing assistance plans; partnerships.— 1598 (5) The following criteria apply to awards made to eligible 1599 sponsors or eligible persons for the purpose of providing 1600 eligible housing: 1601 (n) Funds from the local housing distribution not used to 1602 meet the criteria established in paragraph (a) or paragraph (c) 1603 or not used for the administration of a local housing assistance 1604 plan must be used for housing production and finance activities, 1605 including, but not limited to, financing preconstruction 1606 activities or the purchase of existing units, providing rental 1607 housing, and providing home ownership training to prospective 1608 home buyers and owners of homes assisted through the local 1609 housing assistance plan. 1610 1. Notwithstanding the provisions of paragraphs (a) and 1611 (c), program income as defined in s. 420.9071(26)420.9071(24)1612 may also be used to fund activities described in this paragraph. 1613 2. When preconstruction due-diligence activities conducted 1614 as part of a preservation strategy show that preservation of the 1615 units is not feasible and will not result in the production of 1616 an eligible unit, such costs shall be deemed a program expense 1617 rather than an administrative expense if such program expenses 1618 do not exceed 3 percent of the annual local housing 1619 distribution. 1620 3. If both an award under the local housing assistance plan 1621 and federal low-income housing tax credits are used to assist a 1622 project and there is a conflict between the criteria prescribed 1623 in this subsection and the requirements of s. 42 of the Internal 1624 Revenue Code of 1986, as amended, the county or eligible 1625 municipality may resolve the conflict by giving precedence to 1626 the requirements of s. 42 of the Internal Revenue Code of 1986, 1627 as amended, in lieu of following the criteria prescribed in this 1628 subsection with the exception of paragraphs (a) and (g) of this 1629 subsection. 1630 4. Each county and each eligible municipality may award 1631 funds as a grant for construction, rehabilitation, or repair as 1632 part of disaster recovery or emergency repairs or to remedy 1633 accessibility or health and safety deficiencies. Any other 1634 grants must be approved as part of the local housing assistance 1635 plan. 1636 Reviser’s note.—Amended to conform to the reordering of 1637 definitions in s. 420.9071 by this act. 1638 Section 37. Subsections (1) and (6) of section 420.9076, 1639 Florida Statutes, are amended to read: 1640 420.9076 Adoption of affordable housing incentive 1641 strategies; committees.— 1642 (1) Each county or eligible municipality participating in 1643 the State Housing Initiatives Partnership Program, including a 1644 municipality receiving program funds through the county, or an 1645 eligible municipality must, within 12 months after the original 1646 adoption of the local housing assistance plan, amend the plan to 1647 include local housing incentive strategies as defined in s. 1648 420.9071(18)420.9071(16). 1649 (6) Within 90 days after the date of receipt of the 1650 evaluation and local housing incentive strategies 1651 recommendations from the advisory committee, the governing body 1652 of the appointing local government shall adopt an amendment to 1653 its local housing assistance plan to incorporate the local 1654 housing incentive strategies it will implement within its 1655 jurisdiction. The amendment must include, at a minimum, the 1656 local housing incentive strategies required under s. 1657 420.9071(18)420.9071(16). The local government must consider 1658 the strategies specified in paragraphs (4)(a)-(k) as recommended 1659 by the advisory committee. 1660 Reviser’s note.—Amended to conform to the reordering of 1661 definitions in s. 420.9071 by this act. 1662 Section 38. Subsections (6) and (7) of section 429.02, 1663 Florida Statutes, are reordered and amended to read: 1664 429.02 Definitions.—When used in this part, the term: 1665 (7)(6)“Chemical restraint” means a pharmacologic drug that 1666 physically limits, restricts, or deprives an individual of 1667 movement or mobility, and is used for discipline or convenience 1668 and not required for the treatment of medical symptoms. 1669 (6)(7)“Assistive device” means any device designed or 1670 adapted to help a resident perform an action, a task, an 1671 activity of daily living, or a transfer; prevent a fall; or 1672 recover from a fall. The term does not include a total body lift 1673 or a motorized sit-to-stand lift, with the exception of a chair 1674 lift or recliner lift that a resident is able to operate 1675 independently. 1676 Reviser’s note.—Amended to conform with the alphabetic ordering 1677 of the defined terms elsewhere in the section. 1678 Section 39. Paragraphs (o) and (p) of subsection (3) of 1679 section 456.053, Florida Statutes, are reordered and amended, to 1680 read: 1681 456.053 Financial arrangements between referring health 1682 care providers and providers of health care services.— 1683 (3) DEFINITIONS.—For the purpose of this section, the word, 1684 phrase, or term: 1685 (p)(o)“Referral” means any referral of a patient by a 1686 health care provider for health care services, including, 1687 without limitation: 1688 1. The forwarding of a patient by a health care provider to 1689 another health care provider or to an entity which provides or 1690 supplies designated health services or any other health care 1691 item or service; or 1692 2. The request or establishment of a plan of care by a 1693 health care provider, which includes the provision of designated 1694 health services or other health care item or service. 1695 3. The following orders, recommendations, or plans of care 1696 shall not constitute a referral by a health care provider: 1697 a. By a radiologist for diagnostic-imaging services. 1698 b. By a physician specializing in the provision of 1699 radiation therapy services for such services. 1700 c. By a medical oncologist for drugs and solutions to be 1701 prepared and administered intravenously to such oncologist’s 1702 patient, as well as for the supplies and equipment used in 1703 connection therewith to treat such patient for cancer and the 1704 complications thereof. 1705 d. By a cardiologist for cardiac catheterization services. 1706 e. By a pathologist for diagnostic clinical laboratory 1707 tests and pathological examination services, if furnished by or 1708 under the supervision of such pathologist pursuant to a 1709 consultation requested by another physician. 1710 f. By a health care provider who is the sole provider or 1711 member of a group practice for designated health services or 1712 other health care items or services that are prescribed or 1713 provided solely for such referring health care provider’s or 1714 group practice’s own patients, and that are provided or 1715 performed by or under the direct supervision of such referring 1716 health care provider or group practice; provided, however, a 1717 physician licensed pursuant to chapter 458, chapter 459, chapter 1718 460, or chapter 461 or an advanced practice registered nurse 1719 registered under s. 464.0123 may refer a patient to a sole 1720 provider or group practice for diagnostic imaging services, 1721 excluding radiation therapy services, for which the sole 1722 provider or group practice billed both the technical and the 1723 professional fee for or on behalf of the patient, if the 1724 referring physician or advanced practice registered nurse 1725 registered under s. 464.0123 has no investment interest in the 1726 practice. The diagnostic imaging service referred to a group 1727 practice or sole provider must be a diagnostic imaging service 1728 normally provided within the scope of practice to the patients 1729 of the group practice or sole provider. The group practice or 1730 sole provider may accept no more than 15 percent of their 1731 patients receiving diagnostic imaging services from outside 1732 referrals, excluding radiation therapy services. However, the 15 1733 percent limitation of this sub-subparagraph and the requirements 1734 of subparagraph (4)(a)2. do not apply to a group practice entity 1735 that owns an accountable care organization or an entity 1736 operating under an advanced alternative payment model according 1737 to federal regulations if such entity provides diagnostic 1738 imaging services and has more than 30,000 patients enrolled per 1739 year. 1740 g. By a health care provider for services provided by an 1741 ambulatory surgical center licensed under chapter 395. 1742 h. By a urologist for lithotripsy services. 1743 i. By a dentist for dental services performed by an 1744 employee of or health care provider who is an independent 1745 contractor with the dentist or group practice of which the 1746 dentist is a member. 1747 j. By a physician for infusion therapy services to a 1748 patient of that physician or a member of that physician’s group 1749 practice. 1750 k. By a nephrologist for renal dialysis services and 1751 supplies, except laboratory services. 1752 l. By a health care provider whose principal professional 1753 practice consists of treating patients in their private 1754 residences for services to be rendered in such private 1755 residences, except for services rendered by a home health agency 1756 licensed under chapter 400. For purposes of this sub 1757 subparagraph, the term “private residences” includes patients’ 1758 private homes, independent living centers, and assisted living 1759 facilities, but does not include skilled nursing facilities. 1760 m. By a health care provider for sleep-related testing. 1761 (o)(p)“Present in the office suite” means that the 1762 physician is actually physically present; provided, however, 1763 that the health care provider is considered physically present 1764 during brief unexpected absences as well as during routine 1765 absences of a short duration if the absences occur during time 1766 periods in which the health care provider is otherwise scheduled 1767 and ordinarily expected to be present and the absences do not 1768 conflict with any other requirement in the Medicare program for 1769 a particular level of health care provider supervision. 1770 Reviser’s note.—Amended to conform with the alphabetic ordering 1771 of the defined terms elsewhere in the section. 1772 Section 40. Subsection (16) of section 481.203, Florida 1773 Statutes, is amended to read: 1774 481.203 Definitions.—As used in this part, the term: 1775 (16) “Townhouse” meansisa single-family dwelling unit not 1776 exceeding three stories in height which is constructed in a 1777 series or group of attached units with property lines separating 1778 such units. Each townhouse shall be considered a separate 1779 building and shall be separated from adjoining townhouses by the 1780 use of separate exterior walls meeting the requirements for zero 1781 clearance from property lines as required by the type of 1782 construction and fire protection requirements; or shall be 1783 separated by a party wall; or may be separated by a single wall 1784 meeting the following requirements: 1785 (a) Such wall shall provide not less than 2 hours of fire 1786 resistance. Plumbing, piping, ducts, or electrical or other 1787 building services shall not be installed within or through the 1788 2-hour wall unless such materials and methods of penetration 1789 have been tested in accordance with the Standard Building Code. 1790 (b) Such wall shall extend from the foundation to the 1791 underside of the roof sheathing, and the underside of the roof 1792 shall have at least 1 hour of fire resistance for a width not 1793 less than 4 feet on each side of the wall. 1794 (c) Each dwelling unit sharing such wall shall be designed 1795 and constructed to maintain its structural integrity independent 1796 of the unit on the opposite side of the wall. 1797 Reviser’s note.—Amended to conform to context. 1798 Section 41. Subsection (3) of section 552.30, Florida 1799 Statutes, is amended to read: 1800 552.30 Construction materials mining activities.— 1801(3)The State Fire Marshal is directed to conduct or1802contract for a study to review whether the established statewide1803ground vibration limits for construction materials mining1804activities are still appropriate and to review any legitimate1805claims paid for damages caused by such mining activities. The1806study must include a review of measured vibration amplitudes and1807frequencies, structure responses, theoretical analyses of1808material strength and strains, and assessments of home damages.1809(a) The study shall be funded using the specified portion1810of revenues received from the water treatment plant upgrade fee1811pursuant to s. 373.41492.1812(b) The State Fire Marshal shall submit a report to the1813Governor, the President of the Senate, and the Speaker of the1814House of Representatives by December 1, 2016, which contains the1815findings of the study and any recommendations.1816 Reviser’s note.—Amended to delete an obsolete provision. The 1817 final study was submitted to the Division of State Fire 1818 Marshal in July 2018. 1819 Section 42. Subsection (8) of section 556.102, Florida 1820 Statutes, is amended to read: 1821 556.102 Definitions.—As used in this act: 1822 (8) “High-priority subsurface installation” means an 1823 underground gas transmission or gas distribution pipeline, or an 1824 underground pipeline used to transport gasoline, jet fuel, or 1825 any other refined petroleum product or hazardous or highly 1826 volatile liquid, such as anhydrous ammonia or carbon dioxide, if 1827 the pipeline is deemed to be critical by the operator of the 1828 pipeline and is identified as a high-priority subsurface 1829 installation to an excavator who has provided a notice of intent 1830 to excavate undertos. 556.105(1), or would have been 1831 identified as a high-priority subsurface installation except for 1832 the excavator’s failure to give proper notice of intent to 1833 excavate. 1834 Reviser’s note.—Amended to confirm the editorial deletion of the 1835 word “to” to improve clarity. 1836 Section 43. Subsection (6) of section 624.307, Florida 1837 Statutes, is amended to read: 1838 624.307 General powers; duties.— 1839 (6) The department and office may each employ actuaries who 1840 shall be at-will employees and who shall serve at the pleasure 1841 of the Chief Financial Officer, in the case of department 1842 employees, or at the pleasure of the director of the office, in 1843 the case of office employees. Actuaries employed pursuant to 1844 this paragraph shall be members of the Society of Actuaries or 1845 the Casualty Actuarial Society and shall be exempt from the 1846 Career Service System established under chapter 110. The 1847 salaries of the actuaries employed pursuant to this paragraph 1848shall be set in accordance with s. 216.251(2)(a)5. andshall be 1849 set at levels which are commensurate with salary levels paid to 1850 actuaries by the insurance industry. 1851 Reviser’s note.—Amended to conform to the fact that s. 1852 216.251(2)(a)5. was redesignated as s. 216.251(2)(a)6. by 1853 s. 67, ch. 92-142, Laws of Florida, and subsequently 1854 repealed by s. 36, ch. 2005-152, Laws of Florida. 1855 Section 44. Paragraphs (d) and (e) of subsection (2) of 1856 section 624.5105, Florida Statutes, are amended to read: 1857 624.5105 Community contribution tax credit; authorization; 1858 limitations; eligibility and application requirements; 1859 administration; definitions; expiration.— 1860 (2) ELIGIBILITY REQUIREMENTS.— 1861 (d) The project shall be located in an area that was 1862 designated as an enterprise zone pursuant to chapter 290 as of 1863 May 1, 2015, or a Front Porch Florida Community. Any project 1864 designed to provide housing opportunities for persons with 1865 special needs as defined in s. 420.0004 or to construct or 1866 rehabilitate housing for low-income or very-low-income 1867 households as defined in s. 420.9071(20) and (30)420.9071(19)1868and (28)is exempt from the area requirement of this paragraph. 1869 (e)1. If, during the first 10 business days of the state 1870 fiscal year, eligible tax credit applications for projects that 1871 provide housing opportunities for persons with special needs as 1872 defined in s. 420.0004 or homeownership opportunities for low 1873 income or very-low-income households as defined in s. 1874 420.9071(20) and (30)420.9071(19) and (28)are received for 1875 less than the annual tax credits available for those projects, 1876 the Department of Economic Opportunity shall grant tax credits 1877 for those applications and shall grant remaining tax credits on 1878 a first-come, first-served basis for any subsequent eligible 1879 applications received before the end of the state fiscal year. 1880 If, during the first 10 business days of the state fiscal year, 1881 eligible tax credit applications for projects that provide 1882 housing opportunities for persons with special needs as defined 1883 in s. 420.0004 or homeownership opportunities for low-income or 1884 very-low-income households as defined in s. 420.9071(20) and 1885 (30)420.9071(19) and (28)are received for more than the annual 1886 tax credits available for those projects, the Department of 1887 Economic Opportunity shall grant the tax credits for those 1888 applications as follows: 1889 a. If tax credit applications submitted for approved 1890 projects of an eligible sponsor do not exceed $200,000 in total, 1891 the credits shall be granted in full if the tax credit 1892 applications are approved. 1893 b. If tax credit applications submitted for approved 1894 projects of an eligible sponsor exceed $200,000 in total, the 1895 amount of tax credits granted under sub-subparagraph a. shall be 1896 subtracted from the amount of available tax credits, and the 1897 remaining credits shall be granted to each approved tax credit 1898 application on a pro rata basis. 1899 2. If, during the first 10 business days of the state 1900 fiscal year, eligible tax credit applications for projects other 1901 than those that provide housing opportunities for persons with 1902 special needs as defined in s. 420.0004 or homeownership 1903 opportunities for low-income or very-low-income households as 1904 defined in s. 420.9071(20) and (30)420.9071(19) and (28)are 1905 received for less than the annual tax credits available for 1906 those projects, the Department of Economic Opportunity shall 1907 grant tax credits for those applications and shall grant 1908 remaining tax credits on a first-come, first-served basis for 1909 any subsequent eligible applications received before the end of 1910 the state fiscal year. If, during the first 10 business days of 1911 the state fiscal year, eligible tax credit applications for 1912 projects other than those that provide housing opportunities for 1913 persons with special needs as defined in s. 420.0004 or 1914 homeownership opportunities for low-income or very-low-income 1915 households as defined in s. 420.9071(20) and (30)420.9071(19)1916and (28)are received for more than the annual tax credits 1917 available for those projects, the Department of Economic 1918 Opportunity shall grant the tax credits for those applications 1919 on a pro rata basis. 1920 Reviser’s note.—Amended to conform to the reordering of 1921 definitions in s. 420.9071 by this act. 1922 Section 45. Section 625.091, Florida Statutes, is amended 1923 to read: 1924 625.091 Losses and loss adjustment expense reserves; 1925 liability insurance and workers’ compensation insurance.—The 1926 reserve liabilities recorded in the insurer’s annual statement 1927 and financial statements for unpaidulosses and loss adjustment 1928 expenses shall be the estimated value of its claims when 1929 ultimately settled and shall be computed as follows: 1930 (1) For all liability and workers’ compensation claims, the 1931 statement and statutory reserves and loss adjustment expenses 1932 shall be in accordance with the form of the annual statement as 1933 required in s. 624.424, and shall include the computed, 1934 determined, or estimated value of the unpaid reported claims and 1935 loss adjustment expenses, allocated and unallocated, and a 1936 provision for loss and loss adjustment expenses, allocated and 1937 unallocated, that are incurred but not reported. For claims 1938 under liability policies, the reserve for reported claims shall 1939 not be less than $1,000 for each outstanding liability suit. 1940 (2)(a) Workers’ compensation tabular reserves and long-term 1941 disability claims including death claims may be reserved at the 1942 present value at 4 percent interest of the determined and the 1943 estimated future payments. 1944 (b) If workers’ compensation reserves are discounted in 1945 accordance with paragraph (a), discounted loss and loss expense 1946 reserves shall be used in the computation of excess statutory 1947 reserves over statement reserves. 1948 (3) Structured settlements may be used to reduce reserves 1949 if: 1950 (a) There is the purchase of an annuity by the insurer to 1951 fund future payments that are fixed or determined by settlement 1952 provisions or statutes wherein the claimant is the payee, the 1953 transaction may be treated as a paid claim and the reserve taken 1954 down accordingly. The appropriate disclosure of the contingent 1955 liability for such amount must be disclosed in notes to the 1956 financial statements of the annual statement; or 1957 (b) The insurer assigns the obligation to make periodic 1958 payments to a third party and obtains a full and complete 1959 release from the claimant, the claim may be treated as a paid 1960 claim without additional disclosure. 1961 (4)(a) Accounting credit for anticipated recoveries from 1962 the Special Disability Trust Fund may only be taken in the 1963 determination of loss reserves and may not be reflected on the 1964 financial statements in any manner other than that allowed 1965 pursuant to this subsection. 1966 (b) An insurer may only take accounting credit for 1967 anticipated recoveries from the Special Disability Trust Fund 1968 for each proof of claim which the fund has reviewed, determined 1969 to be a valid claim and so notified the carrier, and extended a 1970 payment offer; or a reimbursement request audited and approved 1971 for payment or paid by the fund. 1972 (c)1. Each insurer shall separately identify anticipated 1973 recoveries from the Special Disability Trust Fund on the annual 1974 statement required to be filed pursuant to s. 624.424. 1975 2. For all financial statements filed with the office, each 1976 insurer shall disclose in the notes to the financial statements 1977 of any financial statement required to be filed pursuant to s. 1978 624.424 any credit in loss reserves taken for anticipated 1979 recoveries from the Special Disability Trust Fund. That 1980 disclosure shall include: 1981 a. The amount of credit taken by the insurer in the 1982 determination of its loss reserves for the prior calendar year 1983 and the current reporting period on a year-to-date basis. 1984 b. The amount of payments received by the insurer from the 1985 Special Disability Trust Fund during the prior calendar year and 1986 the year-to-date recoveries for the current year. 1987 c. The amount the insurer was assessed by the Special 1988 Disability Trust Fund during the prior calendar year and during 1989 the current calendar year. 1990 Reviser’s note.—Amended to confirm the editorial substitution of 1991 the word “unpaid” for the letter “u” to correct a drafting 1992 error. 1993 Section 46. Paragraph (e) of subsection (2) of section 1994 627.6387, Florida Statutes, is amended to read: 1995 627.6387 Shared savings incentive program.— 1996 (2) As used in this section, the term: 1997 (e) “Shoppable health care service” means a lower-cost, 1998 high-quality nonemergency health care service for which a shared 1999 savings incentive is available for insureds under a health 2000 insurer’s shared savings incentive program. Shoppable health 2001 care services may be provided within or outside this state and 2002 include, but are not limited to: 2003 1. Clinical laboratory services. 2004 2. Infusion therapy. 2005 3. Inpatient and outpatient surgical procedures. 2006 4. Obstetrical and gynecological services. 2007 5. Inpatient and outpatient nonsurgical diagnostic tests 2008 and procedures. 2009 6. Physical and occupational therapy services. 2010 7. Radiology and imaging services. 2011 8. Prescription drugs. 2012 9. Services provided through telehealth. 2013 10. Any additional services published by the Agency for 2014 Health Care Administration that have the most significant price 2015 variation pursuant to s. 408.05(3)(m)408.05(3)(l). 2016 Reviser’s note.—Amended to confirm the editorial substitution of 2017 the reference to s. 408.05(3)(m) for a reference to s. 2018 408.05(3)(l) as added by s. 52, ch. 2020-156, Laws of 2019 Florida, to conform to the redesignation of paragraphs 2020 within subsection (3) by s. 3, ch. 2020-134, Laws of 2021 Florida. 2022 Section 47. Paragraph (e) of subsection (2) of section 2023 627.6648, Florida Statutes, is amended to read: 2024 627.6648 Shared savings incentive program.— 2025 (2) As used in this section, the term: 2026 (e) “Shoppable health care service” means a lower-cost, 2027 high-quality nonemergency health care service for which a shared 2028 savings incentive is available for insureds under a health 2029 insurer’s shared savings incentive program. Shoppable health 2030 care services may be provided within or outside this state and 2031 include, but are not limited to: 2032 1. Clinical laboratory services. 2033 2. Infusion therapy. 2034 3. Inpatient and outpatient surgical procedures. 2035 4. Obstetrical and gynecological services. 2036 5. Inpatient and outpatient nonsurgical diagnostic tests 2037 and procedures. 2038 6. Physical and occupational therapy services. 2039 7. Radiology and imaging services. 2040 8. Prescription drugs. 2041 9. Services provided through telehealth. 2042 10. Any additional services published by the Agency for 2043 Health Care Administration that have the most significant price 2044 variation pursuant to s. 408.05(3)(m)408.05(3)(l). 2045 Reviser’s note.—Amended to confirm the editorial substitution of 2046 the reference to s. 408.05(3)(m) for a reference to s. 2047 408.05(3)(l) as added by s. 52, ch. 2020-156, Laws of 2048 Florida, to conform to the redesignation of paragraphs 2049 within subsection (3) by s. 3, ch. 2020-134, Laws of 2050 Florida. 2051 Section 48. Subsections (5) through (8) of section 631.54, 2052 Florida Statutes, are renumbered as subsections (6) through (9), 2053 respectively, and present subsection (9) is amended to read: 2054 631.54 Definitions.—As used in this part: 2055 (5)(9)“Direct written premiums” means direct gross 2056 premiums written in this state on insurance policies to which 2057 this part applies, less return premiums thereon on such direct 2058 business. The term does not include premiums on contracts 2059 between insurers or reinsurers. 2060 Reviser’s note.—Amended to conform with the alphabetic ordering 2061 of the defined terms elsewhere in the section. 2062 Section 49. Paragraph (e) of subsection (2) of section 2063 641.31076, Florida Statutes, is amended to read: 2064 641.31076 Shared savings incentive program.— 2065 (2) As used in this section, the term: 2066 (e) “Shoppable health care service” means a lower-cost, 2067 high-quality nonemergency health care service for which a shared 2068 savings incentive is available for subscribers under a health 2069 maintenance organization’s shared savings incentive program. 2070 Shoppable health care services may be provided within or outside 2071 this state and include, but are not limited to: 2072 1. Clinical laboratory services. 2073 2. Infusion therapy. 2074 3. Inpatient and outpatient surgical procedures. 2075 4. Obstetrical and gynecological services. 2076 5. Inpatient and outpatient nonsurgical diagnostic tests 2077 and procedures. 2078 6. Physical and occupational therapy services. 2079 7. Radiology and imaging services. 2080 8. Prescription drugs. 2081 9. Services provided through telehealth. 2082 10. Any additional services published by the Agency for 2083 Health Care Administration that have the most significant price 2084 variation pursuant to s. 408.05(3)(m)408.05(3)(l). 2085 Reviser’s note.—Amended to confirm the editorial substitution of 2086 a reference to s. 408.05(3)(m) for a reference to s. 2087 408.05(3)(l) to conform to the redesignation of s. 2088 408.05(3)(l) as added by s. 52, ch. 2020-156, Laws of 2089 Florida, to conform to the redesignation of paragraphs 2090 within subsection (3) by s. 3, ch. 2020-134, Laws of 2091 Florida. 2092 Section 50. Paragraph (c) of subsection (9) of section 2093 647.02, Florida Statutes, is amended to read: 2094 647.02 Definitions.—As used in this chapter, the term: 2095 (9) “Travel administrator” means a person who directly or 2096 indirectly underwrites policies for; collects charges, 2097 collateral, or premiums from; or adjusts or settles claims made 2098 by residents of this state in connection with travel insurance, 2099 except that a person is not considered a travel administrator if 2100 the person is: 2101 (c) A travel retailer, as defined in s. 626.321(1)(c)2., 2102 offering and disseminating travel insurance and registered under 2103 the license of a limited lines travel insurance producer in 2104 accordance with s. 626.321(1)(c); 2105 Reviser’s note.—Amended to confirm the editorial insertion of 2106 the word “in” to improve clarity. 2107 Section 51. Paragraph (a) of subsection (3) of section 2108 647.05, Florida Statutes, is amended to read: 2109 647.05 Sales practices.— 2110 (3) If a consumer’s destination jurisdiction requires 2111 insurance coverage, it is not an unfair trade practice to 2112 require that the consumer choose between the following options 2113 as a condition of purchasing a trip or travel package: 2114 (a) Purchasing the coverage required by the destination 2115 jurisdiction through the travel retailer, as defined in s. 2116 626.321(1)(c)2., or limited lines travel insurance producer 2117 supplying the trip or travel package; or 2118 Reviser’s note.—Amended to confirm the editorial insertion of 2119 the word “in” to improve clarity. 2120 Section 52. Paragraph (h) of subsection (4) of section 2121 723.079, Florida Statutes, is amended to read: 2122 723.079 Powers and duties of homeowners’ association.— 2123 (4) The association shall maintain the following items, 2124 when applicable, which constitute the official records of the 2125 association: 2126 (h) The financial and accounting records of the 2127 association, kept according to good accounting practices. All 2128 financial and accounting records must be maintained within this 2129 state foraat least 5 years. The financial and accounting 2130 records must include: 2131 1. Accurate, itemized, and detailed records of all receipts 2132 and expenditures. 2133 2. A current account and a periodic statement of the 2134 account for each member, designating the name and current 2135 address of each member who is obligated to pay dues or 2136 assessments, the due date and amount of each assessment or other 2137 charge against the member, the date and amount of each payment 2138 on the account, and the balance due. 2139 3. All tax returns, financial statements, and financial 2140 reports of the association. 2141 4. Any other records that identify, measure, record, or 2142 communicate financial information. 2143 Reviser’s note.—Amended to confirm the editorial deletion of the 2144 word “a” to improve clarity. 2145 Section 53. Paragraph (a) of subsection (4) of section 2146 784.046, Florida Statutes, is amended to read: 2147 784.046 Action by victim of repeat violence, sexual 2148 violence, or dating violence for protective injunction; dating 2149 violence investigations, notice to victims, and reporting; 2150 pretrial release violations; public records exemption.— 2151 (4)(a) The sworn petition shall allege the incidents of 2152 repeat violence, sexual violence, or dating violence and shall 2153 include the specific facts and circumstances that form the basis 2154 upon which relief is sought. With respect to a minor child who 2155 is living at home, the parent or legal guardian seeking the 2156 protective injunction on behalf of the minor child must: 2157 1. Have been an eyewitness to, or have direct physical 2158 evidence or affidavits from eyewitnesses of, the specific facts 2159 and circumstances that form the basis upon which relief is 2160 sought, if the party against whom the protective injunction is 2161 sought is also a parent, stepparent, or legal guardian of the 2162 minor child; or 2163 2. Have reasonable cause to believe that the minor child is 2164 a victim of repeat violence, sexual violence, or dating violence 2165 to form the basis upon which relief is sought, if the party 2166 against whom the protective injunction is sought is a person 2167 other than a parent, stepparent, or legal guardian of the minor 2168 child. 2169 Reviser’s note.—Amended to correct an editorial error made 2170 during the compilation of the 2005 Florida Statutes. 2171 Section 54. Paragraph (b) of subsection (1) of section 2172 943.059, Florida Statutes, is amended to read: 2173 943.059 Court-ordered sealing of criminal history records.— 2174 (1) ELIGIBILITY.—A person is eligible to petition a court 2175 to seal a criminal history record when: 2176 (b) The person has never, before the date the application 2177 for a certificate of eligibility is filed, been adjudicated 2178 guilty in this state of a criminal offense, or been adjudicated 2179 delinquent in this state for committing any felony or any of the 2180 following misdemeanor offenses, unless the record of such 2181 adjudication of delinquency has been expunged pursuant to s. 2182 943.0515: 2183 1. Assault, as defined in s. 784.011; 2184 2. Battery, as defined in s. 784.03; 2185 3. Assault on a law enforcement officer, a firefighter, or 2186 other specified officers, as defined in s. 784.07(2)(a); 2187 4. Carrying a concealed weapon, as defined in s. 790.01(1); 2188 5. Open carrying of a weapon, as defined in s. 790.053; 2189 6. Unlawful possession or discharge of a weapon or firearm 2190 at a school-sponsored event or on school property, as defined in 2191 s. 790.115; 2192 7. Unlawful use of destructive devices or bombs, as defined 2193 in s. 790.1615(1); 2194 8. Unlawful possession of a firearm by a minor, as defined 2195 in s. 790.22(5); 2196 9. Exposure of sexual organs, as defined in s. 800.03; 2197 10. Arson, as defined in s. 806.031(1); 2198 11. Petit theft, as defined in s. 812.014(3); 2199 12. Neglect of a child, as defined in s. 827.03(1)(e); or 2200 13. Cruelty to animals, as defined in s. 828.12(1) 2201828.12(10). 2202 Reviser’s note.—Amended to correct an erroneous cross-reference. 2203 Section 828.12 does not contain a subsection (10); 2204 subsection (1) describes cruelty to animals. 2205 Section 55. Subsection (2) of section 960.28, Florida 2206 Statutes, is amended to read: 2207 960.28 Payment for victims’ initial forensic physical 2208 examinations.— 2209 (2) The Crime Victims’ Services Office of the department 2210 shall pay for medical expenses connected with an initial 2211 forensic physical examination of a victim of sexual battery as 2212 defined in chapter 794 or a lewd or lascivious offense as 2213 defined in chapter 800. Such payment shall be made regardless of 2214 whether the victim is covered by health or disability insurance 2215 and whether the victim participates in the criminal justice 2216 system or cooperates with law enforcement. The payment shall be 2217 made only out of moneys allocated to the Crime Victims’ Services 2218 Office for the purposes of this section, and the payment may not 2219 exceed $1,000 with respect to any violation. The department 2220 shall develop and maintain separate protocols for the initial 2221 forensic physical examination of adults and children. Payment 2222 under this section is limited to medical expenses connected with 2223 the initial forensic physical examination, and payment may be 2224 made to a medical provider using an examiner qualified under 2225 part I of chapter 464, excluding s. 464.003(15)464.003(14); 2226 chapter 458; or chapter 459. Payment made to the medical 2227 provider by the department shall be considered by the provider 2228 as payment in full for the initial forensic physical examination 2229 associated with the collection of evidence. The victim may not 2230 be required to pay, directly or indirectly, the cost of an 2231 initial forensic physical examination performed in accordance 2232 with this section. 2233 Reviser’s note.—Amended to conform to the redesignation of s. 2234 464.003(14) as s. 464.003(15) by s. 22, ch. 2020-9, Laws of 2235 Florida. 2236 Section 56. Paragraph (c) of subsection (2) of section 2237 1004.6499, Florida Statutes, is amended to read: 2238 1004.6499 Florida Institute of Politics.— 2239 (2) The goals of the institute are to: 2240 (c) Nurture a greater awareness of and passion for public 2241 service and politics. 2242 Reviser’s note.—Amended to confirm the editorial insertion of 2243 the word “of” to improve clarity. 2244 Section 57. Subsection (4) of section 1007.33, Florida 2245 Statutes, is amended to read: 2246 1007.33 Site-determined baccalaureate degree access.— 2247 (4) A Florida College System institution may: 2248 (a) Offer specified baccalaureate degree programs through 2249 formal agreements between the Florida College System institution 2250 and other regionally accredited postsecondary educational 2251 institutions pursuant to s. 1007.22. 2252 (b) Offer baccalaureate degree programs that were 2253 authorized by law prior to July 1, 2009. 2254 (c)Beginning July 1, 2009,Establish a first or subsequent 2255 baccalaureate degree program for purposes of meeting district, 2256 regional, or statewide workforce needs if approved by the State 2257 Board of Education under this section. 2258 2259Beginning July 1, 2009,The Board of Trustees of St. Petersburg 2260 College is authorized to establish one or more bachelor of 2261 applied science degree programs based on an analysis of 2262 workforce needs in Pinellas, Pasco, and Hernando Counties and 2263 other counties approved by the Department of Education. For each 2264 program selected, St. Petersburg College must offer a related 2265 associate in science or associate in applied science degree 2266 program, and the baccalaureate degree level program must be 2267 designed to articulate fully with at least one associate in 2268 science degree program. The college is encouraged to develop 2269 articulation agreements for enrollment of graduates of related 2270 associate in applied science degree programs. The Board of 2271 Trustees of St. Petersburg College is authorized to establish 2272 additional baccalaureate degree programs if it determines a 2273 program is warranted and feasible based on each of the factors 2274 in paragraph (5)(d).However, the Board of Trustees of St.2275Petersburg College may not establish any new baccalaureate2276degree programs from March 31, 2014, through May 31, 2015.Prior 2277 to developing or proposing a new baccalaureate degree program, 2278 St. Petersburg College shall engage in need, demand, and impact 2279 discussions with the state university in its service district 2280 and other local and regional, accredited postsecondary providers 2281 in its region. Documentation, data, and other information from 2282 inter-institutional discussions regarding program need, demand, 2283 and impact shall be provided to the college’s board of trustees 2284 to inform the program approval process. Employment at St. 2285 Petersburg College is governed by the same laws that govern 2286 Florida College System institutions, except that upper-division 2287 faculty are eligible for continuing contracts upon the 2288 completion of the fifth year of teaching. Employee records for 2289 all personnel shall be maintained as required by s. 1012.81. 2290 Reviser’s note.—Amended to delete obsolete language. 2291 Section 58. Paragraph (b) of subsection (16) of section 2292 1009.24, Florida Statutes, is amended to read: 2293 1009.24 State university student fees.— 2294 (16) Each university board of trustees may establish a 2295 tuition differential for undergraduate courses upon receipt of 2296 approval from the Board of Governors. However, beginning July 1, 2297 2014, the Board of Governors may only approve the establishment 2298 of or an increase in tuition differential for a state research 2299 university designated as a preeminent state research university 2300 pursuant to s. 1001.7065(3). The tuition differential shall 2301 promote improvements in the quality of undergraduate education 2302 and shall provide financial aid to undergraduate students who 2303 exhibit financial need. 2304 (b) Each tuition differential is subject to the following 2305 conditions: 2306 1. The tuition differential may be assessed on one or more 2307 undergraduate courses or on all undergraduate courses at a state 2308 university. 2309 2. The tuition differential may vary by course or courses, 2310 by campus or center location, and by institution. Each 2311 university board of trustees shall strive to maintain and 2312 increase enrollment in degree programs related to math, science, 2313 high technology, and other state or regional high-need fields 2314 when establishing tuition differentials by course. 2315 3. For each state university that is designated as a 2316 preeminent state research university by the Board of Governors, 2317 pursuant to s. 1001.7065, the aggregate sum of tuition and the 2318 tuition differential may be increased by no more than 6 percent 2319 of the total charged for the aggregate sum of these fees in the 2320 preceding fiscal year. The tuition differential may be increased 2321 if the university meets or exceeds performance standard targets 2322 for that university established annually by the Board of 2323 Governors for the following performance standards, amounting to 2324 no more than a 2-percent increase in the tuition differential 2325 for each performance standard: 2326 a. An increase in the 4-year graduation rate for full-time, 2327 first-time-in-college students, as reported annually to the 2328 Integrated Postsecondary Education Data System. 2329 b. An increase in the total annual research expenditures. 2330 c. An increase in the total patents awarded by the United 2331 States Patent and Trademark Office for the most recent years. 2332 4. The aggregate sum of undergraduate tuition and fees per 2333 credit hour, including the tuition differential, may not exceed 2334 the national average of undergraduate tuition and fees at 4-year 2335 degree-granting public postsecondary educational institutions. 2336 5. Beneficiaries having prepaid tuition contracts pursuant 2337 to s. 1009.98(2)(b) which were in effect on July 1, 2007, and 2338 which remain in effect, are exempt from the payment of the 2339 tuition differential. 2340 6. The tuition differential may not be charged to any 2341 student who was in attendance at the university before July 1, 2342 2007, and who maintains continuous enrollment. 2343 7. The tuition differential may be waived by the university 2344 for students who meet the eligibility requirements for the 2345 Florida Public Student Assistance Grant Program established in 2346 s. 1009.50. 2347 8. Subject to approval by the Board of Governors, the 2348 tuition differential authorized pursuant to this subsection may 2349 take effect with the 2009 fall term. 2350 Reviser’s note.—Amended to confirm the editorial insertion of 2351 the word “Program” to conform to the full name of the 2352 program. 2353 Section 59. Paragraph (a) of subsection (4) of section 2354 1009.50, Florida Statutes, is amended to read: 2355 1009.50 Florida Public Student Assistance Grant Program; 2356 eligibility for grants.— 2357 (4)(a) The funds appropriated for the Florida Public 2358 Student Assistance Grant Program shall be distributed to 2359 eligible institutions in accordance with a formula approved by 2360 the State Board of Education. The formula must consider at least 2361 the prior year’s distribution of funds, the number of eligible 2362 applicants who did not receive awards, the standardization of 2363 the expected family contribution, and provisions for unused 2364 funds. The formula must account for changes in the number of 2365 eligible students across all student assistance grant programs 2366 established pursuant to this section and ss. 1009.505, 1009.51, 2367 and 1009.52. 2368 Reviser’s note.—Amended to confirm the editorial insertion of 2369 the word “Program” to conform to the full name of the 2370 program. 2371 Section 60. Paragraph (a) of subsection (4) of section 2372 1009.51, Florida Statutes, is amended to read: 2373 1009.51 Florida Private Student Assistance Grant Program; 2374 eligibility for grants.— 2375 (4)(a) The funds appropriated for the Florida Private 2376 Student Assistance Grant Program shall be distributed to 2377 eligible institutions in accordance with a formula approved by 2378 the State Board of Education. The formula must consider at least 2379 the prior year’s distribution of funds, the number of eligible 2380 applicants who did not receive awards, the standardization of 2381 the expected family contribution, and provisions for unused 2382 funds. The formula must account for changes in the number of 2383 eligible students across all student assistance grant programs 2384 established pursuant to this section and ss. 1009.50, 1009.505, 2385 and 1009.52. 2386 Reviser’s note.—Amended to confirm the editorial insertion of 2387 the word “Program” to conform to the full name of the 2388 program. 2389 Section 61. Paragraph (a) of subsection (4) of section 2390 1009.52, Florida Statutes, is amended to read: 2391 1009.52 Florida Postsecondary Student Assistance Grant 2392 Program; eligibility for grants.— 2393 (4)(a) The funds appropriated for the Florida Postsecondary 2394 Student Assistance Grant Program shall be distributed to 2395 eligible institutions in accordance with a formula approved by 2396 the State Board of Education. The formula must consider at least 2397 the prior year’s distribution of funds, the number of eligible 2398 applicants who did not receive awards, the standardization of 2399 the expected family contribution, and provisions for unused 2400 funds. The formula must account for changes in the number of 2401 eligible students across all student assistance grant programs 2402 established pursuant to this section and ss. 1009.50, 1009.505, 2403 and 1009.51. 2404 Reviser’s note.—Amended to confirm the editorial insertion of 2405 the word “Program” to conform to the full name of the 2406 program. 2407 Section 62. Paragraph (a) of subsection (1) of section 2408 1009.65, Florida Statutes, is amended to read: 2409 1009.65 Medical Education Reimbursement and Loan Repayment 2410 Program.— 2411 (1) To encourage qualified medical professionals to 2412 practice in underserved locations where there are shortages of 2413 such personnel, there is established the Medical Education 2414 Reimbursement and Loan Repayment Program. The function of the 2415 program is to make payments that offset loans and educational 2416 expenses incurred by students for studies leading to a medical 2417 or nursing degree, medical or nursing licensure, or advanced 2418 practice registered nurse licensure or physician assistant 2419 licensure. The following licensed or certified health care 2420 professionals are eligible to participate in this program: 2421 (a) Medical doctors with primary care specialties, doctors 2422 of osteopathic medicine with primary care specialties, physician 2423 assistants, licensed practical nurses and registered nurses, and 2424 advanced practice registered nurses with primary care 2425 specialties such as certified nurse midwives. Primary care 2426 medical specialties for physicians include obstetrics, 2427 gynecology, general and family practice, internal medicine, 2428 pediatrics, and other specialties which may be identified by the 2429 Department of Health. From the funds available, the Department 2430 of Health shall make payments as follows: 2431 1. Up to $4,000 per year for licensed practical nurses and 2432 registered nurses, up to $10,000 per year for advanced practice 2433 registered nurses and physician assistants, and up to $20,000 2434 per year for physicians. Penalties for noncompliance shall be 2435 the same as those in the National Health Services Corps Loan 2436 Repayment Program. Educational expenses include costs for 2437 tuition, matriculation, registration, books, laboratory and 2438 other fees, other educational costs, and reasonable living 2439 expenses as determined by the Department of Health. 2440 2. All payments are contingent on continued proof of 2441 primary care practice in an area defined in s. 395.602(2)(b), or 2442 an underserved area designated by the Department of Health, 2443 provided the practitioner accepts Medicaid reimbursement if 2444 eligible for such reimbursement. Correctional facilities, state 2445 hospitals, and other state institutions that employ medical 2446 personnel shall be designated by the Department of Health as 2447 underserved locations. Locations with high incidences of infant 2448 mortality, high morbidity, or low Medicaid participation by 2449 health care professionals may be designated as underserved. 2450 Reviser’s note.—Amended to confirm the editorial reinsertion of 2451 the word “and” to correct a scrivener’s error in Committee 2452 Substitute for Committee Substitute for H.B. 607, as second 2453 engrossed; Committee Substitute for Committee Substitute 2454 for H.B. 607 became ch. 2020-9, Laws of Florida. 2455 Section 63. Paragraph (a) of subsection (9) of section 2456 1009.986, Florida Statutes, is amended to read: 2457 1009.986 Florida ABLE program.— 2458 (9) REPORTS.— 2459(a) On or before November 1, 2015, Florida ABLE, Inc.,2460shall prepare a report on the status of the establishment of the2461Florida ABLE program by Florida ABLE, Inc. The report must also2462include, if warranted, recommendations for statutory changes to2463enhance the effectiveness and efficiency of the program. Florida2464ABLE, Inc., shall submit copies of the report to the Governor,2465the President of the Senate, and the Speaker of the House of2466Representatives.2467 Reviser’s note.—Amended to delete an obsolete provision. 2468 Section 64. Paragraph (b) of subsection (8) and paragraphs 2469 (a) and (c) of subsection (17) of section 1011.62, Florida 2470 Statutes, are amended to read: 2471 1011.62 Funds for operation of schools.—If the annual 2472 allocation from the Florida Education Finance Program to each 2473 district for operation of schools is not determined in the 2474 annual appropriations act or the substantive bill implementing 2475 the annual appropriations act, it shall be determined as 2476 follows: 2477 (8) DECLINE IN FULL-TIME EQUIVALENT STUDENTS.— 2478 (b) The allocation authorized inthisparagraph (a) is 2479 suspended for the 2020-2021 fiscal year and does not apply 2480 during such fiscal year. This paragraph expires July 1, 2021. 2481 (17) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION.—The 2482 Legislature may provide an annual funding compression and hold 2483 harmless allocation in the General Appropriations Act. The 2484 allocation is created to provide additional funding to school 2485 districts if the school district’s total funds per FTE in the 2486 prior year were less than the statewide average or if the school 2487 district’s district cost differential in the current year is 2488 less than the prior year. The total allocation shall be 2489 distributed to eligible school districts as follows: 2490 (a) Using the most recent prior year FEFP calculation for 2491 each eligible school district, subtract the total school 2492 district funds per FTE from the state average funds per FTE, not 2493 including any adjustments made pursuant to paragraph (19)(b) 2494(18)(b). The resulting funds per FTE difference, or a portion 2495 thereof, as designated in the General Appropriations Act, shall 2496 then be multiplied by the school district’s total unweighted 2497 FTE. 2498 (c) Add the amounts calculated in paragraphs (a)(b)and 2499 (b)(c)and if the amount is greater than the amount included in 2500 the General Appropriations Act, the allocation shall be prorated 2501 to the appropriation amount based on each participating school 2502 district’s share. This subsection expires July 1, 2021. 2503 Reviser’s note.—Paragraph (8)(b) is amended to confirm the 2504 editorial deletion of the word “this” to provide clarity. 2505 Paragraph (17)(a) is amended to confirm the editorial 2506 substitution of a reference to paragraph (19)(b) for a 2507 reference to paragraph (18)(b) to conform to the 2508 redesignation of subsections by s. 15, ch. 2019-23, Laws of 2509 Florida. Paragraph (17)(c) is amended to confirm the 2510 editorial substitution of a reference to paragraphs (a) and 2511 (b) for a reference to paragraphs (b) and (c) to conform to 2512 the redesignation of paragraphs by the editors. 2513 Section 65. Except as otherwise expressly provided in this 2514 act, this act shall take effect on the 60th day after 2515 adjournment sine die of the session of the Legislature in which 2516 enacted.