ENROLLED
       2021 Legislature                                          SB 310
       
       
       
       
       
       
                                                              2021310er
    1  
    2         An act relating to the Florida Statutes; repealing ss.
    3         119.071(5)(k), 216.181(11)(e), 267.0618, 311.101(7),
    4         339.2818(8), 464.012(8), 466.00673, 1002.394(15), and
    5         1003.4282(9), F.S., and amending ss. 316.306, 381.986,
    6         and 383.14, F.S., to delete provisions which have
    7         become inoperative by noncurrent repeal or expiration
    8         and, pursuant to s. 11.242(5)(b) and (i), F.S., may be
    9         omitted from the 2021 Florida Statutes only through a
   10         reviser’s bill duly enacted by the Legislature;
   11         amending ss. 1002.3105 and 1003.5716, F.S., to conform
   12         to the repeal of s. 1003.4282(9), F.S., by this act;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (k) of subsection (5) of section
   18  119.071, Florida Statutes, is repealed.
   19         Reviser’s note.—The cited paragraph, which relates to an
   20         exemption from s. 119.07(1) and s. 24(a), Art. I of the
   21         State Constitution, for identification and location
   22         information held by an agency if a servicemember submits a
   23         specified request and statement to the agency, expired
   24         pursuant to its own terms, effective October 2, 2020.
   25         Section 2. Paragraph (e) of subsection (11) of section
   26  216.181, Florida Statutes, is repealed.
   27         Reviser’s note.—The cited paragraph, which provides that, for
   28         the 2019-2020 fiscal year only, the Legislative Budget
   29         Commission may increase the amounts appropriated to the
   30         Department of Environmental Protection for fixed capital
   31         outlay projects using funds provided from a specified
   32         environmental mitigation trust, expired pursuant to its own
   33         terms, effective July 1, 2020.
   34         Section 3. Section 267.0618, Florida Statutes, is repealed.
   35         Reviser’s note.—The cited section, which relates to the Women’s
   36         Suffrage Centennial Commission, expired pursuant to its own
   37         terms, effective December 31, 2020.
   38         Section 4. Subsection (7) of section 311.101, Florida
   39  Statutes, is repealed.
   40         Reviser’s note.—The cited subsection, which relates to at least
   41         $5 million per year being made available from the State
   42         Transportation Trust Fund for the Intermodal Logistics
   43         Center Infrastructure Support Program, expired pursuant to
   44         its own terms, effective July 1, 2020.
   45         Section 5. Paragraph (a) of subsection (3) of section
   46  316.306, Florida Statutes, is amended to read:
   47         316.306 School and work zones; prohibition on the use of a
   48  wireless communications device in a handheld manner.—
   49         (3)(a)1. A person may not operate a motor vehicle while
   50  using a wireless communications device in a handheld manner in a
   51  designated school crossing, school zone, or work zone area as
   52  defined in s. 316.003(105). This subparagraph shall only be
   53  applicable to work zone areas if construction personnel are
   54  present or are operating equipment on the road or immediately
   55  adjacent to the work zone area. For the purposes of this
   56  paragraph, a motor vehicle that is stationary is not being
   57  operated and is not subject to the prohibition in this
   58  paragraph.
   59         2.a. During the period from October 1, 2019, through
   60  December 31, 2019, a law enforcement officer may stop motor
   61  vehicles to issue verbal or written warnings to persons who are
   62  in violation of subparagraph 1. for the purposes of informing
   63  and educating such persons of this section. This sub
   64  subparagraph shall stand repealed on October 1, 2020.
   65         b. Effective January 1, 2020, a law enforcement officer may
   66  stop motor vehicles and issue citations to persons who are
   67  driving while using a wireless communications device in a
   68  handheld manner in violation of subparagraph 1.
   69         Reviser’s note.—Amended to conform to the repeal of sub
   70         subparagraph 2.a. pursuant to its own terms, effective
   71         October 1, 2020.
   72         Section 6. Subsection (8) of section 339.2818, Florida
   73  Statutes, is repealed.
   74         Reviser’s note.—The cited subsection, which provides that a
   75         county or a municipality within a county designated in
   76         Federal Emergency Management Agency disaster declaration
   77         DR-4399 may compete for additional project funding, expired
   78         pursuant to its own terms, effective July 1, 2020.
   79         Section 7. Paragraph (a) of subsection (8) of section
   80  381.986, Florida Statutes, is amended to read:
   81         381.986 Medical use of marijuana.—
   82         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
   83         (a) The department shall license medical marijuana
   84  treatment centers to ensure reasonable statewide accessibility
   85  and availability as necessary for qualified patients registered
   86  in the medical marijuana use registry and who are issued a
   87  physician certification under this section.
   88         1. As soon as practicable, but no later than July 3, 2017,
   89  the department shall license as a medical marijuana treatment
   90  center any entity that holds an active, unrestricted license to
   91  cultivate, process, transport, and dispense low-THC cannabis,
   92  medical cannabis, and cannabis delivery devices, under former s.
   93  381.986, Florida Statutes 2016, before July 1, 2017, and which
   94  meets the requirements of this section. In addition to the
   95  authority granted under this section, these entities are
   96  authorized to dispense low-THC cannabis, medical cannabis, and
   97  cannabis delivery devices ordered pursuant to former s. 381.986,
   98  Florida Statutes 2016, which were entered into the compassionate
   99  use registry before July 1, 2017, and are authorized to begin
  100  dispensing marijuana under this section on July 3, 2017. The
  101  department may grant variances from the representations made in
  102  such an entity’s original application for approval under former
  103  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
  104         2. The department shall license as medical marijuana
  105  treatment centers 10 applicants that meet the requirements of
  106  this section, under the following parameters:
  107         a. As soon as practicable, but no later than August 1,
  108  2017, the department shall license any applicant whose
  109  application was reviewed, evaluated, and scored by the
  110  department and which was denied a dispensing organization
  111  license by the department under former s. 381.986, Florida
  112  Statutes 2014; which had one or more administrative or judicial
  113  challenges pending as of January 1, 2017, or had a final ranking
  114  within one point of the highest final ranking in its region
  115  under former s. 381.986, Florida Statutes 2014; which meets the
  116  requirements of this section; and which provides documentation
  117  to the department that it has the existing infrastructure and
  118  technical and technological ability to begin cultivating
  119  marijuana within 30 days after registration as a medical
  120  marijuana treatment center.
  121         b. As soon as practicable, the department shall license one
  122  applicant that is a recognized class member of Pigford v.
  123  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
  124  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
  125  under this sub-subparagraph is exempt from the requirement of
  126  subparagraph (b)2.
  127         c. As soon as practicable, but no later than October 3,
  128  2017, the department shall license applicants that meet the
  129  requirements of this section in sufficient numbers to result in
  130  10 total licenses issued under this subparagraph, while
  131  accounting for the number of licenses issued under sub
  132  subparagraphs a. and b.
  133         3. For up to two of the licenses issued under subparagraph
  134  2., the department shall give preference to applicants that
  135  demonstrate in their applications that they own one or more
  136  facilities that are, or were, used for the canning,
  137  concentrating, or otherwise processing of citrus fruit or citrus
  138  molasses and will use or convert the facility or facilities for
  139  the processing of marijuana.
  140         4. Within 6 months after the registration of 100,000 active
  141  qualified patients in the medical marijuana use registry, the
  142  department shall license four additional medical marijuana
  143  treatment centers that meet the requirements of this section.
  144  Thereafter, the department shall license four medical marijuana
  145  treatment centers within 6 months after the registration of each
  146  additional 100,000 active qualified patients in the medical
  147  marijuana use registry that meet the requirements of this
  148  section.
  149         5. Dispensing facilities are subject to the following
  150  requirements:
  151         a. A medical marijuana treatment center may not establish
  152  or operate more than a statewide maximum of 25 dispensing
  153  facilities, unless the medical marijuana use registry reaches a
  154  total of 100,000 active registered qualified patients. When the
  155  medical marijuana use registry reaches 100,000 active registered
  156  qualified patients, and then upon each further instance of the
  157  total active registered qualified patients increasing by
  158  100,000, the statewide maximum number of dispensing facilities
  159  that each licensed medical marijuana treatment center may
  160  establish and operate increases by five.
  161         b. A medical marijuana treatment center may not establish
  162  more than the maximum number of dispensing facilities allowed in
  163  each of the Northwest, Northeast, Central, Southwest, and
  164  Southeast Regions. The department shall determine a medical
  165  marijuana treatment center’s maximum number of dispensing
  166  facilities allowed in each region by calculating the percentage
  167  of the total statewide population contained within that region
  168  and multiplying that percentage by the medical marijuana
  169  treatment center’s statewide maximum number of dispensing
  170  facilities established under sub-subparagraph a., rounded to the
  171  nearest whole number. The department shall ensure that such
  172  rounding does not cause a medical marijuana treatment center’s
  173  total number of statewide dispensing facilities to exceed its
  174  statewide maximum. The department shall initially calculate the
  175  maximum number of dispensing facilities allowed in each region
  176  for each medical marijuana treatment center using county
  177  population estimates from the Florida Estimates of Population
  178  2016, as published by the Office of Economic and Demographic
  179  Research, and shall perform recalculations following the
  180  official release of county population data resulting from each
  181  United States Decennial Census. For the purposes of this
  182  subparagraph:
  183         (I) The Northwest Region consists of Bay, Calhoun,
  184  Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,
  185  Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
  186  Walton, and Washington Counties.
  187         (II) The Northeast Region consists of Alachua, Baker,
  188  Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,
  189  Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,
  190  Suwannee, and Union Counties.
  191         (III) The Central Region consists of Brevard, Citrus,
  192  Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,
  193  Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia
  194  Counties.
  195         (IV) The Southwest Region consists of Charlotte, Collier,
  196  DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,
  197  Okeechobee, and Sarasota Counties.
  198         (V) The Southeast Region consists of Broward, Miami-Dade,
  199  Martin, Monroe, and Palm Beach Counties.
  200         c. If a medical marijuana treatment center establishes a
  201  number of dispensing facilities within a region that is less
  202  than the number allowed for that region under sub-subparagraph
  203  b., the medical marijuana treatment center may sell one or more
  204  of its unused dispensing facility slots to other licensed
  205  medical marijuana treatment centers. For each dispensing
  206  facility slot that a medical marijuana treatment center sells,
  207  that medical marijuana treatment center’s statewide maximum
  208  number of dispensing facilities, as determined under sub
  209  subparagraph a., is reduced by one. The statewide maximum number
  210  of dispensing facilities for a medical marijuana treatment
  211  center that purchases an unused dispensing facility slot is
  212  increased by one per slot purchased. Additionally, the sale of a
  213  dispensing facility slot shall reduce the seller’s regional
  214  maximum and increase the purchaser’s regional maximum number of
  215  dispensing facilities, as determined in sub-subparagraph b., by
  216  one for that region. For any slot purchased under this sub
  217  subparagraph, the regional restriction applied to that slot’s
  218  location under sub-subparagraph b. before the purchase shall
  219  remain in effect following the purchase. A medical marijuana
  220  treatment center that sells or purchases a dispensing facility
  221  slot must notify the department within 3 days of sale.
  222         d. This subparagraph shall expire on April 1, 2020.
  223  
  224  If this subparagraph or its application to any person or
  225  circumstance is held invalid, the invalidity does not affect
  226  other provisions or applications of this act which can be given
  227  effect without the invalid provision or application, and to this
  228  end, the provisions of this subparagraph are severable.
  229         Reviser’s note.—Amended to conform to the repeal of subparagraph
  230         5. pursuant to its own terms, effective April 1, 2020.
  231         Section 8. Paragraph (a) of subsection (2) of section
  232  383.14, Florida Statutes, is amended to read:
  233         383.14 Screening for metabolic disorders, other hereditary
  234  and congenital disorders, and environmental risk factors.—
  235         (2) RULES.—
  236         (a) After consultation with the Genetics and Newborn
  237  Screening Advisory Council, the department shall adopt and
  238  enforce rules requiring that every newborn in this state shall:
  239         1. Before becoming 1 week of age, be subjected to a test
  240  for phenylketonuria;
  241         2. Be tested for any condition included on the federal
  242  Recommended Uniform Screening Panel which the council advises
  243  the department should be included under the state’s screening
  244  program. After the council recommends that a condition be
  245  included, the department shall submit a legislative budget
  246  request to seek an appropriation to add testing of the condition
  247  to the newborn screening program. The department shall expand
  248  statewide screening of newborns to include screening for such
  249  conditions within 18 months after the council renders such
  250  advice, if a test approved by the United States Food and Drug
  251  Administration or a test offered by an alternative vendor is
  252  available. If such a test is not available within 18 months
  253  after the council makes its recommendation, the department shall
  254  implement such screening as soon as a test offered by the United
  255  States Food and Drug Administration or by an alternative vendor
  256  is available; and
  257         3. At the appropriate age, be tested for such other
  258  metabolic diseases and hereditary or congenital disorders as the
  259  department may deem necessary from time to time.; and
  260         4. Notwithstanding subparagraph 2., be screened for spinal
  261  muscular atrophy following integration of such a test into the
  262  newborn screening testing panel. The department shall implement
  263  such screening using a test offered by the United States Food
  264  and Drug Administration or by an alternative vendor as soon as
  265  practicable after July 1, 2019, but no later than May 3, 2020.
  266  This subparagraph expires July 1, 2020.
  267         Reviser’s note.—Amended to conform to the expiration of
  268         subparagraph 4. pursuant to its own terms, effective July
  269         1, 2020.
  270         Section 9. Subsection (8) of section 464.012, Florida
  271  Statutes, is repealed.
  272         Reviser’s note.—The cited subsection, which relates to a
  273         transition timeline and process for advanced registered
  274         nurse practitioners or clinical nurse specialists to
  275         convert a certificate in good standing to a license that
  276         becomes effective on October 1, 2018, to practice as an
  277         advanced practice registered nurse, expired pursuant to its
  278         own terms, effective October 1, 2020.
  279         Section 10. Section 466.00673, Florida Statutes, is
  280  repealed.
  281         Reviser’s note.—The cited section, which relates to the repeal
  282         of ss. 466.0067-466.00673, relating to health access dental
  283         licenses, was repealed pursuant to its own terms, effective
  284         January 1, 2020; the remaining sections in the range of
  285         repealed sections were revived by ch. 2020-47, Laws of
  286         Florida.
  287         Section 11. Subsection (15) of section 1002.394, Florida
  288  Statutes, is repealed.
  289         Reviser’s note.—The cited subsection, which relates to the
  290         implementation schedule for the Family Empowerment
  291         Scholarship Program for the 2019-2020 school year, expired
  292         pursuant to its own terms, effective June 30, 2020.
  293         Section 12. Subsection (9) of section 1003.4282, Florida
  294  Statutes, is repealed.
  295         Reviser’s note.—The cited subsection, which relates to cohort
  296         transition to new graduation requirements, was repealed
  297         pursuant to its own terms, effective July 1, 2020.
  298         Section 13. Subsection (5) of section 1002.3105, Florida
  299  Statutes, is amended to read:
  300         1002.3105 Academically Challenging Curriculum to Enhance
  301  Learning (ACCEL) options.—
  302         (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—A student who
  303  meets the applicable grade 9 cohort graduation requirements of
  304  s. 1003.4282(3)(a)-(e) or s. 1003.4282(9)(a)1.-5., (b)1.-5.,
  305  (c)1.-5., or (d)1.-5., earns three credits in electives, and
  306  earns a cumulative grade point average (GPA) of 2.0 on a 4.0
  307  scale shall be awarded a standard high school diploma in a form
  308  prescribed by the State Board of Education.
  309         Reviser’s note.—Amended to conform to the repeal of s.
  310         1003.4282(9) by this act.
  311         Section 14. Paragraph (b) of subsection (2) of section
  312  1003.5716, Florida Statutes, is amended to read:
  313         1003.5716 Transition to postsecondary education and career
  314  opportunities.—All students with disabilities who are 3 years of
  315  age to 21 years of age have the right to a free, appropriate
  316  public education. As used in this section, the term “IEP” means
  317  individual education plan.
  318         (2) Beginning not later than the first IEP to be in effect
  319  when the student attains the age of 16, or younger if determined
  320  appropriate by the parent and the IEP team, the IEP must include
  321  the following statements that must be updated annually:
  322         (b) A statement of intent to receive a standard high school
  323  diploma before the student attains the age of 22 and a
  324  description of how the student will fully meet the requirements
  325  in s. 1003.4282, including, but not limited to, a portfolio
  326  pursuant to s. 1003.4282(9)(b) 1003.4282(10)(b) which meets the
  327  criteria specified in State Board of Education rule. The IEP
  328  must also specify the outcomes and additional benefits expected
  329  by the parent and the IEP team at the time of the student’s
  330  graduation.
  331         Reviser’s note.—Amended to conform to the repeal of s.
  332         1003.4282(9) by this act.
  333         Section 15. This act shall take effect on the 60th day
  334  after adjournment sine die of the session of the Legislature in
  335  which enacted.