Bill Text: FL S1040 | 2021 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Duties of the Attorney General

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2021-06-23 - Chapter No. 2021-131 [S1040 Detail]

Download: Florida-2021-S1040-Comm_Sub.html
       Florida Senate - 2021                             CS for SB 1040
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Brodeur
       
       
       
       
       585-02678-21                                          20211040c1
    1                        A bill to be entitled                      
    2         An act relating to duties of the Attorney General;
    3         repealing s. 16.10, F.S., relating to the receipt of
    4         Supreme Court decisions by the Attorney General;
    5         repealing s. 16.101, F.S., relating to the Supreme
    6         Court reporter; amending s. 163.503, F.S.; revising
    7         the definition of “department” to conform to changes
    8         made by the act; amending s. 163.504, F.S.; deleting
    9         provisions relating to the Safe Neighborhoods Program;
   10         amending ss. 163.5055, 163.506, 163.508, and 163.511,
   11         F.S.; relieving the Department of Legal Affairs from
   12         certain duties associated with specified neighborhood
   13         improvement districts; repealing s. 163.517, F.S.,
   14         relating to the Safe Neighborhoods Program; repealing
   15         s. 163.519, F.S., relating to the duties of the
   16         Department of Legal Affairs; repealing s. 163.521,
   17         F.S., relating to funding of neighborhood improvement
   18         districts inside enterprise zones; repealing s.
   19         163.5215, F.S., relating to the construction of the
   20         Safe Neighborhoods Act; repealing s. 163.522, F.S.,
   21         relating to state redevelopment programs; repealing s.
   22         163.523, F.S., relating to the cooperation and
   23         involvement of community organizations to create safe
   24         neighborhood districts; amending s. 163.524, F.S.;
   25         conforming a provision to changes made by the act;
   26         amending s. 215.22, F.S.; specifying that the Crimes
   27         Compensation Trust Fund is exempt from the service
   28         charge into the General Revenue Fund; amending s.
   29         376.84, F.S.; conforming a cross-reference; amending
   30         s. 402.181, F.S.; requiring certain claims for
   31         restitution to be filed with specified entities;
   32         removing the Department of Legal Affairs as an entity
   33         for such filings; authorizing the Department of
   34         Children and Families, the Department of Health, the
   35         Department of Juvenile Justice, the Department of
   36         Corrections, and the Agency for Persons with
   37         Disabilities to adopt rules to process specified
   38         claims; amending s. 501.160, F.S.; authorizing certain
   39         declarations during a state of emergency to be
   40         extended for specified days by executive order;
   41         amending ss. 775.083 and 812.173, F.S.; conforming a
   42         provision to changes made by the act; amending ss.
   43         812.174, 812.175, and 812.176, F.S.; revising
   44         provisions to require that the Department of Business
   45         and Professional Regulation, instead of the Attorney
   46         General, regulate convenience businesses; amending
   47         chapter 2019-127, Laws of Florida; extending the
   48         timeframe for the Attorney General to have access to
   49         records from the prescription drug monitoring program
   50         when ordered by a court under specified provisions;
   51         delaying the scheduled repeal of amendments until a
   52         specified date unless reviewed and saved from repeal
   53         through reenactment by the Legislature; amending s.
   54         960.21, F.S.; deleting a reference to the service
   55         charge provided for in ch. 215, F.S., to conform to
   56         changes made by the act; providing an effective date.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Section 16.10, Florida Statutes, is repealed.
   61         Section 2. Section 16.101, Florida Statutes, is repealed.
   62         Section 3. Subsection (3) of section 163.503, Florida
   63  Statutes, is amended to read:
   64         163.503 Definitions.—
   65         (3) “Department” means the Department of Economic
   66  Opportunity Legal Affairs.
   67         Section 4. Section 163.504, Florida Statutes, is amended to
   68  read:
   69         163.504 Safe neighborhood improvement districts; planning
   70  funds.—
   71         (1) The governing body of any municipality or county may
   72  authorize the formation of safe neighborhood improvement
   73  districts through the adoption of a planning ordinance which
   74  specifies that such districts may be created by one or more of
   75  the methods established in ss. 163.506, 163.508, 163.511, and
   76  163.512. No district may overlap the jurisdictional boundaries
   77  of a municipality and the unincorporated area of a county,
   78  except by interlocal agreement.
   79         (2)If the governing body of a municipality or county
   80  elects to create a safe neighborhood improvement district, it
   81  shall be eligible to request a grant from the Safe Neighborhoods
   82  Program, created pursuant to s. 163.517 and administered by the
   83  Department of Legal Affairs, to prepare a safe neighborhood
   84  improvement plan for the district.
   85         (3)Municipalities and counties may implement the
   86  provisions of this section without planning funds from the
   87  Department of Legal Affairs. However, nothing in this section
   88  shall be construed to exempt any district from the requirements
   89  of providing a safe neighborhood improvement plan pursuant to s.
   90  163.516.
   91         Section 5. Subsection (1) of section 163.5055, Florida
   92  Statutes, is amended to read:
   93         163.5055 Registration of district establishment; notice of
   94  dissolution.—
   95         (1)(a) Each neighborhood improvement district authorized
   96  and established under this part shall within 30 days thereof
   97  register with both the Department of Economic Opportunity and
   98  the Department of Legal Affairs by providing the department
   99  these departments with the district’s name, location, size, and
  100  type, and such other information as the department departments
  101  may require.
  102         (b) Each local governing body that authorizes the
  103  dissolution of a district shall notify both the Department of
  104  Economic Opportunity and the Department of Legal Affairs within
  105  30 days after the dissolution of the district.
  106         Section 6. Paragraph (h) of subsection (1) of section
  107  163.506, Florida Statutes, is amended to read:
  108         163.506 Local government neighborhood improvement
  109  districts; creation; advisory council; dissolution.—
  110         (1) After a local planning ordinance has been adopted
  111  authorizing the creation of local government neighborhood
  112  improvement districts, the local governing body of a
  113  municipality or county may create local government neighborhood
  114  improvement districts by the enactment of a separate ordinance
  115  for each district, which ordinance:
  116         (h) Requires the district to notify the Department of Legal
  117  Affairs and the Department of Economic Opportunity in writing of
  118  its establishment within 30 days thereof pursuant to s.
  119  163.5055.
  120         Section 7. Paragraph (g) of subsection (1) of section
  121  163.508, Florida Statutes, is amended to read:
  122         163.508 Property owners’ association neighborhood
  123  improvement districts; creation; powers and duties; duration.—
  124         (1) After a local planning ordinance has been adopted
  125  authorizing the creation of property owners’ association
  126  neighborhood improvement districts, the local governing body of
  127  a municipality or county may create property owners’ association
  128  neighborhood improvement districts by the enactment of a
  129  separate ordinance for each district, which ordinance:
  130         (g) Requires the district to notify the Department of Legal
  131  Affairs and the Department of Economic Opportunity in writing of
  132  its establishment within 30 days thereof pursuant to s.
  133  163.5055.
  134         Section 8. Paragraph (i) of subsection (1) of section
  135  163.511, Florida Statutes, is amended to read:
  136         163.511 Special neighborhood improvement districts;
  137  creation; referendum; board of directors; duration; extension.—
  138         (1) After a local planning ordinance has been adopted
  139  authorizing the creation of special neighborhood improvement
  140  districts, the governing body of a municipality or county may
  141  declare the need for and create special residential or business
  142  neighborhood improvement districts by the enactment of a
  143  separate ordinance for each district, which ordinance:
  144         (i) Requires the district to notify the Department of Legal
  145  Affairs and the Department of Economic Opportunity in writing of
  146  its establishment within 30 days thereof pursuant to s.
  147  163.5055.
  148         Section 9. Section 163.517, Florida Statutes, is repealed.
  149         Section 10. Section 163.519, Florida Statutes, is repealed.
  150         Section 11. Section 163.521, Florida Statutes, is repealed.
  151         Section 12. Section 163.5215, Florida Statutes, is
  152  repealed.
  153         Section 13. Section 163.522, Florida Statutes, is repealed.
  154         Section 14. Section 163.523, Florida Statutes, is repealed.
  155         Section 15. Subsection (5) of section 163.524, Florida
  156  Statutes, is amended to read:
  157         163.524 Neighborhood Preservation and Enhancement Program;
  158  participation; creation of Neighborhood Preservation and
  159  Enhancement Districts; creation of Neighborhood Councils and
  160  Neighborhood Enhancement Plans.—
  161         (5) The Neighborhood Council and local government planning
  162  agency shall be eligible to receive grants from the Safe
  163  Neighborhoods Program as provided in s. 163.517.
  164         Section 16. Paragraph (w) is added to subsection (1) of
  165  section 215.22, Florida Statutes, to read:
  166         215.22 Certain income and certain trust funds exempt.—
  167         (1) The following income of a revenue nature or the
  168  following trust funds shall be exempt from the appropriation
  169  required by s. 215.20(1):
  170         (w)The Crimes Compensation Trust Fund.
  171         Section 17. Paragraph (c) of subsection (1) of section
  172  376.84, Florida Statutes, is amended to read:
  173         376.84 Brownfield redevelopment economic incentives.—It is
  174  the intent of the Legislature that brownfield redevelopment
  175  activities be viewed as opportunities to significantly improve
  176  the utilization, general condition, and appearance of these
  177  sites. Different standards than those in place for new
  178  development, as allowed under current state and local laws,
  179  should be used to the fullest extent to encourage the
  180  redevelopment of a brownfield. State and local governments are
  181  encouraged to offer redevelopment incentives for this purpose,
  182  as an ongoing public investment in infrastructure and services,
  183  to help eliminate the public health and environmental hazards,
  184  and to promote the creation of jobs in these areas. Such
  185  incentives may include financial, regulatory, and technical
  186  assistance to persons and businesses involved in the
  187  redevelopment of the brownfield pursuant to this act.
  188         (1) Financial incentives and local incentives for
  189  redevelopment may include, but not be limited to:
  190         (c) Safe neighborhood improvement districts as provided in
  191  ss. 163.501-163.516 ss. 163.501-163.523.
  192         Section 18. Subsections (2) and (3) of section 402.181,
  193  Florida Statutes, are amended to read:
  194         402.181 State Institutions Claims Program.—
  195         (2) Claims for restitution may be filed with the Department
  196  of Children and Families, the Department of Health, the
  197  Department of Juvenile Justice, the Department of Corrections,
  198  or the Agency for Persons with Disabilities. The claim must be
  199  filed with the department or agency responsible for monitoring
  200  the person that caused the medical injury or the property damage
  201  Legal Affairs at its office in accordance with regulations
  202  prescribed by the Department of Legal Affairs. The departments
  203  and agencies Department of Legal Affairs shall have the full
  204  power and authority to approve or deny hear, investigate, and
  205  determine all questions in respect to such claims and may is
  206  authorized, within the limits of current appropriations, to pay
  207  individual claims up to $1,000 or, with respect to children in
  208  foster care and their families, individual claims up to $1,500.
  209  Claims in excess of these amounts shall continue to require
  210  legislative approval.
  211         (3)(a)The Department of Children and Families, the
  212  Department of Health, the Department of Juvenile Justice, the
  213  Department of Corrections, and the Agency for Persons with
  214  Disabilities shall adopt rules to process claims and to ensure
  215  that eligible claimants receive restitution within a reasonable
  216  time The Department of Legal Affairs shall make or cause to be
  217  made such investigations as it considers necessary in respect to
  218  such claims. Hearings shall be held in accordance with chapter
  219  120.
  220         (b)The Department of Legal Affairs shall work with the
  221  Department of Children and Families, the Department of Health,
  222  the Department of Juvenile Justice, the Department of
  223  Corrections, and the Agency for Persons with Disabilities to
  224  streamline the process of investigations, hearings, and
  225  determinations with respect to claims under this section, to
  226  ensure that eligible claimants receive restitution within a
  227  reasonable time.
  228         Section 19. Subsections (2) and (3) of section 501.160,
  229  Florida Statutes, are amended to read:
  230         501.160 Rental or sale of essential commodities during a
  231  declared state of emergency; prohibition against unconscionable
  232  prices.—
  233         (2) Upon a declaration of a state of emergency by the
  234  Governor, it is unlawful and a violation of s. 501.204 for a
  235  person or her or his agent or employee to rent or sell or offer
  236  to rent or sell at an unconscionable price within the area for
  237  which the state of emergency is declared:,
  238         (a) Any essential commodity including, but not limited to,
  239  supplies, services, provisions, or equipment that is necessary
  240  for consumption or use as a direct result of the emergency.
  241         (b)Any dwelling unit or self-storage facility that is
  242  necessary for habitation or use as a direct result of the
  243  emergency.
  244  
  245  This prohibition is effective not to exceed 60 days under the
  246  initial declared state of emergency as defined in s. 252.36(2)
  247  and may be extended an additional 60 days by an executive order
  248  issued by the Governor specifically referencing this section
  249  shall be renewed by statement in any subsequent renewals of the
  250  declared state of emergency by the Governor.
  251         (3)It is unlawful and a violation of s. 501.204 for any
  252  person to impose unconscionable prices for the rental or lease
  253  of any dwelling unit or self-storage facility during a period of
  254  declared state of emergency.
  255         Section 20. Subsection (2) of section 775.083, Florida
  256  Statutes, is amended to read:
  257         775.083 Fines.—
  258         (2) In addition to the fines set forth in subsection (1),
  259  court costs shall be assessed and collected in each instance a
  260  defendant pleads nolo contendere to, or is convicted of, or
  261  adjudicated delinquent for, a felony, a misdemeanor, or a
  262  criminal traffic offense under state law, or a violation of any
  263  municipal or county ordinance if the violation constitutes a
  264  misdemeanor under state law. The court costs imposed by this
  265  section shall be $50 for a felony and $20 for any other offense
  266  and shall be deposited by the clerk of the court into an
  267  appropriate county account for disbursement for the purposes
  268  provided in this subsection. A county shall account for the
  269  funds separately from other county funds as crime prevention
  270  funds. The county, in consultation with the sheriff, must expend
  271  such funds for crime prevention programs in the county,
  272  including safe neighborhood programs under ss. 163.501-163.523.
  273         Section 21. Subsections (3) and (5) of section 812.173,
  274  Florida Statutes, are amended to read:
  275         812.173 Convenience business security.—
  276         (3) Every convenience business shall be equipped with a
  277  silent alarm to law enforcement or a private security agency,
  278  unless application for an exemption is made to and granted by
  279  the Department of Business and Professional Regulation Attorney
  280  General. An application for exemption must be in writing and
  281  must be accompanied by an administrative fee of $25 for each
  282  store for which an exemption would apply.
  283         (5) For purposes of this section, any convenience business
  284  that by law implemented any of the security measures set forth
  285  in paragraphs (4)(a)-(e) and has maintained said measures as
  286  required by the Department of Business and Professional
  287  Regulation Legal Affairs without any occurrence or incidence of
  288  the crimes identified by subsection (4) for a period of no less
  289  than 24 months immediately preceding the filing of a notice of
  290  exemption, may file with the department a notice of exemption
  291  from these enhanced security measures. In no event shall this
  292  exemption be interpreted to preclude full compliance with the
  293  security measures set forth in subsection (4) should any
  294  occurrence or incidence of the crimes identified by subsection
  295  (4) cause subsection (4) to be statutorily applicable. As of
  296  July 1, 2021 the date this act becomes law, the Department of
  297  Business and Professional Regulation Legal Affairs will provide
  298  notice to any convenience business to which a subsection (4)
  299  incident has previously occurred. In no event shall the state or
  300  the Department of Business and Professional Regulation Legal
  301  Affairs incur any liability for the regulation and enforcement
  302  of this act.
  303         Section 22. Section 812.174, Florida Statutes, is amended
  304  to read:
  305         812.174 Training of employees.—The owner or principal
  306  operator of a convenience business or convenience businesses
  307  shall provide proper robbery deterrence and safety training by
  308  an approved curriculum to its retail employees within 60 days of
  309  employment. Existing retail employees shall receive training
  310  within 6 months of April 8, 1992. A proposed curriculum shall be
  311  submitted in writing to the Department of Business and
  312  Professional Regulation Attorney General with an administrative
  313  fee not to exceed $100. The Department of Business and
  314  Professional Regulation Attorney General shall review and
  315  approve or disapprove the curriculum in writing within 60 days
  316  after receipt. The state shall have no liability for approving
  317  or disapproving a training curriculum under this section.
  318  Approval shall be given to a curriculum which trains and
  319  familiarizes retail employees with the security principles,
  320  devices, and measures required by s. 812.173. Disapproval of a
  321  curriculum shall be subject to the provisions of chapter 120. No
  322  person shall be liable for ordinary negligence due to
  323  implementing an approved curriculum if the training was actually
  324  provided. A curriculum shall be submitted for reapproval
  325  biennially with an administrative fee not to exceed $100. Any
  326  curriculum approved by the Attorney General between since
  327  September 1990 and June 30, 2021, and any curriculum approved on
  328  or after July 1, 2021, by the Department of Business and
  329  Professional Regulation shall be subject to reapproval 2 years
  330  from the anniversary of initial approval and biennially
  331  thereafter.
  332         Section 23. Section 812.175, Florida Statutes, is amended
  333  to read:
  334         812.175 Enforcement; civil fine.—
  335         (1) The violation of any provision of this act by any owner
  336  or principal operator of a convenience business shall result in
  337  a notice of violation from the Department of Business and
  338  Professional Regulation Attorney General. Violators shall have
  339  30 days after receipt of the notice to provide proof of
  340  compliance to the Department of Business and Professional
  341  Regulation Attorney General’s office. If the violation continues
  342  after the 30-day period, the Department of Business and
  343  Professional Regulation Attorney General may impose a civil fine
  344  not to exceed $5,000. The Department of Business and
  345  Professional Regulation Attorney General has the authority to
  346  investigate any alleged violation and may compromise any alleged
  347  violation by accepting from the owner or principal operator an
  348  amount not to exceed $5,000. The Department of Business and
  349  Professional Regulation Attorney General may suspend the
  350  imposition of any fine conditioned upon terms the Department of
  351  Business and Professional Regulation Attorney General’s office
  352  in its discretion deems appropriate. Notices of violation and
  353  civil fines shall be subject to the provisions of chapter 120.
  354         (2) Moneys received by the Department of Business and
  355  Professional Regulation Attorney General pursuant to this act
  356  shall be deposited in the General Revenue Fund.
  357         (3) The Department of Business and Professional Regulation
  358  Attorney General is given full power and authority to petition
  359  for an injunction when it is determined that the health, safety,
  360  and public welfare is threatened by continued operation of a
  361  convenience business in violation of this act. In any action for
  362  injunction, the Department of Business and Professional
  363  Regulation Attorney General may seek a civil penalty not to
  364  exceed $5,000 per violation, plus attorney’s fees and costs.
  365         (4) The Department of Business and Professional Regulation
  366  Attorney General may enter into agreements with local
  367  governments to assist in the enforcement of ss. 812.1701
  368  812.175. Such agreements may include provision for reimbursement
  369  of investigative and enforcement costs incurred by such local
  370  governments.
  371         Section 24. Section 812.176, Florida Statutes, is amended
  372  to read:
  373         812.176 Rulemaking authority.—The Department of Business
  374  and Professional Regulation may Legal Affairs shall have the
  375  power to adopt rules pursuant to chapter 120 as necessary to
  376  implement the provisions of the Convenience Business Security
  377  Act. The security measures and training provisions of ss.
  378  812.173 and 812.174 shall meet the requirements of the
  379  department as set forth by rule.
  380         Section 25. Section 3 of chapter 2019-127, Laws of Florida,
  381  is amended to read:
  382         Section 3. The amendments to ss. 893.055 and 893.0551,
  383  Florida Statutes, made by this act shall stand repealed on June
  384  30, 2023 June 30, 2021, unless reviewed and saved from repeal
  385  through reenactment by the Legislature. If such amendments are
  386  not saved from repeal, the text of ss. 893.055 and 893.0551,
  387  Florida Statutes, shall revert to that in existence on June 30,
  388  2019, except that any amendments to such text other than by this
  389  act shall be preserved and continue to operate to the extent
  390  that such amendments are not dependent upon the portions of text
  391  which expire pursuant to this section.
  392         Section 26. Subsection (3) of section 960.21, Florida
  393  Statutes, is amended to read:
  394         960.21 Crimes Compensation Trust Fund.—
  395         (3) All administrative costs of this chapter and the
  396  service charge provided for in chapter 215 shall be paid out of
  397  moneys collected under pursuant to this chapter and deposited in
  398  the Crimes Compensation Trust Fund.
  399         Section 27. This act shall take effect June 30, 2021.

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