Bill Text: FL S0310 | 2021 | Regular Session | Enrolled
Bill Title: Florida Statutes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-06-09 - Chapter No. 2021-52 [S0310 Detail]
Download: Florida-2021-S0310-Enrolled.html
ENROLLED 2021 Legislature SB 310 2021310er 1 2 An act relating to the Florida Statutes; repealing ss. 3 119.071(5)(k), 216.181(11)(e), 267.0618, 311.101(7), 4 339.2818(8), 464.012(8), 466.00673, 1002.394(15), and 5 1003.4282(9), F.S., and amending ss. 316.306, 381.986, 6 and 383.14, F.S., to delete provisions which have 7 become inoperative by noncurrent repeal or expiration 8 and, pursuant to s. 11.242(5)(b) and (i), F.S., may be 9 omitted from the 2021 Florida Statutes only through a 10 reviser’s bill duly enacted by the Legislature; 11 amending ss. 1002.3105 and 1003.5716, F.S., to conform 12 to the repeal of s. 1003.4282(9), F.S., by this act; 13 providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraph (k) of subsection (5) of section 18 119.071, Florida Statutes, is repealed. 19 Reviser’s note.—The cited paragraph, which relates to an 20 exemption from s. 119.07(1) and s. 24(a), Art. I of the 21 State Constitution, for identification and location 22 information held by an agency if a servicemember submits a 23 specified request and statement to the agency, expired 24 pursuant to its own terms, effective October 2, 2020. 25 Section 2. Paragraph (e) of subsection (11) of section 26 216.181, Florida Statutes, is repealed. 27 Reviser’s note.—The cited paragraph, which provides that, for 28 the 2019-2020 fiscal year only, the Legislative Budget 29 Commission may increase the amounts appropriated to the 30 Department of Environmental Protection for fixed capital 31 outlay projects using funds provided from a specified 32 environmental mitigation trust, expired pursuant to its own 33 terms, effective July 1, 2020. 34 Section 3. Section 267.0618, Florida Statutes, is repealed. 35 Reviser’s note.—The cited section, which relates to the Women’s 36 Suffrage Centennial Commission, expired pursuant to its own 37 terms, effective December 31, 2020. 38 Section 4. Subsection (7) of section 311.101, Florida 39 Statutes, is repealed. 40 Reviser’s note.—The cited subsection, which relates to at least 41 $5 million per year being made available from the State 42 Transportation Trust Fund for the Intermodal Logistics 43 Center Infrastructure Support Program, expired pursuant to 44 its own terms, effective July 1, 2020. 45 Section 5. Paragraph (a) of subsection (3) of section 46 316.306, Florida Statutes, is amended to read: 47 316.306 School and work zones; prohibition on the use of a 48 wireless communications device in a handheld manner.— 49 (3)(a)1. A person may not operate a motor vehicle while 50 using a wireless communications device in a handheld manner in a 51 designated school crossing, school zone, or work zone area as 52 defined in s. 316.003(105). This subparagraph shall only be 53 applicable to work zone areas if construction personnel are 54 present or are operating equipment on the road or immediately 55 adjacent to the work zone area. For the purposes of this 56 paragraph, a motor vehicle that is stationary is not being 57 operated and is not subject to the prohibition in this 58 paragraph. 59 2.a. During the period from October 1, 2019, through60December 31, 2019, a law enforcement officer may stop motor61vehicles to issue verbal or written warnings to persons who are62in violation of subparagraph 1. for the purposes of informing63and educating such persons of this section. This sub64subparagraph shall stand repealed on October 1, 2020.65b.Effective January 1, 2020, a law enforcement officer may 66 stop motor vehicles and issue citations to persons who are 67 driving while using a wireless communications device in a 68 handheld manner in violation of subparagraph 1. 69 Reviser’s note.—Amended to conform to the repeal of sub 70 subparagraph 2.a. pursuant to its own terms, effective 71 October 1, 2020. 72 Section 6. Subsection (8) of section 339.2818, Florida 73 Statutes, is repealed. 74 Reviser’s note.—The cited subsection, which provides that a 75 county or a municipality within a county designated in 76 Federal Emergency Management Agency disaster declaration 77 DR-4399 may compete for additional project funding, expired 78 pursuant to its own terms, effective July 1, 2020. 79 Section 7. Paragraph (a) of subsection (8) of section 80 381.986, Florida Statutes, is amended to read: 81 381.986 Medical use of marijuana.— 82 (8) MEDICAL MARIJUANA TREATMENT CENTERS.— 83 (a) The department shall license medical marijuana 84 treatment centers to ensure reasonable statewide accessibility 85 and availability as necessary for qualified patients registered 86 in the medical marijuana use registry and who are issued a 87 physician certification under this section. 88 1. As soon as practicable, but no later than July 3, 2017, 89 the department shall license as a medical marijuana treatment 90 center any entity that holds an active, unrestricted license to 91 cultivate, process, transport, and dispense low-THC cannabis, 92 medical cannabis, and cannabis delivery devices, under former s. 93 381.986, Florida Statutes 2016, before July 1, 2017, and which 94 meets the requirements of this section. In addition to the 95 authority granted under this section, these entities are 96 authorized to dispense low-THC cannabis, medical cannabis, and 97 cannabis delivery devices ordered pursuant to former s. 381.986, 98 Florida Statutes 2016, which were entered into the compassionate 99 use registry before July 1, 2017, and are authorized to begin 100 dispensing marijuana under this section on July 3, 2017. The 101 department may grant variances from the representations made in 102 such an entity’s original application for approval under former 103 s. 381.986, Florida Statutes 2014, pursuant to paragraph (e). 104 2. The department shall license as medical marijuana 105 treatment centers 10 applicants that meet the requirements of 106 this section, under the following parameters: 107 a. As soon as practicable, but no later than August 1, 108 2017, the department shall license any applicant whose 109 application was reviewed, evaluated, and scored by the 110 department and which was denied a dispensing organization 111 license by the department under former s. 381.986, Florida 112 Statutes 2014; which had one or more administrative or judicial 113 challenges pending as of January 1, 2017, or had a final ranking 114 within one point of the highest final ranking in its region 115 under former s. 381.986, Florida Statutes 2014; which meets the 116 requirements of this section; and which provides documentation 117 to the department that it has the existing infrastructure and 118 technical and technological ability to begin cultivating 119 marijuana within 30 days after registration as a medical 120 marijuana treatment center. 121 b. As soon as practicable, the department shall license one 122 applicant that is a recognized class member of Pigford v. 123 Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers 124 Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed 125 under this sub-subparagraph is exempt from the requirement of 126 subparagraph (b)2. 127 c. As soon as practicable, but no later than October 3, 128 2017, the department shall license applicants that meet the 129 requirements of this section in sufficient numbers to result in 130 10 total licenses issued under this subparagraph, while 131 accounting for the number of licenses issued under sub 132 subparagraphs a. and b. 133 3. For up to two of the licenses issued under subparagraph 134 2., the department shall give preference to applicants that 135 demonstrate in their applications that they own one or more 136 facilities that are, or were, used for the canning, 137 concentrating, or otherwise processing of citrus fruit or citrus 138 molasses and will use or convert the facility or facilities for 139 the processing of marijuana. 140 4. Within 6 months after the registration of 100,000 active 141 qualified patients in the medical marijuana use registry, the 142 department shall license four additional medical marijuana 143 treatment centers that meet the requirements of this section. 144 Thereafter, the department shall license four medical marijuana 145 treatment centers within 6 months after the registration of each 146 additional 100,000 active qualified patients in the medical 147 marijuana use registry that meet the requirements of this 148 section. 1495. Dispensing facilities are subject to the following150requirements:151a. A medical marijuana treatment center may not establish152or operate more than a statewide maximum of 25 dispensing153facilities, unless the medical marijuana use registry reaches a154total of 100,000 active registered qualified patients. When the155medical marijuana use registry reaches 100,000 active registered156qualified patients, and then upon each further instance of the157total active registered qualified patients increasing by158100,000, the statewide maximum number of dispensing facilities159that each licensed medical marijuana treatment center may160establish and operate increases by five.161b. A medical marijuana treatment center may not establish162more than the maximum number of dispensing facilities allowed in163each of the Northwest, Northeast, Central, Southwest, and164Southeast Regions. The department shall determine a medical165marijuana treatment center’s maximum number of dispensing166facilities allowed in each region by calculating the percentage167of the total statewide population contained within that region168and multiplying that percentage by the medical marijuana169treatment center’s statewide maximum number of dispensing170facilities established under sub-subparagraph a., rounded to the171nearest whole number. The department shall ensure that such172rounding does not cause a medical marijuana treatment center’s173total number of statewide dispensing facilities to exceed its174statewide maximum. The department shall initially calculate the175maximum number of dispensing facilities allowed in each region176for each medical marijuana treatment center using county177population estimates from the Florida Estimates of Population1782016, as published by the Office of Economic and Demographic179Research, and shall perform recalculations following the180official release of county population data resulting from each181United States Decennial Census. For the purposes of this182subparagraph:183(I) The Northwest Region consists of Bay, Calhoun,184Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,185Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,186Walton, and Washington Counties.187(II) The Northeast Region consists of Alachua, Baker,188Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,189Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,190Suwannee, and Union Counties.191(III) The Central Region consists of Brevard, Citrus,192Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,193Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia194Counties.195(IV) The Southwest Region consists of Charlotte, Collier,196DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,197Okeechobee, and Sarasota Counties.198(V) The Southeast Region consists of Broward, Miami-Dade,199Martin, Monroe, and Palm Beach Counties.200c. If a medical marijuana treatment center establishes a201number of dispensing facilities within a region that is less202than the number allowed for that region under sub-subparagraph203b., the medical marijuana treatment center may sell one or more204of its unused dispensing facility slots to other licensed205medical marijuana treatment centers. For each dispensing206facility slot that a medical marijuana treatment center sells,207that medical marijuana treatment center’s statewide maximum208number of dispensing facilities, as determined under sub209subparagraph a., is reduced by one. The statewide maximum number210of dispensing facilities for a medical marijuana treatment211center that purchases an unused dispensing facility slot is212increased by one per slot purchased. Additionally, the sale of a213dispensing facility slot shall reduce the seller’s regional214maximum and increase the purchaser’s regional maximum number of215dispensing facilities, as determined in sub-subparagraph b., by216one for that region. For any slot purchased under this sub217subparagraph, the regional restriction applied to that slot’s218location under sub-subparagraph b. before the purchase shall219remain in effect following the purchase. A medical marijuana220treatment center that sells or purchases a dispensing facility221slot must notify the department within 3 days of sale.222d. This subparagraph shall expire on April 1, 2020.223 224If this subparagraph or its application to any person or225circumstance is held invalid, the invalidity does not affect226other provisions or applications of this act which can be given227effect without the invalid provision or application, and to this228end, the provisions of this subparagraph are severable.229 Reviser’s note.—Amended to conform to the repeal of subparagraph 230 5. pursuant to its own terms, effective April 1, 2020. 231 Section 8. Paragraph (a) of subsection (2) of section 232 383.14, Florida Statutes, is amended to read: 233 383.14 Screening for metabolic disorders, other hereditary 234 and congenital disorders, and environmental risk factors.— 235 (2) RULES.— 236 (a) After consultation with the Genetics and Newborn 237 Screening Advisory Council, the department shall adopt and 238 enforce rules requiring that every newborn in this state shall: 239 1. Before becoming 1 week of age, be subjected to a test 240 for phenylketonuria; 241 2. Be tested for any condition included on the federal 242 Recommended Uniform Screening Panel which the council advises 243 the department should be included under the state’s screening 244 program. After the council recommends that a condition be 245 included, the department shall submit a legislative budget 246 request to seek an appropriation to add testing of the condition 247 to the newborn screening program. The department shall expand 248 statewide screening of newborns to include screening for such 249 conditions within 18 months after the council renders such 250 advice, if a test approved by the United States Food and Drug 251 Administration or a test offered by an alternative vendor is 252 available. If such a test is not available within 18 months 253 after the council makes its recommendation, the department shall 254 implement such screening as soon as a test offered by the United 255 States Food and Drug Administration or by an alternative vendor 256 is available; and 257 3. At the appropriate age, be tested for such other 258 metabolic diseases and hereditary or congenital disorders as the 259 department may deem necessary from time to time.; and2604. Notwithstanding subparagraph 2., be screened for spinal261muscular atrophy following integration of such a test into the262newborn screening testing panel. The department shall implement263such screening using a test offered by the United States Food264and Drug Administration or by an alternative vendor as soon as265practicable after July 1, 2019, but no later than May 3, 2020.266This subparagraph expires July 1, 2020.267 Reviser’s note.—Amended to conform to the expiration of 268 subparagraph 4. pursuant to its own terms, effective July 269 1, 2020. 270 Section 9. Subsection (8) of section 464.012, Florida 271 Statutes, is repealed. 272 Reviser’s note.—The cited subsection, which relates to a 273 transition timeline and process for advanced registered 274 nurse practitioners or clinical nurse specialists to 275 convert a certificate in good standing to a license that 276 becomes effective on October 1, 2018, to practice as an 277 advanced practice registered nurse, expired pursuant to its 278 own terms, effective October 1, 2020. 279 Section 10. Section 466.00673, Florida Statutes, is 280 repealed. 281 Reviser’s note.—The cited section, which relates to the repeal 282 of ss. 466.0067-466.00673, relating to health access dental 283 licenses, was repealed pursuant to its own terms, effective 284 January 1, 2020; the remaining sections in the range of 285 repealed sections were revived by ch. 2020-47, Laws of 286 Florida. 287 Section 11. Subsection (15) of section 1002.394, Florida 288 Statutes, is repealed. 289 Reviser’s note.—The cited subsection, which relates to the 290 implementation schedule for the Family Empowerment 291 Scholarship Program for the 2019-2020 school year, expired 292 pursuant to its own terms, effective June 30, 2020. 293 Section 12. Subsection (9) of section 1003.4282, Florida 294 Statutes, is repealed. 295 Reviser’s note.—The cited subsection, which relates to cohort 296 transition to new graduation requirements, was repealed 297 pursuant to its own terms, effective July 1, 2020. 298 Section 13. Subsection (5) of section 1002.3105, Florida 299 Statutes, is amended to read: 300 1002.3105 Academically Challenging Curriculum to Enhance 301 Learning (ACCEL) options.— 302 (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—A student who 303 meets the applicable grade 9 cohort graduation requirements of 304 s. 1003.4282(3)(a)-(e)or s. 1003.4282(9)(a)1.-5., (b)1.-5.,305(c)1.-5., or (d)1.-5., earns three credits in electives, and 306 earns a cumulative grade point average (GPA) of 2.0 on a 4.0 307 scale shall be awarded a standard high school diploma in a form 308 prescribed by the State Board of Education. 309 Reviser’s note.—Amended to conform to the repeal of s. 310 1003.4282(9) by this act. 311 Section 14. Paragraph (b) of subsection (2) of section 312 1003.5716, Florida Statutes, is amended to read: 313 1003.5716 Transition to postsecondary education and career 314 opportunities.—All students with disabilities who are 3 years of 315 age to 21 years of age have the right to a free, appropriate 316 public education. As used in this section, the term “IEP” means 317 individual education plan. 318 (2) Beginning not later than the first IEP to be in effect 319 when the student attains the age of 16, or younger if determined 320 appropriate by the parent and the IEP team, the IEP must include 321 the following statements that must be updated annually: 322 (b) A statement of intent to receive a standard high school 323 diploma before the student attains the age of 22 and a 324 description of how the student will fully meet the requirements 325 in s. 1003.4282, including, but not limited to, a portfolio 326 pursuant to s. 1003.4282(9)(b)1003.4282(10)(b)which meets the 327 criteria specified in State Board of Education rule. The IEP 328 must also specify the outcomes and additional benefits expected 329 by the parent and the IEP team at the time of the student’s 330 graduation. 331 Reviser’s note.—Amended to conform to the repeal of s. 332 1003.4282(9) by this act. 333 Section 15. This act shall take effect on the 60th day 334 after adjournment sine die of the session of the Legislature in 335 which enacted.