Florida Senate - 2018                                    SB 1344
       
       
                                                                       
       By Senator Benacquisto
       
       
       
       
       
       27-00782A-18                                          20181344__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; repealing ss.
    3         39.0011, 161.143(5)(e), 193.1552, 216.292(8), 218.417,
    4         218.418, 218.421, 218.422, 259.105(3)(m), 272.136(7),
    5         296.37(3), 322.03(1)(c), 327.4105, 328.76(1)(e) and
    6         (f), 339.135(4)(i) and (j) and (5)(b) and (c),
    7         375.075(4), 380.507(2)(h), 393.065(8), 403.7095(3),
    8         408.0436, 420.5087(10), 420.9072(10), 430.82,
    9         663.01(9), 663.041, 893.055(17), 1008.34(7), and
   10         1012.341, F.S., and amending ss. 212.08(7)(jjj) and
   11         394.462, F.S., to delete provisions which have become
   12         inoperative by noncurrent repeal or expiration and,
   13         pursuant to s. 11.242(5)(b) and (i), F.S., may be
   14         omitted from the 2018 Florida Statutes only through a
   15         reviser’s bill duly enacted by the Legislature;
   16         amending ss. 39.001, 409.1666, and 663.532, F.S., to
   17         conform cross-references; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 39.0011, Florida Statutes, is repealed.
   22         Reviser’s note.—The cited section, which authorizes
   23         establishment of a direct-support organization relating to
   24         promotion of adoption, support of adoptive families, and
   25         prevention of child abuse, abandonment, and neglect, was
   26         repealed pursuant to its own terms, effective October 1,
   27         2017.
   28         Section 2. Paragraph (e) of subsection (5) of section
   29  161.143, Florida Statutes, is repealed.
   30         Reviser’s note.—The cited paragraph, which relates to the amount
   31         allocated for inlet management funding for the 2016-2017
   32         fiscal year only, was repealed pursuant to its own terms,
   33         effective July 1, 2017.
   34         Section 3. Section 193.1552, Florida Statutes, is repealed.
   35         Reviser’s note.—The cited section, which relates to assessment
   36         of properties affected by imported or domestic drywall, was
   37         repealed pursuant to its own terms, effective July 1, 2017.
   38         Section 4. Paragraph (jjj) of subsection (7) of section
   39  212.08, Florida Statutes, is amended to read:
   40         212.08 Sales, rental, use, consumption, distribution, and
   41  storage tax; specified exemptions.—The sale at retail, the
   42  rental, the use, the consumption, the distribution, and the
   43  storage to be used or consumed in this state of the following
   44  are hereby specifically exempt from the tax imposed by this
   45  chapter.
   46         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   47  entity by this chapter do not inure to any transaction that is
   48  otherwise taxable under this chapter when payment is made by a
   49  representative or employee of the entity by any means,
   50  including, but not limited to, cash, check, or credit card, even
   51  when that representative or employee is subsequently reimbursed
   52  by the entity. In addition, exemptions provided to any entity by
   53  this subsection do not inure to any transaction that is
   54  otherwise taxable under this chapter unless the entity has
   55  obtained a sales tax exemption certificate from the department
   56  or the entity obtains or provides other documentation as
   57  required by the department. Eligible purchases or leases made
   58  with such a certificate must be in strict compliance with this
   59  subsection and departmental rules, and any person who makes an
   60  exempt purchase with a certificate that is not in strict
   61  compliance with this subsection and the rules is liable for and
   62  shall pay the tax. The department may adopt rules to administer
   63  this subsection.
   64         (jjj) Certain machinery and equipment.—
   65         1. Industrial machinery and equipment purchased by eligible
   66  manufacturing businesses which is used at a fixed location in
   67  this state for the manufacture, processing, compounding, or
   68  production of items of tangible personal property for sale is
   69  exempt from the tax imposed by this chapter. If, at the time of
   70  purchase, the purchaser furnishes the seller with a signed
   71  certificate certifying the purchaser’s entitlement to exemption
   72  pursuant to this paragraph, the seller is not required to
   73  collect the tax on the sale of such items, and the department
   74  shall look solely to the purchaser for recovery of the tax if it
   75  determines that the purchaser was not entitled to the exemption.
   76         2. For purposes of this paragraph, the term:
   77         a. “Eligible manufacturing business” means any business
   78  whose primary business activity at the location where the
   79  industrial machinery and equipment is located is within the
   80  industries classified under NAICS codes 31, 32, 33, and 423930.
   81         b. “Eligible postharvest activity business” means a
   82  business whose primary business activity, at the location where
   83  the postharvest machinery and equipment is located, is within
   84  the industries classified under NAICS code 115114.
   85         c. “NAICS” means those classifications contained in the
   86  North American Industry Classification System, as published in
   87  2007 by the Office of Management and Budget, Executive Office of
   88  the President.
   89         d. “Primary business activity” means an activity
   90  representing more than 50 percent of the activities conducted at
   91  the location where the industrial machinery and equipment or
   92  postharvest machinery and equipment is located.
   93         e. “Industrial machinery and equipment” means tangible
   94  personal property or other property that has a depreciable life
   95  of 3 years or more and that is used as an integral part in the
   96  manufacturing, processing, compounding, or production of
   97  tangible personal property for sale. The term includes tangible
   98  personal property or other property that has a depreciable life
   99  of 3 years or more which is used as an integral part in the
  100  recycling of metals for sale. A building and its structural
  101  components are not industrial machinery and equipment unless the
  102  building or structural component is so closely related to the
  103  industrial machinery and equipment that it houses or supports
  104  that the building or structural component can be expected to be
  105  replaced when the machinery and equipment are replaced. Heating
  106  and air conditioning systems are not industrial machinery and
  107  equipment unless the sole justification for their installation
  108  is to meet the requirements of the production process, even
  109  though the system may provide incidental comfort to employees or
  110  serve, to an insubstantial degree, nonproduction activities. The
  111  term includes parts and accessories for industrial machinery and
  112  equipment only to the extent that the parts and accessories are
  113  purchased before the date the machinery and equipment are placed
  114  in service.
  115         f. “Postharvest activities” means services performed on
  116  crops, after their harvest, with the intent of preparing them
  117  for market or further processing. Postharvest activities
  118  include, but are not limited to, crop cleaning, sun drying,
  119  shelling, fumigating, curing, sorting, grading, packing, and
  120  cooling.
  121         g. “Postharvest machinery and equipment” means tangible
  122  personal property or other property with a depreciable life of 3
  123  years or more which is used primarily for postharvest
  124  activities. A building and its structural components are not
  125  postharvest industrial machinery and equipment unless the
  126  building or structural component is so closely related to the
  127  postharvest machinery and equipment that it houses or supports
  128  that the building or structural component can be expected to be
  129  replaced when the postharvest machinery and equipment is
  130  replaced. Heating and air conditioning systems are not
  131  postharvest machinery and equipment unless the sole
  132  justification for their installation is to meet the requirements
  133  of the postharvest activities process, even though the system
  134  may provide incidental comfort to employees or serve, to an
  135  insubstantial degree, nonpostharvest activities.
  136         3. Postharvest machinery and equipment purchased by an
  137  eligible postharvest activity business which is used at a fixed
  138  location in this state is exempt from the tax imposed by this
  139  chapter. All labor charges for the repair of, and parts and
  140  materials used in the repair of and incorporated into, such
  141  postharvest machinery and equipment are also exempt. If, at the
  142  time of purchase, the purchaser furnishes the seller with a
  143  signed certificate certifying the purchaser’s entitlement to
  144  exemption pursuant to this subparagraph, the seller is not
  145  required to collect the tax on the sale of such items, and the
  146  department shall look solely to the purchaser for recovery of
  147  the tax if it determines that the purchaser was not entitled to
  148  the exemption.
  149         4.A mixer drum affixed to a mixer truck which is used at
  150  any location in this state to mix, agitate, and transport
  151  freshly mixed concrete in a plastic state for sale is exempt
  152  from the tax imposed by this chapter. Parts and labor required
  153  to affix a mixer drum exempt under this subparagraph to a mixer
  154  truck are also exempt. If, at the time of purchase, the
  155  purchaser furnishes the seller with a signed certificate
  156  certifying the purchaser’s entitlement to exemption pursuant to
  157  this subparagraph, the seller is not required to collect the tax
  158  on the sale of such items, and the department shall look solely
  159  to the purchaser for recovery of the tax if it determines that
  160  the purchaser was not entitled to the exemption. This
  161  subparagraph is repealed April 30, 2017.
  162         Reviser’s note.—Amended to delete subparagraph 4., to conform to
  163         repeal of that subparagraph pursuant to its own terms.
  164         Section 5. Subsection (8) of section 216.292, Florida
  165  Statutes, is repealed.
  166         Reviser’s note.—The cited subsection, which relates to
  167         authorization of a transfer of funds for the 2016-2017
  168         fiscal year only, expired pursuant to its own terms,
  169         effective July 1, 2017.
  170         Section 6. Sections 218.417, 218.418, 218.421, and 218.422,
  171  Florida Statutes, are repealed.
  172         Reviser’s note.—Section 218.417, which created the Fund B
  173         Surplus Funds Trust Fund, provides that the “trust fund
  174         shall be terminated upon self-liquidation, if not
  175         terminated sooner by law.” The fund has self-liquidated.
  176         Section 11, ch. 2008-59, Laws of Florida, provides for
  177         expiration of ss. 218.418, 218.421, and 218.422, which
  178         relate to the trust fund, “at the time the Fund B Surplus
  179         Funds Trust Fund is terminated by law or self-liquidates as
  180         determined and announced by the executive director of the
  181         State Board of Administration, whichever occurs first.”
  182         Since the sections were not repealed by a “current session”
  183         of the Legislature, they may be omitted from the 2018
  184         Florida Statutes only through a reviser’s bill duly enacted
  185         by the Legislature. See s. 11.242(5)(b) and (i).
  186         Section 7. Paragraph (m) of subsection (3) of section
  187  259.105, Florida Statutes, is repealed.
  188         Reviser’s note.—The cited paragraph, which relates to
  189         distribution of proceeds for the 2016-2017 fiscal year
  190         only, expired pursuant to its own terms, effective July 1,
  191         2017.
  192         Section 8. Subsection (7) of section 272.136, Florida
  193  Statutes, is repealed.
  194         Reviser’s note.—The cited subsection, which provided for an
  195         exemption from open government requirements for certain
  196         identifying information relating to a direct-support
  197         organization for the Florida Historic Capitol Museum, was
  198         repealed pursuant to its own terms, effective October 2,
  199         2017.
  200         Section 9. Subsection (3) of section 296.37, Florida
  201  Statutes, is repealed.
  202         Reviser’s note.—The cited subsection, which relates to
  203         contributions for maintenance and support from residents of
  204         veterans’ nursing homes, was repealed pursuant to its own
  205         terms, effective July 1, 2017.
  206         Section 10. Paragraph (c) of subsection (1) of section
  207  322.03, Florida Statutes, is repealed.
  208         Reviser’s note.—The cited paragraph, which relates to licenses
  209         issued to part-time residents under s. 322.03(1)(b) as it
  210         existed before November 1, 2009, expired pursuant to its
  211         own terms, effective June 30, 2017.
  212         Section 11. Section 327.4105, Florida Statutes, is
  213  repealed.
  214         Reviser’s note.—The cited section, which relates to a pilot
  215         program for regulation of mooring vessels outside of public
  216         mooring fields, expired pursuant to its own terms,
  217         effective July 1, 2017.
  218         Section 12. Paragraphs (e) and (f) of subsection (1) of
  219  section 328.76, Florida Statutes, are repealed.
  220         Reviser’s note.—The cited paragraphs, which relate to specific
  221         transfers of funds after all administrative costs are
  222         funded and distributions in paragraphs (a)-(d) have been
  223         made, expired pursuant to their own terms, effective July
  224         1, 2017.
  225         Section 13. Paragraphs (i) and (j) of subsection (4) and
  226  paragraphs (b) and (c) of subsection (5) of section 339.135,
  227  Florida Statutes, are repealed.
  228         Reviser’s note.—The cited paragraphs, which relate to specified
  229         use of funds for the 2016-2017 fiscal year only, expired
  230         pursuant to their own terms, effective July 1, 2017.
  231         Section 14. Subsection (4) of section 375.075, Florida
  232  Statutes, is repealed.
  233         Reviser’s note.—The cited subsection, which relates to specified
  234         use of funds for the 2016-2017 fiscal year only, expired
  235         pursuant to its own terms, effective July 1, 2017.
  236         Section 15. Paragraph (h) of subsection (2) of section
  237  380.507, Florida Statutes, is repealed.
  238         Reviser’s note.—The cited paragraph, which relates to projects
  239         providing for accessibility, availability, or adaptability
  240         of conservation and recreation lands for individuals with
  241         unique abilities, expired pursuant to its own terms,
  242         effective July 1, 2017.
  243         Section 16. Subsection (8) of section 393.065, Florida
  244  Statutes, is repealed.
  245         Reviser’s note.—The cited subsection, which relates to waivers
  246         for individuals with developmental disabilities in Category
  247         6 during the 2016-2017 fiscal year, was repealed by s. 41,
  248         ch. 2016-62, Laws of Florida, effective July 1, 2017. Since
  249         the subsection was not repealed by a “current session” of
  250         the Legislature, it may be omitted from the 2018 Florida
  251         Statutes only through a reviser’s bill duly enacted by the
  252         Legislature. See s. 11.242(5)(b) and (i).
  253         Section 17. Section 394.462, Florida Statutes, is amended
  254  to read:
  255         394.462 Transportation.—A transportation plan shall be
  256  developed and implemented by each county by July 1, 2017, in
  257  collaboration with the managing entity in accordance with this
  258  section. A county may enter into a memorandum of understanding
  259  with the governing boards of nearby counties to establish a
  260  shared transportation plan. When multiple counties enter into a
  261  memorandum of understanding for this purpose, the counties shall
  262  notify the managing entity and provide it with a copy of the
  263  agreement. The transportation plan shall describe methods of
  264  transport to a facility within the designated receiving system
  265  for individuals subject to involuntary examination under s.
  266  394.463 or involuntary admission under s. 397.6772, s. 397.679,
  267  s. 397.6798, or s. 397.6811, and may identify responsibility for
  268  other transportation to a participating facility when necessary
  269  and agreed to by the facility. The plan may rely on emergency
  270  medical transport services or private transport companies, as
  271  appropriate. The plan shall comply with the transportation
  272  provisions of this section and ss. 397.6772, 397.6795, 397.6822,
  273  and 397.697.
  274         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
  275         (a) Each county shall designate a single law enforcement
  276  agency within the county, or portions thereof, to take a person
  277  into custody upon the entry of an ex parte order or the
  278  execution of a certificate for involuntary examination by an
  279  authorized professional and to transport that person to the
  280  appropriate facility within the designated receiving system
  281  pursuant to a transportation plan or an exception under
  282  subsection (4), or to the nearest receiving facility if neither
  283  apply.
  284         (b)1. The designated law enforcement agency may decline to
  285  transport the person to a receiving facility only if:
  286         a. The jurisdiction designated by the county has contracted
  287  on an annual basis with an emergency medical transport service
  288  or private transport company for transportation of persons to
  289  receiving facilities pursuant to this section at the sole cost
  290  of the county; and
  291         b. The law enforcement agency and the emergency medical
  292  transport service or private transport company agree that the
  293  continued presence of law enforcement personnel is not necessary
  294  for the safety of the person or others.
  295         2. The entity providing transportation may seek
  296  reimbursement for transportation expenses. The party responsible
  297  for payment for such transportation is the person receiving the
  298  transportation. The county shall seek reimbursement from the
  299  following sources in the following order:
  300         a. From a private or public third-party payor, if the
  301  person receiving the transportation has applicable coverage.
  302         b. From the person receiving the transportation.
  303         c. From a financial settlement for medical care, treatment,
  304  hospitalization, or transportation payable or accruing to the
  305  injured party.
  306         (c) A company that transports a patient pursuant to this
  307  subsection is considered an independent contractor and is solely
  308  liable for the safe and dignified transport of the patient. Such
  309  company must be insured and provide no less than $100,000 in
  310  liability insurance with respect to the transport of patients.
  311         (d) Any company that contracts with a governing board of a
  312  county to transport patients shall comply with the applicable
  313  rules of the department to ensure the safety and dignity of
  314  patients.
  315         (e) When a law enforcement officer takes custody of a
  316  person pursuant to this part, the officer may request assistance
  317  from emergency medical personnel if such assistance is needed
  318  for the safety of the officer or the person in custody.
  319         (f) When a member of a mental health overlay program or a
  320  mobile crisis response service is a professional authorized to
  321  initiate an involuntary examination pursuant to s. 394.463 or s.
  322  397.675 and that professional evaluates a person and determines
  323  that transportation to a receiving facility is needed, the
  324  service, at its discretion, may transport the person to the
  325  facility or may call on the law enforcement agency or other
  326  transportation arrangement best suited to the needs of the
  327  patient.
  328         (g) When any law enforcement officer has custody of a
  329  person based on either noncriminal or minor criminal behavior
  330  that meets the statutory guidelines for involuntary examination
  331  pursuant to s. 394.463, the law enforcement officer shall
  332  transport the person to the appropriate facility within the
  333  designated receiving system pursuant to a transportation plan or
  334  an exception under subsection (4), or to the nearest receiving
  335  facility if neither apply. Persons who meet the statutory
  336  guidelines for involuntary admission pursuant to s. 397.675 may
  337  also be transported by law enforcement officers to the extent
  338  resources are available and as otherwise provided by law. Such
  339  persons shall be transported to an appropriate facility within
  340  the designated receiving system pursuant to a transportation
  341  plan or an exception under subsection (4), or to the nearest
  342  facility if neither apply.
  343         (h) When any law enforcement officer has arrested a person
  344  for a felony and it appears that the person meets the statutory
  345  guidelines for involuntary examination or placement under this
  346  part, such person must first be processed in the same manner as
  347  any other criminal suspect. The law enforcement agency shall
  348  thereafter immediately notify the appropriate facility within
  349  the designated receiving system pursuant to a transportation
  350  plan or an exception under subsection (4), or to the nearest
  351  receiving facility if neither apply. The receiving facility
  352  shall be responsible for promptly arranging for the examination
  353  and treatment of the person. A receiving facility is not
  354  required to admit a person charged with a crime for whom the
  355  facility determines and documents that it is unable to provide
  356  adequate security, but shall provide examination and treatment
  357  to the person where he or she is held.
  358         (i) If the appropriate law enforcement officer believes
  359  that a person has an emergency medical condition as defined in
  360  s. 395.002, the person may be first transported to a hospital
  361  for emergency medical treatment, regardless of whether the
  362  hospital is a designated receiving facility.
  363         (j) The costs of transportation, evaluation,
  364  hospitalization, and treatment incurred under this subsection by
  365  persons who have been arrested for violations of any state law
  366  or county or municipal ordinance may be recovered as provided in
  367  s. 901.35.
  368         (k) The appropriate facility within the designated
  369  receiving system pursuant to a transportation plan or an
  370  exception under subsection (4), or the nearest receiving
  371  facility if neither apply, must accept persons brought by law
  372  enforcement officers, or an emergency medical transport service
  373  or a private transport company authorized by the county, for
  374  involuntary examination pursuant to s. 394.463.
  375         (l) The appropriate facility within the designated
  376  receiving system pursuant to a transportation plan or an
  377  exception under subsection (4), or the nearest receiving
  378  facility if neither apply, must provide persons brought by law
  379  enforcement officers, or an emergency medical transport service
  380  or a private transport company authorized by the county,
  381  pursuant to s. 397.675, a basic screening or triage sufficient
  382  to refer the person to the appropriate services.
  383         (m) Each law enforcement agency designated pursuant to
  384  paragraph (a) shall establish a policy that reflects a single
  385  set of protocols for the safe and secure transportation and
  386  transfer of custody of the person. Each law enforcement agency
  387  shall provide a copy of the protocols to the managing entity.
  388         (n) When a jurisdiction has entered into a contract with an
  389  emergency medical transport service or a private transport
  390  company for transportation of persons to facilities within the
  391  designated receiving system, such service or company shall be
  392  given preference for transportation of persons from nursing
  393  homes, assisted living facilities, adult day care centers, or
  394  adult family-care homes, unless the behavior of the person being
  395  transported is such that transportation by a law enforcement
  396  officer is necessary.
  397         (o) This section may not be construed to limit emergency
  398  examination and treatment of incapacitated persons provided in
  399  accordance with s. 401.445.
  400         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
  401         (a) If neither the patient nor any person legally obligated
  402  or responsible for the patient is able to pay for the expense of
  403  transporting a voluntary or involuntary patient to a treatment
  404  facility, the transportation plan established by the governing
  405  board of the county or counties must specify how the
  406  hospitalized patient will be transported to, from, and between
  407  facilities in a safe and dignified manner.
  408         (b) A company that transports a patient pursuant to this
  409  subsection is considered an independent contractor and is solely
  410  liable for the safe and dignified transportation of the patient.
  411  Such company must be insured and provide no less than $100,000
  412  in liability insurance with respect to the transport of
  413  patients.
  414         (c) A company that contracts with one or more counties to
  415  transport patients in accordance with this section shall comply
  416  with the applicable rules of the department to ensure the safety
  417  and dignity of patients.
  418         (d) County or municipal law enforcement and correctional
  419  personnel and equipment may not be used to transport patients
  420  adjudicated incapacitated or found by the court to meet the
  421  criteria for involuntary placement pursuant to s. 394.467,
  422  except in small rural counties where there are no cost-efficient
  423  alternatives.
  424         (3) TRANSFER OF CUSTODY.—Custody of a person who is
  425  transported pursuant to this part, along with related
  426  documentation, shall be relinquished to a responsible individual
  427  at the appropriate receiving or treatment facility.
  428         (4)EXCEPTIONS.—An exception to the requirements of this
  429  section may be granted by the secretary of the department for
  430  the purposes of improving service coordination or better meeting
  431  the special needs of individuals. A proposal for an exception
  432  must be submitted to the department after being approved by the
  433  governing boards of any affected counties.
  434         (a)A proposal for an exception must identify the specific
  435  provision from which an exception is requested; describe how the
  436  proposal will be implemented by participating law enforcement
  437  agencies and transportation authorities; and provide a plan for
  438  the coordination of services.
  439         (b)The exception may be granted only for:
  440         1.An arrangement centralizing and improving the provision
  441  of services within a district, which may include an exception to
  442  the requirement for transportation to the nearest receiving
  443  facility;
  444         2.An arrangement by which a facility may provide, in
  445  addition to required psychiatric or substance use disorder
  446  services, an environment and services which are uniquely
  447  tailored to the needs of an identified group of persons with
  448  special needs, such as persons with hearing impairments or
  449  visual impairments, or elderly persons with physical frailties;
  450  or
  451         3.A specialized transportation system that provides an
  452  efficient and humane method of transporting patients to
  453  receiving facilities, among receiving facilities, and to
  454  treatment facilities.
  455  
  456  The exceptions provided in this subsection shall expire on June
  457  30, 2017, and no new exceptions shall be granted after that
  458  date. After June 30, 2017, the transport of a patient to a
  459  facility that is not the nearest facility must be made pursuant
  460  to a plan as provided in this section.
  461         Reviser’s note.—Amended to conform to the expiration of
  462         subsection (4) pursuant to its own terms, effective June
  463         30, 2017.
  464         Section 18. Subsection (3) of section 403.7095, Florida
  465  Statutes, is repealed.
  466         Reviser’s note.—The cited subsection, which awarded $3 million
  467         in grants in the 2016-2017 fiscal year equally to counties
  468         having fewer than 110,000 persons for waste tire and litter
  469         prevention, recycling education, and general solid waste
  470         programs, expired pursuant to its own terms, effective July
  471         1, 2017.
  472         Section 19. Section 408.0436, Florida Statutes, is
  473  repealed.
  474         Reviser’s note.—The cited section, which relates to a limitation
  475         on nursing home certificates of need, was repealed pursuant
  476         to its own terms, effective July 1, 2017.
  477         Section 20. Subsection (10) of section 420.5087, Florida
  478  Statutes, is repealed.
  479         Reviser’s note.—The cited subsection, which relates to
  480         reservation of funds for tenant groups for the 2016-2017
  481         fiscal year relating to the State Apartment Incentive Loan
  482         Program, expired pursuant to its own terms, effective July
  483         1, 2017.
  484         Section 21. Subsection (10) of section 420.9072, Florida
  485  Statutes, is repealed.
  486         Reviser’s note.—The cited subsection, which relates to funds for
  487         rental assistance and subsidies for the 2016-2017 fiscal
  488         year relating to the State Housing Initiatives Partnership
  489         Program, expired pursuant to its own terms, effective July
  490         1, 2017.
  491         Section 22. Section 430.82, Florida Statutes, is repealed.
  492         Reviser’s note.—The cited section, which establishes a direct
  493         support organization to provide assistance to the
  494         Department of Elderly Affairs, was repealed pursuant to its
  495         own terms, effective October 1, 2017.
  496         Section 23. Subsection (9) of section 663.01, Florida
  497  Statutes, is repealed.
  498         Reviser’s note.—The cited subsection, which defines the term
  499         “international trust entity” for purposes of part I of
  500         chapter 663, was repealed by s. 3, ch. 2016-192, Laws of
  501         Florida, effective July 1, 2017. Since the subsection was
  502         not repealed by a “current session” of the Legislature, it
  503         may be omitted from the 2018 Florida Statutes only through
  504         a reviser’s bill duly enacted by the Legislature. See s.
  505         11.242(5)(b) and (i).
  506         Section 24. Section 663.041, Florida Statutes, is repealed.
  507         Reviser’s note.—The cited section, which relates to a moratorium
  508         on enforcement of licensing requirements for international
  509         trust entities, was repealed by s. 3, ch. 2016-192, Laws of
  510         Florida, effective July 1, 2017. Since the section was not
  511         repealed by a “current session” of the Legislature, it may
  512         be omitted from the 2018 Florida Statutes only through a
  513         reviser’s bill duly enacted by the Legislature. See s.
  514         11.242(5)(b) and (i).
  515         Section 25. Subsection (17) of section 893.055, Florida
  516  Statutes, is repealed.
  517         Reviser’s note.—The cited subsection, which relates to use of
  518         state funds appropriated in the 2016-2017 General
  519         Appropriations Act to administer the prescription drug
  520         monitoring program for the 2016-2017 fiscal year only,
  521         expired pursuant to its own terms, effective July 1, 2017.
  522         Section 26. Subsection (7) of section 1008.34, Florida
  523  Statutes, is repealed.
  524         Reviser’s note.—The cited subsection, which relates to
  525         transition provisions relating to school improvement
  526         ratings and school grades, was repealed pursuant to its own
  527         terms, effective July 1, 2017.
  528         Section 27. Section 1012.341, Florida Statutes, is
  529  repealed.
  530         Reviser’s note.—The cited section, which provides an exemption
  531         for the Hillsborough County School District from
  532         performance evaluation system and compensation and salary
  533         schedule requirements, was repealed pursuant to its own
  534         terms, effective August 1, 2017.
  535         Section 28. Paragraph (c) of subsection (9) of section
  536  39.001, Florida Statutes, is amended to read:
  537         39.001 Purposes and intent; personnel standards and
  538  screening.—
  539         (9) OFFICE OF ADOPTION AND CHILD PROTECTION.—
  540         (c) The office is authorized and directed to:
  541         1. Oversee the preparation and implementation of the state
  542  plan established under subsection (10) and revise and update the
  543  state plan as necessary.
  544         2. Provide for or make available continuing professional
  545  education and training in the prevention of child abuse and
  546  neglect.
  547         3. Work to secure funding in the form of appropriations,
  548  gifts, and grants from the state, the Federal Government, and
  549  other public and private sources in order to ensure that
  550  sufficient funds are available for the promotion of adoption,
  551  support of adoptive families, and child abuse prevention
  552  efforts.
  553         4. Make recommendations pertaining to agreements or
  554  contracts for the establishment and development of:
  555         a. Programs and services for the promotion of adoption,
  556  support of adoptive families, and prevention of child abuse and
  557  neglect.
  558         b. Training programs for the prevention of child abuse and
  559  neglect.
  560         c. Multidisciplinary and discipline-specific training
  561  programs for professionals with responsibilities affecting
  562  children, young adults, and families.
  563         d. Efforts to promote adoption.
  564         e. Postadoptive services to support adoptive families.
  565         5. Monitor, evaluate, and review the development and
  566  quality of local and statewide services and programs for the
  567  promotion of adoption, support of adoptive families, and
  568  prevention of child abuse and neglect and shall publish and
  569  distribute an annual report of its findings on or before January
  570  1 of each year to the Governor, the Speaker of the House of
  571  Representatives, the President of the Senate, the head of each
  572  state agency affected by the report, and the appropriate
  573  substantive committees of the Legislature. The report shall
  574  include:
  575         a. A summary of the activities of the office.
  576         b. A summary of the adoption data collected and reported to
  577  the federal Adoption and Foster Care Analysis and Reporting
  578  System (AFCARS) and the federal Administration for Children and
  579  Families.
  580         c. A summary of the child abuse prevention data collected
  581  and reported to the National Child Abuse and Neglect Data System
  582  (NCANDS) and the federal Administration for Children and
  583  Families.
  584         d. A summary detailing the timeliness of the adoption
  585  process for children adopted from within the child welfare
  586  system.
  587         e. Recommendations, by state agency, for the further
  588  development and improvement of services and programs for the
  589  promotion of adoption, support of adoptive families, and
  590  prevention of child abuse and neglect.
  591         f. Budget requests, adoption promotion and support needs,
  592  and child abuse prevention program needs by state agency.
  593         6.Work with the direct-support organization established
  594  under s. 39.0011 to receive financial assistance.
  595         Reviser’s note.—Amended to conform to the repeal of s. 39.0011
  596         by this act to ratify the repeal of that section by its own
  597         terms, effective October 1, 2017.
  598         Section 29. Section 409.1666, Florida Statutes, is amended
  599  to read:
  600         409.1666 Annual adoption achievement awards.—Each year, the
  601  Governor shall select and recognize one or more individuals,
  602  families, or organizations that make significant contributions
  603  to enabling this state’s foster children to achieve permanency
  604  through adoption. The department shall define appropriate
  605  categories for the achievement awards and seek nominations for
  606  potential recipients in each category from individuals and
  607  organizations knowledgeable about foster care and adoption.
  608         (1) The award shall recognize persons whose contributions
  609  involve extraordinary effort or personal sacrifice in order to
  610  provide caring and permanent homes for foster children.
  611         (2)A direct-support organization established in accordance
  612  with s. 39.0011 by the Office of Adoption and Child Protection
  613  within the Executive Office of the Governor may accept donations
  614  of products or services from private sources to be given to the
  615  recipients of the adoption achievement awards. The direct
  616  support organization may also provide suitable plaques, framed
  617  certificates, pins, and other tokens of recognition.
  618         Reviser’s note.—Amended to conform to the repeal of s. 39.0011
  619         by this act to ratify the repeal of the section by its own
  620         terms, effective October 1, 2017.
  621         Section 30. Subsection (6) of section 663.532, Florida
  622  Statutes, is amended to read:
  623         663.532 Qualification.—
  624         (6) No later than March 31, 2018, a person or entity that
  625  previously qualified under the moratorium in former s. 663.041
  626  must seek qualification as a qualified limited service affiliate
  627  or cease doing business in this state. Notwithstanding the
  628  expiration of the moratorium under former s. 663.041, a person
  629  or entity that previously qualified under such moratorium may
  630  remain open and in operation but shall refrain from engaging in
  631  new lines of business in this state until qualified as a
  632  qualified limited service affiliate under this part.
  633         Reviser’s note.—Amended to conform to the repeal of s. 663.041
  634         by this act to ratify the repeal of that section effective
  635         July 1, 2017, by s. 3, ch. 2016-192, Laws of Florida.
  636         Section 31. This act shall take effect on the 60th day
  637  after adjournment sine die of the session of the Legislature in
  638  which enacted.