HB 7005

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	220.19, 420.5087, and 624.5107, F.S., and repealing ss.
4	110.1245(4)(b), 185.085(6), 215.96(4), 216.292(3)(c)-(e)
5	and (5)(b), 253.03(17), 253.034(6)(f)2., 320.08058(1)(d),
6	322.025(2), 403.890(5), 408.036(3)(m), 475.278(2)(b) and
7	(c), 487.041(1), 509.302(8), 561.121(4), 561.501, 570.957,
8	921.0001, 921.001, 921.0011, 921.0012, 921.0013, 921.0014,
9	921.0015, 921.0016, 921.005, 985.803, 985.804, 985.805,
10	985.806, 985.807, and 1010.78, F.S., to delete provisions
11	which have become inoperative by noncurrent repeal or
12	expiration and, pursuant to s. 11.242(5)(b) and (i), may
13	be omitted from the 2009 Florida Statutes only through a
14	reviser's bill duly enacted by the Legislature; repealing
15	ss. 626.97411 and 1006.20(10), F.S., to confirm the
16	October 2, 2008, repeal of exemptions in accordance with
17	the Open Government Sunset Review Act; and amending s.
18	775.0845, F.S., to conform to the repeal of ss. 921.0012
19	and 921.0013, F.S.; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Paragraph (b) of subsection (4) of section
24	110.1245, Florida Statutes, is repealed.
25	Reviser's note.--The cited paragraph, which relates to
26	use of funds for cash awards to state employees for
27	the 2007-2008 fiscal year only, was repealed by its
28	own terms, effective July 1, 2008.
29	Section 2.  Subsection (6) of section 185.085, Florida
30	Statutes, is repealed.
31	Reviser's note.--The cited subsection, which relates
32	to distribution of premium excise tax amounts pursuant
33	to specified formulae and conditions, expired pursuant
34	to its own terms, effective January 1, 2008.
35	Section 3.  Subsection (4) of section 215.96, Florida
36	Statutes, is repealed.
37	Reviser's note.--The cited subsection, which relates
38	to duties of the Financial Management Information
39	Board, through its coordinating council, to facilitate
40	the integration of specified financial management
41	information systems, including establishment of an
42	Enterprise Resource Planning Integration Task Force,
43	was amended by two 2004 laws. The amendment by s. 26,
44	ch. 2004-269, Laws of Florida, provided that the
45	subsection expired pursuant to its own terms,
46	effective July 1, 2005. The amendment by s. 10, ch.
47	2004-390, Laws of Florida, provided that the
48	subsection expired pursuant to its own terms,
49	effective July 1, 2008. Both dates have now occurred.
50	Section 4.  Paragraphs (c), (d), and (e) of subsection (3)
51	and paragraph (b) of subsection (5) of section 216.292, Florida
52	Statutes, are repealed.
53	Reviser's note.--The cited paragraphs, which relate to
54	transfer of appropriations for operations relating to
55	criminal conflict and civil regional counsel budget
56	entities and between such entities and the child
57	dependency and civil conflict case appropriation
58	category and the criminal conflicts case costs
59	appropriation category within the Justice
60	Administration Commission, and recommendations by the
61	Governor for initiation of fixed capital outlay
62	projects funded by grants awarded by FEMA for certain
63	disaster declarations, were repealed by their own
64	terms, effective July 1, 2008.
65	Section 5.  Section 220.19, Florida Statutes, is amended to
66	read:
67	220.19  Child care tax credits.--
68	(1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
69	(a)1.  A credit of 50 percent of the startup costs of child
70	care facilities operated by a corporation for its employees is
71	allowed against any tax due for a taxable year under this
72	chapter. A credit against such tax is also allowed for the
73	operation of a child care facility by a corporation for its
74	employees, which credit is in the amount of $50 per month for
75	each child enrolled in the facility.
76	2.  A credit is allowed against any tax due for a taxable
77	year under this chapter for any taxpayer that makes payments
78	directly to a child care facility as defined by s. 402.302 which
79	is licensed in accordance with s. 402.305, or to any facility
80	providing daily care to children who are mildly ill, which
81	payments are made in the name of and for the benefit of an
82	employee of the taxpayer in this state whose child attends the
83	child care facility during the employee's working hours. The
84	credit shall be an amount equal to 50 percent of the amount of
85	such child care payments.
86	(b)  A corporation may not receive more than $50,000 in
87	annual tax credits for all approved child care costs that the
88	corporation incurs in any one year.
89	(c)  The total amount of tax credits which may be granted
90	for all programs approved under this section and s. 624.5107 is
91	$2 million annually.
92	(d)  An application for tax credit under this section must
93	be approved by the executive director of the department.
94	(1)(e)  If the credit granted under this section is not
95	fully used in any one year because of insufficient tax liability
96	on the part of the corporation, the unused amount may be carried
97	forward for a period not to exceed 5 years. The carryover credit
98	may be used in a subsequent year when the tax imposed by this
99	chapter for that year exceeds the credit for which the
100	corporation is eligible in that year under this section after
101	applying the other credits and unused carryovers in the order
102	provided by s. 220.02(8).
103	(2)(f)  If a corporation receives a credit for child care
104	facility startup costs, and the facility fails to operate for at
105	least 5 years, a pro rata share of the credit must be repaid, in
106	accordance with the formula: A = C x (1-(N/60)), where:
107	(a)1.  "A" is the amount in dollars of the required
108	repayment.
109	(b)2.  "C" is the total credits taken by the corporation
110	for child care facility startup costs.
111	(c)3.  "N" is the number of months the facility was in
112	operation.
113
114	This repayment requirement is inapplicable if the corporation
115	goes out of business or can demonstrate to the department that
116	its employees no longer want to have a child care facility.
117	(g)  A taxpayer that files a consolidated return in this
118	state as a member of an affiliated group under s. 220.131(1) may
119	be allowed the credit on a consolidated return basis.
120	(h)  A taxpayer that is eligible to receive credit under s.
121	624.5107 is ineligible to receive credit under this section.
122	(2)  ELIGIBILITY REQUIREMENTS.--
123	(a)  A child care facility with respect to which a
124	corporation claims a child care tax credit must be a child care
125	facility as defined by s. 402.302 and must be licensed in
126	accordance with s. 402.305, or must be a facility providing
127	daily care to children who are mildly ill.
128	(b)  The services of a child care facility for which a
129	corporation claims a child care tax credit under subparagraph
130	(1)(a)1. must be available to all employees of the corporation,
131	or must be allocated on a first-come, first-served basis, and
132	must be used by employees of the taxpayer.
133	(c)  Two or more corporations may join together to start
134	and to operate a child care facility according to the provisions
135	of this section. If two or more corporations choose to jointly
136	operate a child care facility, or cause a not-for-profit
137	corporation to operate the child care facility, the corporations
138	must file a joint application or the not-for-profit corporation
139	may file the application with the department, pursuant to
140	subsection (3), setting forth their proposal. The participating
141	corporations may proportion the annual child care costs credits
142	in any manner they choose as appropriate, but no jointly
143	operated corporate child care facility established under this
144	section may receive more than $50,000 in annual tax credits for
145	all approved child care costs that the participating
146	corporations incur in any one year.
147	(d)  Child care payments for which a corporation claims a
148	credit under subparagraph (1)(a)2. shall not exceed the amount
149	charged by the child care facility to other children of like age
150	and abilities of persons not employed by the corporation.
151	(3)  APPLICATION REQUIREMENTS.--Any corporation that wishes
152	to participate in this program must submit to the department an
153	application for tax credit which sets forth the proposal for
154	establishing a child care facility for the use of its employees
155	or for payment of the cost of child care for its employees. This
156	application must state the anticipated startup costs and the
157	number of children to be enrolled, in the case of credit claimed
158	under subparagraph (1)(a)1., or the number of children for whom
159	child care costs will be paid, in the case of credit claimed
160	under subparagraph (1)(a)2.
161	(4)  ADMINISTRATION.--
162	(a)  The Department of Revenue may adopt all rules pursuant
163	to the Administrative Procedure Act to administer this section,
164	including rules for the approval or disapproval of proposals
165	submitted by corporations and rules to provide for cooperative
166	arrangements between for-profit and not-for-profit corporations.
167	(b)  The executive director's decision to approve or
168	disapprove a proposal must be in writing, and, if the proposal
169	is approved, the decision must state the maximum credit
170	allowable to the corporation.
171	(c)  All approvals for the granting of the tax credit
172	require prior verification by the Department of Children and
173	Family Services or local licensing agency that the corporation
174	meets the licensure requirements as defined in s. 402.302 and is
175	currently licensed in accordance with s. 402.305, or is a
176	facility providing daily care to children who are mildly ill.
177	(d)  Verification of the child care provider as an approved
178	facility must be in writing and must be attached to the credit
179	application form submitted to the Department of Revenue.
180	(5)  EXPIRATION.--This section expires on June 30, 2008,
181	except that paragraph (1)(e), which relates to carryover
182	credits, and paragraph (1)(f), which relates to repaying tax
183	credits in specified circumstances, do not expire on that date.
184	(6)  MEANING OF CORPORATION.--As used in this section, the
185	term "corporation" includes all general partnerships, limited
186	partnerships, unincorporated businesses, and all other business
187	entities which are owned or controlled by the parent
188	corporation.
189	Reviser's note.--Amended to conform to the expiration
190	of all of the section except paragraphs (1)(e) and (f)
191	by the terms of subsection (5), effective June 30,
192	2008.
193	Section 6.  Subsection (17) of section 253.03, Florida
194	Statutes, is repealed.
195	Reviser's note.--The cited subsection, which relates
196	to lease of the South Florida Evaluation and Treatment
197	Center complex in Miami-Dade County for the 2007-2008
198	fiscal year only, expired pursuant to its own terms,
199	effective July 1, 2008.
200	Section 7.  Subparagraph 2. of paragraph (f) of subsection
201	(6) of section 253.034, Florida Statutes, is repealed.
202	Reviser's note.--The cited subparagraph, which relates
203	to offer of reconveyance of specified surplus land
204	conveyed to the state by a fair association before
205	1955, expired pursuant to its own terms, effective
206	July 1, 2008.
207	Section 8.  Paragraph (d) of subsection (1) of section
208	320.08058, Florida Statutes, is repealed.
209	Reviser's note.--The cited paragraph, which relates to
210	use of the annual use fee deposited into the Save the
211	Manatee Trust Fund from sale of manatee license plates
212	for buying back unissued manatee plates during the
213	2007-2008 fiscal year only, expired pursuant to its
214	own terms, effective July 1, 2008.
215	Section 9.  Subsection (2) of section 322.025, Florida
216	Statutes, is repealed.
217	Reviser's note.--The cited subsection, which relates
218	to requirements for distribution of safety materials,
219	including the Official Florida Driver Handbook,
220	expired pursuant to its own terms, effective July 1,
221	2008.
222	Section 10.  Subsection (5) of section 403.890, Florida
223	Statutes, is repealed.
224	Reviser's note.--The cited subsection, which
225	authorizes transfer of interest earnings accumulated
226	in the Water Protection and Sustainability Program
227	Trust Fund to the Ecosystem Management and Restoration
228	Trust Fund for grants and aids to local governments
229	for certain water projects, expired pursuant to its
230	own terms, effective July 1, 2008.
231	Section 11.  Paragraph (m) of subsection (3) of section
232	408.036, Florida Statutes, is repealed.
233	Reviser's note.--The cited paragraph, which relates to
234	requirements for an adult open-heart-surgery program
235	to be located in a new hospital where the new hospital
236	is being established in the location of an existing
237	hospital with such a program, was repealed by its own
238	terms, effective January 1, 2008.
239	Section 12.  Subsection (2) of section 420.5087, Florida
240	Statutes, is amended to read:
241	420.5087  State Apartment Incentive Loan Program.--There is
242	hereby created the State Apartment Incentive Loan Program for
243	the purpose of providing first, second, or other subordinated
244	mortgage loans or loan guarantees to sponsors, including for-
245	profit, nonprofit, and public entities, to provide housing
246	affordable to very-low-income persons.
247	(2)  The corporation shall have the power to underwrite and
248	make state apartment incentive loans or loan guarantees to
249	sponsors, provided:
250	(a)  The sponsor uses tax-exempt financing for the first
251	mortgage and at least 20 percent of the units in the project are
252	set aside for persons or families who have incomes which meet
253	the income eligibility requirements of s. 8 of the United States
254	Housing Act of 1937, as amended;
255	(b)  The sponsor uses taxable financing for the first
256	mortgage and at least 20 percent of the units in the project are
257	set aside for persons or families who have incomes below 50
258	percent of the state or local median income, whichever is
259	higher, which shall be adjusted by the corporation for family
260	size; or
261	(c)  The sponsor uses the federal low-income housing tax
262	credit, and the project meets the tenant income eligibility
263	requirements of s. 42 of the Internal Revenue Code of 1986, as
264	amended.; or
265	(d)  The project is located in a county that includes, or
266	has included within the previous 5 years, an area of critical
267	state concern designated or ratified by the Legislature for
268	which the Legislature has declared its intent to provide
269	affordable housing, and 100 percent of the units in the project
270	are set aside for persons or families who have incomes below 120
271	percent of the state or local median income, whichever is
272	higher, which shall be adjusted by the corporation for family
273	size. This paragraph expires July 1, 2008.
274
275	This subsection does not prohibit a tenant from qualifying under
276	the income eligibility criteria of paragraph (a), paragraph (b),
277	or paragraph (c), or paragraph (d) due to the tenant's
278	participation in a job training program approved by the
279	corporation. Compliance with the provisions of this subsection
280	must be contractually provided for the term of the loan or 12
281	years, whichever is longer; however, this subsection does not
282	apply to loans made to housing communities for the elderly to
283	provide for lifesafety, building preservation, health,
284	sanitation, or security-related repairs or improvements. Such
285	loans shall be subject to tenant income criteria established by
286	corporation rule.
287	Reviser's note.--Amended to conform to the expiration
288	of paragraph (d), which relates to projects in areas
289	of critical state concern under the State Apartment
290	Incentive Loan Program, pursuant to its own terms,
291	effective July 1, 2008.
292	Section 13.  Paragraphs (b) and (c) of subsection (2) of
293	section 475.278, Florida Statutes, are repealed.
294	Reviser's note.--The cited paragraphs, which relate to
295	disclosure requirements and contents of disclosure for
296	transaction brokers, expired pursuant to their own
297	terms, effective July 1, 2008.
298	Section 14.  Subsection (1) of section 487.041, Florida
299	Statutes, is repealed.
300	Reviser's note.--The cited subsection, which requires
301	registration of each brand of pesticide distributed,
302	sold, offered for sale, or transported within this
303	state, expired pursuant to its own terms, effective at
304	midnight, December 31, 2008.
305	Section 15.  Subsection (8) of section 509.302, Florida
306	Statutes, is repealed.
307	Reviser's note.--The cited subsection, which
308	authorizes use of revenue from administrative fines to
309	support the Hospitality Education Program, expired
310	pursuant to its own terms, effective July 1, 2008.
311	Section 16.  Subsection (4) of section 561.121, Florida
312	Statutes, is repealed.
313	Reviser's note.--The cited subsection, which relates
314	to payment of funds collected pursuant to s. 561.501
315	into the State Treasury to be credited to the General
316	Revenue Funds, was repealed by s. 2, ch. 2006-162,
317	Laws of Florida, effective July 1, 2008. Since the
318	subsection was not repealed by a "current session" of
319	the Legislature, it may be omitted from the 2009
320	Florida Statutes only through a reviser's bill duly
321	enacted by the Legislature. See s. 11.242(5)(b) and
322	(i).
323	Section 17.  Section 561.501, Florida Statutes, is
324	repealed.
325	Reviser's note.--The cited section, which relates to a
326	surcharge on sale of alcoholic beverages for
327	consumption on the premises, was repealed by s. 7, ch.
328	2006-162, Laws of Florida, effective July 1, 2008.
329	Since the section was not repealed by a "current
330	session" of the Legislature, it may be omitted from
331	the 2009 Florida Statutes only through a reviser's
332	bill duly enacted by the Legislature. See s.
333	11.242(5)(b) and (i).
334	Section 18.  Section 570.957, Florida Statutes, is
335	repealed.
336	Reviser's note.--The cited section, which establishes
337	the Farm-to-Fuel Grants Program, expired pursuant to
338	its own terms, effective July 1, 2008.
339	Section 19.  Section 624.5107, Florida Statutes, is amended
340	to read:
341	624.5107  Child care tax credits; definitions;
342	authorization; limitations; eligibility and application
343	requirements; administration; expiration.--
344	(1)  DEFINITIONS.--As used in this section:
345	(a)  "Child care facility startup costs" means expenditures
346	for substantial renovation, equipment, including playground
347	equipment and kitchen appliances and cooking equipment, real
348	property, including land and improvements, and for reduction of
349	debt, made in connection with the establishment of a child care
350	facility as defined by s. 402.302, or any facility providing
351	daily care to children who are mildly ill, which is located in
352	this state on the insurer's premises and used by the employees
353	of the insurer.
354	(b)  "Operation of a child care facility" means operation
355	of a child care facility as defined by s. 402.302, or any
356	facility providing daily care to children who are mildly ill,
357	which is located in this state within 5 miles of at least one
358	place of business of the insurer and which is used by the
359	employees of the insurer.
360	(c)  "Department" means the Department of Revenue.
361	(d)  "Executive director" means the executive director of
362	the Department of Revenue.
363	(2)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
364	(a)1.  A credit of 50 percent of the startup costs of child
365	care facilities operated by an insurer for its employees is
366	allowed against any tax due for a taxable year under s. 624.509
367	or s. 624.510. A credit against such tax is also allowed for the
368	operation of a child care facility by an insurer for its
369	employees, which credit is in the amount of $50 per month for
370	each child enrolled in the facility.
371	2.  A credit is allowed against any tax due for a taxable
372	year under s. 624.509 or s. 624.510 for any insurer that makes
373	payments directly to a child care facility as defined by s.
374	402.302 which is licensed in accordance with s. 402.305, or to
375	any facility providing daily care to children who are mildly
376	ill, which payments are made in the name of and for the benefit
377	of an employee of the insurer in this state whose child attends
378	the child care facility during the employee's working hours. The
379	credit shall be an amount equal to 50 percent of the amount of
380	such child care payments.
381	(b)  An insurer may not receive more than $50,000 in annual
382	tax credits for all approved child care costs that the insurer
383	incurs in any one year.
384	(c)  The total amount of tax credits which may be granted
385	for all programs approved under this section and s. 220.19 is $2
386	million annually.
387	(d)  An application for tax credit under this section must
388	be approved by the executive director.
389	(1)(e)  If the credit granted under this section is not
390	fully used in any one year because of insufficient tax liability
391	on the part of the insurer, the unused amount may be carried
392	forward for a period not to exceed 5 years. The carryover credit
393	may be used in a subsequent year when the tax imposed by s.
394	624.509 or s. 624.510 for that year exceeds the credit for which
395	the insurer is eligible in that year under this section.
396	(2)(f)  If an insurer receives a credit for child care
397	facility startup costs, and the facility fails to operate for at
398	least 5 years, a pro rata share of the credit must be repaid, in
399	accordance with the formula: A = C x (1-(N/60)), where:
400	(a)1.  "A" is the amount in dollars of the required
401	repayment.
402	(b)2.  "C" is the total credits taken by the insurer for
403	child care facility startup costs.
404	(c)3.  "N" is the number of months the facility was in
405	operation.
406
407	This repayment requirement is inapplicable if the insurer goes
408	out of business or can demonstrate to the department that its
409	employees no longer want to have a child care facility.
410	(3)  ELIGIBILITY REQUIREMENTS.--
411	(a)  A child care facility with respect to which an insurer
412	claims a child care tax credit must be a child care facility as
413	defined by s. 402.302 and must be licensed in accordance with s.
414	402.305, or must be a facility providing daily care to children
415	who are mildly ill.
416	(b)  The services of a child care facility for which an
417	insurer claims a child care tax credit under subparagraph
418	(2)(a)1. must be available to all employees of the insurer or
419	must be allocated on a first-come, first-served basis, and must
420	be used by employees of the insurer.
421	(c)  Child care payments for which an insurer claims a
422	credit under subparagraph (2)(a)2. shall not exceed the amount
423	charged by the child care facility to other children of like age
424	and abilities of persons not employed by the insurer.
425	(4)  APPLICATION REQUIREMENTS.--Any insurer that wishes to
426	participate in this program must submit to the department an
427	application for tax credit which sets forth the proposal for
428	establishing a child care facility for the use of its employees
429	or for payment of the cost of child care for its employees. This
430	application must state the anticipated startup costs and the
431	number of children to be enrolled, in the case of credit claimed
432	under subparagraph (2)(a)1., or the number of children for whom
433	child care costs will be paid, in the case of credit claimed
434	under subparagraph (2)(a)2.
435	(5)  ADMINISTRATION.--
436	(a)  The Department of Revenue may adopt all rules pursuant
437	to the Administrative Procedure Act to administer this section,
438	including rules for the approval or disapproval of proposals
439	submitted by insurers and rules to provide for cooperative
440	arrangements between for-profit and not-for-profit entities.
441	(b)  The executive director's decision to approve or
442	disapprove a proposal must be in writing, and, if the proposal
443	is approved, the decision must state the maximum credit
444	allowable to the insurer.
445	(c)  All approvals for the granting of the tax credit
446	require prior verification by the Department of Children and
447	Family Services or local licensing agency that the insurer meets
448	the licensure requirements as defined in s. 402.302 and is
449	currently licensed in accordance with s. 402.305, or is a
450	facility providing daily care to children who are mildly ill.
451	(d)  Verification of the child care provider as an approved
452	facility must be in writing and must be attached to the credit
453	application form submitted to the Department of Revenue.
454	(6)  EXPIRATION.--This section expires on June 30, 2008,
455	except that paragraph (2)(e), which relates to carryover
456	credits, and paragraph (2)(f), which relates to repaying tax
457	credits in specified circumstances, do not expire on that date.
458	Reviser's note.--Amended to conform to the expiration
459	of all of the section except paragraphs (2)(e) and (f)
460	by the terms of subsection (6), effective June 30,
461	2008.
462	Section 20.  Section 626.97411, Florida Statutes, is
463	repealed.
464	Reviser's note.--The cited section, which relates to a
465	public records exemption for credit scoring
466	methodologies and related information filed with the
467	Office of Insurance Regulation, is repealed to confirm
468	the October 2, 2008, repeal of an exemption in
469	accordance with s. 119.15, the Open Government Sunset
470	Review Act.
471	Section 21.  Sections 921.0001, 921.001, 921.0011,
472	921.0012, 921.0013, 921.0014, 921.0015, 921.0016, and 921.005,
473	Florida Statutes, are repealed.
474	Reviser's note.--The cited sections, relating to
475	sentencing guidelines, were repealed by s. 1, ch. 97-
476	194, Laws of Florida, effective October 1, 1998. Since
477	the sections were not repealed by a "current session"
478	of the Legislature, they may be omitted from the 2009
479	Florida Statutes only through a reviser's bill duly
480	enacted by the Legislature. See s. 11.242(5)(b) and
481	(i). Section 43, ch. 97-194, directed the Division of
482	Statutory Revision to "leave the repealed statutory
483	provisions referenced herein in the Florida Statutes
484	for 10 years from October 1, 1998." Ten years have now
485	passed.
486	Section 22.  Sections 985.803, 985.804, 985.805, 985.806,
487	and 985.807, Florida Statutes, are repealed.
488	Reviser's note.--The cited sections, which relate to
489	specific duties associated with the Interstate Compact
490	on Juveniles, were repealed "effective July 1, 2005,
491	or upon enactment of the compact into law by the 35th
492	compacting state, whichever date occurs later,"
493	pursuant to s. 5, ch. 2005-80, Laws of Florida. The
494	replacement compact pursuant to ch. 2005-80, was
495	enacted by the 35th state, Illinois, on August 26,
496	2008.
497	Section 23.  Subsection (10) of section 1006.20, Florida
498	Statutes, is repealed.
499	Reviser's note.--The cited subsection, which relates
500	to a random drug testing program for certain athletic
501	programs in public schools, is repealed to confirm the
502	October 2, 2008, repeal of an exemption in accordance
503	with s. 119.15, the Open Government Sunset Review Act.
504	Section 24.  Section 1010.78, Florida Statutes, is
505	repealed.
506	Reviser's note.--The cited section, which relates to
507	the Projects, Contracts, and Grants Trust Fund, was
508	repealed by s. 5, ch. 2007-19, Laws of Florida,
509	effective July 1, 2008. Since the section was not
510	repealed by a "current session" of the Legislature, it
511	may be omitted from the 2009 Florida Statutes only
512	through a reviser's bill duly enacted by the
513	Legislature. See s. 11.242(5)(b) and (i).
514	Section 25.  Subsection (2) of section 775.0845, Florida
515	Statutes, is amended to read:
516	775.0845  Wearing mask while committing offense;
517	reclassification.--The felony or misdemeanor degree of any
518	criminal offense, other than a violation of ss. 876.12-876.15,
519	shall be reclassified to the next higher degree as provided in
520	this section if, while committing the offense, the offender was
521	wearing a hood, mask, or other device that concealed his or her
522	identity.
523	(2)(a)  In the case of a felony of the third degree, the
524	offense is reclassified to a felony of the second degree.
525	(b)  In the case of a felony of the second degree, the
526	offense is reclassified to a felony of the first degree.
527
528	For purposes of sentencing under chapter 921 and determining
529	incentive gain-time eligibility under chapter 944, a felony
530	offense that is reclassified under this subsection is ranked one
531	level above the ranking under former s. 921.0012, former s.
532	921.0013, s. 921.0022, or s. 921.0023 of the offense committed.
533	Reviser's note.--Amended to conform to the repeal of
534	ss. 921.0012 and 921.0013 by s. 1, ch. 97-194, Laws of
535	Florida.
536	Section 26.  This act shall take effect on the 60th day
537	after adjournment sine die of the session of the Legislature in
538	which enacted.

CODING: Words stricken are deletions; words underlined are additions.