ENROLLED
       2017 Legislature                                   CS for SB 504
       
       
       
       
       
       
                                                              2017504er
    1  
    2         An act relating to the Florida Statutes; repealing ss.
    3         212.08(7)(hhh), 216.292(8), 322.1415, 388.261(4)(b),
    4         400.9986, 403.1832(2), 409.912(1), (3), and (7), and
    5         720.303(13), F.S., amending ss. 20.435 and 320.08058,
    6         F.S., to delete provisions which have become
    7         inoperative by noncurrent repeal or expiration and,
    8         pursuant to s. 11.242(5)(b) and (i), F.S., may be
    9         omitted from the 2017 Florida Statutes only through a
   10         reviser’s bill duly enacted by the Legislature;
   11         amending ss. 213.053, 220.192, 322.21, 377.703,
   12         409.91195, 409.91196, 409.962, 641.19, and 641.386,
   13         F.S., to conform cross-references; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (a) of subsection (4) of section
   19  20.435, Florida Statutes, is amended to read:
   20         20.435 Department of Health; trust funds.—The following
   21  trust funds shall be administered by the Department of Health:
   22         (4) Medical Quality Assurance Trust Fund.
   23         (a)1. Funds to be credited to the trust fund shall consist
   24  of fees and fines related to the licensing of health care
   25  professionals. Funds shall be used for the purpose of providing
   26  administrative support for the regulation of health care
   27  professionals and for other such purposes as may be appropriate
   28  and shall be expended only pursuant to legislative appropriation
   29  or an approved amendment to the department’s operating budget
   30  pursuant to the provisions of chapter 216.
   31         2. For the 2015-2016 fiscal year, the uses authorized under
   32  subparagraph 1. include the provision of health care services to
   33  department clients. This subparagraph expires July 1, 2016.
   34         Reviser’s note.—Amended to delete subparagraph 2. to conform to
   35         the expiration of that subparagraph pursuant to its own
   36         terms, effective July 1, 2016.
   37         Section 2. Paragraph (hhh) of subsection (7) of section
   38  212.08, Florida Statutes, is repealed.
   39         Reviser’s note.—The cited paragraph, which relates to a sales
   40         tax exemption for equipment, machinery, and other materials
   41         for renewable energy technologies, expired pursuant to its
   42         own terms, effective July 1, 2016.
   43         Section 3. Subsection (8) of section 216.292, Florida
   44  Statutes, is repealed.
   45         Reviser’s note.—The cited subsection, which authorizes transfer,
   46         for the 2015-2016 fiscal year only, of up to $2.5 million
   47         of recurring funds from the Working Capital Trust Fund
   48         within the Agency for State Technology between
   49         appropriations categories for operations to realign funds
   50         to begin migration of cloud-ready applications at the State
   51         Data Center to a cloud solution that complies with all
   52         applicable federal and state security and privacy
   53         requirements, expired pursuant to its own terms, effective
   54         July 1, 2016.
   55         Section 4. Paragraph (b) of subsection (69) of section
   56  320.08058, Florida Statutes, is amended to read:
   57         320.08058 Specialty license plates.—
   58         (69) ST. JOHNS RIVER LICENSE PLATES.—
   59         (b) The requirements of s. 320.08053 must be met prior to
   60  the issuance of the plate. Thereafter, the license plate annual
   61  use fees shall be distributed to the St. Johns River Alliance,
   62  Inc., a s. 501(c)(3) nonprofit organization, which shall
   63  administer the fees as follows:
   64         1. The St. Johns River Alliance, Inc., shall retain the
   65  first $60,000 of the annual use fees as direct reimbursement for
   66  administrative costs, startup costs, and costs incurred in the
   67  development and approval process. Thereafter, up to 10 percent
   68  of the annual use fee revenue may be used for administrative
   69  costs directly associated with education programs, conservation,
   70  research, and grant administration of the organization, and up
   71  to 10 percent may be used for promotion and marketing of the
   72  specialty license plate.
   73         2. At least 30 percent of the fees shall be available for
   74  competitive grants for targeted community-based or county-based
   75  research or projects for which state funding is limited or not
   76  currently available. The remaining 50 percent shall be directed
   77  toward community outreach and access programs. The competitive
   78  grants shall be administered and approved by the board of
   79  directors of the St. Johns River Alliance, Inc. A grant advisory
   80  committee shall be composed of six members chosen by the St.
   81  Johns River Alliance board members.
   82         3. Any remaining funds shall be distributed with the
   83  approval of and accountability to the board of directors of the
   84  St. Johns River Alliance, Inc., and shall be used to support
   85  activities contributing to education, outreach, and springs
   86  conservation.
   87         4. Effective July 1, 2014, the St. Johns River license
   88  plate will shift into the presale voucher phase, as provided in
   89  s. 320.08053(2)(b). The St. Johns River Alliance, Inc., shall
   90  have 24 months to record a minimum of 1,000 sales of the license
   91  plates. Sales include existing active plates and vouchers sold
   92  subsequent to July 1, 2014. During the voucher period, new
   93  plates may not be issued, but existing plates may be renewed.
   94  If, at the conclusion of the 24-month presale period, the
   95  requirement of a minimum of 1,000 sales has been met, the
   96  department shall resume normal distribution of the St. Johns
   97  River specialty plate. If, after 24 months, the minimum of 1,000
   98  sales has not been met, the department shall discontinue the
   99  development and issuance of the plate. This subparagraph is
  100  repealed June 30, 2016.
  101         Reviser’s note.—Amended to delete subparagraph (69)(b)4. to
  102         conform to the repeal of that subparagraph pursuant to its
  103         own terms, effective June 30, 2016.
  104         Section 5. Section 322.1415, Florida Statutes, is repealed.
  105         Reviser’s note.—The cited section, which relates to a specialty
  106         driver license and identification card program, was
  107         repealed pursuant to its own terms, effective August 31,
  108         2016.
  109         Section 6. Paragraph (b) of subsection (4) of section
  110  388.261, Florida Statutes, is repealed.
  111         Reviser’s note.—The cited paragraph, which authorizes up to 40
  112         percent of the annual funds appropriated to local
  113         governments for arthropod control to be used for arthropod
  114         control research or demonstration projects for the 2015
  115         2016 fiscal year only, expired pursuant to its own terms,
  116         effective July 1, 2016.
  117         Section 7. Section 400.9986, Florida Statutes, is repealed.
  118         Reviser’s note.—The cited section, which relates to transitional
  119         living facilities, was repealed by s. 3, ch. 2015-25, Laws
  120         of Florida, effective July 1, 2016. Since the section was
  121         not repealed by a “current session” of the Legislature, it
  122         may be omitted from the 2017 Florida Statutes only through
  123         a reviser’s bill duly enacted by the Legislature. See s.
  124         11.242(5)(b) and (i).
  125         Section 8. Subsection (2) of section 403.1832, Florida
  126  Statutes, is repealed.
  127         Reviser’s note.—The cited subsection, which relates to transfer
  128         of all outstanding appropriations supported by federal
  129         grants to the Federal Grants Trust Fund, expired pursuant
  130         to its own terms, effective July 1, 2016.
  131         Section 9. Subsections (1), (3), and (7) of section
  132  409.912, Florida Statutes, are repealed.
  133         Reviser’s note.—The cited subsections, which relate to
  134         interagency agreements, agency application for waivers of
  135         federal law and regulations to implement more appropriate
  136         systems of health care for Medicaid recipients, and
  137         establishment of a health care quality improvement system,
  138         respectively, expired pursuant to their own terms,
  139         effective October 1, 2016.
  140         Section 10. Subsection (13) of section 720.303, Florida
  141  Statutes, is repealed.
  142         Reviser’s note.—The cited subsection, which relates to
  143         association reporting requirements, expired pursuant to its
  144         own terms, effective July 1, 2016.
  145         Section 11. Paragraph (v) of subsection (8) of section
  146  213.053, Florida Statutes, is amended to read:
  147         213.053 Confidentiality and information sharing.—
  148         (8) Notwithstanding any other provision of this section,
  149  the department may provide:
  150         (v) Information relative to ss. 212.08(7)(hhh), 220.192,
  151  and 220.193 to the Department of Agriculture and Consumer
  152  Services for use in the conduct of its official business.
  153  
  154  Disclosure of information under this subsection shall be
  155  pursuant to a written agreement between the executive director
  156  and the agency. Such agencies, governmental or nongovernmental,
  157  shall be bound by the same requirements of confidentiality as
  158  the Department of Revenue. Breach of confidentiality is a
  159  misdemeanor of the first degree, punishable as provided by s.
  160  775.082 or s. 775.083.
  161         Reviser’s note.—Amended to conform to the repeal of s.
  162         212.08(7)(hhh) by this act to ratify the expiration of that
  163         paragraph pursuant to its own terms, effective July 1,
  164         2016.
  165         Section 12. Paragraphs (a) and (d) of subsection (1) of
  166  section 220.192, Florida Statutes, are amended to read:
  167         220.192 Renewable energy technologies investment tax
  168  credit.—
  169         (1) DEFINITIONS.—For purposes of this section, the term:
  170         (a) “Biodiesel” means biodiesel as defined in former s.
  171  212.08(7)(hhh), Florida Statutes 2016.
  172         (d) “Ethanol” means ethanol as defined in former s.
  173  212.08(7)(hhh), Florida Statutes 2016.
  174         Reviser’s note.—Amended to conform to the repeal of s.
  175         212.08(7)(hhh) by this act to ratify the expiration of that
  176         paragraph pursuant to its own terms, effective July 1,
  177         2016.
  178         Section 13. Paragraph (n) of subsection (2) of section
  179  377.703, Florida Statutes, is amended to read:
  180         377.703 Additional functions of the Department of
  181  Agriculture and Consumer Services.—
  182         (2) DUTIES.—The department shall perform the following
  183  functions, unless as otherwise provided, consistent with the
  184  development of a state energy policy:
  185         (n) On an annual basis, the department shall prepare an
  186  assessment of the utilization of the tax exemption authorized in
  187  s. 212.08(7)(hhh), the renewable energy technologies investment
  188  tax credit authorized in s. 220.192, and the renewable energy
  189  production credit authorized in s. 220.193, which the department
  190  shall submit to the President of the Senate, the Speaker of the
  191  House of Representatives, and the Executive Office of the
  192  Governor by February 1 of each year. The assessment shall
  193  include, at a minimum, the following information:
  194         1. For the tax exemption authorized in s. 212.08(7)(hhh):
  195         a. The name of each taxpayer receiving an exemption under
  196  this section;
  197         b. The amount of the exemption received by each taxpayer;
  198  and
  199         c. The type and description of each eligible item for which
  200  each taxpayer is applying.
  201         2. For the renewable energy technologies investment tax
  202  credit authorized in s. 220.192:
  203         a. The name of each taxpayer receiving an allocation under
  204  this section;
  205         b. The amount of the credits allocated for that fiscal year
  206  for each taxpayer; and
  207         c. The type of technology and a description of each
  208  investment for which each taxpayer receives an allocation.
  209         2.3. For the renewable energy production credit authorized
  210  in s. 220.193:
  211         a. The name of each taxpayer receiving an allocation under
  212  this section;
  213         b. The amount of credits allocated for that fiscal year for
  214  each taxpayer;
  215         c. The type and amount of renewable energy produced and
  216  sold, whether the facility producing that energy is a new or
  217  expanded facility, and the approximate date on which production
  218  began; and
  219         d. The aggregate amount of credits allocated for all
  220  taxpayers claiming credits under this section for the fiscal
  221  year.
  222         Reviser’s note.—Amended to conform to the repeal of s.
  223         212.08(7)(hhh) by this act to ratify the expiration of that
  224         paragraph pursuant to its own terms, effective July 1,
  225         2016.
  226         Section 14. Paragraph (i) of subsection (1) of section
  227  322.21, Florida Statutes, is amended to read:
  228         322.21 License fees; procedure for handling and collecting
  229  fees.—
  230         (1) Except as otherwise provided herein, the fee for:
  231         (i) The specialty driver license or identification card
  232  issued pursuant to s. 322.1415 is $25, which is in addition to
  233  other fees required in this section. The fee shall be
  234  distributed as follows:
  235         1. Fifty percent shall be distributed as provided in s.
  236  320.08058 to the appropriate state or independent university,
  237  professional sports team, or branch of the United States Armed
  238  Forces.
  239         2. Fifty percent shall be distributed to the department for
  240  costs directly related to the specialty driver license and
  241  identification card program and to defray the costs associated
  242  with production enhancements and distribution.
  243         Reviser’s note.—Amended to conform to the repeal of s. 322.1415
  244         by this act to ratify the repeal of that section by its own
  245         terms, effective August 31, 2016.
  246         Section 15. Subsection (4) of section 409.91195, Florida
  247  Statutes, is amended to read:
  248         409.91195 Medicaid Pharmaceutical and Therapeutics
  249  Committee.—There is created a Medicaid Pharmaceutical and
  250  Therapeutics Committee within the agency for the purpose of
  251  developing a Medicaid preferred drug list.
  252         (4) Upon recommendation of the committee, the agency shall
  253  adopt a preferred drug list as described in s. 409.912(5)
  254  409.912(8). To the extent feasible, the committee shall review
  255  all drug classes included on the preferred drug list every 12
  256  months, and may recommend additions to and deletions from the
  257  preferred drug list, such that the preferred drug list provides
  258  for medically appropriate drug therapies for Medicaid patients
  259  which achieve cost savings contained in the General
  260  Appropriations Act.
  261         Reviser’s note.—Amended to conform to the repeal of s.
  262         409.912(1), (3), and (7) by this act to ratify the
  263         expiration of subsections (1), (3), and (7) pursuant to
  264         their own terms, effective October 1, 2016.
  265         Section 16. Subsection (1) of section 409.91196, Florida
  266  Statutes, is amended to read:
  267         409.91196 Supplemental rebate agreements; public records
  268  and public meetings exemption.—
  269         (1) The rebate amount, percent of rebate, manufacturer’s
  270  pricing, and supplemental rebate, and other trade secrets as
  271  defined in s. 688.002 that the agency has identified for use in
  272  negotiations, held by the Agency for Health Care Administration
  273  under s. 409.912(5)(a)7. 409.912(8)(a)7. are confidential and
  274  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  275  Constitution.
  276         Reviser’s note.—Amended to conform to the repeal of s.
  277         409.912(1), (3), and (7) by this act to ratify the
  278         expiration of subsections (1), (3), and (7) pursuant to
  279         their own terms, effective October 1, 2016.
  280         Section 17. Subsections (1), (7), (13), and (14) of section
  281  409.962, Florida Statutes, are amended to read:
  282         409.962 Definitions.—As used in this part, except as
  283  otherwise specifically provided, the term:
  284         (1) “Accountable care organization” means an entity
  285  qualified as an accountable care organization in accordance with
  286  federal regulations, and which meets the requirements of a
  287  provider service network as described in s. 409.912(1)
  288  409.912(2).
  289         (7) “Eligible plan” means a health insurer authorized under
  290  chapter 624, an exclusive provider organization authorized under
  291  chapter 627, a health maintenance organization authorized under
  292  chapter 641, or a provider service network authorized under s.
  293  409.912(1) 409.912(2) or an accountable care organization
  294  authorized under federal law. For purposes of the managed
  295  medical assistance program, the term also includes the
  296  Children’s Medical Services Network authorized under chapter 391
  297  and entities qualified under 42 C.F.R. part 422 as Medicare
  298  Advantage Preferred Provider Organizations, Medicare Advantage
  299  Provider-sponsored Organizations, Medicare Advantage Health
  300  Maintenance Organizations, Medicare Advantage Coordinated Care
  301  Plans, and Medicare Advantage Special Needs Plans, and the
  302  Program of All-inclusive Care for the Elderly.
  303         (13) “Prepaid plan” means a managed care plan that is
  304  licensed or certified as a risk-bearing entity, or qualified
  305  pursuant to s. 409.912(1) 409.912(2), in the state and is paid a
  306  prospective per-member, per-month payment by the agency.
  307         (14) “Provider service network” means an entity qualified
  308  pursuant to s. 409.912(1) 409.912(2) of which a controlling
  309  interest is owned by a health care provider, or group of
  310  affiliated providers, or a public agency or entity that delivers
  311  health services. Health care providers include Florida-licensed
  312  health care professionals or licensed health care facilities,
  313  federally qualified health care centers, and home health care
  314  agencies.
  315         Reviser’s note.—Amended to conform to the repeal of s.
  316         409.912(1) by this act to ratify the expiration of
  317         subsection (1) pursuant to its own terms, effective October
  318         1, 2016.
  319         Section 18. Subsection (22) of section 641.19, Florida
  320  Statutes, is amended to read:
  321         641.19 Definitions.—As used in this part, the term:
  322         (22) “Provider service network” means a network authorized
  323  under s. 409.912(1) 409.912(2), reimbursed on a prepaid basis,
  324  operated by a health care provider or group of affiliated health
  325  care providers, and which directly provides health care services
  326  under a Medicare, Medicaid, or Healthy Kids contract.
  327         Reviser’s note.—Amended to conform to the repeal of s.
  328         409.912(1) by this act to ratify the expiration of
  329         subsection (1) pursuant to its own terms, effective October
  330         1, 2016.
  331         Section 19. Subsection (4) of section 641.386, Florida
  332  Statutes, is amended to read:
  333         641.386 Agent licensing and appointment required;
  334  exceptions.—
  335         (4) All agents and health maintenance organizations shall
  336  comply with and be subject to the applicable provisions of ss.
  337  641.309 and 409.912(3) 409.912(5), and all companies and
  338  entities appointing agents shall comply with s. 626.451, when
  339  marketing for any health maintenance organization licensed
  340  pursuant to this part, including those organizations under
  341  contract with the Agency for Health Care Administration to
  342  provide health care services to Medicaid recipients or any
  343  private entity providing health care services to Medicaid
  344  recipients pursuant to a prepaid health plan contract with the
  345  Agency for Health Care Administration.
  346         Reviser’s note.—Amended to conform to the repeal of s.
  347         409.912(1) and (3) by this act to ratify the expiration of
  348         subsections (1) and (3) pursuant to their own terms,
  349         effective October 1, 2016.
  350         Section 20. This act shall take effect on the 60th day
  351  after adjournment sine die of the session of the Legislature in
  352  which enacted.