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The Florida Senate

CS/CS/SB 1040 — Duties of the Attorney General

by Appropriations Committee; Governmental Oversight and Accountability Committee; and Senator Brodeur

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Governmental Oversight and Accountability Committee (GO)

The bill repeals several functions of the Department of Legal Affairs (DLA) and the Attorney General and transfers several functions to other state agencies.

The bill eliminates the DLA’s duties and responsibilities relating to neighborhood improvement districts.

The bill also transfers the duties and responsibilities of the DLA relating to claims for restitution from the DLA to the Department of Children and Families, the Department of Health, the Department of Juvenile Justice, the Department of Corrections, or the Agency for Persons with Disabilities.

The bill transfers the duties relating to the security of convenience businesses, their training curriculums, and enforcement authority from the DLA and the Attorney General to the Department of Business and Professional Regulation.

The bill provides that during a declared state of emergency, the sale or rental of a dwelling unit or self storage facility at an unconscionable price is only prohibited if the rental or sale was necessary for inhabitation or use as a direct result of the declared emergency. The bill allows the governor, by executive order, rather than by renewals of the declared state of emergency, to extend the prohibition.

The bill extends the repeal date for the Attorney General to have access to records ordered by a court in regard to the prescription drug monitoring program. The repeal date is delayed from June 30, 2021, to June 30, 2023.

If approved by the Governor, these provisions take effect June 30, 2021.

Vote: Senate 39-0; House 117-0