Bill Text: FL S0848 | 2022 | Regular Session | Enrolled


Bill Title: Florida Statutes

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2022-02-25 - Chapter No. 2022-4 [S0848 Detail]

Download: Florida-2022-S0848-Enrolled.html
       ENROLLED
       2022 Legislature                                          SB 848
       
       
       
       
       
       
                                                              2022848er
    1  
    2         An act relating to the Florida Statutes; amending ss.
    3         28.2221, 39.00146, 50.0211, 95.361, 97.0575, 102.072,
    4         110.117, 110.12303, 171.203, 189.0695, 193.4517,
    5         265.2865, 282.318, 282.319, 288.106, 288.8014,
    6         290.0475, 316.5501, 319.141, 319.1414, 319.25,
    7         322.032, 322.18, 337.11, 337.401, 350.0605, 366.02,
    8         366.032, 366.04, 366.96, 373.016, 373.0465, 373.701,
    9         373.707, 379.2311, 380.0933, 390.011, 395.002,
   10         395.701, 397.410, 402.62, 403.064, 403.086, 409.905,
   11         413.271, 420.602, 445.007, 468.505, 480.033, 553.791,
   12         604.73, 624.105, 624.51057, 626.9541, 633.202, 660.46,
   13         736.1008, 736.1411, 738.602, 765.101, 768.1382,
   14         768.381, 812.014, 812.015, 823.14, 849.086, 870.01,
   15         948.16, 1001.03, 1001.10, 1001.42, 1002.33, 1002.37,
   16         1002.421, 1002.82, 1003.4203, 1003.4282, 1003.5716,
   17         1004.015, 1004.097, 1006.60, 1008.25, 1008.30,
   18         1008.31, 1008.365, 1011.62, 1011.802, and 1012.976,
   19         F.S.; deleting provisions that have expired, have
   20         become obsolete, have had their effect, have served
   21         their purpose, or have been impliedly repealed or
   22         superseded; replacing incorrect cross-references and
   23         citations; correcting grammatical, typographical, and
   24         like errors; removing inconsistencies, redundancies,
   25         and unnecessary repetition in the statutes; and
   26         improving the clarity of the statutes and facilitating
   27         their correct interpretation; providing an effective
   28         date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (c) of subsection (5) of section
   33  28.2221, Florida Statutes, is amended to read:
   34         28.2221 Electronic access to official records.—
   35         (5)
   36         (c) Notice of the right of any affected party to request
   37  removal of information or records pursuant to this subsection
   38  must be conspicuously and clearly displayed by the county
   39  recorder on the publicly available Internet website on which
   40  images or copies of the county’s public records are placed and
   41  in the office of each county recorder. Such notice must contain
   42  appropriate instructions for making the removal request in
   43  person, by mail, or by electronic transmission. The notice must
   44  state, in substantially similar form, that any person has a
   45  right to request that a county recorder remove from a publicly
   46  available Internet website information made exempt from
   47  inspection or copying under s. 119.071 or an image or copy of a
   48  public record, including an official record, if that image or
   49  copy is of a military discharge; death certificate; or a court
   50  file, record, or paper relating to matters or cases governed by
   51  the Florida Rules of Family Law, the Florida Rules of Juvenile
   52  Procedure, or the Florida Probate Rules. The notice must state
   53  that information removed as exempt under s. 119.071 will not be
   54  removed from the Official Records as described in s. 28.222(2).
   55  Such request must be made in writing and delivered in person, by
   56  mail, or by electronic transmission to the county recorder. The
   57  request must identify the Official Records book and page number,
   58  instrument number, or clerk’s file number for any information or
   59  document to be removed. For requests for removal from a person
   60  claiming a public records exemption pursuant to s. 119.071, the
   61  request must be written; be notarized; state under oath the
   62  statutory basis for removal of the information, image, or copy
   63  that is restricted from general public display on the county
   64  recorder’s publicly available Internet website; and confirm the
   65  individual’s eligibility for exempt status. A party making a
   66  false attestation is subject to the penalty of perjury under s.
   67  837.012. A fee may not be charged for the removal of a document
   68  pursuant to such request.
   69         Reviser’s note.—Amended to confirm an editorial insertion to
   70         improve clarity.
   71         Section 2. Paragraph (h) of subsection (2) of section
   72  39.00146, Florida Statutes, is amended to read:
   73         39.00146 Case record face sheet.—
   74         (2) The case record of every child under the supervision or
   75  in the custody of the department or the department’s authorized
   76  agents, including community-based care lead agencies and their
   77  subcontracted providers, must include a face sheet containing
   78  relevant information about the child and his or her case,
   79  including at least all of the following:
   80         (h) If the child has any siblings and they are not placed
   81  in the same out-of-home placement, the reasons the children are
   82  not in joint placement and the reasonable efforts that the
   83  department or appropriate lead agency will make to provide
   84  frequent visitation or other ongoing interaction between the
   85  siblings, unless the court determines that the interaction would
   86  be contrary to a sibling’s safety or well-being in accordance
   87  with s. 39.4024.
   88         Reviser’s note.—Amended to confirm an editorial insertion to
   89         improve clarity.
   90         Section 3. Paragraph (b) of subsection (1) and paragraph
   91  (d) of subsection (4) of section 50.0211, Florida Statutes, are
   92  amended to read:
   93         50.0211 Internet website publication.—
   94         (1) As used in this section, the term:
   95         (b) “Governmental agency notice” includes any of the
   96  following notices required by law to be published in a
   97  newspaper:
   98         1. Notices related to special or local legal legislation
   99  pursuant to s. 11.02.
  100         2. Educational unit notices pursuant to s. 120.81.
  101         3. Retirement system notices pursuant to s. 121.0511.
  102         4. Notices related to inclusion of positions in the Senior
  103  Management Service Class of the Florida Retirement System
  104  pursuant to s. 121.055.
  105         5. Notices proposing the enactment of county ordinances
  106  pursuant to s. 125.66.
  107         6. Code enforcement notices published pursuant to s.
  108  162.12.
  109         7. Notices proposing the enactment of municipal ordinances
  110  pursuant to s. 166.041.
  111         8. Special district meeting notices pursuant to s. 189.015.
  112         9. Establishment and termination notices for community
  113  development districts pursuant to ss. 190.005 and 190.046,
  114  respectively.
  115         10. Disclosures of tax impact by value adjustment boards
  116  pursuant to s. 194.037.
  117         11. Advertisements of real or personal property with
  118  delinquent taxes pursuant to s. 197.402.
  119         12. Advertisements of hearing notices, millage rates, and
  120  budgets pursuant to s. 200.065.
  121         13. Turnpike project notices pursuant to s. 338.223.
  122         14. Public-private partnership notices pursuant to ss.
  123  348.0308 and 348.7605.
  124         15. Notices of prime recharge area designations for the
  125  Floridan and Biscayne aquifers pursuant to s. 373.0397.
  126         16. Water management district notices pursuant to s.
  127  373.146.
  128         17. Hazardous waste disposal notices pursuant to s.
  129  403.722.
  130         18. Forfeiture notices pursuant to ss. 849.38 and 932.704.
  131         (4)
  132         (d) The Florida Press Association shall seek to ensure that
  133  minority populations throughout the state have equitable access
  134  to legal notices posted on the statewide legal notice website
  135  located at: www.floridapublicnotices.com. The Florida Press
  136  Association shall publish a report listing all newspapers that
  137  have placed notices on www.floridapublicnotices.com in the
  138  preceding calendar quarter. The report must specifically
  139  identify which criteria under s. 50.011(1)(c)1.-3. that each
  140  newspaper satisfied. Each quarterly report must also include the
  141  number of unique visitors to the statewide legal notice website
  142  during that quarter and the number of legal notices that were
  143  published during that quarter by Internet-only publication or by
  144  publication in a print newspaper and on the statewide website.
  145  At a minimum, the reports for the 4 preceding calendar quarters
  146  shall be available on the website.
  147         Reviser’s note.—Paragraph (1)(b) is amended to conform to the
  148         fact that referenced s. 11.02 relates to notice of special
  149         or local legislation or certain relief acts. Paragraph
  150         (4)(d) is amended to confirm an editorial deletion to
  151         improve clarity.
  152         Section 4. Subsection (2) of section 95.361, Florida
  153  Statutes, is amended to read:
  154         95.361 Roads presumed to be dedicated.—
  155         (2) In those instances where a road has been constructed by
  156  a nongovernmental entity, or where the road was not constructed
  157  by the entity currently maintaining or repairing it, or where it
  158  cannot be determined who constructed the road, and when such
  159  road has been regularly maintained or repaired for the immediate
  160  past 7 years by a county, a municipality, or the Department of
  161  Transportation, whether jointly or severally, such road shall be
  162  deemed to be dedicated to the public to the extent of the width
  163  that actually has been maintained or repaired for the prescribed
  164  period, whether or not the road has been formally established as
  165  a public highway. This subsection shall not apply to an electric
  166  utility, as defined in s. 366.02(4) 366.02(2). The dedication
  167  shall vest all rights, title, easement, and appurtenances in and
  168  to the road in:
  169         (a) The county, if it is a county road;
  170         (b) The municipality, if it is a municipal street or road;
  171  or
  172         (c) The state, if it is a road in the State Highway System
  173  or State Park Road System,
  174  
  175  whether or not there is a record of conveyance, dedication, or
  176  appropriation to the public use.
  177         Reviser’s note.—Amended to conform to the reordering of
  178         definitions in s. 366.02 by this act.
  179         Section 5. Paragraph (a) of subsection (3) of section
  180  97.0575, Florida Statutes, is amended to read:
  181         97.0575 Third-party voter registrations.—
  182         (3)(a) A third-party voter registration organization that
  183  collects voter registration applications serves as a fiduciary
  184  to the applicant, ensuring that any voter registration
  185  application entrusted to the organization, irrespective of party
  186  affiliation, race, ethnicity, or gender, must be promptly
  187  delivered to the division or the supervisor of elections in the
  188  county in which the applicant resides within 14 days after the
  189  application was completed by the applicant, but not after
  190  registration closes for the next ensuing election. A third-party
  191  voter registration organization must notify the applicant at the
  192  time the application is collected that the organization might
  193  not deliver the application to the division or the supervisor of
  194  elections in the county in which the applicant resides in less
  195  than 14 days or before registration closes for the next ensuing
  196  election and must advise the applicant that he or she may
  197  deliver the application in person or by mail. The third-party
  198  voter registration organization must also inform the applicant
  199  how to register online with the division and how to determine
  200  whether the application has been delivered. If a voter
  201  registration application collected by any third-party voter
  202  registration organization is not promptly delivered to the
  203  division or supervisor of elections in the county in which the
  204  applicant resides, the third-party voter registration
  205  organization is liable for the following fines:
  206         1. A fine in the amount of $50 for each application
  207  received by the division or the supervisor of elections in the
  208  county in which the applicant resides more than 14 days after
  209  the applicant delivered the completed voter registration
  210  application to the third-party voter registration organization
  211  or any person, entity, or agent acting on its behalf. A fine in
  212  the amount of $250 for each application received if the third
  213  party voter registration organization or person, entity, or
  214  agency acting on its behalf acted willfully.
  215         2. A fine in the amount of $100 for each application
  216  collected by a third-party voter registration organization or
  217  any person, entity, or agent acting on its behalf, before book
  218  closing for any given election for federal or state office and
  219  received by the division or the supervisor of elections in the
  220  county in which the applicant resides after the book-closing
  221  deadline for such election. A fine in the amount of $500 for
  222  each application received if the third-party registration
  223  organization or person, entity, or agency acting on its behalf
  224  acted willfully.
  225         3. A fine in the amount of $500 for each application
  226  collected by a third-party voter registration organization or
  227  any person, entity, or agent acting on its behalf, which is not
  228  submitted to the division or supervisor of elections in the
  229  county in which the applicant resides. A fine in the amount of
  230  $1,000 for any application not submitted if the third-party
  231  voter registration organization or person, entity, or agency
  232  acting on its behalf acted willfully.
  233  
  234  The aggregate fine pursuant to this paragraph which may be
  235  assessed against a third-party voter registration organization,
  236  including affiliate organizations, for violations committed in a
  237  calendar year is $1,000.
  238         Reviser’s note.—Amended to confirm an editorial insertion to
  239         improve clarity.
  240         Section 6. Section 102.072, Florida Statutes, is amended to
  241  read:
  242         102.072 Vote-by-mail count reporting.—Beginning at 7 p.m.
  243  on election day, the supervisor must, at least once every hour
  244  while actively counting, post on his or her website the number
  245  of vote-by-mail ballots that have been received and the number
  246  of vote-by-mail ballots that remain uncounted.
  247         Reviser’s note.—Amended to improve sentence construction.
  248         Section 7. Subsection (1) of section 110.117, Florida
  249  Statutes, is amended to read:
  250         110.117 Paid holidays.—
  251         (1) The following holidays shall be paid holidays observed
  252  by all state branches and agencies:
  253         (a) New Year’s Day.
  254         (b) Birthday of Martin Luther King, Jr., third Monday in
  255  January.
  256         (c) Memorial Day.
  257         (d) Independence Day.
  258         (e) Labor Day.
  259         (f) Veterans’ Day, November 11.
  260         (g) Thanksgiving Day.
  261         (h) Friday after Thanksgiving.
  262         (i) Christmas Day.
  263         (j) If any of these holidays falls on Saturday, the
  264  preceding Friday shall be observed as a holiday. If any of these
  265  holidays falls on Sunday, the following Monday shall be observed
  266  as a holiday.
  267  
  268  If any of these holidays falls on Saturday, the preceding
  269  Friday shall be observed as a holiday. If any of these
  270  holidays falls on Sunday, the following Monday shall be
  271  observed as a holiday.
  272         Reviser’s note.—Amended to conform to context. Paragraph (j) is
  273         not a listed holiday and is applicable to the list of
  274         holidays in paragraphs (a)-(i).
  275         Section 8. Paragraph (e) of subsection (3) of section
  276  110.12303, Florida Statutes, is amended to read:
  277         110.12303 State group insurance program; additional
  278  benefits; price transparency program; reporting.—
  279         (3) The department shall contract with an entity that
  280  provides enrollees with online information on the cost and
  281  quality of health care services and providers, allows an
  282  enrollee to shop for health care services and providers, and
  283  rewards the enrollee by sharing savings generated by the
  284  enrollee’s choice of services or providers. The contract shall
  285  require the entity to:
  286         (e) On or before January 1 of 2019, 2020, and 2021, the
  287  department shall report to the Governor, the President of the
  288  Senate, and the Speaker of the House of Representatives on the
  289  participation level, amount paid to enrollees, and cost-savings
  290  to both the enrollees and the state resulting from the
  291  implementation of this subsection.
  292         Reviser’s note.—Amended to delete an obsolete provision.
  293         Section 9. Paragraph (d) of subsection (6) of section
  294  171.203, Florida Statutes, is amended to read:
  295         171.203 Interlocal service boundary agreement.—The
  296  governing body of a county and one or more municipalities or
  297  independent special districts within the county may enter into
  298  an interlocal service boundary agreement under this part. The
  299  governing bodies of a county, a municipality, or an independent
  300  special district may develop a process for reaching an
  301  interlocal service boundary agreement which provides for public
  302  participation in a manner that meets or exceeds the requirements
  303  of subsection (13), or the governing bodies may use the process
  304  established in this section.
  305         (6) An interlocal service boundary agreement may address
  306  any issue concerning service delivery, fiscal responsibilities,
  307  or boundary adjustment. The agreement may include, but need not
  308  be limited to, provisions that:
  309         (d) Address other services and infrastructure not currently
  310  provided by an electric utility as defined by s. 366.02(4)
  311  366.02(2) or a natural gas transmission company as defined by s.
  312  368.103(4). However, this paragraph does not affect any
  313  territorial agreement between electrical utilities or public
  314  utilities under chapter 366 or affect the determination of a
  315  territorial dispute by the Public Service Commission under s.
  316  366.04.
  317         Reviser’s note.—Amended to conform to the reordering of
  318         definitions in s. 366.02 by this act.
  319         Section 10. Paragraph (f) of subsection (1) of section
  320  189.0695, Florida Statutes, is amended to read:
  321         189.0695 Independent special districts; performance
  322  reviews.—
  323         (1) For purposes of this section, the term “performance
  324  review” means an evaluation of an independent special district
  325  and its programs, activities, and functions. The term includes
  326  research and analysis of the following:
  327         (f) The extent to which the special district’s goals and
  328  objectives have been achieved, including whether the goals and
  329  objectives are clearly stated, are measurable, adequately
  330  address the statutory purpose of the special district, provide
  331  sufficient direction for the district’s programs and activities,
  332  and may be achieved within the district’s adopted budget.
  333         Reviser’s note.—Amended to confirm an editorial insertion to
  334         improve clarity.
  335         Section 11. Paragraphs (a) and (b) of subsection (1) of
  336  section 193.4517, Florida Statutes, are amended to read:
  337         193.4517 Assessment of agricultural equipment rendered
  338  unable to be used due to Hurricane Michael.—
  339         (1) As used in this section, the term:
  340         (a) “Farm” has the same meaning as provided in s.
  341  823.14(3)(c) 823.14(3)(b).
  342         (b) “Farm operation” has the same meaning as provided in s.
  343  823.14(3)(d) 823.14(3)(c).
  344         Reviser’s note.—Amended to conform to the reordering of
  345         definitions in s. 823.14(3) by this act.
  346         Section 12. Subsection (6) of section 265.2865, Florida
  347  Statutes, is amended to read:
  348         265.2865 Florida Artists Hall of Fame.—
  349         (6) The Division of Arts and Culture of the Department of
  350  State shall adopt rules necessary to carry out the purposes of
  351  this section, including, but not limited to, procedures for
  352  accepting nominations to, making recommendations for, and
  353  selecting members of the Florida Artists Hall of Fame and
  354  providing travel expenses for such recipients. Notwithstanding
  355  s. 112.061, the Secretary of State may approve first-class
  356  travel accommodations for recipients of the Florida Artists Hall
  357  of Fame award and their representatives for health or security
  358  purposes.
  359         Reviser’s note.—Amended to confirm an editorial insertion to
  360         improve clarity.
  361         Section 13. Paragraph (h) of subsection (4) of section
  362  282.318, Florida Statutes, is amended to read:
  363         282.318 Cybersecurity.—
  364         (4) Each state agency head shall, at a minimum:
  365         (h) Ensure that the cybersecurity requirements in both the
  366  written specifications for the solicitation, contracts, and
  367  service-level agreement of information technology and
  368  information technology resources and services meet or exceed the
  369  applicable state and federal laws, regulations, and standards
  370  for cybersecurity, including the National Institute of Standards
  371  and Technology Cybersecurity Framework. Service-level agreements
  372  must identify service provider and state agency responsibilities
  373  for privacy and security, protection of government data,
  374  personnel background screening, and security deliverables with
  375  associated frequencies.
  376         Reviser’s note.—Amended to confirm an editorial deletion to
  377         facilitate correct interpretation.
  378         Section 14. Paragraph (j) of subsection (4) of section
  379  282.319, Florida Statutes, is amended to read:
  380         282.319 Florida Cybersecurity Advisory Council.—
  381         (4) The council shall be comprised of the following
  382  members:
  383         (j) Three representatives from critical infrastructure
  384  sectors, one of whom which must be from a water treatment
  385  facility, appointed by the Governor.
  386         Reviser’s note.—Amended to confirm an editorial substitution to
  387         conform to context.
  388         Section 15. Paragraph (q) of subsection (2) of section
  389  288.106, Florida Statutes, is amended to read:
  390         288.106 Tax refund program for qualified target industry
  391  businesses.—
  392         (2) DEFINITIONS.—As used in this section:
  393         (q) “Target industry business” means a corporate
  394  headquarters business or any business that is engaged in one of
  395  the target industries identified pursuant to the following
  396  criteria developed by the department in consultation with
  397  Enterprise Florida, Inc.:
  398         1. Future growth.—Industry forecasts should indicate strong
  399  expectation for future growth in both employment and output,
  400  according to the most recent available data. Special
  401  consideration should be given to businesses that export goods
  402  to, or provide services in, international markets and businesses
  403  that replace domestic and international imports of goods or
  404  services.
  405         2. Stability.—The industry should not be subject to
  406  periodic layoffs, whether due to seasonality or sensitivity to
  407  volatile economic variables such as weather. The industry should
  408  also be relatively resistant to recession, so that the demand
  409  for products of this industry is not typically subject to
  410  decline during an economic downturn.
  411         3. High wage.—The industry should pay relatively high wages
  412  compared to statewide or area averages.
  413         4. Market and resource independent.—The location of
  414  industry businesses should not be dependent on Florida markets
  415  or resources as indicated by industry analysis, except for
  416  businesses in the renewable energy industry.
  417         5. Industrial base diversification and strengthening.—The
  418  industry should contribute toward expanding or diversifying the
  419  state’s or area’s economic base, as indicated by analysis of
  420  employment and output shares compared to national and regional
  421  trends. Special consideration should be given to industries that
  422  strengthen regional economies by adding value to basic products
  423  or building regional industrial clusters as indicated by
  424  industry analysis. Special consideration should also be given to
  425  the development of strong industrial clusters that include
  426  defense and homeland security businesses.
  427         6. Positive economic impact.—The industry is expected to
  428  have strong positive economic impacts on or benefits to the
  429  state or regional economies. Special consideration should be
  430  given to industries that facilitate the development of the state
  431  as a hub for domestic and global trade and logistics.
  432  
  433  The term does not include any business engaged in retail
  434  industry activities; any electrical utility company as defined
  435  in s. 366.02(4) 366.02(2); any phosphate or other solid minerals
  436  severance, mining, or processing operation; any oil or gas
  437  exploration or production operation; or any business subject to
  438  regulation by the Division of Hotels and Restaurants of the
  439  Department of Business and Professional Regulation. Any business
  440  within NAICS code 5611 or 5614, office administrative services
  441  and business support services, respectively, may be considered a
  442  target industry business only after the local governing body and
  443  Enterprise Florida, Inc., make a determination that the
  444  community where the business may locate has conditions affecting
  445  the fiscal and economic viability of the local community or
  446  area, including but not limited to, factors such as low per
  447  capita income, high unemployment, high underemployment, and a
  448  lack of year-round stable employment opportunities, and such
  449  conditions may be improved by the location of such a business to
  450  the community. By January 1 of every 3rd year, beginning January
  451  1, 2011, the department, in consultation with Enterprise
  452  Florida, Inc., economic development organizations, the State
  453  University System, local governments, employee and employer
  454  organizations, market analysts, and economists, shall review
  455  and, as appropriate, revise the list of such target industries
  456  and submit the list to the Governor, the President of the
  457  Senate, and the Speaker of the House of Representatives.
  458         Reviser’s note.—Amended to conform to the reordering of
  459         definitions in s. 366.02 by this act.
  460         Section 16. Subsection (8) of section 288.8014, Florida
  461  Statutes, is amended to read:
  462         288.8014 Triumph Gulf Coast, Inc.; organization; board of
  463  directors.—
  464         (8) The Secretary of Economic Opportunity, or his or her
  465  designee, the Secretary of the Department of Environmental
  466  Protection, or his or her designee, and the chair of the
  467  Committee of 8 Disproportionally Affected Counties, or his or
  468  her designee, shall be available to consult with the board of
  469  directors and may be requested to attend meetings of the board
  470  of directors. These individuals shall not be permitted to vote
  471  on any matter before the board.
  472         Reviser’s note.—Amended to provide consistent terminology.
  473         “Secretary of Environmental Protection” is Florida Statutes
  474         preferred style.
  475         Section 17. Subsection (5) of section 290.0475, Florida
  476  Statutes, is amended to read:
  477         290.0475 Rejection of grant applications; penalties for
  478  failure to meet application conditions.—Applications are
  479  ineligible for funding if any of the following circumstances
  480  arise:
  481         (5) The applicant has an open community development block
  482  grant, except as provided in s. 290.046(2)(a)-(c) 290.046(2)(b)
  483  and (c) and department rules;
  484         Reviser’s note.—Amended to conform to the redesignation of s.
  485         290.046(2)(b) and (c) as s. 290.046(2)(a)-(c) by s. 5, ch.
  486         2021-25, Laws of Florida.
  487         Section 18. Paragraph (a) of subsection (1) of section
  488  316.5501, Florida Statutes, is amended to read:
  489         316.5501 Permitting program for combination truck tractor,
  490  semitrailer, and trailer combination coupled as a single unit
  491  subject to certain requirements.—
  492         (1) By no later than January 1, 2020, the Department of
  493  Transportation in conjunction with the Department of Highway
  494  Safety and Motor Vehicles shall develop a permitting program
  495  that, notwithstanding any other provision of law except
  496  conflicting federal law and applicable provisions of s. 316.550,
  497  prescribes the operation of any combination of truck tractor,
  498  semitrailer, and trailer combination coupled together so as to
  499  operate as a single unit in which the semitrailer and the
  500  trailer unit may each be up to 48 feet in length, but not less
  501  than 28 feet in length, if such truck tractor, semitrailer, and
  502  trailer combination is:
  503         (a) Being used for the primary purpose of transporting farm
  504  products as defined in s. 823.14(3)(e) 823.14(3)(d) on a
  505  prescribed route within the boundary of the Everglades
  506  Agricultural Area as described in s. 373.4592(15);
  507         Reviser’s note.—Amended to conform to the reordering of
  508         definitions in s. 823.14(3) by this act.
  509         Section 19. Subsection (10) of section 319.141, Florida
  510  Statutes, is amended to read:
  511         319.141 Rebuilt motor vehicle inspection program.—
  512         (10) On or before July 1, 2021, the department shall submit
  513  a written report to the President of the Senate and the Speaker
  514  of the House of Representatives evaluating the effectiveness of
  515  the program and whether to expand the program to other counties.
  516         Reviser’s note.—Amended to delete an obsolete provision; the
  517         referenced report was submitted July 1, 2021.
  518         Section 20. Subsection (3) of section 319.1414, Florida
  519  Statutes, is amended to read:
  520         319.1414 Department-authorized private rebuilt inspection
  521  providers; investigations; examinations; proceedings; subpoenas
  522  and other process; witnesses; oaths; rules.—
  523         (3) If a person refuses to testify; to produce books,
  524  papers, documents, or records; or to otherwise obey a subpoena
  525  or subpoena duces tecum issued under subsection (2), the
  526  department may petition a court of competent jurisdiction in the
  527  county where the person’s residence or principal place of
  528  business is located, upon which the court must issue an order
  529  requiring such person to obey the subpoena or show cause for
  530  failing to obey the subpoena. Unless the person shows sufficient
  531  cause for failing to obey the subpoena, the court shall direct
  532  the person to obey the subpoena. Failure to comply with such
  533  order is contempt of court.
  534         Reviser’s note.—Amended to confirm an editorial insertion to
  535         improve clarity.
  536         Section 21. Subsection (5) of section 319.25, Florida
  537  Statutes, is amended to read:
  538         319.25 Cancellation of certificates; investigations;
  539  examinations; proceedings; subpoenas and other process;
  540  witnesses; oaths; rules.—
  541         (5) If a person refuses to testify; to produce books,
  542  papers, documents, or records; or to otherwise obey the subpoena
  543  or subpoena duces tecum issued under subsection (4), the
  544  department may petition a court of competent jurisdiction in the
  545  county where the person’s residence or principal place of
  546  business is located, upon which the court must issue an order
  547  requiring such person to obey the subpoena or show cause for
  548  failing to obey the subpoena. Unless the person shows sufficient
  549  cause for failing to obey the subpoena, the court must direct
  550  the person to obey the subpoena. Failure to comply with such
  551  order is contempt of court.
  552         Reviser’s note.—Amended to confirm an editorial insertion to
  553         improve clarity.
  554         Section 22. Paragraph (b) of subsection (3) of section
  555  322.032, Florida Statutes, is amended to read:
  556         322.032 Digital proof of driver license or identification
  557  card.—
  558         (3)
  559         (b)1. Notwithstanding ss. 322.14, 322.141, and 322.142, and
  560  any other law prescribing the design for, or information
  561  required to be displayed on, a driver license, a digital proof
  562  of driver license may comprise a limited profile that includes
  563  only information necessary to conduct a specific transaction on
  564  the electronic credentialing system.
  565         2. Notwithstanding ss. 322.051 and 322.141, and any other
  566  law prescribing the design for, or information required to be
  567  displayed on, an identification card, a digital proof of
  568  identification card may comprise a limited profile that includes
  569  only information necessary to conduct a specific transaction on
  570  the electronic credentialing system.
  571         Reviser’s note.—Amended to confirm an editorial insertion to
  572         improve sentence structure.
  573         Section 23. Paragraph (f) of subsection (2) of section
  574  322.18, Florida Statutes, is amended to read:
  575         322.18 Original applications, licenses, and renewals;
  576  expiration of licenses; delinquent licenses.—
  577         (2) Each applicant who is entitled to the issuance of a
  578  driver license, as provided in this section, shall be issued a
  579  driver license, as follows:
  580         (f) Notwithstanding any other provision of this chapter, an
  581  applicant applying for an original issuance of a commercial
  582  driver license as defined in s. 322.01(7) shall be issued a
  583  driver license that expires at midnight 8 years after the
  584  licensee’s last birthday prior to issuance of the license.
  585         Reviser’s note.—Amended to improve clarity.
  586         Section 24. Subsection (15) of section 337.11, Florida
  587  Statutes, is amended to read:
  588         337.11 Contracting authority of department; bids; emergency
  589  repairs, supplemental agreements, and change orders; combined
  590  design and construction contracts; progress payments; records;
  591  requirements of vehicle registration.—
  592         (15) When the department determines that it is in the best
  593  interest of the public, the department may enter into a contract
  594  with an electric utility as defined in s. 366.02(4) 366.02(2)
  595  for the construction or maintenance of lighting on poles owned
  596  by the electric utility and located within a road right-of-way
  597  without competitive bidding. In any contract entered into
  598  without competition, the individuals taking part in the
  599  evaluation or award process shall attest in writing that they
  600  are independent of, and have no conflict of interest in, the
  601  entities evaluated and selected.
  602         Reviser’s note.—Amended to conform to the reordering of
  603         definitions in s. 366.02 by this act.
  604         Section 25. Paragraph (a) of subsection (1) of section
  605  337.401, Florida Statutes, is amended to read:
  606         337.401 Use of right-of-way for utilities subject to
  607  regulation; permit; fees.—
  608         (1)(a) The department and local governmental entities,
  609  referred to in this section and in ss. 337.402, 337.403, and
  610  337.404 as the “authority,” that have jurisdiction and control
  611  of public roads or publicly owned rail corridors are authorized
  612  to prescribe and enforce reasonable rules or regulations with
  613  reference to the placing and maintaining across, on, or within
  614  the right-of-way limits of any road or publicly owned rail
  615  corridors under their respective jurisdictions any electric
  616  transmission, voice, telegraph, data, or other communications
  617  services lines or wireless facilities; pole lines; poles;
  618  railways; ditches; sewers; water, heat, or gas mains; pipelines;
  619  fences; gasoline tanks and pumps; or other structures referred
  620  to in this section and in ss. 337.402, 337.403, and 337.404 as
  621  the “utility.” The department may enter into a permit-delegation
  622  agreement with a governmental entity if issuance of a permit is
  623  based on requirements that the department finds will ensure the
  624  safety and integrity of facilities of the Department of
  625  Transportation; however, the permit-delegation agreement does
  626  not apply to facilities of electric utilities as defined in s.
  627  366.02(4) 366.02(2).
  628         Reviser’s note.—Amended to conform to the reordering of
  629         definitions in s. 366.02 by this act.
  630         Section 26. Subsection (3) of section 350.0605, Florida
  631  Statutes, is amended to read:
  632         350.0605 Former commissioners and employees; representation
  633  of clients before commission.—
  634         (3) For a period of 2 years following termination of
  635  service on the commission, a former member may not accept
  636  employment by or compensation from a business entity which,
  637  directly or indirectly, owns or controls a public utility
  638  regulated by the commission, from a public utility regulated by
  639  the commission, from a business entity which, directly or
  640  indirectly, is an affiliate or subsidiary of a public utility
  641  regulated by the commission or is an actual business competitor
  642  of a local exchange company or public utility regulated by the
  643  commission and is otherwise exempt from regulation by the
  644  commission under ss. 364.02(13) and 366.02(8) 366.02(1), or from
  645  a business entity or trade association that has been a party to
  646  a commission proceeding within the 2 years preceding the
  647  member’s termination of service on the commission. This
  648  subsection applies only to members of the Florida Public Service
  649  Commission who are appointed or reappointed after May 10, 1993.
  650         Reviser’s note.—Amended to conform to the reordering of
  651         definitions in s. 366.02 by this act.
  652         Section 27. Section 366.02, Florida Statutes, is reordered
  653  and amended to read:
  654         366.02 Definitions.—As used in this chapter:
  655         (1)(4) “Attaching entity” means a person that is a local
  656  exchange carrier, a public utility, a communications services
  657  provider, a broadband service provider, or a cable television
  658  operator that owns or controls pole attachments.
  659         (2)(3) “Commission” means the Florida Public Service
  660  Commission.
  661         (3)(5) “Communications services provider” means an entity
  662  providing communications services as defined in s. 202.11(1).
  663         (4)(2) “Electric utility” means any municipal electric
  664  utility, investor-owned electric utility, or rural electric
  665  cooperative which owns, maintains, or operates an electric
  666  generation, transmission, or distribution system within the
  667  state.
  668         (5)(6) “Pole” means a pole used for electric distribution
  669  service, streetlights, communications services, local exchange
  670  services, or cable television services which is owned in whole
  671  or in part by a pole owner. The term does not include a pole
  672  used solely to support wireless communications service
  673  facilities or a pole with no electrical facilities attached.
  674         (6)(7) “Pole attachment” means any attachment by a public
  675  utility, local exchange carrier communications services
  676  provider, broadband provider, or cable television operator to a
  677  pole, duct, conduit, or right-of-way owned or controlled by a
  678  pole owner.
  679         (7)(8) “Pole owner” means a local exchange carrier, a
  680  public utility, a communications services provider, or a cable
  681  television operator that owns a pole.
  682         (8)(1) “Public utility” means every person, corporation,
  683  partnership, association, or other legal entity and their
  684  lessees, trustees, or receivers supplying electricity or gas
  685  (natural, manufactured, or similar gaseous substance) to or for
  686  the public within this state; but the term “public utility” does
  687  not include either a cooperative now or hereafter organized and
  688  existing under the Rural Electric Cooperative Law of the state;
  689  a municipality or any agency thereof; any dependent or
  690  independent special natural gas district; any natural gas
  691  transmission pipeline company making only sales or
  692  transportation delivery of natural gas at wholesale and to
  693  direct industrial consumers; any entity selling or arranging for
  694  sales of natural gas which neither owns nor operates natural gas
  695  transmission or distribution facilities within the state; or a
  696  person supplying liquefied petroleum gas, in either liquid or
  697  gaseous form, irrespective of the method of distribution or
  698  delivery, or owning or operating facilities beyond the outlet of
  699  a meter through which natural gas is supplied for compression
  700  and delivery into motor vehicle fuel tanks or other
  701  transportation containers, unless such person also supplies
  702  electricity or manufactured or natural gas.
  703         (9) “Redundant pole” means a pole owned or controlled by a
  704  pole owner which is:
  705         (a) Near or adjacent to a new pole that is intended to
  706  replace the old pole from which some or all of the pole
  707  attachments have not been removed and transferred to the new
  708  pole;
  709         (b) Left standing after the pole owner has relocated its
  710  facilities to underground but on which pole attachments of other
  711  attaching entities remain; or
  712         (c) Left standing after a pole owner’s attachments have
  713  been removed from that route or location to accommodate a new
  714  route or design for the delivery of service.
  715         Reviser’s note.—Amended to place the definitions of the section
  716         in alphabetical order.
  717         Section 28. Subsection (1) of section 366.032, Florida
  718  Statutes, is amended to read:
  719         366.032 Preemption over utility service restrictions.—
  720         (1) A municipality, county, special district, or other
  721  political subdivision of the state may not enact or enforce a
  722  resolution, ordinance, rule, code, or policy or take any action
  723  that restricts or prohibits or has the effect of restricting or
  724  prohibiting the types or fuel sources of energy production which
  725  may be used, delivered, converted, or supplied by the following
  726  entities to serve customers that such entities are authorized to
  727  serve:
  728         (a) A public utility or an electric utility as defined in
  729  this chapter;
  730         (b) An entity formed under s. 163.01 that generates, sells,
  731  or transmits electrical energy;
  732         (c) A natural gas utility as defined in s. 366.04(3)(c);
  733         (d) A natural gas transmission company as defined in s.
  734  368.103; or
  735         (e) A Category I liquefied petroleum gas dealer or Category
  736  II liquefied petroleum gas dispenser or Category III liquefied
  737  petroleum gas cylinder exchange operator as defined in s.
  738  527.01.
  739         Reviser’s note.—Amended to confirm an editorial insertion to
  740         improve clarity.
  741         Section 29. Paragraph (b) of subsection (9) of section
  742  366.04, Florida Statutes, is amended to read:
  743         366.04 Jurisdiction of commission.—
  744         (9)
  745         (b) The commission shall adopt rules to administer and
  746  implement this subsection. The rules must be proposed for
  747  adoption no later than April 1, 2022, and must address at least
  748  the following:
  749         1. Mandatory pole inspections, including repair or
  750  replacement;
  751         2. Vegetation management requirements for poles owned by
  752  providers of communications services; and
  753         3.2. Monetary penalties to be imposed upon any
  754  communications services provider that fails to comply with any
  755  such rule of the commission. Monetary penalties imposed by the
  756  commission must be consistent with s. 366.095.
  757         Reviser’s note.—Amended to confirm editorial changes to move a
  758         portion of subparagraph 1. to a new subparagraph 2. and
  759         redesignate present subparagraph 2. as subparagraph 3.,
  760         since the material appears to be a list, and to provide
  761         clarity.
  762         Section 30. Paragraph (a) of subsection (2) of section
  763  366.96, Florida Statutes, is amended to read:
  764         366.96 Storm protection plan cost recovery.—
  765         (2) As used in this section, the term:
  766         (a) “Public utility” or “utility” has the same meaning as
  767  set forth in s. 366.02(8) 366.02(1), except that it does not
  768  include a gas utility.
  769         Reviser’s note.—Amended to conform to the reordering of
  770         definitions in s. 366.02 by this act.
  771         Section 31. Paragraph (a) of subsection (4) of section
  772  373.016, Florida Statutes, is amended to read:
  773         373.016 Declaration of policy.—
  774         (4)(a) Because water constitutes a public resource
  775  benefiting the entire state, it is the policy of the Legislature
  776  that the waters in the state be managed on a state and regional
  777  basis. Consistent with this directive, the Legislature
  778  recognizes the need to allocate water throughout the state so as
  779  to meet all reasonable-beneficial uses. However, the Legislature
  780  acknowledges that such allocations have in the past adversely
  781  affected the water resources of certain areas in this state. To
  782  protect such water resources and to meet the current and future
  783  needs of those areas with abundant water, the Legislature
  784  directs the department and the water management districts to
  785  encourage the use of water from sources nearest the area of use
  786  or application whenever practicable. Such sources shall include
  787  all naturally occurring water sources and all alternative water
  788  sources, including, but not limited to, desalination,
  789  conservation, reuse of nonpotable reclaimed water and
  790  stormwater, and aquifer storage and recovery. Reuse of potable
  791  reclaimed water and stormwater shall not be subject to the
  792  evaluation described in s. 373.223(3)(a)-(g). However, this
  793  directive to encourage the use of water, whenever practicable,
  794  from sources nearest the area of use or application shall not
  795  apply to the transport and direct and indirect use of water
  796  within the area encompassed by the Central and Southern Florida
  797  Flood Control Project, nor shall it apply anywhere in the state
  798  to the transport and use of water supplied exclusively for
  799  bottled water as defined in s. 500.03(1)(d), nor shall it apply
  800  to the transport and use of reclaimed water for electrical power
  801  production by an electric utility as defined in s. 366.02(4)
  802  366.02(2).
  803         Reviser’s note.—Amended to conform to the reordering of
  804         definitions in s. 366.02 by this act.
  805         Section 32. Paragraph (d) of subsection (2) of section
  806  373.0465, Florida Statutes, is amended to read:
  807         373.0465 Central Florida Water Initiative.—
  808         (2)
  809         (d) The department, in consultation with the St. Johns
  810  River Water Management District, the South Florida Water
  811  Management District, the Southwest Florida Water Management
  812  District, and the Department of Agriculture and Consumer
  813  Services, shall adopt uniform rules for application within the
  814  Central Florida Water Initiative Area that include:
  815         1. A single, uniform definition of the term “harmful to the
  816  water resources” consistent with the term’s usage in s. 373.219;
  817         2. A single method for calculating residential per capita
  818  water use;
  819         3. A single process for permit reviews;
  820         4. A single, consistent process, as appropriate, to set
  821  minimum flows and minimum water levels and water reservations;
  822         5. A goal for residential per capita water use for each
  823  consumptive use permit;
  824         6. An annual conservation goal for each consumptive use
  825  permit consistent with the regional water supply plan;
  826         7. A drought allocation for supplemental irrigation for
  827  agricultural uses which is based on a 2-in-10-year rainfall
  828  condition or, if the applicant so requests, is based on a 5-in
  829  10-year rainfall condition alone or combined with the 2-in-10
  830  year rainfall condition. The applicable water management
  831  district may also condition, for information only purposes,
  832  consumptive use permits to advise permittees that their annual
  833  use of water should be less than the drought allocation in all
  834  years except for the drought condition that is the basis for the
  835  allocation or a more severe drought; and
  836         8. A process for the applicable water management district
  837  to annually examine an agricultural user’s 5-year moving average
  838  supplemental irrigation water use against the annual
  839  supplemental irrigation needs in the 5-in-10-year rainfall
  840  condition beginning no earlier than 5 years following the
  841  effective date of the rules adopted under this section. If this
  842  annual examination indicates that the agricultural user’s 5-year
  843  moving average use exceeds that needed in such rainfall
  844  condition for reasons other than prolonged periods of below
  845  average rainfall, the water management district may modify the
  846  agricultural user’s permit to include an annual supplemental
  847  irrigation allocation based on both the amount of supplemental
  848  irrigation required during a 2-in-10-year rainfall condition and
  849  the amount of supplemental irrigation required during a 5-in-10
  850  year rainfall condition as provided in rules adopted pursuant to
  851  this section. In such case, the supplemental irrigation
  852  allocation based on the 5-in-10-year rainfall condition shall be
  853  valid for only 5 years unless the agricultural user’s 5-year
  854  moving average use continues to exceed the amount of
  855  supplemental irrigation needed during a 5-in-10-year rainfall
  856  condition for reasons other than prolonged periods of drought.
  857  
  858  Subparagraphs 7. and 8. may not be construed to limit the
  859  ability of the department or a water management district to
  860  establish different supplemental irrigation requirements as part
  861  of an existing or future recovery or prevention strategy adopted
  862  pursuant to s. 373.0363, s. 373.042, or s. 373.0421. The uniform
  863  rules must include existing recovery strategies within the
  864  Central Florida Water Initiative Area adopted before July 1,
  865  2016. The department may grant variances to the uniform rules if
  866  there are unique circumstances or hydrogeological factors that
  867  make application of the uniform rules unrealistic or
  868  impractical.
  869         Reviser’s note.—Amended to confirm an editorial insertion to
  870         improve clarity.
  871         Section 33. Paragraph (a) of subsection (2) of section
  872  373.701, Florida Statutes, is amended to read:
  873         373.701 Declaration of policy.—It is declared to be the
  874  policy of the Legislature:
  875         (2)(a) Because water constitutes a public resource
  876  benefiting the entire state, it is the policy of the Legislature
  877  that the waters in the state be managed on a state and regional
  878  basis. Consistent with this directive, the Legislature
  879  recognizes the need to allocate water throughout the state so as
  880  to meet all reasonable-beneficial uses. However, the Legislature
  881  acknowledges that such allocations have in the past adversely
  882  affected the water resources of certain areas in this state. To
  883  protect such water resources and to meet the current and future
  884  needs of those areas with abundant water, the Legislature
  885  directs the department and the water management districts to
  886  encourage the use of water from sources nearest the area of use
  887  or application whenever practicable. Such sources shall include
  888  all naturally occurring water sources and all alternative water
  889  sources, including, but not limited to, desalination,
  890  conservation, reuse of nonpotable reclaimed water and
  891  stormwater, and aquifer storage and recovery. Reuse of potable
  892  reclaimed water and stormwater shall not be subject to the
  893  evaluation described in s. 373.223(3)(a)-(g). However, this
  894  directive to encourage the use of water, whenever practicable,
  895  from sources nearest the area of use or application shall not
  896  apply to the transport and direct and indirect use of water
  897  within the area encompassed by the Central and Southern Florida
  898  Flood Control Project, nor shall it apply anywhere in the state
  899  to the transport and use of water supplied exclusively for
  900  bottled water as defined in s. 500.03(1)(d), nor shall it apply
  901  to the transport and use of reclaimed water for electrical power
  902  production by an electric utility as defined in s. 366.02(4)
  903  366.02(2).
  904         Reviser’s note.—Amended to conform to the reordering of
  905         definitions in s. 366.02 by this act.
  906         Section 34. Paragraph (a) of subsection (9) of section
  907  373.707, Florida Statutes, is amended to read:
  908         373.707 Alternative water supply development.—
  909         (9) Funding assistance provided by the water management
  910  districts for a water reuse system may include the following
  911  conditions for that project if a water management district
  912  determines that such conditions will encourage water use
  913  efficiency:
  914         (a) Metering of reclaimed water use for residential
  915  irrigation, agricultural irrigation, industrial uses, except for
  916  electric utilities as defined in s. 366.02(4) 366.02(2),
  917  landscape irrigation, golf course irrigation, irrigation of
  918  other public access areas, commercial and institutional uses
  919  such as toilet flushing, and transfers to other reclaimed water
  920  utilities;
  921         Reviser’s note.—Amended to conform to the reordering of
  922         definitions in s. 366.02 by this act.
  923         Section 35. Paragraph (d) of subsection (2) of section
  924  379.2311, Florida Statutes, is amended to read:
  925         379.2311 Nonnative animal management.—
  926         (2) The Legislature finds that priority invasive species
  927  continue to expand their range and to decimate the fauna and
  928  flora of the Everglades and other natural areas and ecosystems
  929  in the southern and central parts of the state at an
  930  accelerating rate. Therefore, the commission shall establish a
  931  pilot program to mitigate the impact of priority invasive
  932  species on the public lands or waters of this state.
  933         (d) The commission shall submit a report of findings and
  934  recommendations regarding its implementation of the pilot
  935  program to the Governor, the President of the Senate, and the
  936  Speaker of the House of Representatives by January 1, 2021.
  937         Reviser’s note.—Amended to delete an obsolete provision.
  938         Section 36. Paragraph (g) of subsection (2) of section
  939  380.0933, Florida Statutes, is amended to read:
  940         380.0933 Florida Flood Hub for Applied Research and
  941  Innovation.—
  942         (2) The hub shall, at a minimum:
  943         (g) Assist in the development of training and in the
  944  development of a workforce in the state that is knowledgeable
  945  about flood and sea level rise research, prediction, and
  946  adaptation and mitigation strategies.
  947         Reviser’s note.—Amended to confirm an editorial insertion to
  948         improve clarity.
  949         Section 37. Subsection (7) of section 390.011, Florida
  950  Statutes, is amended to read:
  951         390.011 Definitions.—As used in this chapter, the term:
  952         (7) “Hospital” means a facility as defined in s.
  953  395.002(12) 395.002(13) and licensed under chapter 395 and part
  954  II of chapter 408.
  955         Reviser’s note.—Amended to conform to the reordering of
  956         definitions in s. 395.002 by this act.
  957         Section 38. Subsections (10) through (13) of section
  958  395.002, Florida Statutes, are reordered and amended, and
  959  subsection (28) of that section is amended, to read:
  960         395.002 Definitions.—As used in this chapter:
  961         (10)(11) “General hospital” means any facility which meets
  962  the provisions of subsection (12) subsection (13) and which
  963  regularly makes its facilities and services available to the
  964  general population.
  965         (11)(12) “Governmental unit” means the state or any county,
  966  municipality, or other political subdivision, or any department,
  967  division, board, or other agency of any of the foregoing.
  968         (12)(13) “Hospital” means any establishment that:
  969         (a) Offers services more intensive than those required for
  970  room, board, personal services, and general nursing care, and
  971  offers facilities and beds for use beyond 24 hours by
  972  individuals requiring diagnosis, treatment, or care for illness,
  973  injury, deformity, infirmity, abnormality, disease, or
  974  pregnancy; and
  975         (b) Regularly makes available at least clinical laboratory
  976  services, diagnostic X-ray services, and treatment facilities
  977  for surgery or obstetrical care, or other definitive medical
  978  treatment of similar extent, except that a critical access
  979  hospital, as defined in s. 408.07, shall not be required to make
  980  available treatment facilities for surgery, obstetrical care, or
  981  similar services as long as it maintains its critical access
  982  hospital designation and shall be required to make such
  983  facilities available only if it ceases to be designated as a
  984  critical access hospital.
  985  
  986  However, the provisions of this chapter do not apply to any
  987  institution conducted by or for the adherents of any well
  988  recognized church or religious denomination that depends
  989  exclusively upon prayer or spiritual means to heal, care for, or
  990  treat any person. For purposes of local zoning matters, the term
  991  “hospital” includes a medical office building located on the
  992  same premises as a hospital facility, provided the land on which
  993  the medical office building is constructed is zoned for use as a
  994  hospital; provided the premises were zoned for hospital purposes
  995  on January 1, 1992.
  996         (13)(10) “Hospital-based off-campus emergency department”
  997  means a facility that:
  998         (a) Provides emergency services and care;
  999         (b) Is owned and operated by a licensed hospital and
 1000  operates under the license of the hospital; and
 1001         (c) Is located on separate premises from the hospital.
 1002         (28) “Specialty hospital” means any facility which meets
 1003  the provisions of subsection (12) subsection (13), and which
 1004  regularly makes available either:
 1005         (a) The range of medical services offered by general
 1006  hospitals but restricted to a defined age or gender group of the
 1007  population;
 1008         (b) A restricted range of services appropriate to the
 1009  diagnosis, care, and treatment of patients with specific
 1010  categories of medical or psychiatric illnesses or disorders; or
 1011         (c) Intensive residential treatment programs for children
 1012  and adolescents as defined in subsection (16).
 1013         Reviser’s note.—Amended to place the definitions in subsections
 1014         (10) through (13) in alphabetical order and to conform
 1015         cross-references.
 1016         Section 39. Paragraph (c) of subsection (1) of section
 1017  395.701, Florida Statutes, is amended to read:
 1018         395.701 Annual assessments on net operating revenues for
 1019  inpatient and outpatient services to fund public medical
 1020  assistance; administrative fines for failure to pay assessments
 1021  when due; exemption.—
 1022         (1) For the purposes of this section, the term:
 1023         (c) “Hospital” means a health care institution as defined
 1024  in s. 395.002(12) 395.002(13), but does not include any hospital
 1025  operated by a state agency.
 1026         Reviser’s note.—Amended to conform to the reordering of
 1027         definitions in s. 395.002 by this act.
 1028         Section 40. Subsections (3) and (4) of section 397.410,
 1029  Florida Statutes, are amended to read:
 1030         397.410 Licensure requirements; minimum standards; rules.—
 1031         (3) By October 1, 2017, the department shall publish a
 1032  notice of development of rulemaking, and by January 1, 2018, the
 1033  department shall publish a notice of proposed rule pursuant to
 1034  s. 120.54(3)(a) to implement the provisions of this section.
 1035         (4) The department shall provide a report to the Governor,
 1036  the President of the Senate, and the Speaker of the House of
 1037  Representatives by December 1, 2020, concerning the
 1038  appropriateness of service component licensure requirements as
 1039  those requirements apply to the qualifications of personnel
 1040  providing direct clinical treatment. The report shall include,
 1041  but not be limited to, the requirements established in rule, the
 1042  number and nature of complaints received regarding personnel
 1043  providing direct clinical treatment and about the qualifications
 1044  of the individuals subject to the complaints, and the
 1045  precipitating cause, number, and types of licensure actions
 1046  taken by the department regarding such personnel.
 1047         Reviser’s note.—Amended to delete obsolete provisions.
 1048         Section 41. Paragraph (d) of subsection (4) of section
 1049  402.62, Florida Statutes, is amended to read:
 1050         402.62 Strong Families Tax Credit.—
 1051         (4) RESPONSIBILITIES OF THE DEPARTMENT.—The Department of
 1052  Children and Families shall do all of the following:
 1053         (d) Compel the return of funds that are provided to an
 1054  eligible charitable organization that fails to comply with the
 1055  requirements of this section. Eligible charitable organizations
 1056  that are subject to return of funds are ineligible to receive
 1057  funding under this section for a period of 10 years after final
 1058  agency action to compel the return of funding.
 1059         Reviser’s note.—Amended to confirm an editorial insertion to
 1060         improve clarity.
 1061         Section 42. Subsection (16) of section 403.064, Florida
 1062  Statutes, is amended to read:
 1063         403.064 Reuse of reclaimed water.—
 1064         (16) Utilities implementing reuse projects are encouraged,
 1065  except in the case of use by electric utilities as defined in s.
 1066  366.02(4) 366.02(2), to meter use of reclaimed water by all end
 1067  users and to charge for the use of reclaimed water based on the
 1068  actual volume used when such metering and charges can be shown
 1069  to encourage water conservation. Metering and the use of volume
 1070  based rates are effective water management tools for the
 1071  following reuse activities: residential irrigation, agricultural
 1072  irrigation, industrial uses, landscape irrigation, irrigation of
 1073  other public access areas, commercial and institutional uses
 1074  such as toilet flushing, and transfers to other reclaimed water
 1075  utilities. Each domestic wastewater utility that provides
 1076  reclaimed water for the reuse activities listed in this section
 1077  shall include a summary of its metering and rate structure as
 1078  part of its annual reuse report to the department.
 1079         Reviser’s note.—Amended to conform to the reordering of
 1080         definitions in s. 366.02 by this act.
 1081         Section 43. Paragraph (d) of subsection (1) and subsection
 1082  (10) of section 403.086, Florida Statutes, are amended to read:
 1083         403.086 Sewage disposal facilities; advanced and secondary
 1084  waste treatment.—
 1085         (1)
 1086         (d) By December 31, 2020, the department, in consultation
 1087  with the water management districts and sewage disposal
 1088  facilities, shall submit to the Governor, the President of the
 1089  Senate, and the Speaker of the House of Representatives a
 1090  progress report on the status of upgrades made by each facility
 1091  to meet the advanced waste treatment requirements under
 1092  paragraph (c). The report must include a list of sewage disposal
 1093  facilities required to upgrade to advanced waste treatment, the
 1094  preliminary cost estimates for the upgrades, and a projected
 1095  timeline of the dates by which the upgrades will begin and be
 1096  completed and the date by which operations of the upgraded
 1097  facility will begin.
 1098         (10) The Legislature finds that the discharge of domestic
 1099  wastewater through ocean outfalls wastes valuable water supplies
 1100  that should be reclaimed for beneficial purposes to meet public
 1101  and natural systems demands. The Legislature also finds that
 1102  discharge of domestic wastewater through ocean outfalls
 1103  compromises the coastal environment, quality of life, and local
 1104  economies that depend on those resources. The Legislature
 1105  declares that more stringent treatment and management
 1106  requirements for such domestic wastewater and the subsequent,
 1107  timely elimination of ocean outfalls as a primary means of
 1108  domestic wastewater discharge are in the public interest.
 1109         (a) The construction of new ocean outfalls for domestic
 1110  wastewater discharge and the expansion of existing ocean
 1111  outfalls for this purpose, along with associated pumping and
 1112  piping systems, are prohibited. Each domestic wastewater ocean
 1113  outfall shall be limited to the discharge capacity specified in
 1114  the department permit authorizing the outfall in effect on July
 1115  1, 2008, which discharge capacity shall not be increased.
 1116  Maintenance of existing, department-authorized domestic
 1117  wastewater ocean outfalls and associated pumping and piping
 1118  systems is allowed, subject to the requirements of this section.
 1119  The department is directed to work with the United States
 1120  Environmental Protection Agency to ensure that the requirements
 1121  of this subsection are implemented consistently for all domestic
 1122  wastewater facilities in the state which discharge through ocean
 1123  outfalls.
 1124         (b) The discharge of domestic wastewater through ocean
 1125  outfalls must meet advanced wastewater treatment and management
 1126  requirements by December 31, 2018. For purposes of this
 1127  subsection, the term “advanced wastewater treatment and
 1128  management requirements” means the advanced waste treatment
 1129  requirements set forth in subsection (4), a reduction in outfall
 1130  baseline loadings of total nitrogen and total phosphorus which
 1131  is equivalent to that which would be achieved by the advanced
 1132  waste treatment requirements in subsection (4), or a reduction
 1133  in cumulative outfall loadings of total nitrogen and total
 1134  phosphorus occurring between December 31, 2008, and December 31,
 1135  2025, which is equivalent to that which would be achieved if the
 1136  advanced waste treatment requirements in subsection (4) were
 1137  fully implemented beginning December 31, 2018, and continued
 1138  through December 31, 2025. The department shall establish the
 1139  average baseline loadings of total nitrogen and total phosphorus
 1140  for each outfall using monitoring data available for calendar
 1141  years 2003 through 2007 and establish required loading
 1142  reductions based on this baseline. The baseline loadings and
 1143  required loading reductions of total nitrogen and total
 1144  phosphorus shall be expressed as an average annual daily loading
 1145  value. The advanced wastewater treatment and management
 1146  requirements of this paragraph are deemed met for any domestic
 1147  wastewater facility discharging through an ocean outfall on July
 1148  1, 2008, which has installed by December 31, 2018, a fully
 1149  operational reuse system comprising 100 percent of the
 1150  facility’s baseline flow on an annual basis for reuse activities
 1151  authorized by the department.
 1152         (c)1. Each utility that had a permit for a domestic
 1153  wastewater facility that discharged through an ocean outfall on
 1154  July 1, 2008, must install, or cause to be installed, a
 1155  functioning reuse system within the utility’s service area or,
 1156  by contract with another utility, within Miami-Dade County,
 1157  Broward County, or Palm Beach County by December 31, 2025. For
 1158  purposes of this subsection, a “functioning reuse system” means
 1159  an environmentally, economically, and technically feasible
 1160  system that provides a minimum of 60 percent of a facility’s
 1161  baseline flow on an annual basis for irrigation of public access
 1162  areas, residential properties, or agricultural crops; aquifer
 1163  recharge; groundwater recharge; industrial cooling; or other
 1164  acceptable reuse purposes authorized by the department. For
 1165  purposes of this subsection, the term “baseline flow” means the
 1166  annual average flow of domestic wastewater discharging through
 1167  the facility’s ocean outfall, as determined by the department,
 1168  using monitoring data available for calendar years 2003 through
 1169  2007.
 1170         2. Flows diverted from facilities to other facilities that
 1171  provide 100-percent reuse of the diverted flows before December
 1172  31, 2025, are considered to contribute to meeting the reuse
 1173  requirement. For utilities operating more than one outfall, the
 1174  reuse requirement may be apportioned between the facilities
 1175  served by the outfalls, including flows diverted to other
 1176  facilities for 100-percent reuse before December 31, 2025.
 1177  Utilities that shared a common ocean outfall for the discharge
 1178  of domestic wastewater on July 1, 2008, regardless of which
 1179  utility operates the ocean outfall, are individually responsible
 1180  for meeting the reuse requirement and may enter into binding
 1181  agreements to share or transfer such responsibility among the
 1182  utilities. If treatment in addition to the advanced wastewater
 1183  treatment and management requirements described in paragraph (b)
 1184  is needed to support a functioning reuse system, the treatment
 1185  must be fully operational by December 31, 2025.
 1186         3. If a facility that discharges through an ocean outfall
 1187  contracts with another utility to install a functioning reuse
 1188  system, the department must approve any apportionment of the
 1189  reuse generated from the new or expanded reuse system that is
 1190  intended to satisfy all or a portion of the reuse requirements
 1191  pursuant to subparagraph 1. If a contract is between two
 1192  utilities that have reuse requirements pursuant to subparagraph
 1193  1., the reuse apportioned to each utility’s requirement may not
 1194  exceed the total reuse generated by the new or expanded reuse
 1195  system. A utility shall provide the department a copy of any
 1196  contract with another utility that reflects an agreement between
 1197  the utilities which is subject to the requirements of this
 1198  subparagraph.
 1199         (d) The discharge of domestic wastewater through ocean
 1200  outfalls is prohibited after December 31, 2025, except as a
 1201  backup discharge that is part of a functioning reuse system or
 1202  other wastewater management system authorized by the department.
 1203  Except as otherwise provided in this subsection, a backup
 1204  discharge may occur only during periods of reduced demand for
 1205  reclaimed water in the reuse system, such as periods of wet
 1206  weather, or as the result of peak flows from other wastewater
 1207  management systems, and must comply with the advanced wastewater
 1208  treatment and management requirements of paragraph (b). Peak
 1209  flow backup discharges from other wastewater management systems
 1210  may not cumulatively exceed 5 percent of a facility’s baseline
 1211  flow, measured as a 5-year rolling average, and are subject to
 1212  applicable secondary waste treatment and water-quality-based
 1213  effluent limitations specified in department rules. If peak flow
 1214  backup discharges are in compliance with the effluent
 1215  limitations, the discharges are deemed to meet the advanced
 1216  wastewater treatment and management requirements of this
 1217  subsection.
 1218         (e) The holder of a department permit authorizing the
 1219  discharge of domestic wastewater through an ocean outfall as of
 1220  July 1, 2008, shall submit the following to the secretary of the
 1221  department:
 1222         1. A detailed plan to meet the requirements of this
 1223  subsection, including the identification of the technical,
 1224  environmental, and economic feasibility of various reuse
 1225  options; the identification of each land acquisition and
 1226  facility necessary to provide for reuse of the domestic
 1227  wastewater; an analysis of the costs to meet the requirements,
 1228  including the level of treatment necessary to satisfy state
 1229  water quality requirements and local water quality
 1230  considerations and a cost comparison of reuse using flows from
 1231  ocean outfalls and flows from other domestic wastewater sources;
 1232  and a financing plan for meeting the requirements, including
 1233  identifying any actions necessary to implement the financing
 1234  plan, such as bond issuance or other borrowing, assessments,
 1235  rate increases, fees, other charges, or other financing
 1236  mechanisms. The plan must evaluate reuse demand in the context
 1237  of future regional water supply demands, the availability of
 1238  traditional water supplies, the need for development of
 1239  alternative water supplies, the degree to which various reuse
 1240  options offset potable water supplies, and other factors
 1241  considered in the Lower East Coast Regional Water Supply Plan of
 1242  the South Florida Water Management District. The plan must
 1243  include a detailed schedule for the completion of all necessary
 1244  actions and be accompanied by supporting data and other
 1245  documentation. The plan must be submitted by July 1, 2013.
 1246         2. By July 1, 2016, an update of the plan required in
 1247  subparagraph 1. documenting any refinements or changes in the
 1248  costs, actions, or financing necessary to eliminate the ocean
 1249  outfall discharge in accordance with this subsection or a
 1250  written statement that the plan is current and accurate.
 1251         (e)(f) By December 31, 2009, and by December 31 every 5
 1252  years thereafter, the holder of a department permit authorizing
 1253  the discharge of domestic wastewater through an ocean outfall
 1254  shall submit to the secretary of the department a report
 1255  summarizing the actions accomplished to date and the actions
 1256  remaining and proposed to meet the requirements of this
 1257  subsection, including progress toward meeting the specific
 1258  deadlines set forth in paragraphs (b) through (d) paragraphs (b)
 1259  through (e). The report shall include the detailed schedule for
 1260  and status of the evaluation of reuse and disposal options,
 1261  preparation of preliminary design reports, preparation and
 1262  submittal of permit applications, construction initiation,
 1263  construction progress milestones, construction completion,
 1264  initiation of operation, and continuing operation and
 1265  maintenance.
 1266         (f)(g) By July 1, 2010, and by July 1 every 5 years
 1267  thereafter, the department shall submit a report to the
 1268  Governor, the President of the Senate, and the Speaker of the
 1269  House of Representatives on the implementation of this
 1270  subsection. In the report, the department shall summarize
 1271  progress to date, including the increased amount of reclaimed
 1272  water provided and potable water offsets achieved, and identify
 1273  any obstacles to continued progress, including all instances of
 1274  substantial noncompliance.
 1275         (g)(h) The renewal of each permit that authorizes the
 1276  discharge of domestic wastewater through an ocean outfall as of
 1277  July 1, 2008, must be accompanied by an order in accordance with
 1278  s. 403.088(2)(e) and (f) which establishes an enforceable
 1279  compliance schedule consistent with the requirements of this
 1280  subsection.
 1281         (h)(i) An entity that diverts wastewater flow from a
 1282  receiving facility that discharges domestic wastewater through
 1283  an ocean outfall must meet the reuse requirement of paragraph
 1284  (c). Reuse by the diverting entity of the diverted flows shall
 1285  be credited to the diverting entity. The diverted flow shall
 1286  also be correspondingly deducted from the receiving facility’s
 1287  baseline flow from which the required reuse is calculated
 1288  pursuant to paragraph (c), and the receiving facility’s reuse
 1289  requirement shall be recalculated accordingly.
 1290  
 1291  The department, the South Florida Water Management District, and
 1292  the affected utilities must consider the information in the
 1293  detailed plan in paragraph (e) for the purpose of adjusting, as
 1294  necessary, the reuse requirements of this subsection. The
 1295  department shall submit a report to the Legislature by February
 1296  15, 2015, containing recommendations for any changes necessary
 1297  to the requirements of this subsection.
 1298         Reviser’s note.—Amended to delete obsolete provisions and to
 1299         correct a cross-reference to conform.
 1300         Section 44. Subsection (8) of section 409.905, Florida
 1301  Statutes, is amended to read:
 1302         409.905 Mandatory Medicaid services.—The agency may make
 1303  payments for the following services, which are required of the
 1304  state by Title XIX of the Social Security Act, furnished by
 1305  Medicaid providers to recipients who are determined to be
 1306  eligible on the dates on which the services were provided. Any
 1307  service under this section shall be provided only when medically
 1308  necessary and in accordance with state and federal law.
 1309  Mandatory services rendered by providers in mobile units to
 1310  Medicaid recipients may be restricted by the agency. Nothing in
 1311  this section shall be construed to prevent or limit the agency
 1312  from adjusting fees, reimbursement rates, lengths of stay,
 1313  number of visits, number of services, or any other adjustments
 1314  necessary to comply with the availability of moneys and any
 1315  limitations or directions provided for in the General
 1316  Appropriations Act or chapter 216.
 1317         (8) NURSING FACILITY SERVICES.—The agency shall pay for 24
 1318  hour-a-day nursing and rehabilitative services for a recipient
 1319  in a nursing facility licensed under part II of chapter 400 or
 1320  in a rural hospital, as defined in s. 395.602, or in a Medicare
 1321  certified skilled nursing facility operated by a hospital, as
 1322  defined by s. 395.002(10) 395.002(11), that is licensed under
 1323  part I of chapter 395, and in accordance with provisions set
 1324  forth in s. 409.908(2)(a), which services are ordered by and
 1325  provided under the direction of a licensed physician. However,
 1326  if a nursing facility has been destroyed or otherwise made
 1327  uninhabitable by natural disaster or other emergency and another
 1328  nursing facility is not available, the agency must pay for
 1329  similar services temporarily in a hospital licensed under part I
 1330  of chapter 395 provided federal funding is approved and
 1331  available. The agency shall pay only for bed-hold days if the
 1332  facility has an occupancy rate of 95 percent or greater. The
 1333  agency is authorized to seek any federal waivers to implement
 1334  this policy.
 1335         Reviser’s note.—Amended to conform to the reordering of
 1336         definitions in s. 395.002 by this act.
 1337         Section 45. Paragraph (a) of subsection (1) and paragraph
 1338  (b) of subsection (2) of section 413.271, Florida Statutes, are
 1339  amended to read:
 1340         413.271 Florida Coordinating Council for the Deaf and Hard
 1341  of Hearing.—
 1342         (1) For purposes of this section, the term:
 1343         (a) “Communication access real-time realtime translation”
 1344  means the instant translation of the spoken word into English
 1345  text using information technology in which the text appears on a
 1346  computer monitor or other display.
 1347  
 1348  For purposes of this section, individuals with any level of loss
 1349  of hearing provided in the definitions in this subsection are
 1350  included in references to deaf or hard of hearing individuals.
 1351         (2)
 1352         (b) The coordinating council shall be composed of 17
 1353  members. The appointment of members not representing agencies
 1354  shall be made by the Governor. The appointment of members
 1355  representing organizations shall be made by the Governor in
 1356  consultation with those organizations. The membership shall be
 1357  as follows:
 1358         1. Two members representing the Florida Association of the
 1359  Deaf.
 1360         2. Two members representing the Florida Association of Self
 1361  Help for Hard of Hearing People.
 1362         3. A member representing the Association of Late-Deafened
 1363  Adults.
 1364         4. An individual who is deaf and blind.
 1365         5. A parent of an individual who is deaf.
 1366         6. A member representing the Deaf Service Center
 1367  Association.
 1368         7. A member representing the Florida Registry of
 1369  Interpreters for the Deaf.
 1370         8. A member representing the Florida Alexander Graham Bell
 1371  Association for the Deaf and Hard of Hearing.
 1372         9. A communication access real-time realtime translator.
 1373         10. An audiologist licensed under part I of chapter 468.
 1374         11. A hearing aid specialist licensed under part II of
 1375  chapter 484.
 1376         12. The Secretary of Children and Families or his or her
 1377  designee.
 1378         13. The State Surgeon General or his or her designee.
 1379         14. The Commissioner of Education or his or her designee.
 1380         15. The Secretary of Elderly Affairs or his or her
 1381  designee.
 1382  
 1383  If any organization from which a representative is to be drawn
 1384  ceases to exist, a representative of a similar organization
 1385  shall be named to the coordinating council. The Governor shall
 1386  make appointments to the coordinating council and may remove any
 1387  member for cause. Each member shall be appointed to a term of 4
 1388  years. Any vacancy on the coordinating council shall be filled
 1389  in the same manner as the original appointment, and any member
 1390  appointed to fill a vacancy occurring because of death,
 1391  resignation, or ineligibility for membership shall serve only
 1392  for the unexpired term of the member’s predecessor. Prior to
 1393  serving on the coordinating council, all appointees must attend
 1394  orientation training that shall address, at a minimum, the
 1395  provisions of this section; the programs operated by the
 1396  coordinating council; the role and functions of the coordinating
 1397  council; the current budget for the coordinating council; the
 1398  results of the most recent formal audit of the coordinating
 1399  council; and the requirements of the state’s public records law,
 1400  the code of ethics, the Administrative Procedure Act, and other
 1401  laws relating to public officials, including conflict-of
 1402  interest laws.
 1403         Reviser’s note.—Amended to conform to usage in the Florida
 1404         Statutes.
 1405         Section 46. Subsection (1) of section 420.602, Florida
 1406  Statutes, is amended to read:
 1407         420.602 Definitions.—As used in this part, the following
 1408  terms shall have the following meanings, unless the context
 1409  otherwise requires:
 1410         (1) “Adjusted for family size” means adjusted in a manner
 1411  which results in an income eligibility level which is lower for
 1412  households with fewer than four people, or higher for households
 1413  with more than four people, than the base income eligibility
 1414  level determined as provided in subsection (8) subsection (9),
 1415  subsection (9) subsection (10), or subsection (11) subsection
 1416  (12), based upon a formula as established by rule of the
 1417  corporation.
 1418         Reviser’s note.—Amended to confirm the editorial substitution of
 1419         cross-references to conform to the repeal of former
 1420         subsection (7) by s. 46, ch. 2021-25, Laws of Florida.
 1421         Section 47. Paragraph (a) of subsection (2) and paragraphs
 1422  (a) and (b) of subsection (11) of section 445.007, Florida
 1423  Statutes, are amended to read:
 1424         445.007 Local workforce development boards.—
 1425         (2)(a) The local workforce development board shall elect a
 1426  chair from among the representatives described in Pub. L. No.
 1427  113-128, Title I, s. 107(b)(2)(A) to serve for a term of no more
 1428  than 2 years who and may not serve more than two terms as chair.
 1429  Members of a local workforce development board shall serve
 1430  staggered terms and may not serve for more than 8 consecutive
 1431  years, unless such member is a representative of a governmental
 1432  entity. Service in a term of office which commenced before July
 1433  1, 2021, does not count toward the 8-year limitation.
 1434         (11)(a) To increase transparency and accountability, a
 1435  local workforce development board must comply with the
 1436  requirements of this section before contracting with a member of
 1437  the local board; a relative, as defined in s. 112.3143(1)(c), of
 1438  a local board member; an organization or individual represented
 1439  on the local board; or of an employee of the local board. Such
 1440  contracts may not be executed before or without the prior
 1441  approval of the department. Such contracts, as well as
 1442  documentation demonstrating adherence to this section as
 1443  specified by the department, must be submitted to the department
 1444  for review and approval. Such a contract must be approved by a
 1445  two-thirds vote of the local board, a quorum having been
 1446  established; all conflicts of interest must be disclosed before
 1447  the vote in a manner that is consistent with the procedures
 1448  outlined in s. 112.3143(4); and any member who may benefit from
 1449  the contract, or whose organization or relative may benefit from
 1450  the contract, must abstain from the vote. A contract subject to
 1451  the requirements of this subsection may not be included on a
 1452  consent agenda.
 1453         (b) A contract under $10,000 between a local board; a
 1454  relative, as defined in s. 112.3143(1)(c), of a local board
 1455  member; or of an employee of the local board is not required to
 1456  have the prior approval of the department, but must be approved
 1457  by a two-thirds vote of the local board, a quorum having been
 1458  established, and must be reported to the department and the
 1459  state board within 30 days after approval.
 1460         Reviser’s note.—Paragraph (2)(a) is amended to confirm an
 1461         editorial substitution to improve clarity. Paragraphs
 1462         (11)(a) and (b) are amended to confirm editorial deletions
 1463         to improve clarity.
 1464         Section 48. Paragraph (l) of subsection (1) of section
 1465  468.505, Florida Statutes, is amended to read:
 1466         468.505 Exemptions; exceptions.—
 1467         (1) Nothing in this part may be construed as prohibiting or
 1468  restricting the practice, services, or activities of:
 1469         (l) A person employed by a nursing facility exempt from
 1470  licensing under s. 395.002(12) 395.002(13), or a person exempt
 1471  from licensing under s. 464.022.
 1472         Reviser’s note.—Amended to conform to the reordering of
 1473         definitions in s. 395.002 by this act.
 1474         Section 49. Subsection (9) of section 480.033, Florida
 1475  Statutes, is amended to read:
 1476         480.033 Definitions.—As used in this act:
 1477         (9) “Licensure” means the procedure by which a person,
 1478  hereinafter referred to as a “practitioner,” applies to the
 1479  board for approval to practice massage therapy or to operate an
 1480  establishment.
 1481         Reviser’s note.—Amended to conform to ch. 2021-143, Laws of
 1482         Florida, which substituted references to massage therapy
 1483         practice for references to massage practice.
 1484         Section 50. Paragraphs (g), (h), and (i) of subsection (1)
 1485  of section 553.791, Florida Statutes, are reordered and amended
 1486  to read:
 1487         553.791 Alternative plans review and inspection.—
 1488         (1) As used in this section, the term:
 1489         (g)(h) “Electronic signature” means any letters,
 1490  characters, or symbols manifested by electronic or similar means
 1491  which are executed or adopted by a party with an intent to
 1492  authenticate a writing or record.
 1493         (h)(i) “Electronic transmission” or “submitted
 1494  electronically” means any form or process of communication not
 1495  directly involving the physical transfer of paper or another
 1496  tangible medium which is suitable for the retention, retrieval,
 1497  and reproduction of information by the recipient and is
 1498  retrievable in paper form by the receipt through an automated
 1499  process. All notices provided for in this section may be
 1500  transmitted electronically and shall have the same legal effect
 1501  as if physically posted or mailed.
 1502         (i)(g) “Electronically posted” means providing notices of
 1503  decisions, results, or records, including inspection records,
 1504  through the use of a website or other form of electronic
 1505  communication used to transmit or display information.
 1506         Reviser’s note.—Amended to place the definitions in paragraphs
 1507         (g) though (i) in alphabetical order.
 1508         Section 51. Paragraph (c) of subsection (5) of section
 1509  604.73, Florida Statutes, is amended to read:
 1510         604.73 Urban agriculture pilot projects; local regulation
 1511  of urban agriculture.—
 1512         (5) LOCAL REGULATION.—Notwithstanding s. 604.50, s. 823.14,
 1513  or any other law to the contrary, urban agriculture is subject
 1514  to applicable municipal regulations if:
 1515         (c) Before the reenactment of the regulations under
 1516  paragraph (b), the municipality designates existing farm
 1517  operations, as defined in s. 823.14(3)(d) 823.14(3)(b), within
 1518  its jurisdiction as legally nonconforming.
 1519         Reviser’s note.—Amended to conform to the reordering of
 1520         definitions in s. 823.14(3) by this act.
 1521         Section 52. Section 624.105, Florida Statutes, is amended
 1522  to read:
 1523         624.105 Waiver of customer liability.—Any regulated company
 1524  as defined in s. 350.111, any electric utility as defined in s.
 1525  366.02(4) 366.02(2), any utility as defined in s. 367.021(12) or
 1526  s. 367.022(2) and (7), and any provider of communications
 1527  services as defined in s. 202.11(1) may charge for and include
 1528  an optional waiver of liability provision in their customer
 1529  contracts under which the entity agrees to waive all or a
 1530  portion of the customer’s liability for service from the entity
 1531  for a defined period in the event of the customer’s call to
 1532  active military service, death, disability, involuntary
 1533  unemployment, qualification for family leave, or similar
 1534  qualifying event or condition. Such provisions may not be
 1535  effective in the customer’s contract with the entity unless
 1536  affirmatively elected by the customer. No such provision shall
 1537  constitute insurance so long as the provision is a contract
 1538  between the entity and its customer.
 1539         Reviser’s note.—Amended to conform to the reordering of
 1540         definitions in s. 366.02 by this act.
 1541         Section 53. Subsection (1) of section 624.51057, Florida
 1542  Statutes, is amended to read:
 1543         624.51057 Credit for contributions to eligible charitable
 1544  organizations.—
 1545         (1) For taxable years beginning on or after January 1,
 1546  2022, there is allowed a credit of 100 percent of an eligible
 1547  contribution made to an eligible charitable organization under
 1548  s. 402.62 against any tax due for a taxable year under s.
 1549  624.509(1) after deducting from such tax deductions for
 1550  assessments made pursuant to s. 440.51; credits for taxes paid
 1551  under ss. 175.101 and 185.08; credits for income taxes paid
 1552  under chapter 220; and the credit allowed under s. 624.509(5),
 1553  as such credit is limited by s. 624.509(6). An eligible
 1554  contribution must be made to an eligible charitable organization
 1555  on or before the date the taxpayer is required to file a return
 1556  pursuant to ss. 624.509 and 624.5092. An insurer claiming a
 1557  credit against premium tax liability under this section is not
 1558  required to pay any additional retaliatory tax levied under s.
 1559  624.5091 as a result of claiming such credit. Section 624.5091
 1560  does not limit such credit in any manner.
 1561         Reviser’s note.—Amended to confirm an editorial insertion to
 1562         improve clarity.
 1563         Section 54. Paragraph (i) of subsection (1) of section
 1564  626.9541, Florida Statutes, is amended to read:
 1565         626.9541 Unfair methods of competition and unfair or
 1566  deceptive acts or practices defined.—
 1567         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1568  ACTS.—The following are defined as unfair methods of competition
 1569  and unfair or deceptive acts or practices:
 1570         (i) Unfair claim settlement practices.—
 1571         1. Attempting to settle claims on the basis of an
 1572  application, when serving as a binder or intended to become a
 1573  part of the policy, or any other material document which was
 1574  altered without notice to, or knowledge or consent of, the
 1575  insured;
 1576         2. A material misrepresentation made to an insured or any
 1577  other person having an interest in the proceeds payable under
 1578  such contract or policy, for the purpose and with the intent of
 1579  effecting settlement of such claims, loss, or damage under such
 1580  contract or policy on less favorable terms than those provided
 1581  in, and contemplated by, such contract or policy; or
 1582         3. Committing or performing with such frequency as to
 1583  indicate a general business practice any of the following:
 1584         a. Failing to adopt and implement standards for the proper
 1585  investigation of claims;
 1586         b. Misrepresenting pertinent facts or insurance policy
 1587  provisions relating to coverages at issue;
 1588         c. Failing to acknowledge and act promptly upon
 1589  communications with respect to claims;
 1590         d. Denying claims without conducting reasonable
 1591  investigations based upon available information;
 1592         e. Failing to affirm or deny full or partial coverage of
 1593  claims, and, as to partial coverage, the dollar amount or extent
 1594  of coverage, or failing to provide a written statement that the
 1595  claim is being investigated, upon the written request of the
 1596  insured within 30 days after proof-of-loss statements have been
 1597  completed;
 1598         f. Failing to promptly provide a reasonable explanation in
 1599  writing to the insured of the basis in the insurance policy, in
 1600  relation to the facts or applicable law, for denial of a claim
 1601  or for the offer of a compromise settlement;
 1602         g. Failing to promptly notify the insured of any additional
 1603  information necessary for the processing of a claim; or
 1604         h. Failing to clearly explain the nature of the requested
 1605  information and the reasons why such information is necessary;
 1606  or.
 1607         i. Failing to pay personal injury protection insurance
 1608  claims within the time periods required by s. 627.736(4)(b). The
 1609  office may order the insurer to pay restitution to a
 1610  policyholder, medical provider, or other claimant, including
 1611  interest at a rate consistent with the amount set forth in s.
 1612  55.03(1), for the time period within which an insurer fails to
 1613  pay claims as required by law. Restitution is in addition to any
 1614  other penalties allowed by law, including, but not limited to,
 1615  the suspension of the insurer’s certificate of authority; or.
 1616         4. Failing to pay undisputed amounts of partial or full
 1617  benefits owed under first-party property insurance policies
 1618  within 90 days after an insurer receives notice of a residential
 1619  property insurance claim, determines the amounts of partial or
 1620  full benefits, and agrees to coverage, unless payment of the
 1621  undisputed benefits is prevented by an act of God, prevented by
 1622  the impossibility of performance, or due to actions by the
 1623  insured or claimant that constitute fraud, lack of cooperation,
 1624  or intentional misrepresentation regarding the claim for which
 1625  benefits are owed.
 1626         Reviser’s note.—Amended to correct punctuation sequences.
 1627         Section 55. Paragraph (b) of subsection (16) of section
 1628  633.202, Florida Statutes, is amended to read:
 1629         633.202 Florida Fire Prevention Code.—
 1630         (16)
 1631         (b) Notwithstanding any other provision of law:
 1632         1. A nonresidential farm building in which the occupancy is
 1633  limited by the property owner to no more than 35 persons is
 1634  exempt from the Florida Fire Prevention Code, including the
 1635  national codes and Life Safety Code incorporated by reference.
 1636         2. An agricultural pole barn is exempt from the Florida
 1637  Fire Prevention Code, including the national codes and the Life
 1638  Safety Code incorporated by reference.
 1639         3. Except for an agricultural pole barn, a structure on a
 1640  farm, as defined in s. 823.14(3)(c) 823.14(3)(b), which is used
 1641  by an owner for agritourism activity, as defined in s. 570.86,
 1642  for which the owner receives consideration must be classified in
 1643  one of the following classes:
 1644         a. Class 1: A nonresidential farm building that is used by
 1645  the owner 12 or fewer times per year for agritourism activity
 1646  with up to 100 persons occupying the structure at one time. A
 1647  structure in this class is subject to annual inspection for
 1648  classification by the local authority having jurisdiction. This
 1649  class is not subject to the Florida Fire Prevention Code but is
 1650  subject to rules adopted by the State Fire Marshal pursuant to
 1651  this section.
 1652         b. Class 2: A nonresidential farm building that is used by
 1653  the owner for agritourism activity with up to 300 persons
 1654  occupying the structure at one time. A structure in this class
 1655  is subject to annual inspection for classification by the local
 1656  authority having jurisdiction. This class is not subject to the
 1657  Florida Fire Prevention Code but is subject to rules adopted by
 1658  the State Fire Marshal pursuant to this section.
 1659         c. Class 3: A structure or facility that is used primarily
 1660  for housing, sheltering, or otherwise accommodating members of
 1661  the general public. A structure or facility in this class is
 1662  subject to annual inspection for classification by the local
 1663  authority having jurisdiction. This class is subject to the
 1664  Florida Fire Prevention Code.
 1665         Reviser’s note.—Amended to conform to the reordering of
 1666         definitions in s. 823.14(3) by this act.
 1667         Section 56. Paragraph (e) of subsection (1) of section
 1668  660.46, Florida Statutes, is amended to read:
 1669         660.46 Substitution of fiduciaries.—
 1670         (1) The provisions of this section shall apply to the
 1671  transfer of fiduciary accounts by substitution, and for those
 1672  purposes these provisions shall constitute alternative
 1673  procedures to those provided or required by any other provisions
 1674  of law relating to the transfer of fiduciary accounts or the
 1675  substitution of persons acting or who are to act in a fiduciary
 1676  capacity. In this section, and only for its purposes, the term:
 1677         (e) “Trust disclosure document” has the meaning ascribed in
 1678  s. 736.1008(4)(c) 736.1008(4)(a).
 1679         Reviser’s note.—Amended to conform to the reordering of
 1680         definitions in s. 736.1008 by this act.
 1681         Section 57. Subsection (4) of section 736.1008, Florida
 1682  Statutes, is reordered and amended to read:
 1683         736.1008 Limitations on proceedings against trustees.—
 1684         (4) As used in this section, the term:
 1685         (a)(c) “Limitation notice” means a written statement of the
 1686  trustee or a trust director that an action by a beneficiary for
 1687  breach of trust based on any matter adequately disclosed in a
 1688  trust disclosure document may be barred unless the action is
 1689  commenced within 6 months after receipt of the trust disclosure
 1690  document or receipt of a limitation notice that applies to that
 1691  trust disclosure document, whichever is later. A limitation
 1692  notice may but is not required to be in the following form: “An
 1693  action for breach of trust based on matters disclosed in a trust
 1694  accounting or other written report of the trustee or a trust
 1695  director may be subject to a 6-month statute of limitations from
 1696  the receipt of the trust accounting or other written report. If
 1697  you have questions, please consult your attorney.”
 1698         (b) “Trust accounting” means an accounting that adequately
 1699  discloses the information required by and that substantially
 1700  complies with the standards set forth in s. 736.08135.
 1701         (c)(a) “Trust disclosure document” means a trust accounting
 1702  or any other written report of the trustee or a trust director.
 1703  A trust disclosure document adequately discloses a matter if the
 1704  document provides sufficient information so that a beneficiary
 1705  knows of a claim or reasonably should have inquired into the
 1706  existence of a claim with respect to that matter.
 1707         Reviser’s note.—Amended to place the definitions in subsection
 1708         (4) in alphabetical order.
 1709         Section 58. Paragraph (a) of subsection (1) and paragraph
 1710  (a) of subsection (2) of section 736.1411, Florida Statutes, are
 1711  amended to read:
 1712         736.1411 No duty to monitor, inform, or advise.—
 1713         (1) Notwithstanding s. 736.1409(1), relating to the duty of
 1714  a directed trustee to take reasonable action when directed and
 1715  to the release of liability for such action, unless the terms of
 1716  a trust provide otherwise:
 1717         (a) A trustee does not have a duty to:
 1718         1. Monitor a trust director; or
 1719         2. Inform or give advice to a settlor, beneficiary,
 1720  trustee, or trust director concerning an instance in which the
 1721  trustee might have acted differently from than the trust
 1722  director.
 1723         (2) Notwithstanding s. 736.1408(1), relating to the
 1724  fiduciary duty of a trust director, unless the terms of a trust
 1725  provide otherwise:
 1726         (a) A trust director does not have a duty to:
 1727         1. Monitor a trustee or another trust director; or
 1728         2. Inform or give advice to a settlor, beneficiary,
 1729  trustee, or another trust director concerning an instance in
 1730  which the trust director might have acted differently from than
 1731  a trustee or another trust director.
 1732         Reviser’s note.—Amended to confirm an editorial substitution to
 1733         conform to context.
 1734         Section 59. Paragraph (a) of subsection (2) of section
 1735  738.602, Florida Statutes, is amended to read:
 1736         738.602 Payments from deferred compensation plans,
 1737  annuities, and retirement plans or accounts.—
 1738         (2)(a) For a fund that is a separate account, income of the
 1739  fund shall be determined:
 1740         1. As if the fund were a trust subject to the provisions of
 1741  ss. 738.401-738.706; or
 1742         2. As a unitrust amount calculated by multiplying the fair
 1743  market value of the fund as of the first day of the first
 1744  accounting period and, thereafter, as of the last day of the
 1745  accounting period that immediately precedes the accounting
 1746  period during which a payment is received by the percentage
 1747  determined in accordance with s. 738.1041(2)(b)2.a. The
 1748  fiduciary shall determine such percentage as of the first month
 1749  that the fiduciary’s election to treat the income of the fund as
 1750  a unitrust amount becomes effective. For purposes of this
 1751  subparagraph, “fair market value” means the fair market value of
 1752  the assets held in the fund as of the applicable valuation date
 1753  determined as provided in this subparagraph. The fiduciary is
 1754  not liable for good faith reliance upon any valuation supplied
 1755  by the person or persons in possession of the fund. If the
 1756  fiduciary makes or terminates an election under this
 1757  subparagraph, the fiduciary shall make such disclosure in a
 1758  trust disclosure document that satisfies the requirements of s.
 1759  736.1008(4)(c) 736.1008(4)(a).
 1760         Reviser’s note.—Amended to conform to the reordering of
 1761         definitions in s. 736.1008 by this act.
 1762         Section 60. Subsection (2) of section 765.101, Florida
 1763  Statutes, is amended to read:
 1764         765.101 Definitions.—As used in this chapter:
 1765         (2) “Attending physician” means the physician who has
 1766  primary responsibility for the treatment and care of the patient
 1767  while the patient receives such treatment or care in a hospital
 1768  as defined in s. 395.002(12) 395.002(13).
 1769         Reviser’s note.—Amended to conform to the reordering of
 1770         definitions in s. 395.002 by this act.
 1771         Section 61. Paragraph (e) of subsection (1) of section
 1772  768.1382, Florida Statutes, is amended to read:
 1773         768.1382 Streetlights, security lights, and other similar
 1774  illumination; limitation on liability.—
 1775         (1) As used in this section, the term:
 1776         (e) “Streetlight provider” means the state or any of the
 1777  state’s officers, agencies, or instrumentalities, any political
 1778  subdivision as defined in s. 1.01, any public utility as defined
 1779  in s. 366.02(8) 366.02(1), or any electric utility as defined in
 1780  s. 366.02(4) 366.02(2).
 1781         Reviser’s note.—Amended to conform to the reordering of
 1782         definitions in s. 366.02 by this act.
 1783         Section 62. Paragraph (b) of subsection (1) of section
 1784  768.381, Florida Statutes, is amended to read:
 1785         768.381 COVID-19-related claims against health care
 1786  providers.—
 1787         (1) DEFINITIONS.—As used in this section, the term:
 1788         (b) “COVID-19” means the novel coronavirus identified as
 1789  SARS-CoV-2 SARS-zc-2; any disease caused by SARS-CoV-2, its
 1790  viral fragments, or a virus mutating therefrom; and all
 1791  conditions associated with the disease which are caused by SARS
 1792  CoV-2, its viral fragments, or a virus mutating therefrom.
 1793         Reviser’s note.—Amended to confirm a correction by the editors
 1794         of an input error during production of the 2021 Florida
 1795         Statutes.
 1796         Section 63. Paragraph (b) of subsection (2) of section
 1797  812.014, Florida Statutes, is amended to read:
 1798         812.014 Theft.—
 1799         (2)
 1800         (b)1. If the property stolen is valued at $20,000 or more,
 1801  but less than $100,000;
 1802         2. If the property stolen is cargo valued at less than
 1803  $50,000 that has entered the stream of interstate or intrastate
 1804  commerce from the shipper’s loading platform to the consignee’s
 1805  receiving dock;
 1806         3. If the property stolen is emergency medical equipment,
 1807  valued at $300 or more, that is taken from a facility licensed
 1808  under chapter 395 or from an aircraft or vehicle permitted under
 1809  chapter 401; or
 1810         4. If the property stolen is law enforcement equipment,
 1811  valued at $300 or more, that is taken from an authorized
 1812  emergency vehicle, as defined in s. 316.003,
 1813  
 1814  the offender commits grand theft in the second degree,
 1815  punishable as a felony of the second degree, as provided in s.
 1816  775.082, s. 775.083, or s. 775.084. Emergency medical equipment
 1817  means mechanical or electronic apparatus used to provide
 1818  emergency services and care as defined in s. 395.002(9) or to
 1819  treat medical emergencies. Law enforcement equipment means any
 1820  property, device, or apparatus used by any law enforcement
 1821  officer as defined in s. 943.10 in the officer’s official
 1822  business. However, if the property is stolen during a riot or an
 1823  aggravated riot prohibited under s. 870.01 and the perpetration
 1824  of the theft is facilitated by conditions arising from the riot;
 1825  or within a county that is subject to a state of emergency
 1826  declared by the Governor under chapter 252, the theft is
 1827  committed after the declaration of emergency is made, and the
 1828  perpetration of the theft is facilitated by conditions arising
 1829  from the emergency, the theft is a felony of the first degree,
 1830  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1831  As used in this paragraph, the term “conditions arising from the
 1832  riot” means civil unrest, power outages, curfews, or a reduction
 1833  in the presence of or response time for first responders or
 1834  homeland security personnel and the term “conditions arising
 1835  from the emergency” means civil unrest, power outages, curfews,
 1836  voluntary or mandatory evacuations, or a reduction in the
 1837  presence of or response time for first responders or homeland
 1838  security personnel. A person arrested for committing a theft
 1839  during a riot or an aggravated riot or within a county that is
 1840  subject to a state of emergency may not be released until the
 1841  person appears before a committing magistrate at a first
 1842  appearance hearing. For purposes of sentencing under chapter
 1843  921, a felony offense that is reclassified under this paragraph
 1844  is ranked one level above the ranking under s. 921.0022 or s.
 1845  921.0023 of the offense committed.
 1846         Reviser’s note.—Amended to improve sentence structure.
 1847         Section 64. Paragraph (g) of subsection (1) of section
 1848  812.015, Florida Statutes, is amended to read:
 1849         812.015 Retail and farm theft; transit fare evasion;
 1850  mandatory fine; alternative punishment; detention and arrest;
 1851  exemption from liability for false arrest; resisting arrest;
 1852  penalties.—
 1853         (1) As used in this section:
 1854         (g) “Farm theft” means the unlawful taking possession of
 1855  any items that are grown or produced on land owned, rented, or
 1856  leased by another person. The term includes the unlawful taking
 1857  possession of equipment and associated materials used to grow or
 1858  produce farm products as defined in s. 823.14(3)(e)
 1859  823.14(3)(d).
 1860         Reviser’s note.—Amended to conform to the reordering of
 1861         definitions in s. 823.14(3) by this act
 1862         Section 65. Subsection (3) of section 823.14, Florida
 1863  Statutes, is reordered and amended to read:
 1864         823.14 Florida Right to Farm Act.—
 1865         (3) DEFINITIONS.—As used in this section:
 1866         (a) “Agritourism activity” has the same meaning as provided
 1867  in s. 570.86.
 1868         (b)(e) “Established date of operation” means the date the
 1869  farm operation commenced. For an agritourism activity, the term
 1870  “established date of operation” means the date the specific
 1871  agritourism activity commenced. If the farm operation is
 1872  subsequently expanded within the original boundaries of the farm
 1873  land, the established date of operation of the expansion shall
 1874  also be considered as the date the original farm operation
 1875  commenced. If the land boundaries of the farm are subsequently
 1876  expanded, the established date of operation for each expansion
 1877  is deemed to be a separate and independent established date of
 1878  operation. The expanded operation shall not divest the farm
 1879  operation of a previous established date of operation.
 1880         (c)(b) “Farm” means the land, buildings, support
 1881  facilities, machinery, and other appurtenances used in the
 1882  production of farm or aquaculture products.
 1883         (d)(c) “Farm operation” means all conditions or activities
 1884  by the owner, lessee, agent, independent contractor, or supplier
 1885  which occur on a farm in connection with the production of farm,
 1886  honeybee, or apiculture products or in connection with
 1887  complementary agritourism activities. These conditions and
 1888  activities include, but are not limited to, the marketing of
 1889  farm products at roadside stands or farm markets; the operation
 1890  of machinery and irrigation pumps; the generation of noise,
 1891  odors, dust, fumes, and particle emissions; ground or aerial
 1892  seeding and spraying; the placement and operation of an apiary;
 1893  the application of chemical fertilizers, conditioners,
 1894  insecticides, pesticides, and herbicides; agritourism
 1895  activities; and the employment and use of labor.
 1896         (e)(d) “Farm product” means any plant, as defined in s.
 1897  581.011, or animal or insect useful to humans and includes, but
 1898  is not limited to, any product derived therefrom.
 1899         (f) “Nuisance” means any interference with reasonable use
 1900  and enjoyment of land, including, but not limited to, noise,
 1901  smoke, odors, dust, fumes, particle emissions, or vibration. The
 1902  term also includes all claims that meet the requirements of this
 1903  definition, regardless of whether the plaintiff designates those
 1904  claims as brought in nuisance, negligence, trespass, personal
 1905  injury, strict liability, or other tort.
 1906         Reviser’s note.—Amended to place the definitions in subsection
 1907         (3) in alphabetical order.
 1908         Section 66. Paragraph (c) of subsection (5) of section
 1909  849.086, Florida Statutes, is amended to read:
 1910         849.086 Cardrooms authorized.—
 1911         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 1912  operate a cardroom in this state unless such person holds a
 1913  valid cardroom license issued pursuant to this section.
 1914         (c) Notwithstanding any other provision of law, a pari
 1915  mutuel permitholder, other than a permitholder issued a permit
 1916  pursuant to s. 550.3345, may not be issued a license for the
 1917  operation of a cardroom if the permitholder did not hold an
 1918  operating license for the conduct of pari-mutuel wagering for
 1919  fiscal year 2020-2021. In order for an initial cardroom license
 1920  to be issued to a thoroughbred permitholder issued a permit
 1921  pursuant to s. 550.3345, the applicant must have requested, as
 1922  part of its pari-mutuel annual license application, to conduct
 1923  at least a full schedule of live racing. In order for a cardroom
 1924  license to be renewed by a thoroughbred permitholder, the
 1925  applicant must have requested, as part of its pari-mutuel annual
 1926  license application, to conduct at least 90 percent of the total
 1927  number of live performances conducted by such permitholder
 1928  during either the state fiscal year in which its initial
 1929  cardroom license was issued or the state fiscal year immediately
 1930  prior thereto if the permitholder ran at least a full schedule
 1931  of live racing or games in the prior year.
 1932         Reviser’s note.—Amended to confirm an editorial insertion to
 1933         improve clarity.
 1934         Section 67. Subsection (3) of section 870.01, Florida
 1935  Statutes, is amended to read:
 1936         870.01 Affrays and riots.—
 1937         (3) A person commits aggravated rioting if, in the course
 1938  of committing a riot, he or she:
 1939         (a) Participates with 25 or more other persons;
 1940         (b) Causes great bodily harm to a person not participating
 1941  in the riot;
 1942         (c) Causes property damage in excess of $5,000;
 1943         (d) Displays, uses, threatens to use, or attempts to use a
 1944  deadly weapon; or
 1945         (e) By force, or threat of force, endangers the safe
 1946  movement of a vehicle traveling on a public street, highway, or
 1947  road.
 1948  
 1949  A person who commits aggravated aggravating rioting commits a
 1950  felony of the second degree, punishable as provided in s.
 1951  775.082, s. 775.083, or s. 775.084.
 1952         Reviser’s note.—Amended to confirm an editorial substitution to
 1953         conform to context. Chapter 2021-6, Laws of Florida,
 1954         introduced the crime of aggravated rioting to the statutes,
 1955         and all instances in the law except this one use the word
 1956         “aggravated.”
 1957         Section 68. Paragraph (a) of subsection (2) of section
 1958  948.16, Florida Statutes, is amended to read:
 1959         948.16 Misdemeanor pretrial substance abuse education and
 1960  treatment intervention program; misdemeanor pretrial veterans’
 1961  treatment intervention program; misdemeanor pretrial mental
 1962  health court program.—
 1963         (2)(a) A veteran or a servicemember, as defined in s.
 1964  394.47891(2)(d) or (c), respectively, who is otherwise qualified
 1965  to participate in a veterans treatment court program under s.
 1966  394.47891, and is charged with a misdemeanor is eligible for
 1967  admission into a misdemeanor veterans treatment court program,
 1968  for a period based on the program’s requirements and the
 1969  treatment plan for the offender, pursuant to the requirements of
 1970  s. 394.47891(4) and (8).
 1971         Reviser’s note.—Amended to confirm an editorial deletion to
 1972         eliminate redundancy.
 1973         Section 69. Subsection (10) of section 1001.03, Florida
 1974  Statutes, is amended to read:
 1975         1001.03 Specific powers of State Board of Education.—
 1976         (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
 1977  EDUCATION.—The State Board of Education, in conjunction with the
 1978  Board of Governors, shall develop and implement a common
 1979  placement test to assess the basic communication and computation
 1980  and communication skills of students who intend to enter a
 1981  degree program at any Florida College System institution or
 1982  state university.
 1983         Reviser’s note.—Amended to conform to ch. 2021-162, Laws of
 1984         Florida, which substituted the words “communication and
 1985         computation” for the words “computation and communication”
 1986         as those words relate to education.
 1987         Section 70. Subsection (1) of section 1001.10, Florida
 1988  Statutes, is amended to read:
 1989         1001.10 Commissioner of Education; general powers and
 1990  duties.—
 1991         (1) The Commissioner of Education is the chief educational
 1992  officer of the state and the sole custodian of the educational
 1993  data warehouse, and is responsible for giving full assistance to
 1994  the State Board of Education in enforcing compliance with the
 1995  mission and goals of the Early Learning-20 Early Learning
 1996  education system, except for the State University System.
 1997         Reviser’s note.—Amended to confirm the editorial substitution of
 1998         the term “Early Learning-20” for the term “Early Learning”
 1999         to correct a drafting error and conform to amendments by
 2000         ch. 2021-10, Laws of Florida.
 2001         Section 71. Subsection (7) of section 1001.42, Florida
 2002  Statutes, is amended to read:
 2003         1001.42 Powers and duties of district school board.—The
 2004  district school board, acting as a board, shall exercise all
 2005  powers and perform all duties listed below:
 2006         (7) PROHIBITION FROM EMPLOYMENT.—Prohibit educational
 2007  support employees, instructional personnel, and administrative
 2008  personnel, as defined in s. 1012.01, from employment in any
 2009  position that requires direct contact with students if the
 2010  employees or personnel are ineligible for such employment under
 2011  s. 1012.315 or have been terminated or have resigned in lieu of
 2012  termination for sexual misconduct with a student. If the
 2013  prohibited conduct occurs while employed, the district school
 2014  board must report the employees or personnel and the
 2015  disqualifying circumstances to the department for inclusion on
 2016  the disqualification list maintained by the department pursuant
 2017  to s. 1001.10(4)(b). An elected or appointed school board
 2018  official forfeits his or her salary for 1 year if:
 2019         (a) The school board official knowingly signs and transmits
 2020  to any state official a report of alleged misconduct by
 2021  educational support employees, instructional personnel, or
 2022  administrative personnel which the school board official knows
 2023  to be false or incorrect; or
 2024         (b) The school board official knowingly fails to adopt
 2025  policies that require:
 2026         1. Educational support employees, instructional personnel,
 2027  and administrative personnel to report alleged misconduct by
 2028  other educational support employees, instructional personnel,
 2029  and administrative personnel;
 2030         2. The district school superintendent to report misconduct
 2031  by educational support employees, instructional personnel, or
 2032  school administrators that would result in disqualification from
 2033  educator certification or employment as provided in s. 1012.315
 2034  to the law enforcement agencies with jurisdiction over the
 2035  conduct; or
 2036         3. The investigation of all reports of alleged misconduct
 2037  by educational support employees, instructional personnel, and
 2038  administrative personnel, if the misconduct affects the health,
 2039  safety, or welfare of a student, regardless of whether the
 2040  person resigned or was terminated before the conclusion of the
 2041  investigation. The policies must require the district school
 2042  superintendent to notify the department of the result of the
 2043  investigation and whether the misconduct warranted termination,
 2044  regardless of whether the person resigned or was terminated
 2045  before the conclusion of the investigation.
 2046         Reviser’s note.—Amended to confirm editorial insertions to
 2047         improve clarity.
 2048         Section 72. Paragraph (g) of subsection (12) of section
 2049  1002.33, Florida Statutes, is amended to read:
 2050         1002.33 Charter schools.—
 2051         (12) EMPLOYEES OF CHARTER SCHOOLS.—
 2052         (g)1. A charter school shall employ or contract with
 2053  employees who have undergone background screening as provided in
 2054  s. 1012.32. Members of the governing board of the charter school
 2055  shall also undergo background screening in a manner similar to
 2056  that provided in s. 1012.32. An individual may not be employed
 2057  as an employee or contract personnel of a charter school or
 2058  serve as a member of a charter school governing board if the
 2059  individual is on the disqualification list maintained by the
 2060  department pursuant to s. 1001.10(4)(b).
 2061         2. A charter school shall prohibit educational support
 2062  employees, instructional personnel, and school administrators,
 2063  as defined in s. 1012.01, from employment in any position that
 2064  requires direct contact with students if the employees,
 2065  personnel, or administrators are ineligible for such employment
 2066  under s. 1012.315 or have been terminated or have resigned in
 2067  lieu of termination for sexual misconduct with a student. If the
 2068  prohibited conduct occurs while employed, a charter school must
 2069  report the individual and the disqualifying circumstances to the
 2070  department for inclusion on the disqualification list maintained
 2071  pursuant to s. 1001.10(4)(b).
 2072         3. The governing board of a charter school shall adopt
 2073  policies establishing standards of ethical conduct for
 2074  educational support employees, instructional personnel, and
 2075  school administrators. The policies must require all educational
 2076  support employees, instructional personnel, and school
 2077  administrators, as defined in s. 1012.01, to complete training
 2078  on the standards; establish the duty of educational support
 2079  employees, instructional personnel, and school administrators to
 2080  report, and procedures for reporting, alleged misconduct that
 2081  affects the health, safety, or welfare of a student; and include
 2082  an explanation of the liability protections provided under ss.
 2083  39.203 and 768.095. A charter school, or any of its employees,
 2084  may not enter into a confidentiality agreement regarding
 2085  terminated or dismissed educational support employees,
 2086  instructional personnel, or school administrators, or employees,
 2087  personnel, or administrators who resign in lieu of termination,
 2088  based in whole or in part on misconduct that affects the health,
 2089  safety, or welfare of a student, and may not provide employees,
 2090  personnel, or administrators with employment references or
 2091  discuss the employees’, personnel’s, or administrators’
 2092  performance with prospective employers in another educational
 2093  setting, without disclosing the employees’, personnel’s, or
 2094  administrators’ misconduct. Any part of an agreement or contract
 2095  that has the purpose or effect of concealing misconduct by
 2096  educational support employees, instructional personnel, or
 2097  school administrators which affects the health, safety, or
 2098  welfare of a student is void, is contrary to public policy, and
 2099  may not be enforced.
 2100         4. Before employing an individual in any position that
 2101  requires direct contact with students, a charter school shall
 2102  conduct employment history checks of each individual through use
 2103  of the educator screening tools described in s. 1001.10(5), and
 2104  document the findings. If unable to contact a previous employer,
 2105  the charter school must document efforts to contact the
 2106  employer.
 2107         5. The sponsor of a charter school that knowingly fails to
 2108  comply with this paragraph shall terminate the charter under
 2109  subsection (8).
 2110         Reviser’s note.—Amended to confirm an editorial insertion to
 2111         improve clarity.
 2112         Section 73. Paragraph (f) of subsection (3) of section
 2113  1002.37, Florida Statutes, is amended to read:
 2114         1002.37 The Florida Virtual School.—
 2115         (3) Funding for the Florida Virtual School shall be
 2116  provided as follows:
 2117         (f) The Florida Virtual School shall receive state funds
 2118  for operating purposes as provided in the General Appropriations
 2119  Act. The calculation to determine the amount of state funds
 2120  includes: the sum of the base Florida Education Finance Program
 2121  funding, the state-funded discretionary contribution and a per
 2122  full-time equivalent share of the discretionary millage
 2123  compression supplement, the exceptional student education
 2124  guaranteed allocation, the instructional materials allocation,
 2125  the evidence-based research-based reading instruction
 2126  allocation, the mental health assistance allocation, and the
 2127  teacher salary increase allocation. For the purpose of
 2128  calculating the state-funded discretionary contribution,
 2129  multiply the maximum allowable nonvoted discretionary millage
 2130  for operations pursuant to s. 1011.71(1) and (3) by the value of
 2131  96 percent of the current year’s taxable value for school
 2132  purposes for the state; divide the result by the total full-time
 2133  equivalent membership of the state; and multiply the result by
 2134  the full-time equivalent membership of the school. Funds may not
 2135  be provided for the purpose of fulfilling the class size
 2136  requirements in ss. 1003.03 and 1011.685.
 2137         Reviser’s note.—Amended to conform to ch. 2021-9, Laws of
 2138         Florida, which renamed the “research-based reading
 2139         instruction allocation” as the “evidence-based reading
 2140         instruction allocation.”
 2141         Section 74. Paragraph (r) of subsection (1) of section
 2142  1002.421, Florida Statutes, is amended to read:
 2143         1002.421 State school choice scholarship program
 2144  accountability and oversight.—
 2145         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
 2146  school participating in an educational scholarship program
 2147  established pursuant to this chapter must be a private school as
 2148  defined in s. 1002.01(2) in this state, be registered, and be in
 2149  compliance with all requirements of this section in addition to
 2150  private school requirements outlined in s. 1002.42, specific
 2151  requirements identified within respective scholarship program
 2152  laws, and other provisions of Florida law that apply to private
 2153  schools, and must:
 2154         (r) Prohibit education support employees, instructional
 2155  personnel, and school administrators from employment in any
 2156  position that requires direct contact with students if the
 2157  personnel or administrators are ineligible for such employment
 2158  pursuant to this section or s. 1012.315, or have been terminated
 2159  or have resigned in lieu of termination for sexual misconduct
 2160  with a student. If the prohibited conduct occurs subsequent to
 2161  employment, the private school must report the person and the
 2162  disqualifying circumstances to the department for inclusion on
 2163  the disqualification list maintained pursuant to s.
 2164  1001.10(4)(b).
 2165  
 2166  The department shall suspend the payment of funds to a private
 2167  school that knowingly fails to comply with this subsection, and
 2168  shall prohibit the school from enrolling new scholarship
 2169  students, for 1 fiscal year and until the school complies. If a
 2170  private school fails to meet the requirements of this subsection
 2171  or has consecutive years of material exceptions listed in the
 2172  report required under paragraph (q), the commissioner may
 2173  determine that the private school is ineligible to participate
 2174  in a scholarship program.
 2175         Reviser’s note.—Amended to confirm an editorial insertion to
 2176         improve clarity.
 2177         Section 75. Paragraph (a) of subsection (3) of section
 2178  1002.82, Florida Statutes, is amended to read:
 2179         1002.82 Department of Education; powers and duties.—
 2180         (3)(a) The department shall adopt performance standards and
 2181  outcome measures for early learning coalitions that, at a
 2182  minimum, include the development of objective and statistically
 2183  valid customer service surveys by a state university or of other
 2184  independent researcher with specific expertise in customer
 2185  service survey development. The survey shall be deployed
 2186  beginning in fiscal year 2022-2023 and be distributed to:
 2187         1. Customers who use the services in s. 1002.92 upon the
 2188  completion of a referral inquiry.
 2189         2. Parents, annually, at the time of eligibility
 2190  determination.
 2191         3. Child care providers that participate in the school
 2192  readiness program or the Voluntary Prekindergarten Education
 2193  Program at the time of execution of the statewide provider
 2194  contract.
 2195         4. Board members required under s. 1002.83.
 2196         Reviser’s note.—Amended to confirm an editorial substitution to
 2197         conform to context.
 2198         Section 76. Paragraph (c) of subsection (3) of section
 2199  1003.4203, Florida Statutes, is amended to read:
 2200         1003.4203 Digital materials, CAPE Digital Tool
 2201  certificates, and technical assistance.—
 2202         (3) CAPE DIGITAL TOOL CERTIFICATES.—The department shall
 2203  identify, in the CAPE Industry Certification Funding List under
 2204  ss. 1003.492 and 1008.44, CAPE Digital Tool certificates that
 2205  indicate a student’s digital skills. The department shall notify
 2206  each school district when the certificates are available. The
 2207  certificates shall be made available to all public elementary
 2208  and middle grades students.
 2209         (c) The Legislature intends that by July 1, 2018, on an
 2210  annual basis, at least 75 percent of public middle grades
 2211  students earn at least one CAPE Digital Tool certificate.
 2212         Reviser’s note.—Amended to delete obsolete language.
 2213         Section 77. Paragraph (d) of subsection (3) of section
 2214  1003.4282, Florida Statutes, is amended to read:
 2215         1003.4282 Requirements for a standard high school diploma.—
 2216         (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
 2217  REQUIREMENTS.—
 2218         (d) Three credits in social studies.—A student must earn
 2219  one credit in United States History; one credit in World
 2220  History; one-half credit in economics; and one-half credit in
 2221  United States Government, which must include a comparative
 2222  discussion of political ideologies, such as communism and
 2223  totalitarianism, that conflict with the principles of freedom
 2224  and democracy essential to the founding principles of the United
 2225  States. The United States History EOC assessment constitutes 30
 2226  percent of the student’s final course grade. Beginning with the
 2227  2021-2022 school year, students taking the United States
 2228  Government course are required to take the assessment of civic
 2229  literacy identified by the State Board of Education pursuant to
 2230  s. 1007.25(5) 1007.25(4). Students earning a passing score on
 2231  the assessment are exempt from the postsecondary civic literacy
 2232  assessment required by s. 1007.25(5) 1007.25(4).
 2233         Reviser’s note.—Amended to conform to the fact that s.
 2234         1007.25(5) relates to demonstration of competency in civic
 2235         literacy; s. 1007.25(4) relates to the identified digital
 2236         credential regarding competency in general education
 2237         courses.
 2238         Section 78. Paragraph (a) of subsection (2) of section
 2239  1003.5716, Florida Statutes, is amended to read:
 2240         1003.5716 Transition to postsecondary education and career
 2241  opportunities.—All students with disabilities who are 3 years of
 2242  age to 21 years of age have the right to a free, appropriate
 2243  public education. As used in this section, the term “IEP” means
 2244  individual education plan.
 2245         (2) Beginning not later than the first IEP to be in effect
 2246  when the student enters high school, attains the age of 14, or
 2247  when determined appropriate by the parent and the IEP team,
 2248  whichever occurs first, the IEP must include the following
 2249  statements that must be updated annually:
 2250         (a) A statement of intent to pursue a standard high school
 2251  diploma and a Scholar or Merit designation, pursuant to s.
 2252  1003.4285, as determined by the parent.
 2253         1. The statement must document discussion of the process
 2254  for a student with a disability who meets the requirements for a
 2255  standard high school diploma to defer the receipt of such
 2256  diploma pursuant to s. 1003.4282(9)(c) 1003.4282(10)(c).
 2257         2. For the IEP in effect at the beginning of the school
 2258  year the student is expected to graduate, the statement must
 2259  include a signed statement by the parent, the guardian, or the
 2260  student, if the student has reached the age of majority and
 2261  rights have transferred to the student, that he or she
 2262  understands the process for deferment and identifying if the
 2263  student will defer the receipt of his or her standard high
 2264  school diploma.
 2265         Reviser’s note.—Amended to conform to the redesignation of s.
 2266         1003.4282(10)(c) as s. 1003.4282(9)(c) necessitated by the
 2267         repeal of former s. 1003.4282(9) by s. 12, ch. 2021-52,
 2268         Laws of Florida.
 2269         Section 79. Subsection (6) of section 1004.015, Florida
 2270  Statutes, is amended to read:
 2271         1004.015 Florida Talent Development Council.—
 2272         (6) The council shall coordinate, facilitate, and
 2273  communicate statewide efforts to meet supply and demand needs
 2274  for the state’s health care workforce. Annually, beginning
 2275  December 1, 2021, the council shall report on the implementation
 2276  of this subsection and any other relevant information on the
 2277  Florida Talent Development Developmental Council’s web page
 2278  located on the Department of Economic Opportunity’s website. To
 2279  support the efforts of the council, the Board of Governors and
 2280  the State Board of Education shall:
 2281         (a) Conduct a statistically valid biennial data-driven gap
 2282  analysis of the supply and demand of the health care workforce.
 2283  Demand must align with the Labor Market Estimating Conference
 2284  created in s. 216.136.
 2285         (b) Provide 10-year trend information on nursing education
 2286  programs subject to the requirements of s. 464.019. The
 2287  Department of Health, the Board of Governors, the State Board of
 2288  Education, the Commission for Independent Education, the
 2289  Independent Colleges and Universities of Florida, and
 2290  postsecondary institutions participating in a state grant
 2291  program under s. 1009.89 or s. 1009.891, shall provide data on:
 2292         1. The number and type of programs and student slots
 2293  available.
 2294         2. The number of student applications submitted, the number
 2295  of qualified student applicants, and the number of students
 2296  accepted.
 2297         3. The number of program graduates.
 2298         4. Program retention rates of students tracked from program
 2299  entry to graduation.
 2300         5. Graduate passage rates on and the number of times each
 2301  graduate took the National Council of State Boards of Nursing
 2302  Licensing Examination.
 2303         6. The number of graduates who become employed as practical
 2304  or professional nurses in the state.
 2305         7. The educational advancement of nurses through career
 2306  pathways by comparing their initial degree to the highest degree
 2307  they obtained for the preceding 10 years.
 2308         (c) Develop a survey for use by the Department of Health,
 2309  the Commission for Independent Education, the Independent
 2310  Colleges and Universities of Florida, and postsecondary
 2311  institutions participating in a state grant program under s.
 2312  1009.89 or s. 1009.891, to collect data required under paragraph
 2313  (b). The survey must include, but is not limited to, a student’s
 2314  age, gender, race, ethnicity, veteran status, wage, employer
 2315  information, loan debt, and retirement expectations.
 2316         Reviser’s note.—Amended to confirm an editorial substitution to
 2317         conform to the correct name of the council as referenced in
 2318         s. 1004.015, which creates it.
 2319         Section 80. Paragraph (g) of subsection (3) of section
 2320  1004.097, Florida Statutes, is amended to read:
 2321         1004.097 Free expression on campus.—
 2322         (3) RIGHT TO FREE-SPEECH ACTIVITIES.—
 2323         (g) Notwithstanding s. 934.03 and subject to the
 2324  protections provided in the Family Educational Rights and
 2325  Privacy Act of 1974, 20 U.S.C. s. 1232g, and ss. 1002.22 and
 2326  1002.225, a student may record video or audio of class lectures
 2327  for his or her their own personal educational use, in connection
 2328  with a complaint to the public institution of higher education
 2329  where the recording was made, or as evidence in, or in
 2330  preparation for, a criminal or civil proceeding. A recorded
 2331  lecture may not be published without the consent of the
 2332  lecturer.
 2333         Reviser’s note.—Amended to conform to the immediately preceding
 2334         context.
 2335         Section 81. Paragraphs (a) and (f) of subsection (3) of
 2336  section 1006.60, Florida Statutes, are amended to read:
 2337         1006.60 Codes of conduct; disciplinary measures; rules or
 2338  regulations.—
 2339         (3) The codes of conduct shall be published on the Florida
 2340  College System institution’s or state university’s website,
 2341  protect the rights of all students, and, at minimum, provide the
 2342  following due process protections to students and student
 2343  organizations:
 2344         (a) The right to timely written notice. The code must
 2345  require that the institution or university provide a student or
 2346  student organization with timely written notice of the student’s
 2347  or student organization’s alleged violation of the code of
 2348  conduct. The notice must include sufficient detail and be
 2349  provided with sufficient time to prepare for any disciplinary
 2350  proceeding.
 2351         1. The written notice must include the allegations to be
 2352  investigated; the citation to the specific provision of the code
 2353  of conduct at issue; the process to be used in determining
 2354  whether a violation has occurred and associated rights; and the
 2355  date, time, and location of the disciplinary proceeding.
 2356         2. The written notice is considered timely if it is
 2357  provided at least 7 business days before the disciplinary
 2358  proceeding and may be provided by delivery to the student’s
 2359  institutional e-mail address and, if the student is under 18
 2360  years of age, to the student’s parent or to the student
 2361  organization’s e-mail address.
 2362         3. At least 5 business days before the disciplinary
 2363  proceeding, the institution or university must provide the
 2364  student or student organization with:
 2365         a. A listing of all known witnesses who that have provided,
 2366  or will provide, information against the student or student
 2367  organization.
 2368         b. All known information relating to the allegation,
 2369  including inculpatory and exculpatory information.
 2370         (f) The right to an advisor or advocate who may not serve
 2371  in any other role, including as an investigator, decider of
 2372  fact, hearing officer, or member of a committee or panel
 2373  convened to hear or decide the charge, or any appeal.
 2374         Reviser’s note.—Paragraph (a) is amended to confirm an editorial
 2375         substitution to conform to context. Paragraph (f) is
 2376         amended to improve clarity and correct sentence structure.
 2377         Section 82. Paragraphs (b), (d), and (e) of subsection (5)
 2378  and paragraph (c) of subsection (8) of section 1008.25, Florida
 2379  Statutes, are amended to read:
 2380         1008.25 Public school student progression; student support;
 2381  screening and progress monitoring; reporting requirements.—
 2382         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
 2383         (b) A Voluntary Prekindergarten Education Program student
 2384  who exhibits a substantial deficiency in early literacy skills
 2385  in accordance with the standards under s. 1002.67(1)(a) and
 2386  based upon the results of the administration of the final
 2387  coordinated screening and progress monitoring under s. 1008.2125
 2388  shall be referred to the local school district and may be
 2389  eligible to receive intensive reading interventions before
 2390  participating in kindergarten. Such intensive reading
 2391  interventions shall be paid for using funds from the district’s
 2392  evidence-based research-based reading instruction allocation in
 2393  accordance with s. 1011.62(8) 1011.62(9).
 2394         (d) The parent of any student who exhibits a substantial
 2395  deficiency in reading, as described in paragraph (a), must be
 2396  notified in writing of the following:
 2397         1. That his or her child has been identified as having a
 2398  substantial deficiency in reading, including a description and
 2399  explanation, in terms understandable to the parent, of the exact
 2400  nature of the student’s difficulty in learning and lack of
 2401  achievement in reading.
 2402         2. A description of the current services that are provided
 2403  to the child.
 2404         3. A description of the proposed intensive interventions
 2405  and supports that will be provided to the child that are
 2406  designed to remediate the identified area of reading deficiency.
 2407         4. That if the child’s reading deficiency is not remediated
 2408  by the end of grade 3, the child must be retained unless he or
 2409  she is exempt from mandatory retention for good cause.
 2410         5. Strategies, including multisensory strategies, through a
 2411  read-at-home plan the parent can use in helping his or her child
 2412  succeed in reading. The read-at-home plan must provide access to
 2413  the resources identified in paragraph (e) paragraph (d).
 2414         6. That the statewide, standardized English Language Arts
 2415  assessment is not the sole determiner of promotion and that
 2416  additional evaluations, portfolio reviews, and assessments are
 2417  available to the child to assist parents and the school district
 2418  in knowing when a child is reading at or above grade level and
 2419  ready for grade promotion.
 2420         7. The district’s specific criteria and policies for a
 2421  portfolio as provided in subparagraph (6)(b)4. and the evidence
 2422  required for a student to demonstrate mastery of Florida’s
 2423  academic standards for English Language Arts. A school must
 2424  immediately begin collecting evidence for a portfolio when a
 2425  student in grade 3 is identified as being at risk of retention
 2426  or upon the request of the parent, whichever occurs first.
 2427         8. The district’s specific criteria and policies for
 2428  midyear promotion. Midyear promotion means promotion of a
 2429  retained student at any time during the year of retention once
 2430  the student has demonstrated ability to read at grade level.
 2431         9. Information about the student’s eligibility for the New
 2432  Worlds Reading Initiative under s. 1003.485 and information on
 2433  parent training modules and other reading engagement resources
 2434  available through the initiative.
 2435  
 2436  After initial notification, the school shall apprise the parent
 2437  at least monthly of the student’s progress in response to the
 2438  intensive interventions and supports. Such communications must
 2439  be in writing and must explain any additional interventions or
 2440  supports that will be implemented to accelerate the student’s
 2441  progress if the interventions and supports already being
 2442  implemented have not resulted in improvement.
 2443         (e) The Department of Education shall compile resources
 2444  that each school district must incorporate into a read-at-home
 2445  plan provided to the parent of a student who is identified as
 2446  having a substantial reading deficiency pursuant to paragraph
 2447  (d) paragraph (c). The resources must be made available in an
 2448  electronic format that is accessible online and must include the
 2449  following:
 2450         1. Developmentally appropriate, evidence-based strategies
 2451  and programming, including links to video training modules and
 2452  opportunities to sign up for at-home reading tips delivered
 2453  periodically via text and e-mail, which a parent can use to help
 2454  improve his or her child’s literacy skills.
 2455         2. An overview of the types of assessments used to identify
 2456  reading deficiencies and what those assessments measure or do
 2457  not measure, the frequency with which the assessments are
 2458  administered, and the requirements for interventions and
 2459  supports that districts must provide to students who do not make
 2460  adequate academic progress.
 2461         3. An overview of the process for initiating and conducting
 2462  evaluations for exceptional education eligibility. The overview
 2463  must include an explanation that a diagnosis of a medical
 2464  condition alone is not sufficient to establish exceptional
 2465  education eligibility but may be used to document how that
 2466  condition relates to the student’s eligibility determination and
 2467  may be disclosed in an eligible student’s individual education
 2468  plan when necessary to inform school personnel responsible for
 2469  implementing the plan.
 2470         4. Characteristics of conditions associated with learning
 2471  disorders, including dyslexia, dysgraphia, dyscalculia, and
 2472  developmental aphasia.
 2473         5. A list of resources that support informed parent
 2474  involvement in decisionmaking processes for students who have
 2475  difficulty in learning.
 2476  
 2477  Upon the request of a parent, resources meeting the requirements
 2478  of this paragraph must be provided to the parent in a hardcopy
 2479  format.
 2480         (8) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
 2481         (c) A Voluntary Prekindergarten Education Program student
 2482  who is at risk of being identified as having a substantial
 2483  deficiency in early literacy skills, based upon results under
 2484  this subsection, must be referred to the school district in
 2485  which he or she resides and may be eligible to receive early
 2486  literacy instruction and interventions after program completion
 2487  and before participating in kindergarten. Such instruction and
 2488  interventions may be paid for using funds from the school
 2489  district’s evidence-based reading instruction allocation in
 2490  accordance with s. 1011.62(8) 1011.62(9).
 2491         Reviser’s note.—Paragraph (5)(b) is amended to conform to s. 18,
 2492         ch. 2021-9, Laws of Florida, which renamed the “research
 2493         based reading instruction allocation” as the “evidence
 2494         based research instruction allocation,” and to correct a
 2495         cross-reference to conform to the deletion of former s.
 2496         1011.62(8) by s. 3, ch. 2021-44. Paragraphs (5)(d) and (e)
 2497         are amended to correct cross-references to conform to the
 2498         addition of a new paragraph (b) by s. 66, ch. 2021-10, Laws
 2499         of Florida. Paragraph (8)(c) is amended to correct a cross
 2500         reference to conform to the deletion of former s.
 2501         1011.62(8) by s. 3, ch. 2021-44.
 2502         Section 83. Paragraph (b) of subsection (3) of section
 2503  1008.30, Florida Statutes, is amended to read:
 2504         1008.30 Assessing college-level communication and
 2505  computation skills for public postsecondary education.—
 2506         (3) The rules adopted under subsection (2) must specify the
 2507  following:
 2508         (b) A student who is assessed for readiness for college
 2509  level computation and communication and computation and whose
 2510  assessment results indicate a need for developmental education
 2511  must be advised of all the developmental education options
 2512  offered at the institution and, after advisement, may enroll in
 2513  the developmental education option of his or her choice.
 2514         Reviser’s note.—Amended to conform to ch. 2021-162, Laws of
 2515         Florida, which substituted the words “communication and
 2516         computation” for references to the words “computation and
 2517         communication” as those words relate to education.
 2518         Section 84. Paragraph (c) of subsection (1) of section
 2519  1008.31, Florida Statutes, is amended to read:
 2520         1008.31 Florida’s Early Learning-20 education performance
 2521  accountability system; legislative intent; mission, goals, and
 2522  systemwide measures; data quality improvements.—
 2523         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2524  that:
 2525         (c) The Early Learning-20 K-20 education performance
 2526  accountability system comply with the requirements of the “No
 2527  Child Left Behind Act of 2001,” Pub. L. No. 107-110, and the
 2528  Individuals with Disabilities Education Act (IDEA).
 2529         Reviser’s note.—Amended to conform to s. 67, ch. 2021-10, Laws
 2530         of Florida, and to provide consistent terminology with the
 2531         rest of this section.
 2532         Section 85. Paragraph (c) of subsection (5) of section
 2533  1008.365, Florida Statutes, is amended to read:
 2534         1008.365 Reading Achievement Initiative for Scholastic
 2535  Excellence Act.—
 2536         (5) The department shall provide progress monitoring data
 2537  to regional support teams regarding the implementation of
 2538  supports. Such supports must include:
 2539         (c) Evaluating a school’s improvement plan for alignment
 2540  with the school district’s K-12 comprehensive reading plan under
 2541  s. 1011.62(8)(d) 1011.62(9)(d) and the school district’s
 2542  allocation of resources as required by s. 1008.25(3)(a). If the
 2543  regional support team determines that the school district’s
 2544  reading plan does not address the school’s need to improve
 2545  student outcomes, the regional literacy support director, the
 2546  district school superintendent, or his or her designee, and the
 2547  director of the Just Read, Florida! Office shall convene a
 2548  meeting to rectify the deficiencies of the reading plan.
 2549         Reviser’s note.—Amended to conform to the redesignation of s.
 2550         1011.62(9) as s. 1011.62(8) by s. 3, ch. 2021-44, Laws of
 2551         Florida.
 2552         Section 86. Paragraph (b) of subsection (14) and paragraph
 2553  (a) of subsection (15) of section 1011.62, Florida Statutes, are
 2554  amended to read:
 2555         1011.62 Funds for operation of schools.—If the annual
 2556  allocation from the Florida Education Finance Program to each
 2557  district for operation of schools is not determined in the
 2558  annual appropriations act or the substantive bill implementing
 2559  the annual appropriations act, it shall be determined as
 2560  follows:
 2561         (14) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 2562  assistance allocation is created to provide funding to assist
 2563  school districts in establishing or expanding school-based
 2564  mental health care; train educators and other school staff in
 2565  detecting and responding to mental health issues; and connect
 2566  children, youth, and families who may experience behavioral
 2567  health issues with appropriate services. These funds shall be
 2568  allocated annually in the General Appropriations Act or other
 2569  law to each eligible school district. Each school district shall
 2570  receive a minimum of $100,000, with the remaining balance
 2571  allocated based on each school district’s proportionate share of
 2572  the state’s total unweighted full-time equivalent student
 2573  enrollment. Charter schools that submit a plan separate from the
 2574  school district are entitled to a proportionate share of
 2575  district funding. The allocated funds may not supplant funds
 2576  that are provided for this purpose from other operating funds
 2577  and may not be used to increase salaries or provide bonuses.
 2578  School districts are encouraged to maximize third-party health
 2579  insurance benefits and Medicaid claiming for services, where
 2580  appropriate.
 2581         (b) The plans required under paragraph (a) must be focused
 2582  on a multitiered system of supports to deliver evidence-based
 2583  mental health care assessment, diagnosis, intervention,
 2584  treatment, and recovery services to students with one or more
 2585  mental health or co-occurring substance abuse diagnoses and to
 2586  students at high risk of such diagnoses. The provision of these
 2587  services must be coordinated with a student’s primary mental
 2588  health care provider and with other mental health providers
 2589  involved in the student’s care. At a minimum, the plans must
 2590  include the following elements:
 2591         1. Direct employment of school-based mental health services
 2592  providers to expand and enhance school-based student services
 2593  and to reduce the ratio of students to staff in order to better
 2594  align with nationally recommended ratio models. These providers
 2595  include, but are not limited to, certified school counselors,
 2596  school psychologists, school social workers, and other licensed
 2597  mental health professionals. The plan also must identify
 2598  strategies to increase the amount of time that school-based
 2599  student services personnel spend providing direct services to
 2600  students, which may include the review and revision of district
 2601  staffing resource allocations based on school or student mental
 2602  health assistance needs.
 2603         2. Contracts or interagency agreements with one or more
 2604  local community behavioral health providers or providers of
 2605  Community Action Team services to provide a behavioral health
 2606  staff presence and services at district schools. Services may
 2607  include, but are not limited to, mental health screenings and
 2608  assessments, individual counseling, family counseling, group
 2609  counseling, psychiatric or psychological services, trauma
 2610  informed care, mobile crisis services, and behavior
 2611  modification. These behavioral health services may be provided
 2612  on or off the school campus and may be supplemented by
 2613  telehealth.
 2614         3. Policies and procedures, including contracts with
 2615  service providers, which will ensure that students who are
 2616  referred to a school-based or community-based mental health
 2617  service provider for mental health screening for the
 2618  identification of mental health concerns and ensure that the
 2619  assessment of students at risk for mental health disorders
 2620  occurs within 15 days of referral. School-based mental health
 2621  services must be initiated within 15 days after identification
 2622  and assessment, and support by community-based mental health
 2623  service providers for students who are referred for community
 2624  based mental health services must be initiated within 30 days
 2625  after the school or district makes a referral.
 2626         4. Strategies or programs to reduce the likelihood of at
 2627  risk students developing social, emotional, or behavioral health
 2628  problems, depression, anxiety disorders, suicidal tendencies, or
 2629  substance use disorders.
 2630         5. Strategies to improve the early identification of
 2631  social, emotional, or behavioral problems or substance use
 2632  disorders, to improve the provision of early intervention
 2633  services, and to assist students in dealing with trauma and
 2634  violence.
 2635         6. Procedures to assist a mental health services provider
 2636  or a behavioral health provider as described in subparagraph 1.
 2637  or subparagraph 2., respectively, or a school resource officer
 2638  or school safety officer who has completed mental health crisis
 2639  intervention training in attempting to verbally de-escalate a
 2640  student’s crisis situation before initiating an involuntary
 2641  examination pursuant to s. 394.463. Such procedures must include
 2642  strategies to de-escalate a crisis situation for a student with
 2643  a developmental disability as that term is defined in s.
 2644  393.063.
 2645         7. Policies of the school district which must require that
 2646  in a student crisis situation, school or law enforcement
 2647  personnel must make a reasonable attempt to contact a mental
 2648  health professional who may initiate an involuntary examination
 2649  pursuant to s. 394.463, unless the child poses an imminent
 2650  danger to themselves or others, before initiating an involuntary
 2651  examination pursuant to s. 394.463. Such contact may be in
 2652  person or using telehealth as defined in s. 456.47. The mental
 2653  health professional may be available to the school district
 2654  either by contracts or interagency agreements with the managing
 2655  entity, one or more local community behavioral health providers,
 2656  or the local mobile response team or be a direct or contracted
 2657  school district employee.
 2658         (15) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION.—The
 2659  Legislature may provide an annual funding compression and hold
 2660  harmless allocation in the General Appropriations Act. The
 2661  allocation is created to provide additional funding to school
 2662  districts if the school district’s total funds per FTE in the
 2663  prior year were less than the statewide average or if the school
 2664  district’s district cost differential in the current year is
 2665  less than the prior year. The total allocation shall be
 2666  distributed to eligible school districts as follows:
 2667         (a) Using the most recent prior year FEFP calculation for
 2668  each eligible school district, subtract the total school
 2669  district funds per FTE from the state average funds per FTE, not
 2670  including any adjustments made pursuant to paragraph (17)(b)
 2671  paragraph (19)(b). The resulting funds per FTE difference, or a
 2672  portion thereof, as designated in the General Appropriations
 2673  Act, shall then be multiplied by the school district’s total
 2674  unweighted FTE.
 2675  
 2676  This subsection expires July 1, 2022.
 2677         Reviser’s note.—Paragraph (14)(b) is amended to improve clarity
 2678         and conform to context. Paragraph (15)(a) is amended to
 2679         confirm an editorial substitution to conform to the
 2680         deletion of former subsections (8) and (11) by s. 3, ch.
 2681         2021-44, Laws of Florida.
 2682         Section 87. Paragraph (a) of subsection (3) of section
 2683  1011.802, Florida Statutes, is amended to read:
 2684         1011.802 Florida Pathways to Career Opportunities Grant
 2685  Program.—
 2686         (3)(a) The department shall award grants for
 2687  preapprenticeship or apprenticeship programs with demonstrated
 2688  regional demand that:
 2689         1. Address a critical statewide or regional shortage as
 2690  identified by the Labor Market Estimating Conference created in
 2691  s. 216.136 and that are industry sectors not adequately
 2692  represented throughout the state, such as health care;
 2693         2. Address a critical statewide or regional shortage as
 2694  identified by the Labor Market Estimating Conference created in
 2695  s. 216.136; or
 2696         3. Expand existing programs that exceed the median
 2697  completion rate and employment rate 1 year after completion of
 2698  similar programs in the region, or the state if there are no
 2699  similar programs in the region.
 2700         Reviser’s note.—Amended to confirm an editorial deletion to
 2701         improve sentence structure.
 2702         Section 88. Subsection (3) of section 1012.976, Florida
 2703  Statutes, is amended to read:
 2704         1012.976 Remuneration of state university employees;
 2705  limitations.—
 2706         (3) EXCEPTIONS.—This section does not prohibit any party
 2707  from providing cash or cash-equivalent compensation from funds
 2708  that are not appropriated state funds to a state university
 2709  employee in excess of the limit in subsection (2). If a party is
 2710  unable or unwilling to fulfill an obligation to provide cash or
 2711  cash-equivalent compensation to a state university employee as
 2712  permitted under this subsection, appropriated state funds may
 2713  not be used to fulfill such obligation. This section does not
 2714  apply to university teaching faculty in instructional programs
 2715  classified as Computer Information Sciences and Support
 2716  Services; Engineering; Engineering Technologies and Engineering
 2717  Related Fields; Florida Mental Health Institute; Health
 2718  Professions and Related Programs; Homeland Security, Law
 2719  Enforcement, Firefighting, and Related Fields; Mathematics;
 2720  Nursing; or Physical Sciences; or to medical school faculty or
 2721  staff.
 2722         Reviser’s note.—Amended to confirm editorial insertions to
 2723         improve clarity and sentence structure.
 2724         Section 89. This act shall take effect on the 60th day
 2725  after adjournment sine die of the session of the Legislature in
 2726  which enacted.

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