ENROLLED
       2013 Legislature                                          SB 994
       
       
       
       
       
       
                                                              2013994er
    1  
    2         An act relating to the Florida Statutes; amending ss.
    3         17.28, 23.1231, 43.291, 110.118, 112.361, 119.0712,
    4         120.65, 201.165, 202.37, 207.021, 207.0281, 212.097,
    5         212.098, 215.61, 238.03, 258.0165, 288.1045, 288.108,
    6         288.706, 288.816, 316.0747, 316.525, 317.0005,
    7         320.0657, 320.0848, 322.161, 324.0221, 339.2817,
    8         339.55, 376.121, 376.317, 379.245, 380.0666, 391.304,
    9         391.305, 393.0641, 395.0185, 395.605, 397.99, 397.998,
   10         400.063, 400.176, 400.801, 402.22, 402.3025, 402.81,
   11         403.7191, 409.2576, 409.2578, 409.441, 409.9101,
   12         411.224, 414.158, 414.1585, 414.35, 415.1105,
   13         420.5091, 430.708, 430.902, 443.1312, 443.1313,
   14         455.2255, 456.053, 472.017, 489.146, 496.414, 497.381,
   15         501.0583, 509.036, 548.024, 559.10, 561.41, 578.26,
   16         582.055, 601.74, 601.76, 607.193, 624.487, 627.096,
   17         627.212, 627.917, 633.445, 641.316, 655.922, 658.995,
   18         668.704, 713.78, 713.785, 744.7021, 744.713, 766.304,
   19         865.09, 943.0543, 943.0544, 944.095, 945.73, 946.525,
   20         949.08, 985.66, 1011.48, 1011.51, 1011.765, 1012.467,
   21         and 1012.965, F.S.; and repealing ss. 112.358,
   22         199.1851, 220.1501, 328.44, 328.50, 403.0861,
   23         409.14511, 409.2675, 411.205, 553.897, 563.04, 564.04,
   24         601.75, 601.77, 601.78, 627.793, 634.289, 663.319, and
   25         984.05, F.S.; to conform to the directive of the
   26         Legislature in section 9 of chapter 2012-116, Laws of
   27         Florida, to prepare a reviser’s bill to omit all
   28         statutes and laws, or parts thereof, which grant
   29         duplicative, redundant, or unused rulemaking
   30         authority; amending ss. 213.053, 400.518, 556.116,
   31         564.06, and 601.80, F.S.; to conform to the changes
   32         made in this act; providing an effective date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 17.28, Florida Statutes, is amended to
   37  read:
   38         17.28 Chief Financial Officer may authorize biweekly salary
   39  payments.—The Chief Financial Officer may permit biweekly salary
   40  payments to personnel upon written request by a specific state
   41  agency. The Chief Financial Officer shall adopt reasonable rules
   42  to carry out the intent of this section.
   43         Section 2. Paragraph (c) of subsection (3) of section
   44  23.1231, Florida Statutes, is amended to read:
   45         23.1231 Florida Mutual Aid Plan; powers and duties.—
   46         (3) The department may:
   47         (c) Draft rules for mutual aid agreements;
   48         Section 3. Subsection (7) of section 43.291, Florida
   49  Statutes, is amended to read:
   50         43.291 Judicial nominating commissions.—
   51         (7) The Executive Office of the Governor shall provide all
   52  administrative support for each judicial nominating commission.
   53  The Executive Office of the Governor shall adopt rules necessary
   54  to administer this section.
   55         Section 4. Subsection (3) of section 110.118, Florida
   56  Statutes, is amended to read:
   57         110.118 Administrative leave for certain athletic
   58  competition.—
   59         (3) The department may adopt any rule necessary to carry
   60  out the purposes of this section.
   61         Section 5. Section 112.358, Florida Statutes, is repealed.
   62         Section 6. Subsection (8) of section 112.361, Florida
   63  Statutes, is amended to read:
   64         112.361 Additional and updated supplemental retirement
   65  benefits.—
   66         (8) ADMINISTRATION OF SYSTEM.—The department shall make
   67  such rules as are necessary for the effective and efficient
   68  administration of this section, and the cost to pay the expenses
   69  of such administration is hereby appropriated out of the
   70  appropriate fund pursuant to subsection (7).
   71         Section 7. Paragraph (d) of subsection (2) of section
   72  119.0712, Florida Statutes, is amended to read:
   73         119.0712 Executive branch agency-specific exemptions from
   74  inspection or copying of public records.—
   75         (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
   76         (d) The department may adopt rules to carry out the
   77  purposes of this subsection and the federal Driver’s Privacy
   78  Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. Rules adopted
   79  by the department may provide for the payment of applicable fees
   80  and, prior to the disclosure of personal information pursuant to
   81  this subsection or the federal Driver’s Privacy Protection Act
   82  of 1994, 18 U.S.C. ss. 2721 et seq., may require the meeting of
   83  conditions by the requesting person for the purposes of
   84  obtaining reasonable assurance concerning the identity of such
   85  requesting person, and, to the extent required, assurance that
   86  the use will be only as authorized or that the consent of the
   87  person who is the subject of the personal information has been
   88  obtained. Such conditions may include, but need not be limited
   89  to, the making and filing of a written application in such form
   90  and containing such information and certification requirements
   91  as the department requires.
   92         Section 8. Subsections (6) and (8) of section 120.65,
   93  Florida Statutes, are amended to read:
   94         120.65 Administrative law judges.—
   95         (6) By rule, the division may establish:
   96         (a) Further qualifications for administrative law judges
   97  and shall establish procedures by which candidates will be
   98  considered for employment or contract.
   99         (b) The manner in which public notice will be given of
  100  vacancies in the staff of administrative law judges.
  101         (c) Procedures for the assignment of administrative law
  102  judges.
  103         (8) The division shall have the authority to adopt
  104  reasonable rules to carry out the provisions of this act.
  105         Section 9. Section 199.1851, Florida Statutes, is repealed.
  106         Section 10. Subsection (1) of section 201.165, Florida
  107  Statutes, is amended to read:
  108         201.165 Credit for tax paid to other states.—
  109         (1) For a tax imposed by any section of this chapter, a
  110  credit against the specific tax imposed by that section is
  111  allowed in an amount equal to a like tax lawfully imposed and
  112  paid on the same document or instrument in another state,
  113  territory of the United States, or the District of Columbia. For
  114  purposes of this subsection, “like tax” means an excise tax on
  115  documents that is in substance identical to the tax imposed by
  116  this chapter on the same document. The credit may not exceed the
  117  tax imposed by this chapter on the document. Proof of
  118  entitlement to such a credit must be provided to the department.
  119  The department may adopt rules to implement this credit and
  120  designate forms that establish what proof is required.
  121         Section 11. Paragraph (c) of subsection (1) of section
  122  202.37, Florida Statutes, is amended to read:
  123         202.37 Special rules for administration of local
  124  communications services tax.—
  125         (1)
  126         (c) Notwithstanding any other provision of law to the
  127  contrary, if a dealer of communications services provides
  128  communications services solely within a single county, that
  129  county or any municipality located therein may perform an audit
  130  of such dealer with respect to communications services provided
  131  by such dealer within such county, including both the state and
  132  local components of the communications services tax imposed and
  133  any other tax administered pursuant to this chapter.
  134         1. Prior to the exercise of such authority, and for
  135  purposes of determining whether a dealer operates solely within
  136  one county, a local government may presume such localized
  137  operation if the dealer reports sales in a single county. Upon
  138  notice by the local government to the department of an intent to
  139  audit a dealer, the department shall notify the local government
  140  within 60 days if the department has issued a notice of intent
  141  to audit the dealer, or it shall notify the dealer of the local
  142  government’s request to audit.
  143         2. The dealer may, within 30 days, rebut the single-county
  144  operation presumption by providing evidence to the department
  145  that it provides communication services in more than one county
  146  in the state or that it is part of an affiliated group members
  147  of which provide communications services in more than one county
  148  in the state. An affiliated group is defined as one or more
  149  chains of includable corporations or partnerships connected
  150  through ownership with a common parent corporation or other
  151  partnership which is an includable corporation or partnership
  152  when the common parent corporation or partnership has ownership
  153  in at least one other includable corporation or partnership
  154  which generally satisfies the requirements of Internal Revenue
  155  Code s. 267 or Internal Revenue Code s. 707. If a dealer or a
  156  member of an affiliated group provides communications services
  157  in more than one county in the state, the department will notify
  158  the local government that no audit may be performed.
  159         3. If, during the course of an audit conducted pursuant to
  160  this paragraph, a local government determines that a dealer
  161  provided communications services in more than one county during
  162  the period under audit, the local government shall terminate the
  163  audit and notify the department of its findings.
  164         4. Local governments conducting audits shall be bound by
  165  department rules and technical assistance advisements issued
  166  during the course of an audit conducted pursuant to this
  167  paragraph. Local governments conducting communications services
  168  tax audits pursuant to this subparagraph, or taxpayers being
  169  audited pursuant to this subparagraph, may request and the
  170  department may issue technical assistance advisements pursuant
  171  to s. 213.22 regarding a pending audit issue. When the
  172  department is requested to issue a technical assistance
  173  advisement hereunder, it shall notify the affected local
  174  government or taxpayer of the request.
  175         5. Any audit performed hereunder shall obligate the local
  176  government to extend situsing work performed during such audit
  177  to include all addresses within the county. Such audit results
  178  shall be performed on behalf of and computed for each local
  179  government and unincorporated county area inside the subject
  180  county, and they shall be bound thereby.
  181         6. The review, protest, and collection of amounts due as
  182  the results of an audit performed hereunder shall be the
  183  responsibility of the local jurisdiction and shall be governed
  184  by s. 166.234 to the extent not inconsistent with this chapter.
  185         7. No fee or any portion of a fee for audits conducted on
  186  behalf of a municipality or county pursuant to this paragraph
  187  shall be based upon the amount assessed or collected as a result
  188  of the audit, and no determination based upon an audit conducted
  189  in violation of this prohibition shall be valid.
  190         8. All audits performed pursuant to this paragraph shall be
  191  in accordance with standards promulgated by the American
  192  Institute of Certified Public Accountants, the Institute of
  193  Internal Auditors, or the Comptroller General of the United
  194  States insofar as those standards are not inconsistent with
  195  rules of the Department of Revenue.
  196         9. Results of audits performed pursuant to this paragraph
  197  shall be valid for all jurisdictions within the subject county.
  198  The assessment, review, and collection of any amounts ultimately
  199  determined to be due as the result of such an audit will be the
  200  responsibility of the auditing jurisdiction, and any such
  201  collections from the dealer shall be remitted to the Department
  202  of Revenue along with appropriate instructions for distribution
  203  of such amounts. No entity subject to audit hereunder can be
  204  audited by any local jurisdiction for compliance with this
  205  chapter more frequently than once every 3 years.
  206         10. The department may adopt rules for the notification and
  207  determination processes established in this paragraph as well as
  208  for the information to be provided by a local government
  209  conducting an audit.
  210         Section 12. Subsection (1) of section 207.021, Florida
  211  Statutes, is amended to read:
  212         207.021 Informal conferences; settlement or compromise of
  213  taxes, penalties, or interest.—
  214         (1)(a) The department may establish adopt rules for
  215  establishing informal conferences for the resolution of disputes
  216  arising from the assessment of taxes, penalties, or interest or
  217  the denial of refunds under chapter 120.
  218         (b) During any proceeding arising under this section, the
  219  motor carrier has the right to be represented and to record all
  220  procedures at the motor carrier’s expense.
  221         Section 13. Subsection (6) of section 207.0281, Florida
  222  Statutes, is amended to read:
  223         207.0281 Registration; cooperative reciprocal agreements
  224  between states.—
  225         (6) The department may adopt rules for the administration
  226  and enforcement of the agreements.
  227         Section 14. Subsection (16) of section 212.097, Florida
  228  Statutes, is amended to read:
  229         212.097 Urban High-Crime Area Job Tax Credit Program.—
  230         (16) The Department of Revenue shall adopt rules governing
  231  the manner and form of applications for credit and may establish
  232  guidelines concerning the requisites for an affirmative showing
  233  of qualification for the credit under this section.
  234         Section 15. Subsection (12) of section 212.098, Florida
  235  Statutes, is amended to read:
  236         212.098 Rural Job Tax Credit Program.—
  237         (12) The department shall adopt rules governing the manner
  238  and form of applications for credit and may establish guidelines
  239  as to the requisites for an affirmative showing of qualification
  240  for the credit under this section.
  241         Section 16. Subsection (5) of section 215.61, Florida
  242  Statutes, is amended to read:
  243         215.61 State system of public education capital outlay
  244  bonds.—
  245         (5) The State Board of Education shall have the power to
  246  make and enforce all rules and regulations necessary to the full
  247  exercise of the powers herein granted.
  248         Section 17. Section 220.1501, Florida Statutes, is
  249  repealed.
  250         Section 18. Subsection (1) of section 238.03, Florida
  251  Statutes, is amended to read:
  252         238.03 Administration.—
  253         (1) The general administration and the responsibility for
  254  the proper operation of the retirement system and for making
  255  effective the provisions of this chapter are vested in the
  256  Department of Management Services. Subject to the limitation of
  257  this chapter, the department shall, from time to time, establish
  258  rules and regulations for the administration and transaction of
  259  the business of the retirement system and shall perform such
  260  other functions as are required for the execution of this
  261  chapter.
  262         Section 19. Subsection (5) of section 258.0165, Florida
  263  Statutes, is amended to read:
  264         258.0165 Defibrillators in state parks.—
  265         (5) The Division of Recreation and Parks may adopt rules
  266  pursuant to ss. 120.536(1) and 120.54 to implement the
  267  provisions of this section.
  268         Section 20. Paragraph (a) of subsection (6) of section
  269  288.1045, Florida Statutes, is amended to read:
  270         288.1045 Qualified defense contractor and space flight
  271  business tax refund program.—
  272         (6) ADMINISTRATION.—
  273         (a) The department may adopt rules pursuant to chapter 120
  274  for the administration of this section.
  275         Section 21. Subsection (7) of section 288.108, Florida
  276  Statutes, is amended to read:
  277         288.108 High-impact business.—
  278         (7) RULEMAKING.—The department may adopt rules necessary to
  279  carry out the provisions of this section.
  280         Section 22. Subsection (10) of section 288.706, Florida
  281  Statutes, is amended to read:
  282         288.706 Florida Minority Business Loan Mobilization
  283  Program.—
  284         (10) The Department of Management Services may adopt rules
  285  to implement the provisions of this section.
  286         Section 23. Subsection (2) of section 288.816, Florida
  287  Statutes, is amended to read:
  288         288.816 Intergovernmental relations.—
  289         (2) The state protocol officer shall be responsible for all
  290  consular relations between the state and all foreign governments
  291  doing business in Florida. The state protocol officer shall
  292  monitor United States laws and directives to ensure that all
  293  federal treaties regarding foreign privileges and immunities are
  294  properly observed. The state protocol officer shall promulgate
  295  rules which shall:
  296         (a) Establish a viable system of registration for foreign
  297  government officials residing or having jurisdiction in the
  298  state. Emphasis shall be placed on maintaining active
  299  communication between the state protocol officer and the United
  300  States Department of State in order to be currently informed
  301  regarding foreign governmental personnel stationed in, or with
  302  official responsibilities for, Florida. Active dialogue shall
  303  also be maintained with foreign countries which historically
  304  have had dealings with Florida in order to keep them informed of
  305  the proper procedure for registering with the state.
  306         (b) Maintain and systematically update a current and
  307  accurate list of all such foreign governmental officials,
  308  consuls, or consulates.
  309         (c) Issue certificates to such foreign governmental
  310  officials after verification pursuant to proper investigations
  311  through United States Department of State sources and the
  312  appropriate foreign government.
  313         (d) Verify entitlement to sales and use tax exemptions
  314  pursuant to United States Department of State guidelines and
  315  identification methods.
  316         (e) Verify entitlement to issuance of special motor vehicle
  317  license plates by the Department of Highway Safety and Motor
  318  Vehicles to honorary consuls or such other officials
  319  representing foreign governments who are not entitled to
  320  issuance of special Consul Corps license plates by the United
  321  States Government.
  322         (f) Establish a system of communication to provide all
  323  state and local law enforcement agencies with information
  324  regarding proper procedures relating to the arrest or
  325  incarceration of a foreign citizen.
  326         (g) Request the Department of Law Enforcement to provide
  327  transportation and protection services when necessary pursuant
  328  to s. 943.68.
  329         (h) Coordinate, when necessary, special activities between
  330  foreign governments and Florida state and local governments.
  331  These may include Consular Corps Day, Consular Corps
  332  conferences, and various other social, cultural, or educational
  333  activities.
  334         (i) Notify all newly arrived foreign governmental officials
  335  of the services offered by the state protocol officer.
  336         Section 24. Subsection (2) of section 316.0747, Florida
  337  Statutes, is amended to read:
  338         316.0747 Sale or purchase of traffic control devices by
  339  nongovernmental entities; prohibitions.—
  340         (2) Nongovernmental entities to which the general public is
  341  invited to travel shall install and maintain uniform traffic
  342  control devices at appropriate locations pursuant to the
  343  standards set forth by the Manual on Uniform Traffic Control
  344  Devices as adopted by the Department of Transportation pursuant
  345  to s. 316.0745. Businesses the parking lots of which do not
  346  provide intersecting lanes of traffic and businesses having
  347  fewer than 25 parking spaces are exempt from the provisions of
  348  this subsection. The Department of Transportation shall adopt
  349  rules to implement this section.
  350         Section 25. Subsection (2) of section 316.525, Florida
  351  Statutes, is amended to read:
  352         316.525 Requirements for vehicles hauling loads.—
  353         (2) The Department of Transportation shall promulgate rules
  354  with respect to the type and suitability of nylon strapping to
  355  be used in compliance with this section.
  356         Section 26. Section 317.0005, Florida Statutes, is amended
  357  to read:
  358         317.0005 Rules, Forms, and notices.—
  359         (1) The department may adopt rules pursuant to ss.
  360  120.536(1) and 120.54, which pertain to off-highway vehicle
  361  titling, in order to implement the provisions of this chapter
  362  conferring duties upon it.
  363         (2) The department shall prescribe and provide suitable
  364  forms for applications and other notices and forms necessary to
  365  administer the provisions of this chapter.
  366         Section 27. Subsection (5) of section 320.0657, Florida
  367  Statutes, is amended to read:
  368         320.0657 Permanent registration; fleet license plates.—
  369         (5) The department may adopt rules to comply with this
  370  section.
  371         Section 28. Subsection (12) of section 320.0848, Florida
  372  Statutes, is amended to read:
  373         320.0848 Persons who have disabilities; issuance of
  374  disabled parking permits; temporary permits; permits for certain
  375  providers of transportation services to persons who have
  376  disabilities.—
  377         (12) The Department of Highway Safety and Motor Vehicles
  378  shall adopt rules to administer this section.
  379         Section 29. Subsection (3) of section 322.161, Florida
  380  Statutes, is amended to read:
  381         322.161 High-risk drivers; restricted licenses.—
  382         (3) The department shall adopt rules to carry out the
  383  purposes of this section.
  384         Section 30. Paragraph (a) of subsection (1) of section
  385  324.0221, Florida Statutes, is amended to read:
  386         324.0221 Reports by insurers to the department; suspension
  387  of driver’s license and vehicle registrations; reinstatement.—
  388         (1)(a) Each insurer that has issued a policy providing
  389  personal injury protection coverage or property damage liability
  390  coverage shall report the renewal, cancellation, or nonrenewal
  391  thereof to the department within 45 days after the effective
  392  date of each renewal, cancellation, or nonrenewal. Upon the
  393  issuance of a policy providing personal injury protection
  394  coverage or property damage liability coverage to a named
  395  insured not previously insured by the insurer during that
  396  calendar year, the insurer shall report the issuance of the new
  397  policy to the department within 30 days. The report shall be in
  398  the form and format and contain any information required by the
  399  department and must be provided in a format that is compatible
  400  with the data processing capabilities of the department. The
  401  department may adopt rules regarding the form and documentation
  402  required. Failure by an insurer to file proper reports with the
  403  department as required by this subsection or rules adopted with
  404  respect to the requirements of this subsection constitutes a
  405  violation of the Florida Insurance Code. These records shall be
  406  used by the department only for enforcement and regulatory
  407  purposes, including the generation by the department of data
  408  regarding compliance by owners of motor vehicles with the
  409  requirements for financial responsibility coverage.
  410         Section 31. Section 328.44, Florida Statutes, is repealed.
  411         Section 32. Section 328.50, Florida Statutes, is repealed.
  412         Section 33. Subsection (5) of section 339.2817, Florida
  413  Statutes, is amended to read:
  414         339.2817 County Incentive Grant Program.—
  415         (5) The department is authorized to adopt rules to
  416  administer the County Incentive Grant Program.
  417         Section 34. Subsection (9) of section 339.55, Florida
  418  Statutes, is amended to read:
  419         339.55 State-funded infrastructure bank.—
  420         (9) The department is authorized to adopt rules to
  421  implement the state-funded infrastructure bank.
  422         Section 35. Paragraph (b) of subsection (2) and subsection
  423  (14) of section 376.121, Florida Statutes, are amended to read:
  424         376.121 Liability for damage to natural resources.—The
  425  Legislature finds that extensive damage to the state’s natural
  426  resources is the likely result of a pollutant discharge and that
  427  it is essential that the state adequately assess and recover the
  428  cost of such damage from responsible parties. It is the state’s
  429  goal to recover the costs of restoration from the responsible
  430  parties and to restore damaged natural resources to their
  431  predischarge condition. In many instances, however, restoration
  432  is not technically feasible. In such instances, the state has
  433  the responsibility to its citizens to recover the cost of all
  434  damage to natural resources. To ensure that the public does not
  435  bear a substantial loss as a result of the destruction of
  436  natural resources, the procedures set out in this section shall
  437  be used to assess the cost of damage to such resources. Natural
  438  resources include coastal waters, wetlands, estuaries, tidal
  439  flats, beaches, lands adjoining the seacoasts of the state, and
  440  all living things except human beings. The Legislature
  441  recognizes the difficulty historically encountered in
  442  calculating the value of damaged natural resources. The value of
  443  certain qualities of the state’s natural resources is not
  444  readily quantifiable, yet the resources and their qualities have
  445  an intrinsic value to the residents of the state, and any damage
  446  to natural resources and their qualities should not be dismissed
  447  as nonrecoverable merely because of the difficulty in
  448  quantifying their value. In order to avoid unnecessary
  449  speculation and expenditure of limited resources to determine
  450  these values, the Legislature hereby establishes a schedule for
  451  compensation for damage to the state’s natural resources and the
  452  quality of said resources. As an alternative to the compensation
  453  schedule described in subsections (4), (5), (6), and (9), the
  454  department, when no responsible party is identified, when a
  455  responsible party opts out of the formula pursuant to paragraph
  456  (10)(a), or when the department conducts a cooperative damage
  457  assessment with federal agencies, may use methods of calculating
  458  natural resources damages in accordance with federal rules
  459  implementing the Oil Pollution Act of 1990, as amended.
  460         (2) The compensation schedule for damage to natural
  461  resources is based upon the cost of restoration and the loss of
  462  ecological, consumptive, intrinsic, recreational, scientific,
  463  economic, aesthetic, and educational values of such injured or
  464  destroyed resources. The compensation schedule takes into
  465  account:
  466         (b) The characteristics of the pollutant discharged. The
  467  toxicity, dispersibility, solubility, and persistence
  468  characteristics of a pollutant as affects the severity of the
  469  effects on the receiving environment, living things, and
  470  recreational and aesthetic resources. Pollutants have varying
  471  propensities to injure natural resources based upon their
  472  potential exposure and effects. Exposure to natural resources is
  473  determined by the dispersibility and degradability of the
  474  pollutant. Effects to natural resources result from mechanical
  475  injury and toxicity and include physical contamination,
  476  smothering, feeding prevention, immobilization, respiratory
  477  distress, direct mortality, lost recruitment of larvae and
  478  juveniles killed, changes in the food web, and chronic effects
  479  of sublethal levels of contaminates in tissues or the
  480  environment. For purposes of the compensation schedule,
  481  pollutants have been ranked for their propensity to cause injury
  482  to natural resources based upon a combination of their acute
  483  toxicity, mechanical injury, degradability, and dispersibility
  484  characteristics on a 1-to-3 relative scale with Category 1
  485  containing the pollutants with the greatest propensity to cause
  486  injury to natural resources. The following pollutants are
  487  categorized:
  488         1. Category 1: bunker and residual fuel.
  489         2. Category 2: waste oils, crude oil, lubricating oil,
  490  asphalt, and tars.
  491         3. Category 3: hydraulic fluids, numbers 1 and 2 diesel
  492  fuels, heating oil, jet aviation fuels, motor gasoline,
  493  including aviation gasoline, kerosene, stationary turbine fuels,
  494  ammonia and its derivatives, and chlorine and its derivatives.
  495  
  496  The department shall adopt rules establishing the pollutant
  497  category of pesticides and other pollutants as defined in s.
  498  376.031 and not listed in this paragraph.
  499         (14) The department shall adopt rules necessary or
  500  convenient for carrying out the duties, obligations, powers, and
  501  responsibilities set forth in this section.
  502         Section 36. Subsection (5) of section 376.317, Florida
  503  Statutes, is amended to read:
  504         376.317 Superseded laws; state preemption.—
  505         (5) The department is authorized to adopt rules that permit
  506  any county government to establish, in accordance with s.
  507  403.182, a program regulating underground storage tanks, which
  508  program is more stringent or extensive than that established by
  509  any state law or rule regulating underground storage tanks. The
  510  department shall approve or deny a request by a county for
  511  approval of an ordinance establishing such a program according
  512  to the procedures and time limits of s. 120.60. When adopting
  513  the rules, The department shall consider local conditions that
  514  warrant such more stringent or extensive regulation of
  515  underground storage tanks, including, but not limited to, the
  516  proximity of the county to a sole or single-source aquifer, the
  517  potential threat to the public water supply because of the
  518  proximity of underground storage tanks to public wells or
  519  groundwater, or the detection of petroleum products in public or
  520  private water supplies.
  521         Section 37. Subsection (6) of section 379.245, Florida
  522  Statutes, is amended to read:
  523         379.245 Spiny lobster reports by dealers during closed
  524  season required.—
  525         (6) The Fish and Wildlife Conservation Commission may adopt
  526  rules incorporating by reference such forms as are necessary to
  527  administer this section.
  528         Section 38. Subsection (9) of section 380.0666, Florida
  529  Statutes, is amended to read:
  530         380.0666 Powers of land authority.—The land authority shall
  531  have all the powers necessary or convenient to carry out and
  532  effectuate the purposes and provisions of this act, including
  533  the following powers, which are in addition to all other powers
  534  granted by other provisions of this act:
  535         (9) To make rules pursuant to the provisions of chapter 120
  536  necessary to carry out the purposes of this act and to exercise
  537  any power granted in this act.
  538         Section 39. Subsection (1) of section 391.304, Florida
  539  Statutes, is amended to read:
  540         391.304 Program coordination.—
  541         (1) The Department of Health shall:
  542         (a) develop a plan for statewide implementation of the
  543  developmental evaluation and intervention program.
  544         (b) Develop rules, procedures, and contracts to implement
  545  the developmental evaluation and intervention program.
  546         Section 40. Section 391.305, Florida Statutes, is amended
  547  to read:
  548         391.305 Program standards; rules.—The Department of Health
  549  shall adopt rules for the administration of the developmental
  550  evaluation and intervention program. The rules shall specify
  551  standards for the development and operation of the program,
  552  including, but not limited to:
  553         (1) Standards governing the eligibility for program
  554  services and the requirements of the population to be served.
  555         (2) Criteria for determining an infant’s or a toddler’s
  556  need for developmental evaluation and intervention program
  557  services.
  558         (3) Minimum developmental evaluation and intervention and
  559  support services.
  560         (4) Program staff requirements and personnel
  561  qualifications.
  562         (5) Reporting and program evaluation procedures.
  563         Section 41. Subsection (5) of section 393.0641, Florida
  564  Statutes, is amended to read:
  565         393.0641 Program for the prevention and treatment of severe
  566  self-injurious behavior.—
  567         (5) The agency may license this program and adopt rules to
  568  administer the program.
  569         Section 42. Section 395.0185, Florida Statutes, is amended
  570  to read:
  571         395.0185 Rebates prohibited; penalties.—
  572         (1) It is unlawful for any person to pay or receive any
  573  commission, bonus, kickback, or rebate or engage in any split
  574  fee arrangement, in any form whatsoever, with any physician,
  575  surgeon, organization, or person, either directly or indirectly,
  576  for patients referred to a licensed facility.
  577         (2) The agency shall enforce adopt rules which assess
  578  administrative penalties for acts prohibited in subsection (1).
  579  In the case of an entity licensed by the agency, such penalties
  580  may include any disciplinary action available to the agency
  581  under the appropriate licensing laws. In the case of an entity
  582  not licensed by the agency, administrative such penalties may
  583  include:
  584         (a) A fine not to exceed $1,000.
  585         (b) If applicable, a recommendation by the agency to the
  586  appropriate licensing board that disciplinary action be taken.
  587         Section 43. Subsections (8) and (9) of section 395.605,
  588  Florida Statutes, are amended to read:
  589         395.605 Emergency care hospitals.—
  590         (8) The agency shall adopt rules for facility licensure
  591  that conform to s. 395.1055. Rules shall include the following
  592  provisions:
  593         (a) Emergency care hospitals shall have agreements with
  594  other hospitals, skilled nursing facilities, home health
  595  agencies, and with providers of diagnostic-imaging and
  596  laboratory services that are not provided on site but are needed
  597  by patients.
  598         (b) All patients shall be under the care of a physician or
  599  under the care of a nurse practitioner or physician assistant
  600  supervised by a physician.
  601         (c) A physician, nurse practitioner, or physician assistant
  602  shall be on duty at all times, or a physician shall be on call
  603  and available within 30 minutes at all times.
  604         (d) All compounding, packaging, and dispensing of drugs and
  605  biologicals shall be under the supervision of a pharmacist.
  606         (e) Diagnostic radiologic services and clinical laboratory
  607  services shall be maintained at the facility or shall be
  608  available to meet the needs of its patients.
  609         (f) Clinical laboratory services provided by the facility
  610  shall, at a minimum, include:
  611         1. Chemical examinations of urine by stick or tablet
  612  methods, or both (including urine ketones).
  613         2. Microscopic examinations of urine sediment.
  614         3. Hemoglobin or hematocrit.
  615         4. Blood sugar.
  616         5. Gram stain.
  617         6. Examination of stool specimens for occult blood.
  618         7. Pregnancy tests.
  619         8. Primary culturing for transmittal to a certified
  620  laboratory.
  621         9. Sediment rate, CBC.
  622         (9) The agency may use specific diagnosis-related groups,
  623  ICD-9 codes, or similar patient illness-severity classification
  624  schemes to define the scope of inpatient care in emergency care
  625  hospitals in lieu of the 96-hour inpatient care limitation. The
  626  methodology used for determining the scope of inpatient care
  627  permitted in emergency care hospitals shall be included in rule.
  628         Section 44. Subsection (5) of section 397.99, Florida
  629  Statutes, is amended to read:
  630         397.99 School substance abuse prevention partnership
  631  grants.—
  632         (5) The department shall establish rules as necessary to
  633  implement this section.
  634         Section 45. Subsection (6) of section 397.998, Florida
  635  Statutes, is amended to read:
  636         397.998 Drug-free communities support match grants.—
  637         (6) RULES.—The department is authorized to adopt rules
  638  specifically to address procedures necessary to administer the
  639  drug-free communities match grants as provided in this section.
  640         Section 46. Subsection (4) of section 400.063, Florida
  641  Statutes, is amended to read:
  642         400.063 Resident protection.—
  643         (4) The agency is authorized to adopt rules necessary to
  644  implement this section.
  645         Section 47. Section 400.176, Florida Statutes, is amended
  646  to read:
  647         400.176 Rebates prohibited; penalties.—
  648         (1) It is unlawful for any person to pay or receive any
  649  commission, bonus, kickback, or rebate or engage in any split
  650  fee arrangement in any form whatsoever with any physician,
  651  surgeon, organization, agency, or person, either directly or
  652  indirectly, for residents referred to a nursing home licensed
  653  under this part.
  654         (2) The agency shall enforce adopt rules which assess
  655  administrative penalties for acts prohibited by subsection (1).
  656  In the case of an entity licensed by the agency, such penalties
  657  may include any disciplinary action available to the agency
  658  under the appropriate licensing laws. In the case of an entity
  659  not licensed by the agency, administrative such penalties may
  660  include:
  661         (a) A fine not to exceed $5,000; and
  662         (b) If applicable, a recommendation by the agency to the
  663  appropriate licensing board that disciplinary action be taken.
  664         Section 48. Subsection (4) of section 400.801, Florida
  665  Statutes, is amended to read:
  666         400.801 Homes for special services.—
  667         (4) The agency may adopt rules for implementing and
  668  enforcing this section and part II of chapter 408.
  669         Section 49. Subsections (5) and (6) of section 402.22,
  670  Florida Statutes, are amended to read:
  671         402.22 Education program for students who reside in
  672  residential care facilities operated by the Department of
  673  Children and Family Services or the Agency for Persons with
  674  Disabilities.—
  675         (5) Instructional and special educational services that are
  676  provided to clients with mental illness or developmental
  677  disabilities of the department’s or agency’s residential care
  678  facilities by local school districts shall not be less than 180
  679  days or 900 hours; however, the 900 hours may be distributed
  680  over a 12-month period, unless otherwise stated in rules
  681  developed by the State Board of Education, with the concurrence
  682  of the department or agency and adopted pursuant to subsection
  683  (6).
  684         (6) The State Board of Education, the Department of
  685  Children and Family Services, and the Agency for Persons with
  686  Disabilities may adopt rules to assist in the orderly transfer
  687  of the instruction of students from department or agency
  688  residential care facilities to the district school system or to
  689  the public education agency and which shall assist in
  690  implementing the specific intent as stated in this act.
  691         Section 50. Paragraph (c) of subsection (1) and subsection
  692  (3) of section 402.3025, Florida Statutes, are amended to read:
  693         402.3025 Public and nonpublic schools.—For the purposes of
  694  ss. 402.301-402.319, the following shall apply:
  695         (1) PUBLIC SCHOOLS.—
  696         (c) The State Board of Education shall adopt rules to
  697  implement this subsection, including standards for programs in
  698  subparagraphs (a)2. and 3., which recognize the vulnerability of
  699  children under 5 years of age and make special provisions to
  700  ensure their health and safety. Such rules shall include, but
  701  not be limited to, facilities, personnel staffing and
  702  qualifications, transportation, and health and safety practices.
  703  In preparing such rules, the Commissioner of Education shall
  704  review the standards already existing in the state and the
  705  recommendations of appropriate professional and accreditation
  706  agencies.
  707         (3) INSPECTION FEE.—The department shall establish by rule
  708  a fee for inspection activities performed pursuant to this
  709  section, in an amount sufficient to cover costs. However, the
  710  amount of such fee for the inspection of a school shall not
  711  exceed the fee imposed for child care licensure pursuant to s.
  712  402.315.
  713         Section 51. Subsection (4) of section 402.81, Florida
  714  Statutes, is amended to read:
  715         402.81 Pharmaceutical expense assistance.—
  716         (4) ADMINISTRATION.—The pharmaceutical expense assistance
  717  program shall be administered by the agency, in collaboration
  718  with the Department of Elderly Affairs and the Department of
  719  Children and Family Services.
  720         (a) The agency may adopt rules pursuant to ss. 120.536(1)
  721  and 120.54 to implement the provisions of this section.
  722         (b) By January 1 of each year, the agency shall report to
  723  the Legislature on the operation of the program. The report
  724  shall include information on the number of individuals served,
  725  use rates, and expenditures under the program.
  726         Section 52. Section 403.0861, Florida Statutes, is
  727  repealed.
  728         Section 53. Subsection (8) of section 403.7191, Florida
  729  Statutes, is amended to read:
  730         403.7191 Toxics in packaging.—
  731         (8) RULES.—The department is authorized to adopt rules to
  732  implement the provisions of this section.
  733         Section 54. Section 409.14511, Florida Statutes, is
  734  repealed.
  735         Section 55. Subsection (10) of section 409.2576, Florida
  736  Statutes, is amended to read:
  737         409.2576 State Directory of New Hires.—
  738         (10) RULEMAKING AUTHORITY.—The Department of Revenue shall
  739  have the authority to adopt rules to implement this section.
  740         Section 56. Subsection (4) of section 409.2578, Florida
  741  Statutes, is amended to read:
  742         409.2578 Access to employment information; administrative
  743  fine.—
  744         (4) The Title IV-D agency has the authority to adopt rules
  745  and procedures to implement this section.
  746         Section 57. Section 409.2675, Florida Statutes, is
  747  repealed.
  748         Section 58. Subsection (3) of section 409.441, Florida
  749  Statutes, is amended to read:
  750         409.441 Runaway youth programs and centers.—
  751         (3) CRITERIA FOR LICENSING OF CENTERS; STANDARD SERVICES.—
  752         (a) No later than September 1, 1984, the department shall
  753  adopt rules pertaining to uniform licensing criteria for runaway
  754  youth centers.
  755         (b) The department shall establish standard services for
  756  runaway youth centers which can be monitored and evaluated, and
  757  the establishment of these services shall be a prerequisite to
  758  receiving state funds. Such services shall include, but are not
  759  limited to:
  760         (a)1. Programs for outreach and prevention for troubled
  761  youths and runaway youths and their families.
  762         (b)2. Early intervention counseling services for troubled
  763  youths and runaway youths and their families, with 24-hour
  764  access geared toward crisis or time-of-need intervention.
  765         (c)3. Temporary or short-term shelter, food, and clothing.
  766         (d)4. Uniform and confidential intake and records systems.
  767         (e)5. Provision for aftercare including individual and
  768  family counseling services.
  769         (f)6. Programs for advocacy for client population and
  770  community support.
  771         (g)7. Provisions for case management and referral from
  772  service to service.
  773         Section 59. Subsection (11) of section 409.9101, Florida
  774  Statutes, is amended to read:
  775         409.9101 Recovery for payments made on behalf of Medicaid
  776  eligible persons.—
  777         (11) The agency is authorized to adopt rules to implement
  778  the provisions of this section.
  779         Section 60. Section 411.205, Florida Statutes, is repealed.
  780         Section 61. Subsection (10) of section 411.224, Florida
  781  Statutes, is amended to read:
  782         411.224 Family support planning process.—The Legislature
  783  establishes a family support planning process to be used by the
  784  Department of Children and Family Services as the service
  785  planning process for targeted individuals, children, and
  786  families under its purview.
  787         (10) The Department of Children and Family Services, the
  788  Department of Health, and the Department of Education shall
  789  adopt rules necessary to implement this act.
  790         Section 62. Subsection (4) of section 414.158, Florida
  791  Statutes, is amended to read:
  792         414.158 Diversion program to prevent or reduce child abuse
  793  and neglect.—
  794         (4) The department, in consultation with Healthy Families
  795  Florida, may establish additional requirements related to
  796  services or one-time payments, and the department is authorized
  797  to adopt rules relating to maximum amounts of such one-time
  798  payments.
  799         Section 63. Subsection (4) of section 414.1585, Florida
  800  Statutes, is amended to read:
  801         414.1585 Diversion program for families at risk of welfare
  802  dependency due to substance abuse or mental illness.—
  803         (4) The department is authorized to adopt rules governing
  804  the administration of this section and may establish additional
  805  criteria related to services, client need, or one-time payments.
  806  The department may establish maximum amounts of one-time
  807  payments in rule.
  808         Section 64. Section 414.35, Florida Statutes, is amended to
  809  read:
  810         414.35 Emergency relief.—
  811         (1) The department shall adopt rules for the administration
  812  of emergency assistance programs delegated to the department
  813  either by executive order in accordance with the Disaster Relief
  814  Act of 1974 or pursuant to the Food and Nutrition Act of 2008.
  815         (2) In promulgating the rules required in this section, the
  816  department shall give particular consideration to the prevention
  817  of fraud in emergency assistance programs. Such rules shall, at
  818  a minimum, provide for:
  819         (a) Verification of an applicant’s identity and address.
  820         (b) Determination of an applicant’s need for assistance and
  821  verification of an applicant’s need in accordance with
  822  appropriate federal law and regulations.
  823         (c) The timely and adequate dissemination of accurate
  824  certification information to local emergency management
  825  agencies.
  826         (3) In administering emergency food assistance and other
  827  emergency assistance programs, the department shall cooperate
  828  fully with the United States Government and with other
  829  departments, instrumentalities, and agencies of this state.
  830         Section 65. Subsection (1) of section 415.1105, Florida
  831  Statutes, is amended to read:
  832         415.1105 Training programs.—
  833         (1) The department shall develop rules governing preservice
  834  and inservice training for adult protective investigation staff
  835  and, within available resources, shall provide appropriate
  836  preservice and inservice training for adult protective
  837  investigation to such staff.
  838         Section 66. Subsection (1) of section 420.5091, Florida
  839  Statutes, is amended to read:
  840         420.5091 HOPE Program.—
  841         (1) The corporation may adopt rules to implement the HOPE
  842  Program, created by the 1990 National Affordable Housing Act, to
  843  make loans and grants, foreclose on any mortgage or security
  844  interest, or commence any legal action to protect the interest
  845  of the corporation and recover the amount of the unpaid
  846  principal, accrued interest, and fees. The corporation may
  847  acquire real and personal property or any interest in the
  848  property if that acquisition is necessary to protect any loan;
  849  sell, transfer, and convey any such property to a buyer without
  850  regard to the provisions of chapters 253 and 270; and, if that
  851  sale, transfer, or conveyance cannot be effected within a
  852  reasonable time, lease such property for occupancy by eligible
  853  persons. All sums recovered from the sale, transfer, conveyance,
  854  or lease of such property shall be deposited into the HOME
  855  Investment Partnership Fund.
  856         Section 67. Subsection (3) of section 430.708, Florida
  857  Statutes, is amended to read:
  858         430.708 Certificate of need.—To ensure that Medicaid
  859  community diversion pilot projects result in a reduction in the
  860  projected average monthly nursing home caseload, the agency
  861  shall, in accordance with the provisions of s. 408.034(5):
  862         (3) Adopt rules to reduce the number of beds in Medicaid
  863  participating nursing homes eligible for Medicaid, through a
  864  Medicaid-selective contracting process or some other appropriate
  865  method.
  866         Section 68. Subsection (4) of section 430.902, Florida
  867  Statutes, is amended to read:
  868         430.902 Multiservice senior center.—
  869         (4) The department may adopt rules to implement the
  870  provisions of this section.
  871         Section 69. Subsection (6) of section 443.1312, Florida
  872  Statutes, is amended to read:
  873         443.1312 Reimbursements; nonprofit organizations.—Benefits
  874  paid to employees of nonprofit organizations shall be financed
  875  in accordance with this section.
  876         (6) GROUP EMPLOYMENT RECORDS.—Two or more employers that
  877  become reimbursing employers under subsection (2) and s.
  878  443.121(3) may file a joint application with the tax collection
  879  service provider for the establishment of a group employment
  880  record for the purpose of sharing the cost of benefits paid that
  881  are attributable to service in the employ of the employers. Each
  882  application must identify and authorize a group representative
  883  to act as the group’s agent for the purposes of this subsection.
  884  Upon its approval of the application, the tax collection service
  885  provider shall establish a group employment record for the
  886  employers which is effective at the beginning of the calendar
  887  year in which the service provider receives the application and
  888  shall notify the group’s representative of the effective date of
  889  the employment record. Each group employment record remains in
  890  effect until terminated and must remain in effect at least 2
  891  calendar years before it may be terminated. A group employment
  892  record may be terminated by the tax collection service provider
  893  on its own motion or upon application by the group. Upon
  894  establishment of a group employment record, the amount of
  895  benefits payable by each member of the group for a calendar
  896  quarter is a proportionate share of the total benefits paid
  897  during the quarter which are attributable to service performed
  898  in the employ of all members of the group in the same ratio as
  899  the total wages paid for service in employment by the member
  900  during the quarter, as compared to the total wages paid during
  901  the quarter for service performed in the employ of all members
  902  of the group. The state agency providing tax collection services
  903  may adopt rules prescribing applications and procedures for
  904  establishing, maintaining, and terminating group employment
  905  records authorized by this subsection; for adding of new members
  906  to, and withdrawal of active members from, group employment
  907  records; and for determining the amounts that are payable under
  908  this subsection by members of the group and the time and manner
  909  of those payments.
  910         Section 70. Subsection (3) of section 443.1313, Florida
  911  Statutes, is amended to read:
  912         443.1313 Public employers; reimbursements; election to pay
  913  contributions.—Benefits paid to employees of a public employer,
  914  as defined in s. 443.036, based on service described in s.
  915  443.1216(2) shall be financed in accordance with this section.
  916         (3) CHANGE OF ELECTION.—Upon electing to be a reimbursing
  917  or contributing employer under this section, a public employer
  918  may not change this election for at least 2 calendar years. This
  919  subsection does not prevent a public employer subject to this
  920  subsection from changing its election after completing 2
  921  calendar years under another financing method if the new
  922  election is timely filed. The state agency providing
  923  reemployment assistance tax collection services may adopt rules
  924  prescribing procedures for changing methods of reporting.
  925         Section 71. Subsection (2) of section 455.2255, Florida
  926  Statutes, is amended to read:
  927         455.2255 Classification of disciplinary actions.—
  928         (2) The department may establish a schedule classifying
  929  violations according to the severity of the violation. After the
  930  expiration of set periods of time, the department may provide
  931  for such disciplinary records to become inactive, according to
  932  their classification. After the disciplinary record has become
  933  inactive, the department may clear the violation from the
  934  disciplinary record and the subject person or business may
  935  lawfully deny or fail to acknowledge such disciplinary actions.
  936  The department may adopt rules to implement this subsection.
  937         Section 72. Paragraphs (b) and (g) of subsection (5) of
  938  section 456.053, Florida Statutes, are amended to read:
  939         456.053 Financial arrangements between referring health
  940  care providers and providers of health care services.—
  941         (5) PROHIBITED REFERRALS AND CLAIMS FOR PAYMENT.—Except as
  942  provided in this section:
  943         (b) A health care provider may not refer a patient for the
  944  provision of any other health care item or service to an entity
  945  in which the health care provider is an investor unless:
  946         1. The provider’s investment interest is in registered
  947  securities purchased on a national exchange or over-the-counter
  948  market and issued by a publicly held corporation:
  949         a. Whose shares are traded on a national exchange or on the
  950  over-the-counter market; and
  951         b. Whose total assets at the end of the corporation’s most
  952  recent fiscal quarter exceeded $50 million; or
  953         2. With respect to an entity other than a publicly held
  954  corporation described in subparagraph 1., and a referring
  955  provider’s investment interest in such entity, each of the
  956  following requirements are met:
  957         a. No more than 50 percent of the value of the investment
  958  interests are held by investors who are in a position to make
  959  referrals to the entity.
  960         b. The terms under which an investment interest is offered
  961  to an investor who is in a position to make referrals to the
  962  entity are no different from the terms offered to investors who
  963  are not in a position to make such referrals.
  964         c. The terms under which an investment interest is offered
  965  to an investor who is in a position to make referrals to the
  966  entity are not related to the previous or expected volume of
  967  referrals from that investor to the entity.
  968         d. There is no requirement that an investor make referrals
  969  or be in a position to make referrals to the entity as a
  970  condition for becoming or remaining an investor.
  971         3. With respect to either such entity or publicly held
  972  corporation:
  973         a. The entity or corporation does not loan funds to or
  974  guarantee a loan for an investor who is in a position to make
  975  referrals to the entity or corporation if the investor uses any
  976  part of such loan to obtain the investment interest.
  977         b. The amount distributed to an investor representing a
  978  return on the investment interest is directly proportional to
  979  the amount of the capital investment, including the fair market
  980  value of any preoperational services rendered, invested in the
  981  entity or corporation by that investor.
  982         4. Each board and, in the case of hospitals, the Agency for
  983  Health Care Administration, shall encourage the use by licensees
  984  of the declaratory statement procedure to determine the
  985  applicability of this section or any rule adopted pursuant to
  986  this section as it applies solely to the licensee. Boards shall
  987  submit to the Agency for Health Care Administration the name of
  988  any entity in which a provider investment interest has been
  989  approved pursuant to this section, and the Agency for Health
  990  Care Administration shall adopt rules providing for periodic
  991  quality assurance and utilization review of such entities.
  992         (g) A violation of this section by a health care provider
  993  shall constitute grounds for disciplinary action to be taken by
  994  the applicable board pursuant to s. 458.331(2), s. 459.015(2),
  995  s. 460.413(2), s. 461.013(2), s. 463.016(2), or s. 466.028(2).
  996  Any hospital licensed under chapter 395 found in violation of
  997  this section shall be subject to the rules adopted by the Agency
  998  for Health Care Administration pursuant to s. 395.0185(2).
  999         Section 73. Section 472.017, Florida Statutes, is amended
 1000  to read:
 1001         472.017 Renewal of license.—
 1002         (1) The department shall renew a license upon receipt of
 1003  the renewal application and fee, upon proof of compliance with
 1004  the continuing education requirement of s. 472.018, and, if a
 1005  demonstration of competency is required by law or rule, upon
 1006  certification by the board that the licensee has satisfactorily
 1007  demonstrated his or her competence in surveying and mapping.
 1008         (2) The department shall adopt rules establishing a
 1009  procedure for the biennial renewal of licenses.
 1010         Section 74. Section 489.146, Florida Statutes, is amended
 1011  to read:
 1012         489.146 Privatization of services.—Notwithstanding any
 1013  other provision of this part relating to the review of licensure
 1014  applications, issuance of licenses and renewals, collection of
 1015  revenues, fees, and fines, service of documents, publications,
 1016  and printing, and other ministerial functions of the department
 1017  relating to the regulation of contractors, the department shall
 1018  make all reasonable efforts to contract with one or more private
 1019  entities for provision of such services, when such services can
 1020  be provided in a more efficient manner by private entities. The
 1021  department or the board shall retain final authority for
 1022  licensure decisions and rulemaking, including all appeals or
 1023  other legal action resulting from such licensure decisions or
 1024  rulemaking. The department and the board shall adopt rules to
 1025  implement the provisions of this section.
 1026         Section 75. Subsection (2) of section 496.414, Florida
 1027  Statutes, is amended to read:
 1028         496.414 Duties of commercial co-venturers.—
 1029         (2) If determined to be essential to protect the public
 1030  from fraudulent or deceptive advertising, the department may, in
 1031  accordance with chapter 120, adopt rules requiring disclosure in
 1032  advertising for a charitable or sponsor sales promotion of
 1033  information relating to the portion or amount that will benefit
 1034  the charitable organization or sponsor or the charitable purpose
 1035  or sponsor purpose.
 1036         Section 76. Subsections (1) and (3) of section 497.381,
 1037  Florida Statutes, are amended to read:
 1038         497.381 Solicitation of goods or services.—
 1039         (1) The licensing authority shall adopt rules regulating
 1040  the solicitation of goods or services by licensees.
 1041         (2)(3) The licensing authority shall regulate such
 1042  solicitation which comprises an uninvited invasion of personal
 1043  privacy. It is the express finding of the Legislature that the
 1044  public has a high expectation of privacy in one’s personal
 1045  residence, and the licensing authority by rule may restrict the
 1046  hours or otherwise regulate such solicitation in the personal
 1047  residence of a person unless the solicitation has been
 1048  previously and expressly requested by the person solicited.
 1049         Section 77. Subsection (4) of section 501.0583, Florida
 1050  Statutes, is amended to read:
 1051         501.0583 Selling, delivering, bartering, furnishing, or
 1052  giving weight-loss pills to persons under age 18; penalties;
 1053  defense.—
 1054         (4) The Department of Agriculture and Consumer Services is
 1055  authorized to adopt rules to implement this section.
 1056         Section 78. Subsection (3) of section 509.036, Florida
 1057  Statutes, is amended to read:
 1058         509.036 Public food service inspector standardization.—
 1059         (3) The division and its agent shall adopt rules in
 1060  accordance with the provisions of chapter 120 to provide for
 1061  disciplinary action in cases of inspector negligence. An
 1062  inspector may be subject to suspension or dismissal for cause as
 1063  set forth in s. 110.227.
 1064         Section 79. Section 548.024, Florida Statutes, is amended
 1065  to read:
 1066         548.024 Background investigation of applicants for
 1067  licensure.—
 1068         (1) The commission is authorized to adopt rules pursuant to
 1069  ss. 120.536(1) and 120.54 which provide for background
 1070  investigations of applicants for licensure under this chapter
 1071  for the purpose of ensuring the accuracy of the information
 1072  provided in the application; ensuring that there are no active
 1073  or pending criminal or civil indictments against the applicant;
 1074  and ensuring satisfaction of all other requirements of this
 1075  chapter. The background investigation may include, but is not
 1076  limited to, the criminal and financial history of the applicant.
 1077         (2) If the commission requires a background criminal
 1078  history investigation of any applicant, it shall require the
 1079  applicant to submit to the department a fingerprint card for
 1080  this purpose. The fingerprint card shall be forwarded to the
 1081  Division of Criminal Justice Information Systems within the
 1082  Department of Law Enforcement and the Federal Bureau of
 1083  Investigation for purposes of processing the fingerprint card to
 1084  determine if the applicant has a criminal history record. The
 1085  information obtained by the processing of the fingerprint card
 1086  by the Department of Law Enforcement and the Federal Bureau of
 1087  Investigation shall be sent to the department for the purpose of
 1088  determining if the applicant is statutorily qualified for
 1089  licensure.
 1090         Section 80. Section 553.897, Florida Statutes, is repealed.
 1091         Section 81. Subsection (3) of section 559.10, Florida
 1092  Statutes, is amended to read:
 1093         559.10 Definition; “budget planning.”—
 1094         (3) The Financial Services Commission may adopt rules as
 1095  necessary to implement and enforce this part.
 1096         Section 82. Section 561.41, Florida Statutes, is amended to
 1097  read:
 1098         561.41 Maintenance and designation of principal office by
 1099  manufacturers, distributors, importers, and exporters.—Each
 1100  licensed manufacturer, distributor, and importer and each
 1101  registered exporter must have within this state an office
 1102  designated as its principal office within this state and may
 1103  maintain branch offices within or without this state. The
 1104  principal and branch offices of each manufacturer, distributor,
 1105  and importer within this state must, during regular defined
 1106  business hours, be kept open for the inspection of authorized
 1107  employees of the division. Each registered exporter must provide
 1108  access to authorized employees of the division to all business
 1109  premises, inventories, and records, including all records of
 1110  transporters, warehouses, and exporters required by the Federal
 1111  Government, for the purpose of conducting semiannual audits and
 1112  inventories. The division may adopt rules to carry out the
 1113  purposes of this section.
 1114         Section 83. Section 563.04, Florida Statutes, is repealed.
 1115         Section 84. Section 564.04, Florida Statutes, is repealed.
 1116         Section 85. Subsection (4) of section 578.26, Florida
 1117  Statutes, is amended to read:
 1118         578.26 Complaint, investigation, hearings, findings, and
 1119  recommendation prerequisite to legal action.—
 1120         (4) The department shall provide administrative support for
 1121  the seed investigation and conciliation council and shall adopt
 1122  rules to govern investigations and hearings. A copy of the rules
 1123  shall be mailed to each party, upon receipt of a complaint by
 1124  the department.
 1125         Section 86. Subsection (2) of section 582.055, Florida
 1126  Statutes, is amended to read:
 1127         582.055 Powers and duties of the Department of Agriculture
 1128  and Consumer Services; rules.—
 1129         (2) The department is authorized to adopt rules to
 1130  implement, make specific, and interpret the provisions of this
 1131  chapter.
 1132         Section 87. Section 601.74, Florida Statutes, is amended to
 1133  read:
 1134         601.74 Adoption of rules; Fees for licensing and analysis
 1135  of processing materials.—The Department of Agriculture may adopt
 1136  rules and set fees with respect to the licensing and analysis of
 1137  materials and composition used on or in the packing of citrus
 1138  fruits. Such rules may include fees for permitting dyes and
 1139  coloring matter. Fees shall be not less than $30 nor more than
 1140  $100 for each manufacturer applying to the Department of
 1141  Agriculture. All such license fees collected under this section
 1142  shall be paid monthly by the Department of Agriculture into the
 1143  State Treasury to the credit of the General Inspection Trust
 1144  Fund and shall be appropriated and made available for defraying
 1145  the expenses incurred in the administration of this law.
 1146         Section 88. Section 601.75, Florida Statutes, is repealed.
 1147         Section 89. Section 601.76, Florida Statutes, is amended to
 1148  read:
 1149         601.76 Manufacturer to furnish formula and other
 1150  information.—The Department of Agriculture may adopt rules with
 1151  respect to requirements for information that must be furnished
 1152  by manufacturers of coloring matter for use on citrus fruit.
 1153  Such information may include product formulas. Any formula
 1154  required to be filed with the Department of Agriculture shall be
 1155  deemed a trade secret as defined in s. 812.081, is confidential
 1156  and exempt from s. 119.07(1), and shall only be divulged to the
 1157  Department of Agriculture or to its duly authorized
 1158  representatives or upon orders of a court of competent
 1159  jurisdiction when necessary in the enforcement of this law. A
 1160  person who receives such a formula from the Department of
 1161  Agriculture under this section shall maintain the
 1162  confidentiality of the formula.
 1163         Section 90. Section 601.77, Florida Statutes, is repealed.
 1164         Section 91. Section 601.78, Florida Statutes, is repealed.
 1165         Section 92. Subsection (3) of section 607.193, Florida
 1166  Statutes, is amended to read:
 1167         607.193 Supplemental corporate fee.—
 1168         (3) The Department of State shall adopt rules and prescribe
 1169  forms necessary to carry out the purposes of this section.
 1170         Section 93. Section 624.487, Florida Statutes, is amended
 1171  to read:
 1172         624.487 Enforcement of specified insurance provisions;
 1173  adoption of rules.—The office may enforce, with respect to group
 1174  self-insurance funds established or operated under s. 624.4621,
 1175  the provisions of s. 624.316, s. 624.424, s. 625.091, or s.
 1176  625.305 as they relate to workers’ compensation insurers, and
 1177  the commission may adopt rules to implement the enforcement
 1178  authority granted by this section.
 1179         Section 94. Subsection (1) of section 627.096, Florida
 1180  Statutes, is amended to read:
 1181         627.096 Workers’ Compensation Rating Bureau.—
 1182         (1) There is created within the office a Workers’
 1183  Compensation Rating Bureau, which shall make an investigation
 1184  and study of all insurers authorized to issue workers’
 1185  compensation and employer’s liability coverage in this state.
 1186  Such bureau shall study the data, statistics, schedules, or
 1187  other information as it may deem necessary to assist and advise
 1188  the office in its review of filings made by or on behalf of
 1189  workers’ compensation and employer’s liability insurers. The
 1190  commission may adopt rules requiring all workers’ compensation
 1191  and employer’s liability insurers to submit to the rating bureau
 1192  any data, statistics, schedules, and other information deemed
 1193  necessary to the rating bureau’s study and advisement.
 1194         Section 95. Section 627.212, Florida Statutes, is amended
 1195  to read:
 1196         627.212 Workplace safety program surcharge.—The office
 1197  shall approve a rating plan for workers’ compensation coverage
 1198  insurance that provides for carriers voluntarily to impose a
 1199  surcharge of no more than 10 percent on the premium of a
 1200  policyholder or fund member if that policyholder or fund member
 1201  has been identified by the department as having been required to
 1202  implement a safety program and having failed to establish or
 1203  maintain, either in whole or in part, a safety program. The
 1204  department shall adopt rules prescribing the criteria for the
 1205  employee safety programs.
 1206         Section 96. Section 627.793, Florida Statutes, is repealed.
 1207         Section 97. Subsection (3) of section 627.917, Florida
 1208  Statutes, is amended to read:
 1209         627.917 Uniform risk classification reporting system for
 1210  motor vehicle insurance.—
 1211         (3) The commission may adopt rules to require each insurer
 1212  to report its loss and expense experience by classification, in
 1213  such detail and as often as may be necessary to aid the office
 1214  in determining the reasonableness of rates, the validity of loss
 1215  projections, and the validity of the risk classification system.
 1216         Section 98. Subsection (8) of section 633.445, Florida
 1217  Statutes, is amended to read:
 1218         633.445 State Fire Marshal Scholarship Grant Program.—
 1219         (8) The department may adopt rules to implement this
 1220  section, including rules detailing the eligibility standards and
 1221  an approval rating system which are based on financial need,
 1222  need for additional certified firefighters from the applicant’s
 1223  community, and the applicant’s employment record.
 1224         Section 99. Section 634.289, Florida Statutes, is repealed.
 1225         Section 100. Subsection (7) of section 641.316, Florida
 1226  Statutes, is amended to read:
 1227         641.316 Fiscal intermediary services.—
 1228         (7) The commission shall adopt rules necessary to
 1229  administer this section.
 1230         Section 101. Subsection (6) of section 655.922, Florida
 1231  Statutes, is amended to read:
 1232         655.922 Banking business by unauthorized persons; use of
 1233  name.—
 1234         (6) The commission shall adopt rules to administer this
 1235  section.
 1236         Section 102. Subsection (6) of section 658.995, Florida
 1237  Statutes, is amended to read:
 1238         658.995 Credit Card Bank Act.—
 1239         (6) The commission may adopt rules implementing the
 1240  provisions of this section.
 1241         Section 103. Section 663.319, Florida Statutes, is
 1242  repealed.
 1243         Section 104. Subsection (12) of section 668.704, Florida
 1244  Statutes, is amended to read:
 1245         668.704 Remedies.—
 1246         (12) The Department of Legal Affairs may adopt rules
 1247  pursuant to ss. 120.536(1) and 120.54 to implement the
 1248  provisions of this part.
 1249         Section 105. Paragraph (c) of subsection (11) and paragraph
 1250  (g) of subsection (13) of section 713.78, Florida Statutes, are
 1251  amended to read:
 1252         713.78 Liens for recovering, towing, or storing vehicles
 1253  and vessels.—
 1254         (11)
 1255         (c) The Department of Highway Safety and Motor Vehicles may
 1256  adopt such rules as it deems necessary or proper for the
 1257  administration of this subsection.
 1258         (13)
 1259         (g) The Department of Highway Safety and Motor Vehicles may
 1260  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
 1261  this subsection.
 1262         Section 106. Paragraph (c) of subsection (7) and paragraph
 1263  (f) of subsection (8) of section 713.785, Florida Statutes, are
 1264  amended to read:
 1265         713.785 Liens for recovering, towing, or storing mobile
 1266  homes.—
 1267         (7)
 1268         (c) The Department of Highway Safety and Motor Vehicles may
 1269  adopt rules to administer this subsection.
 1270         (8)
 1271         (f) The Department of Highway Safety and Motor Vehicles may
 1272  adopt rules to administer this subsection.
 1273         Section 107. Subsection (4) of section 744.7021, Florida
 1274  Statutes, is amended to read:
 1275         744.7021 Statewide Public Guardianship Office.—There is
 1276  hereby created the Statewide Public Guardianship Office within
 1277  the Department of Elderly Affairs.
 1278         (4) The Department of Elderly Affairs has authority to
 1279  adopt rules pursuant to ss. 120.536(1) and 120.54 to carry out
 1280  the provisions of this section.
 1281         Section 108. Subsection (7) of section 744.713, Florida
 1282  Statutes, is amended to read:
 1283         744.713 Program administration; duties of the Statewide
 1284  Public Guardianship Office.—The Statewide Public Guardianship
 1285  Office shall administer the grant program. The office shall:
 1286         (7) Adopt rules as necessary to administer the grant
 1287  program and this act.
 1288         Section 109. Section 766.304, Florida Statutes, is amended
 1289  to read:
 1290         766.304 Administrative law judge to determine claims.—The
 1291  administrative law judge shall hear and determine all claims
 1292  filed pursuant to ss. 766.301-766.316 and shall exercise the
 1293  full power and authority granted to her or him in chapter 120,
 1294  as necessary, to carry out the purposes of such sections. The
 1295  administrative law judge has exclusive jurisdiction to determine
 1296  whether a claim filed under this act is compensable. No civil
 1297  action may be brought until the determinations under s. 766.309
 1298  have been made by the administrative law judge. If the
 1299  administrative law judge determines that the claimant is
 1300  entitled to compensation from the association, or if the
 1301  claimant accepts an award issued under s. 766.31, no civil
 1302  action may be brought or continued in violation of the
 1303  exclusiveness of remedy provisions of s. 766.303. If it is
 1304  determined that a claim filed under this act is not compensable,
 1305  neither the doctrine of collateral estoppel nor res judicata
 1306  shall prohibit the claimant from pursuing any and all civil
 1307  remedies available under common law and statutory law. The
 1308  findings of fact and conclusions of law of the administrative
 1309  law judge shall not be admissible in any subsequent proceeding;
 1310  however, the sworn testimony of any person and the exhibits
 1311  introduced into evidence in the administrative case are
 1312  admissible as impeachment in any subsequent civil action only
 1313  against a party to the administrative proceeding, subject to the
 1314  Rules of Evidence. An award may not be made or paid under ss.
 1315  766.301-766.316 if the claimant recovers under a settlement or a
 1316  final judgment is entered in a civil action. The division may
 1317  adopt rules to promote the efficient administration of, and to
 1318  minimize the cost associated with, the prosecution of claims.
 1319         Section 110. Subsection (10) of section 865.09, Florida
 1320  Statutes, is amended to read:
 1321         865.09 Fictitious name registration.—
 1322         (10) POWERS OF DEPARTMENT.—The Department of State is
 1323  granted the power reasonably necessary to enable it to
 1324  administer this section efficiently, to perform the duties
 1325  herein imposed upon it, and to adopt reasonable rules necessary
 1326  to carry out its duties and functions under this section.
 1327         Section 111. Subsection (3) of section 943.0543, Florida
 1328  Statutes, is amended to read:
 1329         943.0543 National Crime Prevention and Privacy Compact;
 1330  ratification and implementation.—
 1331         (3) The executive director of the department, or the
 1332  director’s designee, is the state’s compact officer and shall
 1333  administer the compact within the state. The department may
 1334  adopt rules and establish procedures for the cooperative
 1335  exchange of criminal history records between the state and
 1336  Federal Government for use in noncriminal justice cases.
 1337         Section 112. Subsection (6) of section 943.0544, Florida
 1338  Statutes, is amended to read:
 1339         943.0544 Criminal justice information network and
 1340  information management.—
 1341         (6) The department may adopt rules to administer this
 1342  section. Except as otherwise specified in this section, this
 1343  section does not alter or limit the powers and duties of the
 1344  department established under this chapter.
 1345         Section 113. Subsection (8) of section 944.095, Florida
 1346  Statutes, is amended to read:
 1347         944.095 Siting of additional correctional facilities;
 1348  procedure.—
 1349         (8) The Governor and Cabinet may adopt rules of procedure
 1350  to govern these proceedings in accordance with the provisions of
 1351  s. 120.54.
 1352         Section 114. Subsection (2) of section 945.73, Florida
 1353  Statutes, is amended to read:
 1354         945.73 Inmate training program operation.—
 1355         (2) The department shall adopt rules establishing criteria
 1356  for placement in the training program and providing the
 1357  requirements for successful completion of the program. Only
 1358  inmates eligible for control release pursuant to s. 947.146
 1359  shall be permitted to participate in the training program. The
 1360  rules shall further define the structured disciplinary program
 1361  and allow for restrictions on general inmate population
 1362  privileges.
 1363         Section 115. Subsection (5) of section 946.525, Florida
 1364  Statutes, is amended to read:
 1365         946.525 Participation by the corporation in the state group
 1366  health insurance and prescription drug programs.—
 1367         (5) The Department of Management Services may adopt rules
 1368  necessary to administer this section.
 1369         Section 116. Subsection (1) of section 949.08, Florida
 1370  Statutes, is amended to read:
 1371         949.08 Department of Corrections may expend funds to enact
 1372  rules and regulations relating to compacts; limitation on
 1373  assessments.—
 1374         (1) The Department of Corrections may adopt rules and
 1375  expend funds as necessary to carry out the terms, conditions,
 1376  and intents of a compact entered into by the state pursuant to
 1377  s. 949.07.
 1378         Section 117. Section 984.05, Florida Statutes, is repealed.
 1379         Section 118. Subsections (6) and (7) of section 985.66,
 1380  Florida Statutes, are amended to read:
 1381         985.66 Juvenile justice training academies; staff
 1382  development and training; Juvenile Justice Training Trust Fund.—
 1383         (6) SCHOLARSHIPS AND STIPENDS.—
 1384         (a) By rule, The department shall establish criteria to
 1385  award scholarships or stipends to qualified juvenile justice
 1386  personnel who are residents of the state who want to pursue a
 1387  bachelor’s or associate in arts degree in juvenile justice or a
 1388  related field. The department shall handle the administration of
 1389  the scholarship or stipend. The Department of Education shall
 1390  handle the notes issued for the payment of the scholarships or
 1391  stipends. All scholarship and stipend awards shall be paid from
 1392  the Juvenile Justice Training Trust Fund upon vouchers approved
 1393  by the Department of Education and properly certified by the
 1394  Chief Financial Officer. Prior to the award of a scholarship or
 1395  stipend, the juvenile justice employee must agree in writing to
 1396  practice her or his profession in juvenile justice or a related
 1397  field for 1 month for each month of grant or to repay the full
 1398  amount of the scholarship or stipend together with interest at
 1399  the rate of 5 percent per annum over a period not to exceed 10
 1400  years. Repayment shall be made payable to the state for deposit
 1401  into the Juvenile Justice Training Trust Fund.
 1402         (b) The department may establish the scholarship program by
 1403  rule.
 1404         (7) ADOPTION OF RULES.—The department shall adopt rules as
 1405  necessary to carry out the provisions of this section.
 1406         Section 119. Subsections (4) and (5) of section 1011.48,
 1407  Florida Statutes, are amended to read:
 1408         1011.48 Establishment of educational research centers for
 1409  child development.—
 1410         (4) The Board of Governors may adopt rules for the
 1411  establishment, operation, and supervision of educational
 1412  research centers for child development. Such rules shall
 1413  include, but need not be limited to: a defined method of
 1414  establishment of and participation in the operation of centers
 1415  by the appropriate student government associations; guidelines
 1416  for the establishment of an intern program in each center; and
 1417  guidelines for the receipt and monitoring of funds from grants
 1418  and other sources of funds consistent with existing laws.
 1419         (5) Each educational research center for child development
 1420  shall be funded by a portion of the Capital Improvement Trust
 1421  Fund fee established by the Board of Governors pursuant to s.
 1422  1009.24(8). Each university that establishes a center shall
 1423  receive a portion of such fees collected from the students
 1424  enrolled at that university, usable only at that university,
 1425  equal to 22.5 cents per student per credit hour taken per term,
 1426  based on the summer term and fall and spring semesters. This
 1427  allocation shall be used by the university only for the
 1428  establishment and operation of a center as provided by this
 1429  section and rules adopted hereunder. Said allocation may be made
 1430  only after all bond obligations required to be paid from such
 1431  fees have been met.
 1432         Section 120. Subsection (7) of section 1011.51, Florida
 1433  Statutes, is amended to read:
 1434         1011.51 Independent postsecondary endowment grants.—
 1435         (7) The State Board of Education shall adopt rules
 1436  necessary to implement this section.
 1437         Section 121. Subsection (1) of section 1011.765, Florida
 1438  Statutes, is amended to read:
 1439         1011.765 Florida Academic Improvement Trust Fund matching
 1440  grants.—
 1441         (1) MATCHING GRANTS.—The Florida Academic Improvement Trust
 1442  Fund shall be utilized to provide matching grants to the Florida
 1443  School for the Deaf and the Blind Endowment Fund and to any
 1444  public school district education foundation that meets the
 1445  requirements of this section and is recognized by the local
 1446  school district as its designated K-12 education foundation.
 1447         (a) The State Board of Education shall adopt rules for the
 1448  administration, submission, documentation, evaluation, and
 1449  approval of requests for matching funds and for maintaining
 1450  accountability for matching funds.
 1451         (b) Donations, state matching funds, or proceeds from
 1452  endowments established pursuant to this section shall be used at
 1453  the discretion of the public school district education
 1454  foundation or the Florida School for the Deaf and the Blind for
 1455  academic achievement within the school district or school, and
 1456  shall not be expended for the construction of facilities or for
 1457  the support of interscholastic athletics. No public school
 1458  district education foundation or the Florida School for the Deaf
 1459  and the Blind shall accept or purchase facilities for which the
 1460  state will be asked for operating funds unless the Legislature
 1461  has granted prior approval for such acquisition.
 1462         Section 122. Paragraph (a) of subsection (7) of section
 1463  1012.467, Florida Statutes, is amended to read:
 1464         1012.467 Noninstructional contractors who are permitted
 1465  access to school grounds when students are present; background
 1466  screening requirements.—
 1467         (7)(a) The Department of Law Enforcement shall implement a
 1468  system that allows for the results of a criminal history check
 1469  provided to a school district to be shared with other school
 1470  districts through a secure Internet website or other secure
 1471  electronic means. The Department of Law Enforcement may adopt
 1472  rules under ss. 120.536(1) and 120.54 to implement this
 1473  paragraph. School districts must accept reciprocity of level 2
 1474  screenings for Florida High School Athletic Association
 1475  officials.
 1476         Section 123. Subsection (2) of section 1012.965, Florida
 1477  Statutes, is amended to read:
 1478         1012.965 Payment of costs of civil action against
 1479  employees.—
 1480         (2) All faculty physicians employed by a university board
 1481  of trustees who are subject to the requirements of s. 456.013
 1482  shall complete their risk management continuing education on
 1483  issues specific to academic medicine. Such continuing education
 1484  shall include instruction for the supervision of resident
 1485  physicians as required by the Accreditation Council for Graduate
 1486  Medical Education. The boards described in s. 456.013 shall
 1487  adopt rules to implement the provisions of this subsection.
 1488         Section 124. Paragraph (z) of subsection (8) of section
 1489  213.053, Florida Statutes, is amended to read:
 1490         213.053 Confidentiality and information sharing.—
 1491         (8) Notwithstanding any other provision of this section,
 1492  the department may provide:
 1493         (z) Information relative to s. 215.61(5) 215.61(6) to the
 1494  State Board of Education, the Division of Bond Finance, and the
 1495  Office of Economic and Demographic Research.
 1496  
 1497  Disclosure of information under this subsection shall be
 1498  pursuant to a written agreement between the executive director
 1499  and the agency. Such agencies, governmental or nongovernmental,
 1500  shall be bound by the same requirements of confidentiality as
 1501  the Department of Revenue. Breach of confidentiality is a
 1502  misdemeanor of the first degree, punishable as provided by s.
 1503  775.082 or s. 775.083.
 1504         Section 125. Paragraph (b) of subsection (3) of section
 1505  400.518, Florida Statutes, is amended to read:
 1506         400.518 Prohibited referrals to home health agencies.—
 1507         (3)
 1508         (b) A physician who violates this section is subject to
 1509  disciplinary action by the appropriate board under s. 458.331(2)
 1510  or s. 459.015(2). A hospital or ambulatory surgical center that
 1511  violates this section is subject to the rules adopted by the
 1512  agency under s. 395.0185(2).
 1513         Section 126. Paragraph (b) of subsection (3) of section
 1514  556.116, Florida Statutes, is amended to read:
 1515         556.116 High-priority subsurface installations; special
 1516  procedures.—
 1517         (3)
 1518         (b) Upon receipt of an allegation that an incident has
 1519  occurred, the system shall transmit an incident report to the
 1520  division and contract with the division so that the division may
 1521  conduct a hearing to determine whether an incident has occurred,
 1522  and, if so, whether a violation of s. 556.107(1)(a) was a
 1523  proximate cause of the incident. The contract for services to be
 1524  performed by the division must include provisions for the system
 1525  to reimburse the division for any costs incurred by the division
 1526  for court reporters, transcript preparation, travel, facility
 1527  rental, and other customary hearing costs, in the manner set
 1528  forth in s. 120.65(9) 120.65(11).
 1529         Section 127. Paragraph (b) of subsection (5) of section
 1530  564.06, Florida Statutes, is amended to read:
 1531         564.06 Excise taxes on wines and beverages.—
 1532         (5)
 1533         (b) All products however derived, distilled, mixed, or
 1534  fermented and which contain less than 6 percent alcohol by
 1535  volume which are taxed under this chapter shall be available for
 1536  purchase and sale as provided in ss. 563.02 and, 564.02, and
 1537  564.04 by any licensee holding a valid license to sell alcoholic
 1538  beverages for consumption either on or off premises, and nothing
 1539  contained in chapter 562, chapter 563, chapter 565, or this
 1540  chapter shall be construed to prevent such sales.
 1541         Section 128. Section 601.80, Florida Statutes, is amended
 1542  to read:
 1543         601.80 Unlawful to use uncertified coloring matter.—It is
 1544  unlawful for any person to use on oranges or citrus hybrids any
 1545  coloring matter which has not first received the approval of the
 1546  Department of Agriculture as provided by rule adopted under s.
 1547  601.76.
 1548         Reviser’s note.—Amends or repeals provisions of the Florida
 1549         Statutes pursuant to the directive of the Legislature in s.
 1550         9, ch. 2012-116, Laws of Florida, to prepare a reviser’s
 1551         bill to omit all statutes and laws, or parts thereof, which
 1552         grant duplicative, redundant, or unused rulemaking
 1553         authority.
 1554         Section 129. This act shall take effect on the 60th day
 1555  after adjournment sine die of the session of the Legislature in
 1556  which enacted.