Bill Text: FL S0994 | 2013 | Regular Session | Enrolled
Bill Title: Florida Statutes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-04-11 - Chapter No. 2013-18 [S0994 Detail]
Download: Florida-2013-S0994-Enrolled.html
ENROLLED 2013 Legislature SB 994 2013994er 1 2 An act relating to the Florida Statutes; amending ss. 3 17.28, 23.1231, 43.291, 110.118, 112.361, 119.0712, 4 120.65, 201.165, 202.37, 207.021, 207.0281, 212.097, 5 212.098, 215.61, 238.03, 258.0165, 288.1045, 288.108, 6 288.706, 288.816, 316.0747, 316.525, 317.0005, 7 320.0657, 320.0848, 322.161, 324.0221, 339.2817, 8 339.55, 376.121, 376.317, 379.245, 380.0666, 391.304, 9 391.305, 393.0641, 395.0185, 395.605, 397.99, 397.998, 10 400.063, 400.176, 400.801, 402.22, 402.3025, 402.81, 11 403.7191, 409.2576, 409.2578, 409.441, 409.9101, 12 411.224, 414.158, 414.1585, 414.35, 415.1105, 13 420.5091, 430.708, 430.902, 443.1312, 443.1313, 14 455.2255, 456.053, 472.017, 489.146, 496.414, 497.381, 15 501.0583, 509.036, 548.024, 559.10, 561.41, 578.26, 16 582.055, 601.74, 601.76, 607.193, 624.487, 627.096, 17 627.212, 627.917, 633.445, 641.316, 655.922, 658.995, 18 668.704, 713.78, 713.785, 744.7021, 744.713, 766.304, 19 865.09, 943.0543, 943.0544, 944.095, 945.73, 946.525, 20 949.08, 985.66, 1011.48, 1011.51, 1011.765, 1012.467, 21 and 1012.965, F.S.; and repealing ss. 112.358, 22 199.1851, 220.1501, 328.44, 328.50, 403.0861, 23 409.14511, 409.2675, 411.205, 553.897, 563.04, 564.04, 24 601.75, 601.77, 601.78, 627.793, 634.289, 663.319, and 25 984.05, F.S.; to conform to the directive of the 26 Legislature in section 9 of chapter 2012-116, Laws of 27 Florida, to prepare a reviser’s bill to omit all 28 statutes and laws, or parts thereof, which grant 29 duplicative, redundant, or unused rulemaking 30 authority; amending ss. 213.053, 400.518, 556.116, 31 564.06, and 601.80, F.S.; to conform to the changes 32 made in this act; providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Section 17.28, Florida Statutes, is amended to 37 read: 38 17.28 Chief Financial Officer may authorize biweekly salary 39 payments.—The Chief Financial Officer may permit biweekly salary 40 payments to personnel upon written request by a specific state 41 agency.The Chief Financial Officer shall adopt reasonable rules42to carry out the intent of this section.43 Section 2. Paragraph (c) of subsection (3) of section 44 23.1231, Florida Statutes, is amended to read: 45 23.1231 Florida Mutual Aid Plan; powers and duties.— 46 (3) The department may: 47(c) Draft rules for mutual aid agreements;48 Section 3. Subsection (7) of section 43.291, Florida 49 Statutes, is amended to read: 50 43.291 Judicial nominating commissions.— 51 (7) The Executive Office of the Governor shall provide all 52 administrative support for each judicial nominating commission. 53The Executive Office of the Governor shall adopt rules necessary54to administer this section.55 Section 4. Subsection (3) of section 110.118, Florida 56 Statutes, is amended to read: 57 110.118 Administrative leave for certain athletic 58 competition.— 59(3) The department may adopt any rule necessary to carry60out the purposes of this section.61 Section 5. Section 112.358, Florida Statutes, is repealed. 62 Section 6. Subsection (8) of section 112.361, Florida 63 Statutes, is amended to read: 64 112.361 Additional and updated supplemental retirement 65 benefits.— 66(8) ADMINISTRATION OF SYSTEM.—The department shall make67such rules as are necessary for the effective and efficient68administration of this section, and the cost to pay the expenses69of such administration is hereby appropriated out of the70appropriate fund pursuant to subsection (7).71 Section 7. Paragraph (d) of subsection (2) of section 72 119.0712, Florida Statutes, is amended to read: 73 119.0712 Executive branch agency-specific exemptions from 74 inspection or copying of public records.— 75 (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.— 76(d) The department may adopt rules to carry out the77purposes of this subsection and the federal Driver’s Privacy78Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. Rules adopted79by the department may provide for the payment of applicable fees80and, prior to the disclosure of personal information pursuant to81this subsection or the federal Driver’s Privacy Protection Act82of 1994, 18 U.S.C. ss. 2721 et seq., may require the meeting of83conditions by the requesting person for the purposes of84obtaining reasonable assurance concerning the identity of such85requesting person, and, to the extent required, assurance that86the use will be only as authorized or that the consent of the87person who is the subject of the personal information has been88obtained. Such conditions may include, but need not be limited89to, the making and filing of a written application in such form90and containing such information and certification requirements91as the department requires.92 Section 8. Subsections (6) and (8) of section 120.65, 93 Florida Statutes, are amended to read: 94 120.65 Administrative law judges.— 95(6) By rule, the division may establish:96(a) Further qualifications for administrative law judges97and shall establish procedures by which candidates will be98considered for employment or contract.99(b) The manner in which public notice will be given of100vacancies in the staff of administrative law judges.101(c) Procedures for the assignment of administrative law102judges.103(8) The division shall have the authority to adopt104reasonable rules to carry out the provisions of this act.105 Section 9. Section 199.1851, Florida Statutes, is repealed. 106 Section 10. Subsection (1) of section 201.165, Florida 107 Statutes, is amended to read: 108 201.165 Credit for tax paid to other states.— 109 (1) For a tax imposed by any section of this chapter, a 110 credit against the specific tax imposed by that section is 111 allowed in an amount equal to a like tax lawfully imposed and 112 paid on the same document or instrument in another state, 113 territory of the United States, or the District of Columbia. For 114 purposes of this subsection, “like tax” means an excise tax on 115 documents that is in substance identical to the tax imposed by 116 this chapter on the same document. The credit may not exceed the 117 tax imposed by this chapter on the document. Proof of 118 entitlement to such a credit must be provided to the department. 119The department may adopt rules to implement this credit and120designate forms that establish what proof is required.121 Section 11. Paragraph (c) of subsection (1) of section 122 202.37, Florida Statutes, is amended to read: 123 202.37 Special rules for administration of local 124 communications services tax.— 125 (1) 126 (c) Notwithstanding any other provision of law to the 127 contrary, if a dealer of communications services provides 128 communications services solely within a single county, that 129 county or any municipality located therein may perform an audit 130 of such dealer with respect to communications services provided 131 by such dealer within such county, including both the state and 132 local components of the communications services tax imposed and 133 any other tax administered pursuant to this chapter. 134 1. Prior to the exercise of such authority, and for 135 purposes of determining whether a dealer operates solely within 136 one county, a local government may presume such localized 137 operation if the dealer reports sales in a single county. Upon 138 notice by the local government to the department of an intent to 139 audit a dealer, the department shall notify the local government 140 within 60 days if the department has issued a notice of intent 141 to audit the dealer, or it shall notify the dealer of the local 142 government’s request to audit. 143 2. The dealer may, within 30 days, rebut the single-county 144 operation presumption by providing evidence to the department 145 that it provides communication services in more than one county 146 in the state or that it is part of an affiliated group members 147 of which provide communications services in more than one county 148 in the state. An affiliated group is defined as one or more 149 chains of includable corporations or partnerships connected 150 through ownership with a common parent corporation or other 151 partnership which is an includable corporation or partnership 152 when the common parent corporation or partnership has ownership 153 in at least one other includable corporation or partnership 154 which generally satisfies the requirements of Internal Revenue 155 Code s. 267 or Internal Revenue Code s. 707. If a dealer or a 156 member of an affiliated group provides communications services 157 in more than one county in the state, the department will notify 158 the local government that no audit may be performed. 159 3. If, during the course of an audit conducted pursuant to 160 this paragraph, a local government determines that a dealer 161 provided communications services in more than one county during 162 the period under audit, the local government shall terminate the 163 audit and notify the department of its findings. 164 4. Local governments conducting audits shall be bound by 165 department rules and technical assistance advisements issued 166 during the course of an audit conducted pursuant to this 167 paragraph. Local governments conducting communications services 168 tax audits pursuant to this subparagraph, or taxpayers being 169 audited pursuant to this subparagraph, may request and the 170 department may issue technical assistance advisements pursuant 171 to s. 213.22 regarding a pending audit issue. When the 172 department is requested to issue a technical assistance 173 advisement hereunder, it shall notify the affected local 174 government or taxpayer of the request. 175 5. Any audit performed hereunder shall obligate the local 176 government to extend situsing work performed during such audit 177 to include all addresses within the county. Such audit results 178 shall be performed on behalf of and computed for each local 179 government and unincorporated county area inside the subject 180 county, and they shall be bound thereby. 181 6. The review, protest, and collection of amounts due as 182 the results of an audit performed hereunder shall be the 183 responsibility of the local jurisdiction and shall be governed 184 by s. 166.234 to the extent not inconsistent with this chapter. 185 7. No fee or any portion of a fee for audits conducted on 186 behalf of a municipality or county pursuant to this paragraph 187 shall be based upon the amount assessed or collected as a result 188 of the audit, and no determination based upon an audit conducted 189 in violation of this prohibition shall be valid. 190 8. All audits performed pursuant to this paragraph shall be 191 in accordance with standards promulgated by the American 192 Institute of Certified Public Accountants, the Institute of 193 Internal Auditors, or the Comptroller General of the United 194 States insofar as those standards are not inconsistent with 195 rules of the Department of Revenue. 196 9. Results of audits performed pursuant to this paragraph 197 shall be valid for all jurisdictions within the subject county. 198 The assessment, review, and collection of any amounts ultimately 199 determined to be due as the result of such an audit will be the 200 responsibility of the auditing jurisdiction, and any such 201 collections from the dealer shall be remitted to the Department 202 of Revenue along with appropriate instructions for distribution 203 of such amounts. No entity subject to audit hereunder can be 204 audited by any local jurisdiction for compliance with this 205 chapter more frequently than once every 3 years. 20610. The department may adopt rules for the notification and207determination processes established in this paragraph as well as208for the information to be provided by a local government209conducting an audit.210 Section 12. Subsection (1) of section 207.021, Florida 211 Statutes, is amended to read: 212 207.021 Informal conferences; settlement or compromise of 213 taxes, penalties, or interest.— 214 (1)(a) The department may establishadopt rules for215establishinginformal conferences for the resolution of disputes 216 arising from the assessment of taxes, penalties, or interest or 217 the denial of refunds under chapter 120. 218 (b) During any proceeding arising under this section, the 219 motor carrier has the right to be represented and to record all 220 procedures at the motor carrier’s expense. 221 Section 13. Subsection (6) of section 207.0281, Florida 222 Statutes, is amended to read: 223 207.0281 Registration; cooperative reciprocal agreements 224 between states.— 225(6) The department may adopt rules for the administration226and enforcement of the agreements.227 Section 14. Subsection (16) of section 212.097, Florida 228 Statutes, is amended to read: 229 212.097 Urban High-Crime Area Job Tax Credit Program.— 230(16) The Department of Revenue shall adopt rules governing231the manner and form of applications for credit and may establish232guidelines concerning the requisites for an affirmative showing233of qualification for the credit under this section.234 Section 15. Subsection (12) of section 212.098, Florida 235 Statutes, is amended to read: 236 212.098 Rural Job Tax Credit Program.— 237(12) The department shall adopt rules governing the manner238and form of applications for credit and may establish guidelines239as to the requisites for an affirmative showing of qualification240for the credit under this section.241 Section 16. Subsection (5) of section 215.61, Florida 242 Statutes, is amended to read: 243 215.61 State system of public education capital outlay 244 bonds.— 245(5) The State Board of Education shall have the power to246make and enforce all rules and regulations necessary to the full247exercise of the powers herein granted.248 Section 17. Section 220.1501, Florida Statutes, is 249 repealed. 250 Section 18. Subsection (1) of section 238.03, Florida 251 Statutes, is amended to read: 252 238.03 Administration.— 253 (1) The general administration and the responsibility for 254 the proper operation of the retirement system and for making 255 effective the provisions of this chapter are vested in the 256 Department of Management Services.Subject to the limitation of257this chapter, the department shall, from time to time, establish258rules and regulations for the administration and transaction of259the business of the retirement system and shall perform such260other functions as are required for the execution of this261chapter.262 Section 19. Subsection (5) of section 258.0165, Florida 263 Statutes, is amended to read: 264 258.0165 Defibrillators in state parks.— 265(5) The Division of Recreation and Parks may adopt rules266pursuant to ss.120.536(1) and120.54to implement the267provisions of this section.268 Section 20. Paragraph (a) of subsection (6) of section 269 288.1045, Florida Statutes, is amended to read: 270 288.1045 Qualified defense contractor and space flight 271 business tax refund program.— 272 (6) ADMINISTRATION.— 273(a) The department may adopt rules pursuant to chapter 120274for the administration of this section.275 Section 21. Subsection (7) of section 288.108, Florida 276 Statutes, is amended to read: 277 288.108 High-impact business.— 278(7) RULEMAKING.—The department may adopt rules necessary to279carry out the provisions of this section.280 Section 22. Subsection (10) of section 288.706, Florida 281 Statutes, is amended to read: 282 288.706 Florida Minority Business Loan Mobilization 283 Program.— 284(10) The Department of Management Services may adopt rules285to implement the provisions of this section.286 Section 23. Subsection (2) of section 288.816, Florida 287 Statutes, is amended to read: 288 288.816 Intergovernmental relations.— 289 (2) The state protocol officer shall be responsible for all 290 consular relations between the state and all foreign governments 291 doing business in Florida. The state protocol officer shall 292 monitor United States laws and directives to ensure that all 293 federal treaties regarding foreign privileges and immunities are 294 properly observed. The state protocol officershall promulgate295rules whichshall: 296 (a) Establish a viable system of registration for foreign 297 government officials residing or having jurisdiction in the 298 state. Emphasis shall be placed on maintaining active 299 communication between the state protocol officer and the United 300 States Department of State in order to be currently informed 301 regarding foreign governmental personnel stationed in, or with 302 official responsibilities for, Florida. Active dialogue shall 303 also be maintained with foreign countries which historically 304 have had dealings with Florida in order to keep them informed of 305 the proper procedure for registering with the state. 306 (b) Maintain and systematically update a current and 307 accurate list of all such foreign governmental officials, 308 consuls, or consulates. 309 (c) Issue certificates to such foreign governmental 310 officials after verification pursuant to proper investigations 311 through United States Department of State sources and the 312 appropriate foreign government. 313 (d) Verify entitlement to sales and use tax exemptions 314 pursuant to United States Department of State guidelines and 315 identification methods. 316 (e) Verify entitlement to issuance of special motor vehicle 317 license plates by the Department of Highway Safety and Motor 318 Vehicles to honorary consuls or such other officials 319 representing foreign governments who are not entitled to 320 issuance of special Consul Corps license plates by the United 321 States Government. 322 (f) Establish a system of communication to provide all 323 state and local law enforcement agencies with information 324 regarding proper procedures relating to the arrest or 325 incarceration of a foreign citizen. 326 (g) Request the Department of Law Enforcement to provide 327 transportation and protection services when necessary pursuant 328 to s. 943.68. 329 (h) Coordinate, when necessary, special activities between 330 foreign governments and Florida state and local governments. 331 These may include Consular Corps Day, Consular Corps 332 conferences, and various other social, cultural, or educational 333 activities. 334 (i) Notify all newly arrived foreign governmental officials 335 of the services offered by the state protocol officer. 336 Section 24. Subsection (2) of section 316.0747, Florida 337 Statutes, is amended to read: 338 316.0747 Sale or purchase of traffic control devices by 339 nongovernmental entities; prohibitions.— 340 (2) Nongovernmental entities to which the general public is 341 invited to travel shall install and maintain uniform traffic 342 control devices at appropriate locations pursuant to the 343 standards set forth by the Manual on Uniform Traffic Control 344 Devices as adopted by the Department of Transportation pursuant 345 to s. 316.0745. Businesses the parking lots of which do not 346 provide intersecting lanes of traffic and businesses having 347 fewer than 25 parking spaces are exempt from the provisions of 348 this subsection.The Department of Transportation shall adopt349rules to implement this section.350 Section 25. Subsection (2) of section 316.525, Florida 351 Statutes, is amended to read: 352 316.525 Requirements for vehicles hauling loads.— 353(2) The Department of Transportation shall promulgate rules354with respect to the type and suitability of nylon strapping to355be used in compliance with this section.356 Section 26. Section 317.0005, Florida Statutes, is amended 357 to read: 358 317.0005Rules,Forms,and notices.— 359(1) The department may adopt rules pursuant to ss.360120.536(1) and120.54, which pertain to off-highway vehicle361titling, in order to implement the provisions of this chapter362conferring duties upon it.363(2)The department shall prescribe and provide suitable 364 forms for applications and other notices and forms necessary to 365 administer the provisions of this chapter. 366 Section 27. Subsection (5) of section 320.0657, Florida 367 Statutes, is amended to read: 368 320.0657 Permanent registration; fleet license plates.— 369(5) The department may adopt rules to comply with this370section.371 Section 28. Subsection (12) of section 320.0848, Florida 372 Statutes, is amended to read: 373 320.0848 Persons who have disabilities; issuance of 374 disabled parking permits; temporary permits; permits for certain 375 providers of transportation services to persons who have 376 disabilities.— 377(12) The Department of Highway Safety and Motor Vehicles378shall adopt rules to administer this section.379 Section 29. Subsection (3) of section 322.161, Florida 380 Statutes, is amended to read: 381 322.161 High-risk drivers; restricted licenses.— 382(3) The department shall adopt rules to carry out the383purposes of this section.384 Section 30. Paragraph (a) of subsection (1) of section 385 324.0221, Florida Statutes, is amended to read: 386 324.0221 Reports by insurers to the department; suspension 387 of driver’s license and vehicle registrations; reinstatement.— 388 (1)(a) Each insurer that has issued a policy providing 389 personal injury protection coverage or property damage liability 390 coverage shall report the renewal, cancellation, or nonrenewal 391 thereof to the department within 45 days after the effective 392 date of each renewal, cancellation, or nonrenewal. Upon the 393 issuance of a policy providing personal injury protection 394 coverage or property damage liability coverage to a named 395 insured not previously insured by the insurer during that 396 calendar year, the insurer shall report the issuance of the new 397 policy to the department within 30 days. The report shall be in 398 the form and format and contain any information required by the 399 department and must be provided in a format that is compatible 400 with the data processing capabilities of the department.The401department may adopt rules regarding the form and documentation402required.Failure by an insurer to file proper reports with the 403 department as required by this subsectionor rules adopted with404respect to the requirements of this subsectionconstitutes a 405 violation of the Florida Insurance Code. These records shall be 406 used by the department only for enforcement and regulatory 407 purposes, including the generation by the department of data 408 regarding compliance by owners of motor vehicles with the 409 requirements for financial responsibility coverage. 410 Section 31. Section 328.44, Florida Statutes, is repealed. 411 Section 32. Section 328.50, Florida Statutes, is repealed. 412 Section 33. Subsection (5) of section 339.2817, Florida 413 Statutes, is amended to read: 414 339.2817 County Incentive Grant Program.— 415(5) The department is authorized to adopt rules to416administer the County Incentive Grant Program.417 Section 34. Subsection (9) of section 339.55, Florida 418 Statutes, is amended to read: 419 339.55 State-funded infrastructure bank.— 420(9) The department is authorized to adopt rules to421implement the state-funded infrastructure bank.422 Section 35. Paragraph (b) of subsection (2) and subsection 423 (14) of section 376.121, Florida Statutes, are amended to read: 424 376.121 Liability for damage to natural resources.—The 425 Legislature finds that extensive damage to the state’s natural 426 resources is the likely result of a pollutant discharge and that 427 it is essential that the state adequately assess and recover the 428 cost of such damage from responsible parties. It is the state’s 429 goal to recover the costs of restoration from the responsible 430 parties and to restore damaged natural resources to their 431 predischarge condition. In many instances, however, restoration 432 is not technically feasible. In such instances, the state has 433 the responsibility to its citizens to recover the cost of all 434 damage to natural resources. To ensure that the public does not 435 bear a substantial loss as a result of the destruction of 436 natural resources, the procedures set out in this section shall 437 be used to assess the cost of damage to such resources. Natural 438 resources include coastal waters, wetlands, estuaries, tidal 439 flats, beaches, lands adjoining the seacoasts of the state, and 440 all living things except human beings. The Legislature 441 recognizes the difficulty historically encountered in 442 calculating the value of damaged natural resources. The value of 443 certain qualities of the state’s natural resources is not 444 readily quantifiable, yet the resources and their qualities have 445 an intrinsic value to the residents of the state, and any damage 446 to natural resources and their qualities should not be dismissed 447 as nonrecoverable merely because of the difficulty in 448 quantifying their value. In order to avoid unnecessary 449 speculation and expenditure of limited resources to determine 450 these values, the Legislature hereby establishes a schedule for 451 compensation for damage to the state’s natural resources and the 452 quality of said resources. As an alternative to the compensation 453 schedule described in subsections (4), (5), (6), and (9), the 454 department, when no responsible party is identified, when a 455 responsible party opts out of the formula pursuant to paragraph 456 (10)(a), or when the department conducts a cooperative damage 457 assessment with federal agencies, may use methods of calculating 458 natural resources damages in accordance with federal rules 459 implementing the Oil Pollution Act of 1990, as amended. 460 (2) The compensation schedule for damage to natural 461 resources is based upon the cost of restoration and the loss of 462 ecological, consumptive, intrinsic, recreational, scientific, 463 economic, aesthetic, and educational values of such injured or 464 destroyed resources. The compensation schedule takes into 465 account: 466 (b) The characteristics of the pollutant discharged. The 467 toxicity, dispersibility, solubility, and persistence 468 characteristics of a pollutant as affects the severity of the 469 effects on the receiving environment, living things, and 470 recreational and aesthetic resources. Pollutants have varying 471 propensities to injure natural resources based upon their 472 potential exposure and effects. Exposure to natural resources is 473 determined by the dispersibility and degradability of the 474 pollutant. Effects to natural resources result from mechanical 475 injury and toxicity and include physical contamination, 476 smothering, feeding prevention, immobilization, respiratory 477 distress, direct mortality, lost recruitment of larvae and 478 juveniles killed, changes in the food web, and chronic effects 479 of sublethal levels of contaminates in tissues or the 480 environment. For purposes of the compensation schedule, 481 pollutants have been ranked for their propensity to cause injury 482 to natural resources based upon a combination of their acute 483 toxicity, mechanical injury, degradability, and dispersibility 484 characteristics on a 1-to-3 relative scale with Category 1 485 containing the pollutants with the greatest propensity to cause 486 injury to natural resources. The following pollutants are 487 categorized: 488 1. Category 1: bunker and residual fuel. 489 2. Category 2: waste oils, crude oil, lubricating oil, 490 asphalt, and tars. 491 3. Category 3: hydraulic fluids, numbers 1 and 2 diesel 492 fuels, heating oil, jet aviation fuels, motor gasoline, 493 including aviation gasoline, kerosene, stationary turbine fuels, 494 ammonia and its derivatives, and chlorine and its derivatives. 495 496The department shall adopt rules establishing the pollutant497category of pesticides and other pollutants as defined in s.498376.031and not listed in this paragraph.499(14) The department shall adopt rules necessary or500convenient for carrying out the duties, obligations, powers, and501responsibilities set forth in this section.502 Section 36. Subsection (5) of section 376.317, Florida 503 Statutes, is amended to read: 504 376.317 Superseded laws; state preemption.— 505 (5) The department is authorized toadopt rules thatpermit 506 any county government to establish, in accordance with s. 507 403.182, a program regulating underground storage tanks, which 508 program is more stringent or extensive than that established by 509 any state law or rule regulating underground storage tanks. The 510 department shall approve or deny a request by a county for 511 approval of an ordinance establishing such a program according 512 to the procedures and time limits of s. 120.60.When adopting513the rules,The department shall consider local conditions that 514 warrant such more stringent or extensive regulation of 515 underground storage tanks, including, but not limited to, the 516 proximity of the county to a sole or single-source aquifer, the 517 potential threat to the public water supply because of the 518 proximity of underground storage tanks to public wells or 519 groundwater, or the detection of petroleum products in public or 520 private water supplies. 521 Section 37. Subsection (6) of section 379.245, Florida 522 Statutes, is amended to read: 523 379.245 Spiny lobster reports by dealers during closed 524 season required.— 525(6) The Fish and Wildlife Conservation Commission may adopt526rules incorporating by reference such forms as are necessary to527administer this section.528 Section 38. Subsection (9) of section 380.0666, Florida 529 Statutes, is amended to read: 530 380.0666 Powers of land authority.—The land authority shall 531 have all the powers necessary or convenient to carry out and 532 effectuate the purposes and provisions of this act, including 533 the following powers, which are in addition to all other powers 534 granted by other provisions of this act: 535(9) To make rules pursuant to the provisions of chapter 120536necessary to carry out the purposes of this act and to exercise537any power granted in this act.538 Section 39. Subsection (1) of section 391.304, Florida 539 Statutes, is amended to read: 540 391.304 Program coordination.— 541 (1) The Department of Health shall:542 (a) develop a plan for statewide implementation of the 543 developmental evaluation and intervention program. 544 (b) Developrules,procedures, and contracts to implement 545 the developmental evaluation and intervention program. 546 Section 40. Section 391.305, Florida Statutes, is amended 547 to read: 548 391.305 Program standards; rules.—The Department of Health 549 shalladopt rules for the administration of the developmental550evaluation and intervention program. The rules shallspecify 551 standards for the development and operation of the program, 552 including, but not limited to: 553 (1) Standards governing the eligibility for program 554 services and the requirements of the population to be served. 555 (2) Criteria for determining an infant’s or a toddler’s 556 need for developmental evaluation and intervention program 557 services. 558 (3) Minimum developmental evaluation and intervention and 559 support services. 560 (4) Program staff requirements and personnel 561 qualifications. 562 (5) Reporting and program evaluation procedures. 563 Section 41. Subsection (5) of section 393.0641, Florida 564 Statutes, is amended to read: 565 393.0641 Program for the prevention and treatment of severe 566 self-injurious behavior.— 567 (5) The agency may license this programand adopt rules to568administer the program. 569 Section 42. Section 395.0185, Florida Statutes, is amended 570 to read: 571 395.0185 Rebates prohibited; penalties.— 572 (1) It is unlawful for any person to pay or receive any 573 commission, bonus, kickback, or rebate or engage in any split 574 fee arrangement, in any form whatsoever, with any physician, 575 surgeon, organization, or person, either directly or indirectly, 576 for patients referred to a licensed facility. 577 (2) The agency shall enforceadopt rules which assess578administrative penalties for acts prohibited insubsection (1). 579In the case of an entity licensed by the agency, such penalties580may include any disciplinary action available to the agency581under the appropriate licensing laws.In the case of an entity 582 not licensed by the agency, administrativesuchpenalties may 583 include: 584 (a) A fine not to exceed $1,000. 585 (b) If applicable, a recommendation by the agency to the 586 appropriate licensing board that disciplinary action be taken. 587 Section 43. Subsections (8) and (9) of section 395.605, 588 Florida Statutes, are amended to read: 589 395.605 Emergency care hospitals.— 590 (8)The agency shall adopt rules for facility licensure591that conform to s.395.1055. Rules shall include the following592provisions:593 (a) Emergency care hospitals shall have agreements with 594 other hospitals, skilled nursing facilities, home health 595 agencies, and with providers of diagnostic-imaging and 596 laboratory services that are not provided on site but are needed 597 by patients. 598 (b) All patients shall be under the care of a physician or 599 under the care of a nurse practitioner or physician assistant 600 supervised by a physician. 601 (c) A physician, nurse practitioner, or physician assistant 602 shall be on duty at all times, or a physician shall be on call 603 and available within 30 minutes at all times. 604 (d) All compounding, packaging, and dispensing of drugs and 605 biologicals shall be under the supervision of a pharmacist. 606 (e) Diagnostic radiologic services and clinical laboratory 607 services shall be maintained at the facility or shall be 608 available to meet the needs of its patients. 609 (f) Clinical laboratory services provided by the facility 610 shall, at a minimum, include: 611 1. Chemical examinations of urine by stick or tablet 612 methods, or both (including urine ketones). 613 2. Microscopic examinations of urine sediment. 614 3. Hemoglobin or hematocrit. 615 4. Blood sugar. 616 5. Gram stain. 617 6. Examination of stool specimens for occult blood. 618 7. Pregnancy tests. 619 8. Primary culturing for transmittal to a certified 620 laboratory. 621 9. Sediment rate, CBC. 622 (9) The agency may use specific diagnosis-related groups, 623 ICD-9 codes, or similar patient illness-severity classification 624 schemes to define the scope of inpatient care in emergency care 625 hospitals in lieu of the 96-hour inpatient care limitation.The626methodology used for determining the scope of inpatient care627permitted in emergency care hospitals shall be included in rule.628 Section 44. Subsection (5) of section 397.99, Florida 629 Statutes, is amended to read: 630 397.99 School substance abuse prevention partnership 631 grants.— 632(5) The department shall establish rules as necessary to633implement this section.634 Section 45. Subsection (6) of section 397.998, Florida 635 Statutes, is amended to read: 636 397.998 Drug-free communities support match grants.— 637(6) RULES.—The department is authorized to adopt rules638specifically to address procedures necessary to administer the639drug-free communities match grants as provided in this section.640 Section 46. Subsection (4) of section 400.063, Florida 641 Statutes, is amended to read: 642 400.063 Resident protection.— 643(4) The agency is authorized to adopt rules necessary to644implement this section.645 Section 47. Section 400.176, Florida Statutes, is amended 646 to read: 647 400.176 Rebates prohibited; penalties.— 648 (1) It is unlawful for any person to pay or receive any 649 commission, bonus, kickback, or rebate or engage in any split 650 fee arrangement in any form whatsoever with any physician, 651 surgeon, organization, agency, or person, either directly or 652 indirectly, for residents referred to a nursing home licensed 653 under this part. 654 (2) The agency shall enforceadopt rules which assess655administrative penalties for acts prohibited bysubsection (1). 656In the case of an entity licensed by the agency, such penalties657may include any disciplinary action available to the agency658under the appropriate licensing laws.In the case of an entity 659 not licensed by the agency, administrativesuchpenalties may 660 include: 661 (a) A fine not to exceed $5,000; and 662 (b) If applicable, a recommendation by the agency to the 663 appropriate licensing board that disciplinary action be taken. 664 Section 48. Subsection (4) of section 400.801, Florida 665 Statutes, is amended to read: 666 400.801 Homes for special services.— 667(4) The agency may adopt rules for implementing and668enforcing this section and part II of chapter 408.669 Section 49. Subsections (5) and (6) of section 402.22, 670 Florida Statutes, are amended to read: 671 402.22 Education program for students who reside in 672 residential care facilities operated by the Department of 673 Children and Family Services or the Agency for Persons with 674 Disabilities.— 675 (5) Instructional and special educational services that are 676 provided to clients with mental illness or developmental 677 disabilities of the department’s or agency’s residential care 678 facilities by local school districts shall not be less than 180 679 days or 900 hours; however, the 900 hours may be distributed 680 over a 12-month period, unless otherwise stated in rules681developed by the State Board of Education, with the concurrence682of the department or agency and adopted pursuant to subsection683(6). 684(6) The State Board of Education, the Department of685Children and Family Services, and the Agency for Persons with686Disabilities may adopt rules to assist in the orderly transfer687of the instruction of students from department or agency688residential care facilities to the district school system or to689the public education agency and which shall assist in690implementing the specific intent as stated in this act.691 Section 50. Paragraph (c) of subsection (1) and subsection 692 (3) of section 402.3025, Florida Statutes, are amended to read: 693 402.3025 Public and nonpublic schools.—For the purposes of 694 ss. 402.301-402.319, the following shall apply: 695 (1) PUBLIC SCHOOLS.— 696(c) The State Board of Education shall adopt rules to697implement this subsection, including standards for programs in698subparagraphs (a)2. and 3., which recognize the vulnerability of699children under 5 years of age and make special provisions to700ensure their health and safety. Such rules shall include, but701not be limited to, facilities, personnel staffing and702qualifications, transportation, and health and safety practices.703In preparing such rules, the Commissioner of Education shall704review the standards already existing in the state and the705recommendations of appropriate professional and accreditation706agencies.707 (3) INSPECTION FEE.—The department shall establishby rule 708 a fee for inspection activities performed pursuant to this 709 section, in an amount sufficient to cover costs. However, the 710 amount of such fee for the inspection of a school shall not 711 exceed the fee imposed for child care licensure pursuant to s. 712 402.315. 713 Section 51. Subsection (4) of section 402.81, Florida 714 Statutes, is amended to read: 715 402.81 Pharmaceutical expense assistance.— 716 (4) ADMINISTRATION.—The pharmaceutical expense assistance 717 program shall be administered by the agency, in collaboration 718 with the Department of Elderly Affairs and the Department of 719 Children and Family Services. 720(a) The agency may adopt rules pursuant to ss.120.536(1)721and120.54to implement the provisions of this section.722(b)By January 1 of each year, the agency shall report to 723 the Legislature on the operation of the program. The report 724 shall include information on the number of individuals served, 725 use rates, and expenditures under the program. 726 Section 52. Section 403.0861, Florida Statutes, is 727 repealed. 728 Section 53. Subsection (8) of section 403.7191, Florida 729 Statutes, is amended to read: 730 403.7191 Toxics in packaging.— 731(8) RULES.—The department is authorized to adopt rules to732implement the provisions of this section.733 Section 54. Section 409.14511, Florida Statutes, is 734 repealed. 735 Section 55. Subsection (10) of section 409.2576, Florida 736 Statutes, is amended to read: 737 409.2576 State Directory of New Hires.— 738(10) RULEMAKING AUTHORITY.—The Department of Revenue shall739have the authority to adopt rules to implement this section.740 Section 56. Subsection (4) of section 409.2578, Florida 741 Statutes, is amended to read: 742 409.2578 Access to employment information; administrative 743 fine.— 744(4) The Title IV-D agency has the authority to adopt rules745and procedures to implement this section.746 Section 57. Section 409.2675, Florida Statutes, is 747 repealed. 748 Section 58. Subsection (3) of section 409.441, Florida 749 Statutes, is amended to read: 750 409.441 Runaway youth programs and centers.— 751 (3) CRITERIA FOR LICENSING OF CENTERS; STANDARD SERVICES.— 752(a) No later than September 1, 1984, the department shall753adopt rules pertaining to uniform licensing criteria for runaway754youth centers.755(b)The department shall establish standard services for 756 runaway youth centers which can be monitored and evaluated, and 757 the establishment of these services shall be a prerequisite to 758 receiving state funds. Such services shall include, but are not 759 limited to: 760 (a)1.Programs for outreach and prevention for troubled 761 youths and runaway youths and their families. 762 (b)2.Early intervention counseling services for troubled 763 youths and runaway youths and their families, with 24-hour 764 access geared toward crisis or time-of-need intervention. 765 (c)3.Temporary or short-term shelter, food, and clothing. 766 (d)4.Uniform and confidential intake and records systems. 767 (e)5.Provision for aftercare including individual and 768 family counseling services. 769 (f)6.Programs for advocacy for client population and 770 community support. 771 (g)7.Provisions for case management and referral from 772 service to service. 773 Section 59. Subsection (11) of section 409.9101, Florida 774 Statutes, is amended to read: 775 409.9101 Recovery for payments made on behalf of Medicaid 776 eligible persons.— 777(11) The agency is authorized to adopt rules to implement778the provisions of this section.779 Section 60. Section 411.205, Florida Statutes, is repealed. 780 Section 61. Subsection (10) of section 411.224, Florida 781 Statutes, is amended to read: 782 411.224 Family support planning process.—The Legislature 783 establishes a family support planning process to be used by the 784 Department of Children and Family Services as the service 785 planning process for targeted individuals, children, and 786 families under its purview. 787(10) The Department of Children and Family Services, the788Department of Health, and the Department of Education shall789adopt rules necessary to implement this act.790 Section 62. Subsection (4) of section 414.158, Florida 791 Statutes, is amended to read: 792 414.158 Diversion program to prevent or reduce child abuse 793 and neglect.— 794 (4) The department, in consultation with Healthy Families 795 Florida, may establish additional requirements related to 796 services or one-time payments,andthe department is authorized797to adopt rules relating tomaximum amounts of such one-time 798 payments. 799 Section 63. Subsection (4) of section 414.1585, Florida 800 Statutes, is amended to read: 801 414.1585 Diversion program for families at risk of welfare 802 dependency due to substance abuse or mental illness.— 803 (4) The departmentis authorized to adopt rules governing804the administration of this section andmay establish additional 805 criteria related to services, client need, or one-time payments. 806 The department may establish maximum amounts of one-time 807 paymentsin rule. 808 Section 64. Section 414.35, Florida Statutes, is amended to 809 read: 810 414.35 Emergency relief.— 811(1) The department shall adopt rules for the administration812of emergency assistance programs delegated to the department813either by executive order in accordance with the Disaster Relief814Act of 1974 or pursuant to the Food and Nutrition Act of 2008.815(2) In promulgating the rules required in this section, the816department shall give particular consideration to the prevention817of fraud in emergency assistance programs. Such rules shall, at818a minimum, provide for:819(a) Verification of an applicant’s identity and address.820(b) Determination of an applicant’s need for assistance and821verification of an applicant’s need in accordance with822appropriate federal law and regulations.823(c) The timely and adequate dissemination of accurate824certification information to local emergency management825agencies.826(3)In administering emergency food assistance and other 827 emergency assistance programs, the department shall cooperate 828 fully with the United States Government and with other 829 departments, instrumentalities, and agencies of this state. 830 Section 65. Subsection (1) of section 415.1105, Florida 831 Statutes, is amended to read: 832 415.1105 Training programs.— 833 (1) The department shalldevelop rules governing preservice834and inservice training for adult protective investigation staff835and, within available resources,shallprovide appropriate 836 preservice and inservice training for adult protective 837 investigationto suchstaff. 838 Section 66. Subsection (1) of section 420.5091, Florida 839 Statutes, is amended to read: 840 420.5091 HOPE Program.— 841 (1) The corporation mayadopt rules toimplement the HOPE 842 Program, created by the 1990 National Affordable Housing Act, to 843 make loans and grants, foreclose on any mortgage or security 844 interest, or commence any legal action to protect the interest 845 of the corporation and recover the amount of the unpaid 846 principal, accrued interest, and fees. The corporation may 847 acquire real and personal property or any interest in the 848 property if that acquisition is necessary to protect any loan; 849 sell, transfer, and convey any such property to a buyer without 850 regard to the provisions of chapters 253 and 270; and, if that 851 sale, transfer, or conveyance cannot be effected within a 852 reasonable time, lease such property for occupancy by eligible 853 persons. All sums recovered from the sale, transfer, conveyance, 854 or lease of such property shall be deposited into the HOME 855 Investment Partnership Fund. 856 Section 67. Subsection (3) of section 430.708, Florida 857 Statutes, is amended to read: 858 430.708 Certificate of need.—To ensure that Medicaid 859 community diversion pilot projects result in a reduction in the 860 projected average monthly nursing home caseload, the agency 861 shall, in accordance with the provisions of s. 408.034(5): 862(3) Adopt rules to reduce the number of beds in Medicaid863participating nursing homes eligible for Medicaid, through a864Medicaid-selective contracting process or some other appropriate865method.866 Section 68. Subsection (4) of section 430.902, Florida 867 Statutes, is amended to read: 868 430.902 Multiservice senior center.— 869(4) The department may adopt rules to implement the870provisions of this section.871 Section 69. Subsection (6) of section 443.1312, Florida 872 Statutes, is amended to read: 873 443.1312 Reimbursements; nonprofit organizations.—Benefits 874 paid to employees of nonprofit organizations shall be financed 875 in accordance with this section. 876 (6) GROUP EMPLOYMENT RECORDS.—Two or more employers that 877 become reimbursing employers under subsection (2) and s. 878 443.121(3) may file a joint application with the tax collection 879 service provider for the establishment of a group employment 880 record for the purpose of sharing the cost of benefits paid that 881 are attributable to service in the employ of the employers. Each 882 application must identify and authorize a group representative 883 to act as the group’s agent for the purposes of this subsection. 884 Upon its approval of the application, the tax collection service 885 provider shall establish a group employment record for the 886 employers which is effective at the beginning of the calendar 887 year in which the service provider receives the application and 888 shall notify the group’s representative of the effective date of 889 the employment record. Each group employment record remains in 890 effect until terminated and must remain in effect at least 2 891 calendar years before it may be terminated. A group employment 892 record may be terminated by the tax collection service provider 893 on its own motion or upon application by the group. Upon 894 establishment of a group employment record, the amount of 895 benefits payable by each member of the group for a calendar 896 quarter is a proportionate share of the total benefits paid 897 during the quarter which are attributable to service performed 898 in the employ of all members of the group in the same ratio as 899 the total wages paid for service in employment by the member 900 during the quarter, as compared to the total wages paid during 901 the quarter for service performed in the employ of all members 902 of the group.The state agency providing tax collection services903may adopt rules prescribing applications and procedures for904establishing, maintaining, and terminating group employment905records authorized by this subsection; for adding of new members906to, and withdrawal of active members from, group employment907records; and for determining the amounts that are payable under908this subsection by members of the group and the time and manner909of those payments.910 Section 70. Subsection (3) of section 443.1313, Florida 911 Statutes, is amended to read: 912 443.1313 Public employers; reimbursements; election to pay 913 contributions.—Benefits paid to employees of a public employer, 914 as defined in s. 443.036, based on service described in s. 915 443.1216(2) shall be financed in accordance with this section. 916 (3) CHANGE OF ELECTION.—Upon electing to be a reimbursing 917 or contributing employer under this section, a public employer 918 may not change this election for at least 2 calendar years. This 919 subsection does not prevent a public employer subject to this 920 subsection from changing its election after completing 2 921 calendar years under another financing method if the new 922 election is timely filed.The state agency providing923reemployment assistance tax collection services may adopt rules924prescribing procedures for changing methods of reporting.925 Section 71. Subsection (2) of section 455.2255, Florida 926 Statutes, is amended to read: 927 455.2255 Classification of disciplinary actions.— 928 (2) The department may establish a schedule classifying 929 violations according to the severity of the violation. After the 930 expiration of set periods of time, the department may provide 931 for such disciplinary records to become inactive, according to 932 their classification. After the disciplinary record has become 933 inactive, the department may clear the violation from the 934 disciplinary record and the subject person or business may 935 lawfully deny or fail to acknowledge such disciplinary actions. 936The department may adopt rules to implement this subsection.937 Section 72. Paragraphs (b) and (g) of subsection (5) of 938 section 456.053, Florida Statutes, are amended to read: 939 456.053 Financial arrangements between referring health 940 care providers and providers of health care services.— 941 (5) PROHIBITED REFERRALS AND CLAIMS FOR PAYMENT.—Except as 942 provided in this section: 943 (b) A health care provider may not refer a patient for the 944 provision of any other health care item or service to an entity 945 in which the health care provider is an investor unless: 946 1. The provider’s investment interest is in registered 947 securities purchased on a national exchange or over-the-counter 948 market and issued by a publicly held corporation: 949 a. Whose shares are traded on a national exchange or on the 950 over-the-counter market; and 951 b. Whose total assets at the end of the corporation’s most 952 recent fiscal quarter exceeded $50 million; or 953 2. With respect to an entity other than a publicly held 954 corporation described in subparagraph 1., and a referring 955 provider’s investment interest in such entity, each of the 956 following requirements are met: 957 a. No more than 50 percent of the value of the investment 958 interests are held by investors who are in a position to make 959 referrals to the entity. 960 b. The terms under which an investment interest is offered 961 to an investor who is in a position to make referrals to the 962 entity are no different from the terms offered to investors who 963 are not in a position to make such referrals. 964 c. The terms under which an investment interest is offered 965 to an investor who is in a position to make referrals to the 966 entity are not related to the previous or expected volume of 967 referrals from that investor to the entity. 968 d. There is no requirement that an investor make referrals 969 or be in a position to make referrals to the entity as a 970 condition for becoming or remaining an investor. 971 3. With respect to either such entity or publicly held 972 corporation: 973 a. The entity or corporation does not loan funds to or 974 guarantee a loan for an investor who is in a position to make 975 referrals to the entity or corporation if the investor uses any 976 part of such loan to obtain the investment interest. 977 b. The amount distributed to an investor representing a 978 return on the investment interest is directly proportional to 979 the amount of the capital investment, including the fair market 980 value of any preoperational services rendered, invested in the 981 entity or corporation by that investor. 982 4. Each board and, in the case of hospitals, the Agency for 983 Health Care Administration, shall encourage the use by licensees 984 of the declaratory statement procedure to determine the 985 applicability of this section or any rule adopted pursuant to 986 this section as it applies solely to the licensee. Boards shall 987 submit to the Agency for Health Care Administration the name of 988 any entity in which a provider investment interest has been 989 approved pursuant to this section, and the Agency for Health990Care Administration shall adopt rules providing for periodic991quality assurance and utilization review of such entities. 992 (g) A violation of this section by a health care provider 993 shall constitute grounds for disciplinary action to be taken by 994 the applicable board pursuant to s. 458.331(2), s. 459.015(2), 995 s. 460.413(2), s. 461.013(2), s. 463.016(2), or s. 466.028(2). 996 Any hospital licensed under chapter 395 found in violation of 997 this section shall be subject tothe rules adopted by the Agency998for Health Care Administration pursuant tos. 395.0185(2). 999 Section 73. Section 472.017, Florida Statutes, is amended 1000 to read: 1001 472.017 Renewal of license.— 1002(1)The department shall renew a license upon receipt of 1003 the renewal application and fee, upon proof of compliance with 1004 the continuing education requirement of s. 472.018, and, if a 1005 demonstration of competency is required by law or rule, upon 1006 certification by the board that the licensee has satisfactorily 1007 demonstrated his or her competence in surveying and mapping. 1008(2) The department shall adopt rules establishing a1009procedure for the biennial renewal of licenses.1010 Section 74. Section 489.146, Florida Statutes, is amended 1011 to read: 1012 489.146 Privatization of services.—Notwithstanding any 1013 other provision of this part relating to the review of licensure 1014 applications, issuance of licenses and renewals, collection of 1015 revenues, fees, and fines, service of documents, publications, 1016 and printing, and other ministerial functions of the department 1017 relating to the regulation of contractors, the department shall 1018 make all reasonable efforts to contract with one or more private 1019 entities for provision of such services, when such services can 1020 be provided in a more efficient manner by private entities. The 1021 department or the board shall retain final authority for 1022 licensure decisions and rulemaking, including all appeals or 1023 other legal action resulting from such licensure decisions or 1024 rulemaking.The department and the board shall adopt rules to1025implement the provisions of this section.1026 Section 75. Subsection (2) of section 496.414, Florida 1027 Statutes, is amended to read: 1028 496.414 Duties of commercial co-venturers.— 1029(2) If determined to be essential to protect the public1030from fraudulent or deceptive advertising, the department may, in1031accordance with chapter 120, adopt rules requiring disclosure in1032advertising for a charitable or sponsor sales promotion of1033information relating to the portion or amount that will benefit1034the charitable organization or sponsor or the charitable purpose1035or sponsor purpose.1036 Section 76. Subsections (1) and (3) of section 497.381, 1037 Florida Statutes, are amended to read: 1038 497.381 Solicitation of goods or services.— 1039(1) The licensing authority shall adopt rules regulating1040the solicitation of goods or services by licensees.1041 (2)(3)The licensing authority shall regulate such 1042 solicitation which comprises an uninvited invasion of personal 1043 privacy. It is the express finding of the Legislature that the 1044 public has a high expectation of privacy in one’s personal 1045 residence, and the licensing authorityby rulemay restrict the 1046 hours or otherwise regulate such solicitation in the personal 1047 residence of a person unless the solicitation has been 1048 previously and expressly requested by the person solicited. 1049 Section 77. Subsection (4) of section 501.0583, Florida 1050 Statutes, is amended to read: 1051 501.0583 Selling, delivering, bartering, furnishing, or 1052 giving weight-loss pills to persons under age 18; penalties; 1053 defense.— 1054(4) The Department of Agriculture and Consumer Services is1055authorized to adopt rules to implement this section.1056 Section 78. Subsection (3) of section 509.036, Florida 1057 Statutes, is amended to read: 1058 509.036 Public food service inspector standardization.— 1059 (3)The division and its agent shall adopt rules in1060accordance with the provisions of chapter 120 to provide for1061disciplinary action in cases of inspector negligence.An 1062 inspector may be subject to suspension or dismissal for cause as 1063 set forth in s. 110.227. 1064 Section 79. Section 548.024, Florida Statutes, is amended 1065 to read: 1066 548.024 Background investigation of applicants for 1067 licensure.— 1068(1) The commission is authorized to adopt rules pursuant to1069ss.120.536(1) and120.54which provide for background1070investigations of applicants for licensure under this chapter1071for the purpose of ensuring the accuracy of the information1072provided in the application; ensuring that there are no active1073or pending criminal or civil indictments against the applicant;1074and ensuring satisfaction of all other requirements of this1075chapter. The background investigation may include, but is not1076limited to, the criminal and financial history of the applicant.1077(2)If the commission requires a background criminal 1078 history investigation of any applicant, it shall require the 1079 applicant to submit to the department a fingerprint card for 1080 this purpose. The fingerprint card shall be forwarded to the 1081 Division of Criminal Justice Information Systems within the 1082 Department of Law Enforcement and the Federal Bureau of 1083 Investigation for purposes of processing the fingerprint card to 1084 determine if the applicant has a criminal history record. The 1085 information obtained by the processing of the fingerprint card 1086 by the Department of Law Enforcement and the Federal Bureau of 1087 Investigation shall be sent to the department for the purpose of 1088 determining if the applicant is statutorily qualified for 1089 licensure. 1090 Section 80. Section 553.897, Florida Statutes, is repealed. 1091 Section 81. Subsection (3) of section 559.10, Florida 1092 Statutes, is amended to read: 1093 559.10 Definition; “budget planning.”— 1094(3) The Financial Services Commission may adopt rules as1095necessary to implement and enforce this part.1096 Section 82. Section 561.41, Florida Statutes, is amended to 1097 read: 1098 561.41 Maintenance and designation of principal office by 1099 manufacturers, distributors, importers, and exporters.—Each 1100 licensed manufacturer, distributor, and importer and each 1101 registered exporter must have within this state an office 1102 designated as its principal office within this state and may 1103 maintain branch offices within or without this state. The 1104 principal and branch offices of each manufacturer, distributor, 1105 and importer within this state must, during regular defined 1106 business hours, be kept open for the inspection of authorized 1107 employees of the division. Each registered exporter must provide 1108 access to authorized employees of the division to all business 1109 premises, inventories, and records, including all records of 1110 transporters, warehouses, and exporters required by the Federal 1111 Government, for the purpose of conducting semiannual audits and 1112 inventories.The division may adopt rules to carry out the1113purposes of this section.1114 Section 83. Section 563.04, Florida Statutes, is repealed. 1115 Section 84. Section 564.04, Florida Statutes, is repealed. 1116 Section 85. Subsection (4) of section 578.26, Florida 1117 Statutes, is amended to read: 1118 578.26 Complaint, investigation, hearings, findings, and 1119 recommendation prerequisite to legal action.— 1120 (4) The department shall provide administrative support for 1121 the seed investigation and conciliation counciland shall adopt1122rules to govern investigations and hearings. A copy of the rules1123shall be mailed to each party, upon receipt of a complaint by1124the department. 1125 Section 86. Subsection (2) of section 582.055, Florida 1126 Statutes, is amended to read: 1127 582.055 Powers and duties of the Department of Agriculture 1128 and Consumer Services; rules.— 1129(2) The department is authorized to adopt rules to1130implement, make specific, and interpret the provisions of this1131chapter.1132 Section 87. Section 601.74, Florida Statutes, is amended to 1133 read: 1134 601.74Adoption of rules;Fees for licensing and analysis 1135 of processing materials.—The Department of Agriculture mayadopt1136rules andset fees with respect to the licensing and analysis of 1137 materials and composition used on or in the packing of citrus 1138 fruits.Such rules may include fees for permitting dyes and1139coloring matter.Fees shall be not less than $30 nor more than 1140 $100 for each manufacturer applying to the Department of 1141 Agriculture. All such license fees collected under this section 1142 shall be paid monthly by the Department of Agriculture into the 1143 State Treasury to the credit of the General Inspection Trust 1144 Fund and shall be appropriated and made available for defraying 1145 the expenses incurred in the administration of this law. 1146 Section 88. Section 601.75, Florida Statutes, is repealed. 1147 Section 89. Section 601.76, Florida Statutes, is amended to 1148 read: 1149 601.76 Manufacturer to furnish formula and other 1150 information.—The Department of Agriculture may adopt rules with1151respect to requirements for information that must be furnished1152by manufacturers of coloring matter for use on citrus fruit.1153Such information may include product formulas.Any formula 1154 required to be filed with the Department of Agriculture shall be 1155 deemed a trade secret as defined in s. 812.081, is confidential 1156 and exempt from s. 119.07(1), and shall only be divulged to the 1157 Department of Agriculture or to its duly authorized 1158 representatives or upon orders of a court of competent 1159 jurisdiction when necessary in the enforcement of this law. A 1160 person who receives such a formula from the Department of 1161 Agriculture under this section shall maintain the 1162 confidentiality of the formula. 1163 Section 90. Section 601.77, Florida Statutes, is repealed. 1164 Section 91. Section 601.78, Florida Statutes, is repealed. 1165 Section 92. Subsection (3) of section 607.193, Florida 1166 Statutes, is amended to read: 1167 607.193 Supplemental corporate fee.— 1168(3) The Department of State shall adopt rules and prescribe1169forms necessary to carry out the purposes of this section.1170 Section 93. Section 624.487, Florida Statutes, is amended 1171 to read: 1172 624.487 Enforcement of specified insurance provisions;1173adoption of rules.—The office may enforce, with respect to group 1174 self-insurance funds established or operated under s. 624.4621, 1175 the provisions of s. 624.316, s. 624.424, s. 625.091, or s. 1176 625.305 as they relate to workers’ compensation insurers, and1177the commission may adopt rules to implement the enforcement1178authority granted by this section. 1179 Section 94. Subsection (1) of section 627.096, Florida 1180 Statutes, is amended to read: 1181 627.096 Workers’ Compensation Rating Bureau.— 1182 (1) There is created within the office a Workers’ 1183 Compensation Rating Bureau, which shall make an investigation 1184 and study of all insurers authorized to issue workers’ 1185 compensation and employer’s liability coverage in this state. 1186 Such bureau shall study the data, statistics, schedules, or 1187 other information as it may deem necessary to assist and advise 1188 the office in its review of filings made by or on behalf of 1189 workers’ compensation and employer’s liability insurers.The1190commission may adopt rules requiring all workers’ compensation1191and employer’s liability insurers to submit to the rating bureau1192any data, statistics, schedules, and other information deemed1193necessary to the rating bureau’s study and advisement.1194 Section 95. Section 627.212, Florida Statutes, is amended 1195 to read: 1196 627.212 Workplace safety program surcharge.—The office 1197 shall approve a rating plan for workers’ compensation coverage 1198 insurance that provides for carriers voluntarily to impose a 1199 surcharge of no more than 10 percent on the premium of a 1200 policyholder or fund member if that policyholder or fund member 1201 has been identified by the department as having been required to 1202 implement a safety program and having failed to establish or 1203 maintain, either in whole or in part, a safety program.The1204department shall adopt rules prescribing the criteria for the1205employee safety programs.1206 Section 96. Section 627.793, Florida Statutes, is repealed. 1207 Section 97. Subsection (3) of section 627.917, Florida 1208 Statutes, is amended to read: 1209 627.917 Uniform risk classification reporting system for 1210 motor vehicle insurance.— 1211(3) The commission may adopt rules to require each insurer1212to report its loss and expense experience by classification, in1213such detail and as often as may be necessary to aid the office1214in determining the reasonableness of rates, the validity of loss1215projections, and the validity of the risk classification system.1216 Section 98. Subsection (8) of section 633.445, Florida 1217 Statutes, is amended to read: 1218 633.445 State Fire Marshal Scholarship Grant Program.— 1219(8) The department may adopt rules to implement this1220section, including rules detailing the eligibility standards and1221an approval rating system which are based on financial need,1222need for additional certified firefighters from the applicant’s1223community, and the applicant’s employment record.1224 Section 99. Section 634.289, Florida Statutes, is repealed. 1225 Section 100. Subsection (7) of section 641.316, Florida 1226 Statutes, is amended to read: 1227 641.316 Fiscal intermediary services.— 1228(7) The commission shall adopt rules necessary to1229administer this section.1230 Section 101. Subsection (6) of section 655.922, Florida 1231 Statutes, is amended to read: 1232 655.922 Banking business by unauthorized persons; use of 1233 name.— 1234(6) The commission shall adopt rules to administer this1235section.1236 Section 102. Subsection (6) of section 658.995, Florida 1237 Statutes, is amended to read: 1238 658.995 Credit Card Bank Act.— 1239(6) The commission may adopt rules implementing the1240provisions of this section.1241 Section 103. Section 663.319, Florida Statutes, is 1242 repealed. 1243 Section 104. Subsection (12) of section 668.704, Florida 1244 Statutes, is amended to read: 1245 668.704 Remedies.— 1246(12) The Department of Legal Affairs may adopt rules1247pursuant to ss.120.536(1) and120.54to implement the1248provisions of this part.1249 Section 105. Paragraph (c) of subsection (11) and paragraph 1250 (g) of subsection (13) of section 713.78, Florida Statutes, are 1251 amended to read: 1252 713.78 Liens for recovering, towing, or storing vehicles 1253 and vessels.— 1254 (11) 1255(c) The Department of Highway Safety and Motor Vehicles may1256adopt such rules as it deems necessary or proper for the1257administration of this subsection.1258 (13) 1259(g) The Department of Highway Safety and Motor Vehicles may1260adopt rules pursuant to ss.120.536(1) and120.54to implement1261this subsection.1262 Section 106. Paragraph (c) of subsection (7) and paragraph 1263 (f) of subsection (8) of section 713.785, Florida Statutes, are 1264 amended to read: 1265 713.785 Liens for recovering, towing, or storing mobile 1266 homes.— 1267 (7) 1268(c) The Department of Highway Safety and Motor Vehicles may1269adopt rules to administer this subsection.1270 (8) 1271(f) The Department of Highway Safety and Motor Vehicles may1272adopt rules to administer this subsection.1273 Section 107. Subsection (4) of section 744.7021, Florida 1274 Statutes, is amended to read: 1275 744.7021 Statewide Public Guardianship Office.—There is 1276 hereby created the Statewide Public Guardianship Office within 1277 the Department of Elderly Affairs. 1278(4) The Department of Elderly Affairs has authority to1279adopt rules pursuant to ss.120.536(1) and120.54to carry out1280the provisions of this section.1281 Section 108. Subsection (7) of section 744.713, Florida 1282 Statutes, is amended to read: 1283 744.713 Program administration; duties of the Statewide 1284 Public Guardianship Office.—The Statewide Public Guardianship 1285 Office shall administer the grant program. The office shall: 1286(7) Adopt rules as necessary to administer the grant1287program and this act.1288 Section 109. Section 766.304, Florida Statutes, is amended 1289 to read: 1290 766.304 Administrative law judge to determine claims.—The 1291 administrative law judge shall hear and determine all claims 1292 filed pursuant to ss. 766.301-766.316 and shall exercise the 1293 full power and authority granted to her or him in chapter 120, 1294 as necessary, to carry out the purposes of such sections. The 1295 administrative law judge has exclusive jurisdiction to determine 1296 whether a claim filed under this act is compensable. No civil 1297 action may be brought until the determinations under s. 766.309 1298 have been made by the administrative law judge. If the 1299 administrative law judge determines that the claimant is 1300 entitled to compensation from the association, or if the 1301 claimant accepts an award issued under s. 766.31, no civil 1302 action may be brought or continued in violation of the 1303 exclusiveness of remedy provisions of s. 766.303. If it is 1304 determined that a claim filed under this act is not compensable, 1305 neither the doctrine of collateral estoppel nor res judicata 1306 shall prohibit the claimant from pursuing any and all civil 1307 remedies available under common law and statutory law. The 1308 findings of fact and conclusions of law of the administrative 1309 law judge shall not be admissible in any subsequent proceeding; 1310 however, the sworn testimony of any person and the exhibits 1311 introduced into evidence in the administrative case are 1312 admissible as impeachment in any subsequent civil action only 1313 against a party to the administrative proceeding, subject to the 1314 Rules of Evidence. An award may not be made or paid under ss. 1315 766.301-766.316 if the claimant recovers under a settlement or a 1316 final judgment is entered in a civil action.The division may1317adopt rules to promote the efficient administration of, and to1318minimize the cost associated with, the prosecution of claims.1319 Section 110. Subsection (10) of section 865.09, Florida 1320 Statutes, is amended to read: 1321 865.09 Fictitious name registration.— 1322 (10) POWERS OF DEPARTMENT.—The Department of State is 1323 granted the power reasonably necessary to enable it to 1324 administer this section efficiently, to perform the duties 1325 herein imposed upon it, and to adopt reasonable rules necessary1326to carry out its duties and functions under this section. 1327 Section 111. Subsection (3) of section 943.0543, Florida 1328 Statutes, is amended to read: 1329 943.0543 National Crime Prevention and Privacy Compact; 1330 ratification and implementation.— 1331 (3) The executive director of the department, or the 1332 director’s designee, is the state’s compact officer and shall 1333 administer the compact within the state. The department may 1334adopt rules andestablish procedures for the cooperative 1335 exchange of criminal history records between the state and 1336 Federal Government for use in noncriminal justice cases. 1337 Section 112. Subsection (6) of section 943.0544, Florida 1338 Statutes, is amended to read: 1339 943.0544 Criminal justice information network and 1340 information management.— 1341 (6)The department may adopt rules to administer this1342section.Except as otherwise specified in this section, this 1343 section does not alter or limit the powers and duties of the 1344 department established under this chapter. 1345 Section 113. Subsection (8) of section 944.095, Florida 1346 Statutes, is amended to read: 1347 944.095 Siting of additional correctional facilities; 1348 procedure.— 1349(8) The Governor and Cabinet may adopt rules of procedure1350to govern these proceedings in accordance with the provisions of1351s.120.54.1352 Section 114. Subsection (2) of section 945.73, Florida 1353 Statutes, is amended to read: 1354 945.73 Inmate training program operation.— 1355 (2)The department shall adopt rules establishing criteria1356for placement in the training program and providing the1357requirements for successful completion of the program.Only 1358 inmates eligible for control release pursuant to s. 947.146 1359 shall be permitted to participate in the training program.The1360rules shall further define the structured disciplinary program1361and allow for restrictions on general inmate population1362privileges.1363 Section 115. Subsection (5) of section 946.525, Florida 1364 Statutes, is amended to read: 1365 946.525 Participation by the corporation in the state group 1366 health insurance and prescription drug programs.— 1367(5) The Department of Management Services may adopt rules1368necessary to administer this section.1369 Section 116. Subsection (1) of section 949.08, Florida 1370 Statutes, is amended to read: 1371 949.08 Department of Corrections may expend fundsto enact1372rules and regulationsrelating to compacts; limitation on 1373 assessments.— 1374 (1) The Department of Corrections mayadopt rules and1375 expend funds as necessary to carry out the terms, conditions, 1376 and intents of a compact entered into by the state pursuant to 1377 s. 949.07. 1378 Section 117. Section 984.05, Florida Statutes, is repealed. 1379 Section 118. Subsections (6) and (7) of section 985.66, 1380 Florida Statutes, are amended to read: 1381 985.66 Juvenile justice training academies; staff 1382 development and training; Juvenile Justice Training Trust Fund.— 1383 (6) SCHOLARSHIPS AND STIPENDS.— 1384(a) By rule,The department shall establish criteria to 1385 award scholarships or stipends to qualified juvenile justice 1386 personnel who are residents of the state who want to pursue a 1387 bachelor’s or associate in arts degree in juvenile justice or a 1388 related field. The department shall handle the administration of 1389 the scholarship or stipend. The Department of Education shall 1390 handle the notes issued for the payment of the scholarships or 1391 stipends. All scholarship and stipend awards shall be paid from 1392 the Juvenile Justice Training Trust Fund upon vouchers approved 1393 by the Department of Education and properly certified by the 1394 Chief Financial Officer. Prior to the award of a scholarship or 1395 stipend, the juvenile justice employee must agree in writing to 1396 practice her or his profession in juvenile justice or a related 1397 field for 1 month for each month of grant or to repay the full 1398 amount of the scholarship or stipend together with interest at 1399 the rate of 5 percent per annum over a period not to exceed 10 1400 years. Repayment shall be made payable to the state for deposit 1401 into the Juvenile Justice Training Trust Fund. 1402(b) The department may establish the scholarship program by1403rule.1404(7) ADOPTION OF RULES.—The department shall adopt rules as1405necessary to carry out the provisions of this section.1406 Section 119. Subsections (4) and (5) of section 1011.48, 1407 Florida Statutes, are amended to read: 1408 1011.48 Establishment of educational research centers for 1409 child development.— 1410 (4)The Board of Governors may adopt rules for the1411establishment, operation, and supervision of educational1412research centers for child development. Such rules shall1413include, but need not be limited to: a defined method of1414establishment of and participation in the operation of centers1415by the appropriate student government associations; guidelines1416for the establishment of an intern program in each center; and1417guidelines for the receipt and monitoring of funds from grants1418and other sources of funds consistent with existing laws.1419(5)Each educational research center for child development 1420 shall be funded by a portion of the Capital Improvement Trust 1421 Fund fee established by the Board of Governors pursuant to s. 1422 1009.24(8). Each university that establishes a center shall 1423 receive a portion of such fees collected from the students 1424 enrolled at that university, usable only at that university, 1425 equal to 22.5 cents per student per credit hour taken per term, 1426 based on the summer term and fall and spring semesters. This 1427 allocation shall be used by the university only for the 1428 establishment and operation of a center as provided by this 1429 sectionand rules adopted hereunder. Said allocation may be made 1430 only after all bond obligations required to be paid from such 1431 fees have been met. 1432 Section 120. Subsection (7) of section 1011.51, Florida 1433 Statutes, is amended to read: 1434 1011.51 Independent postsecondary endowment grants.— 1435(7) The State Board of Education shall adopt rules1436necessary to implement this section.1437 Section 121. Subsection (1) of section 1011.765, Florida 1438 Statutes, is amended to read: 1439 1011.765 Florida Academic Improvement Trust Fund matching 1440 grants.— 1441 (1) MATCHING GRANTS.—The Florida Academic Improvement Trust 1442 Fund shall be utilized to provide matching grants to the Florida 1443 School for the Deaf and the Blind Endowment Fund and to any 1444 public school district education foundation that meets the 1445 requirements of this section and is recognized by the local 1446 school district as its designated K-12 education foundation. 1447(a) The State Board of Education shall adopt rules for the1448administration, submission, documentation, evaluation, and1449approval of requests for matching funds and for maintaining1450accountability for matching funds.1451(b)Donations, state matching funds, or proceeds from 1452 endowments established pursuant to this section shall be used at 1453 the discretion of the public school district education 1454 foundation or the Florida School for the Deaf and the Blind for 1455 academic achievement within the school district or school, and 1456 shall not be expended for the construction of facilities or for 1457 the support of interscholastic athletics. No public school 1458 district education foundation or the Florida School for the Deaf 1459 and the Blind shall accept or purchase facilities for which the 1460 state will be asked for operating funds unless the Legislature 1461 has granted prior approval for such acquisition. 1462 Section 122. Paragraph (a) of subsection (7) of section 1463 1012.467, Florida Statutes, is amended to read: 1464 1012.467 Noninstructional contractors who are permitted 1465 access to school grounds when students are present; background 1466 screening requirements.— 1467 (7)(a) The Department of Law Enforcement shall implement a 1468 system that allows for the results of a criminal history check 1469 provided to a school district to be shared with other school 1470 districts through a secure Internet website or other secure 1471 electronic means.The Department of Law Enforcement may adopt1472rules under ss.120.536(1) and120.54to implement this1473paragraph.School districts must accept reciprocity of level 2 1474 screenings for Florida High School Athletic Association 1475 officials. 1476 Section 123. Subsection (2) of section 1012.965, Florida 1477 Statutes, is amended to read: 1478 1012.965 Payment of costs of civil action against 1479 employees.— 1480 (2) All faculty physicians employed by a university board 1481 of trustees who are subject to the requirements of s. 456.013 1482 shall complete their risk management continuing education on 1483 issues specific to academic medicine. Such continuing education 1484 shall include instruction for the supervision of resident 1485 physicians as required by the Accreditation Council for Graduate 1486 Medical Education.The boards described in s.456.013shall1487adopt rules to implement the provisions of this subsection.1488 Section 124. Paragraph (z) of subsection (8) of section 1489 213.053, Florida Statutes, is amended to read: 1490 213.053 Confidentiality and information sharing.— 1491 (8) Notwithstanding any other provision of this section, 1492 the department may provide: 1493 (z) Information relative to s. 215.61(5)215.61(6)to the 1494 State Board of Education, the Division of Bond Finance, and the 1495 Office of Economic and Demographic Research. 1496 1497 Disclosure of information under this subsection shall be 1498 pursuant to a written agreement between the executive director 1499 and the agency. Such agencies, governmental or nongovernmental, 1500 shall be bound by the same requirements of confidentiality as 1501 the Department of Revenue. Breach of confidentiality is a 1502 misdemeanor of the first degree, punishable as provided by s. 1503 775.082 or s. 775.083. 1504 Section 125. Paragraph (b) of subsection (3) of section 1505 400.518, Florida Statutes, is amended to read: 1506 400.518 Prohibited referrals to home health agencies.— 1507 (3) 1508 (b) A physician who violates this section is subject to 1509 disciplinary action by the appropriate board under s. 458.331(2) 1510 or s. 459.015(2). A hospital or ambulatory surgical center that 1511 violates this section is subject tothe rules adopted by the1512agency unders. 395.0185(2). 1513 Section 126. Paragraph (b) of subsection (3) of section 1514 556.116, Florida Statutes, is amended to read: 1515 556.116 High-priority subsurface installations; special 1516 procedures.— 1517 (3) 1518 (b) Upon receipt of an allegation that an incident has 1519 occurred, the system shall transmit an incident report to the 1520 division and contract with the division so that the division may 1521 conduct a hearing to determine whether an incident has occurred, 1522 and, if so, whether a violation of s. 556.107(1)(a) was a 1523 proximate cause of the incident. The contract for services to be 1524 performed by the division must include provisions for the system 1525 to reimburse the division for any costs incurred by the division 1526 for court reporters, transcript preparation, travel, facility 1527 rental, and other customary hearing costs, in the manner set 1528 forth in s. 120.65(9)120.65(11). 1529 Section 127. Paragraph (b) of subsection (5) of section 1530 564.06, Florida Statutes, is amended to read: 1531 564.06 Excise taxes on wines and beverages.— 1532 (5) 1533 (b) All products however derived, distilled, mixed, or 1534 fermented and which contain less than 6 percent alcohol by 1535 volume which are taxed under this chapter shall be available for 1536 purchase and sale as provided in ss. 563.02 and,564.02, and1537564.04by any licensee holding a valid license to sell alcoholic 1538 beverages for consumption either on or off premises, and nothing 1539 contained in chapter 562, chapter 563, chapter 565, or this 1540 chapter shall be construed to prevent such sales. 1541 Section 128. Section 601.80, Florida Statutes, is amended 1542 to read: 1543 601.80 Unlawful to use uncertified coloring matter.—It is 1544 unlawful for any person to use on oranges or citrus hybrids any 1545 coloring matter which has not first received the approval of the 1546 Department of Agriculture as providedby rule adoptedunder s. 1547 601.76. 1548 Reviser’s note.—Amends or repeals provisions of the Florida 1549 Statutes pursuant to the directive of the Legislature in s. 1550 9, ch. 2012-116, Laws of Florida, to prepare a reviser’s 1551 bill to omit all statutes and laws, or parts thereof, which 1552 grant duplicative, redundant, or unused rulemaking 1553 authority. 1554 Section 129. This act shall take effect on the 60th day 1555 after adjournment sine die of the session of the Legislature in 1556 which enacted.