Florida Senate - 2019                                       SB 6
       
       
                                                                       
       By Senator Benacquisto
       
       
       
       
       
       27-00628-19                                              20196__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; repealing ss.
    3         16.616, 196.102(14), 220.192, 311.07(3)(d), 316.0898,
    4         319.141, 377.24075, 932.7055(4)(d), 960.002, 961.055,
    5         961.056, 985.6865(4)(a), 1008.46(1)(b), and
    6         1011.71(2)(k), F.S., and amending ss. 741.30, 784.046,
    7         and 1004.085 F.S., to delete provisions which have
    8         become inoperative by noncurrent repeal or expiration
    9         and, pursuant to s. 11.242(5)(b) and (i), F.S., may be
   10         omitted from the 2019 Florida Statutes only through a
   11         reviser’s bill duly enacted by the Legislature;
   12         amending s. 16.615, F.S., to conform a cross
   13         reference; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 16.616, Florida Statutes, is repealed.
   18         Reviser’s note.—The cited section, which relates to a direct
   19         support organization, was repealed pursuant to its own
   20         terms, effective October 1, 2018.
   21         Section 2. Subsection (14) of section 196.102, Florida
   22  Statutes, is repealed.
   23         Reviser’s note.—The cited subsection, which relates to emergency
   24         rule adoption, expired pursuant to its own terms, effective
   25         August 30, 2018.
   26         Section 3. Section 220.192, Florida Statutes, is repealed.
   27         Reviser’s note.—The cited section, which relates to a renewable
   28         energy technologies investment tax credit; authorized use
   29         of the credit in tax years beginning January 1, 2013, and
   30         ending December 31, 2016, after which the credit expired;
   31         and an authorized carry-forward of unused credit, expired
   32         December 31, 2018, pursuant to subsection (2) of the
   33         section.
   34         Section 4. Paragraph (d) of subsection (3) of section
   35  311.07, Florida Statutes, is repealed.
   36         Reviser’s note.—The cited paragraph, which creates an exemption
   37         from specified matching funds and eligibility requirements
   38         for projects funded through a specific appropriation of the
   39         2017-2018 General Appropriations Act, expired pursuant to
   40         its own terms, effective July 1, 2018.
   41         Section 5. Section 316.0898, Florida Statutes, is repealed.
   42         Reviser’s note.—The cited section, which relates to the Florida
   43         Smart City Challenge Grant Program, expired pursuant to its
   44         own terms, effective July 1, 2018.
   45         Section 6. Section 319.141, Florida Statutes, is repealed.
   46         Reviser’s note.—The cited section, which relates to a pilot
   47         rebuilt motor vehicle inspection program, was repealed
   48         pursuant to its own terms, effective July 1, 2018.
   49         Section 7. Section 377.24075, Florida Statutes, is
   50  repealed.
   51         Reviser’s bill.—The cited section, which provides for an
   52         exemption from open government requirements for certain
   53         proprietary business information held by the Department of
   54         Environmental Protection concerning applications for
   55         natural gas storage facility permits, was repealed pursuant
   56         to its own terms, effective October 2, 2018.
   57         Section 8. Paragraph (c) of subsection (8) of section
   58  741.30, Florida Statutes, is amended to read:
   59         741.30 Domestic violence; injunction; powers and duties of
   60  court and clerk; petition; notice and hearing; temporary
   61  injunction; issuance of injunction; statewide verification
   62  system; enforcement; public records exemption.—
   63         (8)
   64         (c)1. Within 24 hours after the court issues an injunction
   65  for protection against domestic violence or changes, continues,
   66  extends, or vacates an injunction for protection against
   67  domestic violence, the clerk of the court must forward a
   68  certified copy of the injunction for service to the sheriff with
   69  jurisdiction over the residence of the petitioner. The
   70  injunction must be served in accordance with this subsection.
   71         2. Within 24 hours after service of process of an
   72  injunction for protection against domestic violence upon a
   73  respondent, the law enforcement officer must forward the written
   74  proof of service of process to the sheriff with jurisdiction
   75  over the residence of the petitioner.
   76         3. Within 24 hours after the sheriff receives a certified
   77  copy of the injunction for protection against domestic violence,
   78  the sheriff must make information relating to the injunction
   79  available to other law enforcement agencies by electronically
   80  transmitting such information to the department.
   81         4. Within 24 hours after the sheriff or other law
   82  enforcement officer has made service upon the respondent and the
   83  sheriff has been so notified, the sheriff must make information
   84  relating to the service available to other law enforcement
   85  agencies by electronically transmitting such information to the
   86  department.
   87         5.a. Subject to available funding, the Florida Association
   88  of Court Clerks and Comptrollers shall develop an automated
   89  process by which a petitioner may request notification of
   90  service of the injunction for protection against domestic
   91  violence and other court actions related to the injunction for
   92  protection. The automated notice shall be made within 12 hours
   93  after the sheriff or other law enforcement officer serves the
   94  injunction upon the respondent. The notification must include,
   95  at a minimum, the date, time, and location where the injunction
   96  for protection against domestic violence was served. When a
   97  petitioner makes a request for notification, the clerk must
   98  apprise the petitioner of her or his right to request in writing
   99  that the information specified in sub-subparagraph b. be held
  100  exempt from public records requirements for 5 years. The Florida
  101  Association of Court Clerks and Comptrollers may apply for any
  102  available grants to fund the development of the automated
  103  process.
  104         b. Upon implementation of the automated process,
  105  information held by clerks and law enforcement agencies in
  106  conjunction with the automated process developed under sub
  107  subparagraph a. which reveals the home or employment telephone
  108  number, cellular telephone number, home or employment address,
  109  electronic mail address, or other electronic means of
  110  identification of a petitioner requesting notification of
  111  service of an injunction for protection against domestic
  112  violence and other court actions related to the injunction for
  113  protection is exempt from s. 119.07(1) and s. 24(a), Art. I of
  114  the State Constitution, upon written request by the petitioner.
  115  Such information shall cease to be exempt 5 years after the
  116  receipt of the written request. Any state or federal agency that
  117  is authorized to have access to such documents by any provision
  118  of law shall be granted such access in the furtherance of such
  119  agency’s statutory duties, notwithstanding this sub
  120  subparagraph. This sub-subparagraph is subject to the Open
  121  Government Sunset Review Act in accordance with s. 119.15 and
  122  shall stand repealed on October 2, 2018, unless reviewed and
  123  saved from repeal through reenactment by the Legislature.
  124         6. Within 24 hours after an injunction for protection
  125  against domestic violence is vacated, terminated, or otherwise
  126  rendered no longer effective by ruling of the court, the clerk
  127  of the court must notify the sheriff receiving original
  128  notification of the injunction as provided in subparagraph 2.
  129  That agency shall, within 24 hours after receiving such
  130  notification from the clerk of the court, notify the department
  131  of such action of the court.
  132         Reviser’s note.—Amended to conform to the repeal of sub
  133         subparagraph 5.b. by its own terms, effective October 2,
  134         2018, and to redesignate sub-subparagraph 5.a. as
  135         subparagraph 5. and amend it to conform.
  136         Section 9. Paragraph (c) of subsection (8) of section
  137  784.046, Florida Statutes, is amended to read:
  138         784.046 Action by victim of repeat violence, sexual
  139  violence, or dating violence for protective injunction; dating
  140  violence investigations, notice to victims, and reporting;
  141  pretrial release violations; public records exemption.—
  142         (8)
  143         (c)1. Within 24 hours after the court issues an injunction
  144  for protection against repeat violence, sexual violence, or
  145  dating violence or changes or vacates an injunction for
  146  protection against repeat violence, sexual violence, or dating
  147  violence, the clerk of the court must forward a copy of the
  148  injunction to the sheriff with jurisdiction over the residence
  149  of the petitioner.
  150         2. Within 24 hours after service of process of an
  151  injunction for protection against repeat violence, sexual
  152  violence, or dating violence upon a respondent, the law
  153  enforcement officer must forward the written proof of service of
  154  process to the sheriff with jurisdiction over the residence of
  155  the petitioner.
  156         3. Within 24 hours after the sheriff receives a certified
  157  copy of the injunction for protection against repeat violence,
  158  sexual violence, or dating violence, the sheriff must make
  159  information relating to the injunction available to other law
  160  enforcement agencies by electronically transmitting such
  161  information to the department.
  162         4. Within 24 hours after the sheriff or other law
  163  enforcement officer has made service upon the respondent and the
  164  sheriff has been so notified, the sheriff must make information
  165  relating to the service available to other law enforcement
  166  agencies by electronically transmitting such information to the
  167  department.
  168         5.a. Subject to available funding, the Florida Association
  169  of Court Clerks and Comptrollers shall develop an automated
  170  process by which a petitioner may request notification of
  171  service of the injunction for protection against repeat
  172  violence, sexual violence, or dating violence and other court
  173  actions related to the injunction for protection. The automated
  174  notice shall be made within 12 hours after the sheriff or other
  175  law enforcement officer serves the injunction upon the
  176  respondent. The notification must include, at a minimum, the
  177  date, time, and location where the injunction for protection
  178  against repeat violence, sexual violence, or dating violence was
  179  served. When a petitioner makes a request for notification, the
  180  clerk must apprise the petitioner of her or his right to request
  181  in writing that the information specified in sub-subparagraph b.
  182  be held exempt from public records requirements for 5 years. The
  183  Florida Association of Court Clerks and Comptrollers may apply
  184  for any available grants to fund the development of the
  185  automated process.
  186         b. Upon implementation of the automated process,
  187  information held by clerks and law enforcement agencies in
  188  conjunction with the automated process developed under sub
  189  subparagraph a. which reveals the home or employment telephone
  190  number, cellular telephone number, home or employment address,
  191  electronic mail address, or other electronic means of
  192  identification of a petitioner requesting notification of
  193  service of an injunction for protection against repeat violence,
  194  sexual violence, or dating violence and other court actions
  195  related to the injunction for protection is exempt from s.
  196  119.07(1) and s. 24(a), Art. I of the State Constitution, upon
  197  written request by the petitioner. Such information shall cease
  198  to be exempt 5 years after the receipt of the written request.
  199  Any state or federal agency that is authorized to have access to
  200  such documents by any provision of law shall be granted such
  201  access in the furtherance of such agency’s statutory duties,
  202  notwithstanding this sub-subparagraph. This sub-subparagraph is
  203  subject to the Open Government Sunset Review Act in accordance
  204  with s. 119.15 and shall stand repealed on October 2, 2018,
  205  unless reviewed and saved from repeal through reenactment by the
  206  Legislature.
  207         6. Within 24 hours after an injunction for protection
  208  against repeat violence, sexual violence, or dating violence is
  209  lifted, terminated, or otherwise rendered no longer effective by
  210  ruling of the court, the clerk of the court must notify the
  211  sheriff or local law enforcement agency receiving original
  212  notification of the injunction as provided in subparagraph 2.
  213  That agency shall, within 24 hours after receiving such
  214  notification from the clerk of the court, notify the department
  215  of such action of the court.
  216         Reviser’s note.— Amended to conform to the repeal of sub
  217         subparagraph 5.b. by its own terms, effective October 2,
  218         2018, and to redesignate sub-subparagraph 5.a. as
  219         subparagraph 5. and amend it to conform.
  220         Section 10. Paragraph (d) of subsection (4) of section
  221  932.7055, Florida Statutes, is repealed.
  222         Reviser’s note.—The cited paragraph, which relates to
  223         expenditure of funds in a special law enforcement trust
  224         fund established by the governing body of a municipality to
  225         reimburse the general fund for certain advances, for the
  226         2017-2018 fiscal year only, expired pursuant to its own
  227         terms, effective July 1, 2018.
  228         Section 11. Section 960.002, Florida Statutes, is repealed.
  229         Reviser’s note.—The cited section, which relates to a direct
  230         support organization to assist victims of adult and
  231         juvenile crime, was repealed pursuant to its own terms,
  232         effective October 1, 2018.
  233         Section 12. Section 961.055, Florida Statutes, is repealed.
  234         Reviser’s note.—The cited section, which relates to an exemption
  235         from application by nolle prosequi for compensation for a
  236         wrongfully incarcerated person, was repealed pursuant to
  237         its own terms, effective July 1, 2018.
  238         Section 13. Section 961.056, Florida Statutes, is repealed.
  239         Reviser’s note.—The cited section, which relates to alternative
  240         application for compensation for a wrongfully incarcerated
  241         person, was repealed pursuant to its own terms, effective
  242         July 1, 2018.
  243         Section 14. Paragraph (a) of subsection (4) of section
  244  985.6865, Florida Statutes, is repealed.
  245         Reviser’s note.—The cited paragraph, which relates to payment of
  246         the percentage share of costs for juvenile detention by
  247         non-fiscally constrained counties for the 2016-2017 fiscal
  248         year, expired pursuant to its own terms, effective June 30,
  249         2017.
  250         Section 15.  Subsections (4), (6), and (8) of section
  251  1004.085, Florida Statutes, are amended to read:
  252         1004.085 Textbook and instructional materials
  253  affordability.—
  254         (4) Each Florida College System institution and state
  255  university board of trustees shall, each semester, examine the
  256  cost of textbooks and instructional materials by course and
  257  course section for all general education courses offered at the
  258  institution to identify any variance in the cost of textbooks
  259  and instructional materials among different sections of the same
  260  course and the percentage of textbooks and instructional
  261  materials that remain in use for more than one term. Courses
  262  that have a wide variance in costs among sections or that have
  263  frequent changes in textbook and instructional materials
  264  selections shall be identified and a list of such courses sent
  265  to the appropriate academic department chair for review. This
  266  subsection is repealed July 1, 2018, unless reviewed and saved
  267  from repeal through reenactment by the Legislature.
  268         (5)(6) Each Florida College System institution and state
  269  university shall post prominently in the course registration
  270  system and on its website, as early as is feasible, but at least
  271  45 days before the first day of class for each term, a hyperlink
  272  to lists of required and recommended textbooks and instructional
  273  materials for at least 95 percent of all courses and course
  274  sections offered at the institution during the upcoming term.
  275  The lists must include the International Standard Book Number
  276  (ISBN) for each required and recommended textbook and
  277  instructional material or other identifying information, which
  278  must include, at a minimum, all of the following: the title, all
  279  authors listed, publishers, edition number, copyright date,
  280  published date, and other relevant information necessary to
  281  identify the specific textbooks or instructional materials
  282  required and recommended for each course. The State Board of
  283  Education and the Board of Governors shall include in the
  284  policies, procedures, and guidelines adopted under subsection
  285  (6) (7) certain limited exceptions to this notification
  286  requirement for classes added after the notification deadline.
  287         (7)(8) The board of trustees of each Florida College System
  288  institution and state university shall report, by September 30
  289  of each year, beginning in 2016, to the Chancellor of the
  290  Florida College System or the Chancellor of the State University
  291  System, as applicable, the textbook and instructional materials
  292  selection process for general education courses with a wide cost
  293  variance identified pursuant to subsection (4) and high
  294  enrollment courses; specific initiatives of the institution
  295  designed to reduce the costs of textbooks and instructional
  296  materials; policies implemented in accordance with subsection
  297  (5) (6); the number of courses and course sections that were not
  298  able to meet the textbook and instructional materials posting
  299  deadline for the previous academic year; and any additional
  300  information determined by the chancellors. By November 1 of each
  301  year, beginning in 2016, each chancellor shall provide a summary
  302  of the information provided by institutions to the State Board
  303  of Education and the Board of Governors, as applicable.
  304         Reviser’s note.—Subsection (4), which relates to examination of
  305         cost of textbooks and instructional materials for general
  306         education courses by Florida College System institution and
  307         state university boards of trustees, was repealed pursuant
  308         to its own terms, effective July 1, 2018. Subsections (6)
  309         and (8) are amended to conform to the repeal of subsection
  310         (4) by this act.
  311         Section 16. Paragraph (b) of subsection (1) of section
  312  1008.46, Florida Statutes, is repealed.
  313         Reviser’s note.—The cited paragraph, which relates to submittal
  314         of an annual accountability report by March 15, 2018, for
  315         the 2017-2018 fiscal year only, expired pursuant to its own
  316         terms, effective July 1, 2018.
  317         Section 17. Paragraph (k) of subsection (2) of section
  318  1011.71, Florida Statutes, is repealed.
  319         Reviser’s note.—The cited paragraph, which relates to payout of
  320         specified sick leave and annual leave accrued as a purpose
  321         for tax levy, expired pursuant to its own terms, effective
  322         July 1, 2018.
  323         Section 18. Paragraph (e) of subsection (4) of section
  324  16.615, Florida Statutes, is amended to read:
  325         16.615 Council on the Social Status of Black Men and Boys.—
  326         (4)
  327         (e) The council shall monitor outcomes of the direct
  328  support organization created pursuant to s. 16.616.
  329         Reviser’s note.—Amended to conform to the repeal of s. 16.616 by
  330         this act to ratify the repeal of that section by its own
  331         terms.
  332         Section 19. This act shall take effect on the 60th day
  333  after adjournment sine die of the session of the Legislature in
  334  which enacted.