Florida Senate - 2022                                     SB 850
       
       
                                                                       
       By Senator Passidomo
       
       
       
       
       
       28-01065-22                                            2022850__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; repealing ss.
    3         27.401, 112.24(6), 197.318, 216.181(11)(d),
    4         255.065(15), 288.1226(9), 316.066(2)(f), 331.326,
    5         339.63(6), 381.0068, 381.83, 393.0661, 395.1055(1)(f),
    6         403.7046(2), 403.73, 409.968(6), 420.0005(2),
    7         420.9079(3), 499.0121(7)(b), 499.051(7)(b), 499.931,
    8         502.222, 570.48(3), 573.123(2), 601.10(8)(b), 601.76,
    9         815.04(3), 893.055(17), 1004.33, 1004.335, and
   10         1004.34, F.S., and amending ss. 125.0104(9)(d),
   11         216.292(2)(a), 403.7046(3)(b), 601.15(7)(d), and
   12         601.152(8)(c), F. S., to delete provisions which have
   13         become inoperative by noncurrent repeal or expiration
   14         and, pursuant to s. 11.242(5)(b) and (i), F.S., may be
   15         omitted from the 2022 Florida Statutes only through a
   16         reviser’s bill duly enacted by the Legislature;
   17         amending ss. 194.032, 395.1065, 603.011, 601.80,
   18         721.071, 815.045, and 921.0022, F.S., and repealing s.
   19         218.131, F.S., to conform to changes made by the act;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 27.401, Florida Statutes, is repealed.
   25         Reviser’s note.—The cited section establishes the Cross-Circuit
   26         Conflict Representation Pilot Program and provides for its
   27         expiration, effective June 30, 2016.
   28         Section 2. Subsection (6) of section 112.24, Florida
   29  Statutes, is repealed.
   30         Reviser’s note.—The cited subsection, which relates to
   31         assignment of a state agency employee pursuant to
   32         intergovernmental interchange of public employees under
   33         specified recommendations and approval, for the 2020-2021
   34         fiscal year only, expired pursuant to its own terms,
   35         effective July 1, 2021.
   36         Section 3. Paragraph (d) of subsection (9) of section
   37  125.0104, Florida Statutes, is amended to read:
   38         125.0104 Tourist development tax; procedure for levying;
   39  authorized uses; referendum; enforcement.—
   40         (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any
   41  other powers and duties provided for agencies created for the
   42  purpose of tourism promotion by a county levying the tourist
   43  development tax, such agencies are authorized and empowered to:
   44         (d) Undertake marketing research and advertising research
   45  studies and provide reservations services and convention and
   46  meetings booking services consistent with the authorized uses of
   47  revenue as set forth in subsection (5).
   48         1. Information given to a county tourism promotion agency
   49  which, if released, would reveal the identity of persons or
   50  entities who provide data or other information as a response to
   51  a sales promotion effort, an advertisement, or a research
   52  project or whose names, addresses, meeting or convention plan
   53  information or accommodations or other visitation needs become
   54  booking or reservation list data, is exempt from s. 119.07(1)
   55  and s. 24(a), Art. I of the State Constitution.
   56         2. The following information, when held by a county tourism
   57  promotion agency, is exempt from s. 119.07(1) and s. 24(a), Art.
   58  I of the State Constitution:
   59         a. Booking business records, as defined in s. 255.047.
   60         b. Trade secrets and commercial or financial information
   61  gathered from a person and privileged or confidential, as
   62  defined and interpreted under 5 U.S.C. s. 552(b)(4), or any
   63  amendments thereto.
   64         3. A trade secret, as defined in s. 812.081, held by a
   65  county tourism promotion agency is exempt from s. 119.07(1) and
   66  s. 24(a), Art. I of the State Constitution. This subparagraph is
   67  subject to the Open Government Sunset Review Act in accordance
   68  with s. 119.15 and shall stand repealed on October 2, 2021,
   69  unless reviewed and saved from repeal through reenactment by the
   70  Legislature.
   71         Reviser’s note.—Amended to conform to the repeal of subparagraph
   72         3. pursuant to its own terms, effective October 2, 2021.
   73         Section 4. Section 197.318, Florida Statutes, is repealed.
   74         Reviser’s note.—The cited section, which relates to abatement of
   75         taxes for residential improvements damaged or destroyed by
   76         Hurricane Hermine, Hurricane Matthew, or Hurricane Irma,
   77         expired pursuant to its own terms, effective January 1,
   78         2021.
   79         Section 5. Paragraph (d) of subsection (11) of section
   80  216.181, Florida Statutes, is repealed.
   81         Reviser’s note.—The cited paragraph, which provided that the
   82         Legislative Budget Commission may increase the amounts
   83         appropriated to the Fish and Wildlife Conservation
   84         Commission or the Department of Environmental Protection
   85         for fixed capital outlay projects using funds from
   86         specified sources, for the 2020-2021 fiscal year only,
   87         expired pursuant to its own terms, effective July 1, 2021.
   88         Section 6. Paragraph (a) of subsection (2) of section
   89  216.292, Florida Statutes, is amended to read:
   90         216.292 Appropriations nontransferable; exceptions.—
   91         (2) The following transfers are authorized to be made by
   92  the head of each department or the Chief Justice of the Supreme
   93  Court whenever it is deemed necessary by reason of changed
   94  conditions:
   95         (a) The transfer of appropriations funded from identical
   96  funding sources, except appropriations for fixed capital outlay,
   97  and the transfer of amounts included within the total original
   98  approved budget and plans of releases of appropriations as
   99  furnished pursuant to ss. 216.181 and 216.192, as follows:
  100         1. Between categories of appropriations within a budget
  101  entity, if no category of appropriation is increased or
  102  decreased by more than 5 percent of the original approved budget
  103  or $250,000, whichever is greater, by all action taken under
  104  this subsection.
  105         2. Between budget entities within identical categories of
  106  appropriations, if no category of appropriation is increased or
  107  decreased by more than 5 percent of the original approved budget
  108  or $250,000, whichever is greater, by all action taken under
  109  this subsection.
  110         3. Any agency exceeding salary rate established pursuant to
  111  s. 216.181(8) on June 30th of any fiscal year shall not be
  112  authorized to make transfers pursuant to subparagraphs 1. and 2.
  113  in the subsequent fiscal year.
  114         4. Notice of proposed transfers under subparagraphs 1. and
  115  2. shall be provided to the Executive Office of the Governor and
  116  the chairs of the legislative appropriations committees at least
  117  3 days prior to agency implementation in order to provide an
  118  opportunity for review. The review shall be limited to ensuring
  119  that the transfer is in compliance with the requirements of this
  120  paragraph.
  121         5. For the 2020-2021 fiscal year, the review shall ensure
  122  that transfers proposed pursuant to this paragraph comply with
  123  this chapter, maximize the use of available and appropriate
  124  trust funds, and are not contrary to legislative policy and
  125  intent. This subparagraph expires July 1, 2021.
  126         Reviser’s note.—Amended to conform to the expiration of
  127         subparagraph 5. pursuant to its own terms, effective July
  128         1, 2021.
  129         Section 7. Subsection (15) of section 255.065, Florida
  130  Statutes, is repealed.
  131         Reviser’s note.—The cited subsection, which provides an
  132         exemption from open government requirements for specified
  133         unsolicited proposals received by a responsible public
  134         entity, was repealed pursuant to its own terms, effective
  135         October 2, 2021.
  136         Section 8. Subsection (9) of section 288.1226, Florida
  137  Statutes, is repealed.
  138         Reviser’s note.—The cited subsection, which provides an
  139         exemption from open government requirements for the
  140         identity of any person who responds to a marketing project
  141         or advertising research project conducted by the Florida
  142         Tourism Industry Marketing Corporation conducted by the
  143         corporation in the performance of its duties on behalf of
  144         Enterprise Florida, Inc., or trade secrets obtained
  145         pursuant thereto, was repealed pursuant to its own terms,
  146         effective October 2, 2021.
  147         Section 9. Paragraph (f) of subsection (2) of section
  148  316.066, Florida Statutes, is repealed.
  149         Reviser’s note.—The cited paragraph, which provides for an
  150         exemption from open government requirements for requests
  151         for phone numbers and addresses of parties in an automobile
  152         crash report, by specified free newspapers, was repealed
  153         pursuant to its own terms, effective October 2, 2019.
  154         Section 10. Section 331.326, Florida Statutes, is repealed.
  155         Reviser’s note.—The cited section, which provides an exemption
  156         from open government requirements for trade secrets in the
  157         records of Space Florida, was repealed pursuant to its own
  158         terms, effective October 2, 2021.
  159         Section 11. Subsection (6) of section 339.63, Florida
  160  Statutes, is repealed.
  161         Reviser’s note.—The cited subsection, which directs the
  162         Department of Transportation to fully fund projects on
  163         facilities that were designated as part of the Strategic
  164         Intermodal System before the most recent designation
  165         change, which were approved by the Secretary of
  166         Transportation in May 2019, and for which construction has
  167         commenced but is not completed, expired pursuant to its own
  168         terms, effective July 1, 2021.
  169         Section 12. Section 381.0068, Florida Statutes, is
  170  repealed.
  171         Reviser’s note.—The cited section, which relates to a technical
  172         review and advisory panel to assist the Department of
  173         Health with rule adoption, was repealed by s. 9, ch. 2020
  174         150, Laws of Florida, effective July 1, 2021. Since the
  175         section was not repealed by a “current session” of the
  176         Legislature, it may be omitted from the 2022 Florida
  177         Statutes only through a reviser’s bill duly enacted by the
  178         Legislature. See s. 11.242(5)(b) and (i).
  179         Section 13. Section 381.83, Florida Statutes, is repealed.
  180         Reviser’s note.—The cited section, which provides an exemption
  181         from open government requirements for trade secrets
  182         obtained under chapter 381, was repealed pursuant to its
  183         own terms, effective October 2, 2021.
  184         Section 14. Section 393.0661, Florida Statutes, is
  185  repealed.
  186         Reviser’s note.—The cited section, which relates to a
  187         comprehensive redesign of the home and community-based
  188         services delivery system, was repealed by s. 3, ch. 2020
  189         71, Laws of Florida, effective July 1, 2021. Since the
  190         section was not repealed by a “current session” of the
  191         Legislature, it may be omitted from the 2022 Florida
  192         Statutes only through a reviser’s bill duly enacted by the
  193         Legislature. See s. 11.242(5)(b) and (i).
  194         Section 15. Paragraph (f) of subsection (1) of section
  195  395.1055, Florida Statutes, is repealed.
  196         Reviser’s note.—The cited paragraph, which relates to submittal
  197         of such data as necessary to conduct certificate-of-need
  198         reviews required under part I of chapter 408 by hospitals,
  199         was repealed by s. 3, ch. 2019-136, Laws of Florida,
  200         effective July 1, 2021. Since the paragraph was not
  201         repealed by a “current session” of the Legislature, it may
  202         be omitted from the 2022 Florida Statutes only through a
  203         reviser’s bill duly enacted by the Legislature. See s.
  204         11.242(5)(b) and (i).
  205         Section 16. Subsection (2) of section 403.7046, Florida
  206  Statutes, is repealed, and paragraph (b) of subsection (3) of
  207  that section is amended to read:
  208         403.7046 Regulation of recovered materials.—
  209         (3) Except as otherwise provided in this section or
  210  pursuant to a special act in effect on or before January 1,
  211  1993, a local government may not require a commercial
  212  establishment that generates source-separated recovered
  213  materials to sell or otherwise convey its recovered materials to
  214  the local government or to a facility designated by the local
  215  government, nor may the local government restrict such a
  216  generator’s right to sell or otherwise convey such recovered
  217  materials to any properly certified recovered materials dealer
  218  who has satisfied the requirements of this section. A local
  219  government may not enact any ordinance that prevents such a
  220  dealer from entering into a contract with a commercial
  221  establishment to purchase, collect, transport, process, or
  222  receive source-separated recovered materials.
  223         (b)1. Before engaging in business within the jurisdiction
  224  of the local government, a recovered materials dealer or
  225  pyrolysis facility must provide the local government with a copy
  226  of the certification provided for in this section. In addition,
  227  the local government may establish a registration process
  228  whereby a recovered materials dealer or pyrolysis facility must
  229  register with the local government before engaging in business
  230  within the jurisdiction of the local government. Such
  231  registration process is limited to requiring the dealer or
  232  pyrolysis facility to register its name, including the owner or
  233  operator of the dealer or pyrolysis facility, and, if the dealer
  234  or pyrolysis facility is a business entity, its general or
  235  limited partners, its corporate officers and directors, its
  236  permanent place of business, evidence of its certification under
  237  this section, and a certification that the recovered materials
  238  or post-use polymers will be processed at a recovered materials
  239  processing facility or pyrolysis facility satisfying the
  240  requirements of this section. The local government may not use
  241  the information provided in the registration application to
  242  compete unfairly with the recovered materials dealer until 90
  243  days after receipt of the application. All counties, and
  244  municipalities whose population exceeds 35,000 according to the
  245  population estimates determined pursuant to s. 186.901, may
  246  establish a reporting process that must be limited to the
  247  regulations, reporting format, and reporting frequency
  248  established by the department pursuant to this section, which
  249  must, at a minimum, include requiring the dealer or pyrolysis
  250  facility to identify the types and approximate amount of
  251  recovered materials or post-use polymers collected, recycled, or
  252  reused during the reporting period; the approximate percentage
  253  of recovered materials or post-use polymers reused, stored, or
  254  delivered to a recovered materials processing facility or
  255  pyrolysis facility or disposed of in a solid waste disposal
  256  facility; and the locations where any recovered materials or
  257  post-use polymers were disposed of as solid waste. The local
  258  government may charge the dealer or pyrolysis facility a
  259  registration fee commensurate with and no greater than the cost
  260  incurred by the local government in operating its registration
  261  program. Registration program costs are limited to those costs
  262  associated with the activities described in this paragraph
  263  subparagraph. Any reporting or registration process established
  264  by a local government with regard to recovered materials or
  265  post-use polymers is governed by this section and department
  266  rules adopted pursuant thereto.
  267         2. Information reported under this subsection which, if
  268  disclosed, would reveal a trade secret, as defined in s.
  269  812.081, is confidential and exempt from s. 119.07(1) and s.
  270  24(a), Art. I of the State Constitution. This subparagraph is
  271  subject to the Open Government Sunset Review Act in accordance
  272  with s. 119.15 and shall stand repealed on October 2, 2021,
  273  unless reviewed and saved from repeal through reenactment by the
  274  Legislature.
  275         Reviser’s note.—Amended to conform to the repeal of subsection
  276         (2) and subparagraph (3)(b)2., which were repealed pursuant
  277         to their own terms, effective October 2, 2021.
  278         Section 17. Section 403.73, Florida Statutes, is repealed.
  279         Reviser’s note.—The cited section, which provides an exemption
  280         from open government requirements for trade secrets within
  281         specified records, reports, or information under part IV of
  282         chapter 403, was repealed pursuant to its own terms,
  283         effective October 2, 2021.
  284         Section 18. Subsection (6) of section 409.968, Florida
  285  Statutes, is repealed.
  286         Reviser’s note.—The cited subsection, which requires the Agency
  287         for Health Care Administration to withhold and set aside a
  288         portion of the managed care rates from the rate cells for
  289         special needs and home health services in managed medical
  290         assistance and managed long-term care programs to implement
  291         a home health performance incentive program, expired
  292         pursuant to its own terms, effective July 1, 2021.
  293         Section 19. Subsection (2) of section 420.0005, Florida
  294  Statutes, is repealed.
  295         Reviser’s note.—The cited subsection, which relates to use of
  296         funds as provided in the General Appropriations Act for the
  297         State Housing Trust Fund and the State Housing Fund for the
  298         2020-2021 fiscal year, expired pursuant to its own terms,
  299         effective July 1, 2021.
  300         Section 20. Subsection (3) of section 420.9079, Florida
  301  Statutes, is repealed.
  302         Reviser’s note.—The cited subsection, which relates to use of
  303         funds as provided in the General Appropriations Act for the
  304         Local Government Housing Trust Fund for the 2020-2021
  305         fiscal year, expired pursuant to its own terms, effective
  306         July 1, 2021.
  307         Section 21. Paragraph (b) of subsection (7) of section
  308  499.0121, Florida Statutes, is repealed.
  309         Reviser’s note.—The cited paragraph, which provides an exemption
  310         from open government requirements for information
  311         constituting a trade secret within prescription drug
  312         purchase lists, was repealed pursuant to its own terms,
  313         effective October 2, 2021.
  314         Section 22. Paragraph (b) of subsection (7) of section
  315  499.051, Florida Statutes, is repealed.
  316         Reviser’s note.—The cited paragraph, which provides an exemption
  317         from open government requirements for information
  318         constituting a trade secret contained in a complaint or
  319         obtained by the Department of Business and Professional
  320         Regulation pursuant to an investigation, was repealed
  321         pursuant to its own terms, effective October 2, 2021.
  322         Section 23. Section 499.931, Florida Statutes, is repealed.
  323         Reviser’s note.—The cited section, which provides an exemption
  324         from open government requirements for trade secret
  325         information submitted under part III of chapter 499, was
  326         repealed pursuant to its own terms, effective October 2,
  327         2021.
  328         Section 24. Section 502.222, Florida Statutes, is repealed.
  329         Reviser’s note.—The cited section, which provides an exemption
  330         from open government requirements for information in
  331         Department of Agriculture and Consumer Services records
  332         regarding matters encompassed by chapter 502 that would
  333         reveal a trade secret, was repealed pursuant to its own
  334         terms, effective October 2, 2021.
  335         Section 25. Subsection (3) of section 570.48, Florida
  336  Statutes, is repealed.
  337         Reviser’s note.—The cited subsection, which provides an
  338         exemption from open government requirements for trade
  339         secret information within records of the Division of Fruit
  340         and Vegetables, was repealed pursuant to its own terms,
  341         effective October 2, 2021.
  342         Section 26. Subsection (2) of section 573.123, Florida
  343  Statutes, is repealed.
  344         Reviser’s note.—The cited subsection, which provides an
  345         exemption from open government requirements for trade
  346         secret information relating to marketing orders, was
  347         repealed pursuant to its own terms, effective October 2,
  348         2021.
  349         Section 27. Paragraph (b) of subsection (8) of section
  350  601.10, Florida Statutes, is repealed.
  351         Reviser’s note.—The cited paragraph, which provides an exemption
  352         from open government requirements for trade secret
  353         information provided to the Department of Citrus, was
  354         repealed pursuant to its own terms, effective October 2,
  355         2021.
  356         Section 28. Paragraph (d) of subsection (7) of section
  357  601.15, Florida Statutes, is amended to read:
  358         601.15 Advertising campaign; methods of conducting;
  359  assessments; emergency reserve fund; citrus research.—
  360         (7) All assessments levied and collected under this chapter
  361  shall be paid into the State Treasury on or before the 15th day
  362  of each month. Such moneys shall be accounted for in a special
  363  fund to be designated as the Florida Citrus Advertising Trust
  364  Fund, and all moneys in such fund are appropriated to the
  365  department for the following purposes:
  366         (d)1. The pro rata portion of moneys allocated to each type
  367  of citrus product in noncommodity programs shall be used by the
  368  department to encourage substantial increases in the
  369  effectiveness, frequency, and volume of noncommodity
  370  advertising, merchandising, publicity, and sales promotion of
  371  such citrus products through rebates and incentive payments to
  372  handlers and trade customers for these activities. The
  373  department shall adopt rules providing for the use of such
  374  moneys. The rules shall establish alternate incentive programs,
  375  including at least one incentive program for product sold under
  376  advertised brands, one incentive program for product sold under
  377  private label brands, and one incentive program for product sold
  378  in bulk. For each incentive program, the rules must establish
  379  eligibility and performance requirements and must provide
  380  appropriate limitations on amounts payable to a handler or trade
  381  customer for a particular season. Such limitations may relate to
  382  the amount of citrus assessments levied and collected on the
  383  citrus product handled by such handler or trade customer during
  384  a 12-month representative period.
  385         2. The department may require from participants in
  386  noncommodity advertising and promotional programs commercial
  387  information necessary to determine eligibility for and
  388  performance in such programs. Any information required which
  389  constitutes a trade secret as defined in s. 812.081 is
  390  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  391  of the State Constitution. This subparagraph is subject to the
  392  Open Government Sunset Review Act in accordance with s. 119.15
  393  and shall stand repealed on October 2, 2021, unless reviewed and
  394  saved from repeal through reenactment by the Legislature.
  395         Reviser’s note.—Amended to conform to the repeal of subparagraph
  396         2. pursuant to its own terms, effective October 2, 2021.
  397         Section 29. Paragraph (c) of subsection (8) of section
  398  601.152, Florida Statutes, is amended to read:
  399         601.152 Special marketing orders.—
  400         (8)
  401         (c)1. Every handler shall, at such times as the department
  402  may require, file with the department a return, not under oath,
  403  on forms to be prescribed and furnished by the department,
  404  certified as true and correct, stating the quantity of the type,
  405  variety, and form of citrus fruit or citrus product specified in
  406  the marketing order first handled in the primary channels of
  407  trade in the state by such handler during the period of time
  408  specified in the marketing order. Such returns must contain any
  409  further information deemed by the department to be reasonably
  410  necessary to properly administer or enforce this section or any
  411  marketing order implemented under this section.
  412         2. Information that, if disclosed, would reveal a trade
  413  secret, as defined in s. 812.081, of any person subject to a
  414  marketing order is confidential and exempt from s. 119.07(1) and
  415  s. 24(a), Art. I of the State Constitution. This subparagraph is
  416  subject to the Open Government Sunset Review Act in accordance
  417  with s. 119.15 and shall stand repealed on October 2, 2021,
  418  unless reviewed and saved from repeal through reenactment by the
  419  Legislature.
  420         Reviser’s note.—Amended to conform to the repeal of subparagraph
  421         2. pursuant to its own terms, effective October 2, 2021.
  422         Section 30. Section 601.76, Florida Statutes, is repealed.
  423         Reviser’s note.—The cited section, which provides an exemption
  424         from open government requirements for formulas, which are
  425         deemed trade secrets, required to be filed with the
  426         Department of Agriculture under the section, was repealed
  427         pursuant to its own terms, effective October 2, 2021.
  428         Section 31. Subsection (3) of section 815.04, Florida
  429  Statutes, is repealed.
  430         Reviser’s note.—The cited subsection, which provides an
  431         exemption from open government requirements for data,
  432         programs, or supporting documentation constituting a trade
  433         secret as defined in s. 812.081, held by an agency as
  434         defined in chapter 119 and that resides on specified
  435         electronic devices, was repealed pursuant to its own terms,
  436         effective October 2, 2021.
  437         Section 32. Subsection (17) of section 893.055, Florida
  438  Statutes, is repealed.
  439         Reviser’s note.—The cited subsection, which prohibits the
  440         Attorney General and the Department of Health from using
  441         funds received as part of a settlement agreement to
  442         administer the prescription drug monitoring program,
  443         expired pursuant to its own terms, effective July 1, 2021.
  444         Section 33. Sections 1004.33 and 1004.34, Florida Statutes,
  445  are repealed.
  446         Reviser’s note.—The cited sections, which relate to University
  447         of South Florida St. Petersburg and the University of South
  448         Florida Sarasota, respectively, were repealed by s. 8, ch.
  449         2018-4, Laws of Florida, effective July 1, 2020. Since the
  450         sections were not repealed by a “current session” of the
  451         Legislature, they may be omitted from the 2022 Florida
  452         Statutes only through a reviser’s bill duly enacted by the
  453         Legislature. See s. 11.242(5)(b) and (i).
  454         Section 34. Section 1004.335, Florida Statutes, is
  455  repealed.
  456         Reviser’s note.—The cited section, which relates to
  457         accreditation consolidation of South Florida branch
  458         campuses, expired pursuant to its own terms, effective July
  459         1, 2020.
  460         Section 35. Paragraph (b) of subsection (1) of section
  461  194.032, Florida Statutes, is amended to read:
  462         194.032 Hearing purposes; timetable.—
  463         (1)
  464         (b) Notwithstanding the provisions of paragraph (a), the
  465  value adjustment board may meet prior to the approval of the
  466  assessment rolls by the Department of Revenue, but not earlier
  467  than July 1, to hear appeals pertaining to the denial by the
  468  property appraiser of exemptions, tax abatements under s.
  469  197.318, agricultural and high-water recharge classifications,
  470  classifications as historic property used for commercial or
  471  certain nonprofit purposes, and deferrals under subparagraphs
  472  (a)2., 3., and 4. In such event, however, the board may not
  473  certify any assessments under s. 193.122 until the Department of
  474  Revenue has approved the assessments in accordance with s.
  475  193.1142 and all hearings have been held with respect to the
  476  particular parcel under appeal.
  477         Reviser’s note.—Amended to conform to the repeal of s. 197.318
  478         by this act.
  479         Section 36. Section 218.131, Florida Statutes, is repealed.
  480         Reviser’s note.—The cited section, which relates to offset for
  481         tax loss associated with reductions in value of certain
  482         residences due to specified hurricanes for the 2019-2020
  483         fiscal year, occurring as a direct result of the
  484         implementation of s. 197.318, is obsolete and intricately
  485         tied to s. 197.318, which is repealed by this act.
  486         Section 37. Subsection (5) of section 395.1065, Florida
  487  Statutes, is amended to read:
  488         395.1065 Criminal and administrative penalties;
  489  moratorium.—
  490         (5) The agency shall impose a fine of $500 for each
  491  instance of the facility’s failure to provide the information
  492  required by rules adopted pursuant to s. 395.1055(1)(f)
  493  395.1055(1)(g).
  494         Reviser’s note.—Amended to conform to the repeal of s.
  495         395.1055(1)(f) by this act.
  496         Section 38. Subsection (2) of section 603.011, Florida
  497  Statutes, is amended to read:
  498         603.011 Fruit and vegetable inspection fees; penalty.—
  499         (2) All fees collected by the department under this section
  500  shall be deposited into the Citrus Inspection Trust Fund, except
  501  that fees collected pursuant to paragraph (1)(b) and s.
  502  570.48(3) 570.48(4) shall be deposited in the General Inspection
  503  Trust Fund.
  504         Reviser’s note.—Amended to conform to the repeal of s. 570.48(3)
  505         by this act.
  506         Section 39. Section 601.80, Florida Statutes, is amended to
  507  read:
  508         601.80 Unlawful to use uncertified coloring matter.—It is
  509  unlawful for any person to use on oranges or citrus hybrids any
  510  coloring matter which has not first received the approval of the
  511  Department of Agriculture as provided under s. 601.76.
  512         Reviser’s note.—Amended to conform to the repeal of s. 601.76 by
  513         this act.
  514         Section 40. Subsection (1) of section 721.071, Florida
  515  Statutes, is amended to read:
  516         721.071 Trade secrets.—
  517         (1) If a developer or any other person filing material with
  518  the division pursuant to this chapter expects the division to
  519  keep the material confidential on grounds that the material
  520  constitutes a trade secret, as that term is defined in s.
  521  812.081, the developer or other person shall file the material
  522  together with an affidavit of confidentiality. “Filed material”
  523  for purposes of this section shall mean material that is filed
  524  with the division with the expectation that the material will be
  525  kept confidential and that is accompanied by an affidavit of
  526  confidentiality. Filed material that is trade secret information
  527  includes, but is not limited to, service contracts relating to
  528  the operation of reservation systems and those items and matters
  529  described in s. 815.04(3).
  530         Reviser’s note.—Amended to conform to the repeal of s. 815.04(3)
  531         by this act.
  532         Section 41. Section 815.045, Florida Statutes, is amended
  533  to read:
  534         815.045 Trade secret information.—The Legislature finds
  535  that it is a public necessity that trade secret information as
  536  defined in s. 812.081, and as provided for in s. 815.04(3), be
  537  expressly made confidential and exempt from the public records
  538  law because it is a felony to disclose such records. Due to the
  539  legal uncertainty as to whether a public employee would be
  540  protected from a felony conviction if otherwise complying with
  541  chapter 119, and with s. 24(a), Art. I of the State
  542  Constitution, it is imperative that a public records exemption
  543  be created. The Legislature in making disclosure of trade
  544  secrets a crime has clearly established the importance attached
  545  to trade secret protection. Disclosing trade secrets in an
  546  agency’s possession would negatively impact the business
  547  interests of those providing an agency such trade secrets by
  548  damaging them in the marketplace, and those entities and
  549  individuals disclosing such trade secrets would hesitate to
  550  cooperate with that agency, which would impair the effective and
  551  efficient administration of governmental functions. Thus, the
  552  public and private harm in disclosing trade secrets
  553  significantly outweighs any public benefit derived from
  554  disclosure, and the public’s ability to scrutinize and monitor
  555  agency action is not diminished by nondisclosure of trade
  556  secrets.
  557         Reviser’s note.—Amended to conform to the repeal of s. 815.04(3)
  558         by this act.
  559         Section 42. Paragraphs (a) and (c) of subsection (3) of
  560  section 921.0022, Florida Statutes, are amended to read:
  561         921.0022 Criminal Punishment Code; offense severity ranking
  562  chart.—
  563         (3) OFFENSE SEVERITY RANKING CHART
  564         (a) LEVEL 1
  565  
  566  FloridaStatute          FelonyDegree          Description          
  567  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
  568  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
  569  212.15(2)(b)                3rd     Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
  570  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
  571  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
  572  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
  573  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
  574  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  575  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
  576  322.212(5)(a)               3rd     False application for driver license or identification card.
  577  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  578  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
  579  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value $1,000 or more.
  580  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
  581  713.69                      3rd     Tenant removes property upon which lien has accrued, value $1,000 or more.
  582  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  583  815.04(4)(a) 815.04(5)(a)    3rd     Offense against intellectual property (i.e., computer programs, data).
  584  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
  585  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
  586  826.01                      3rd     Bigamy.                        
  587  828.122(3)                  3rd     Fighting or baiting animals.   
  588  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  589  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  590  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
  591  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  592  838.15(2)                   3rd     Commercial bribe receiving.    
  593  838.16                      3rd     Commercial bribery.            
  594  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
  595  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  596  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  597  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
  598  849.25(2)                   3rd     Engaging in bookmaking.        
  599  860.08                      3rd     Interfere with a railroad signal.
  600  860.13(1)(a)                3rd     Operate aircraft while under the influence.
  601  893.13(2)(a)2.              3rd     Purchase of cannabis.          
  602  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
  603  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
  604         (c) LEVEL 3
  605  
  606  FloridaStatute           FelonyDegree         Description          
  607  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  608  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  609  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  610  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  611  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  612  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  613  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  614  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  615  327.35(2)(b)                 3rd     Felony BUI.                   
  616  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  617  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  618  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  619  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  620  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  621  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  622  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  623  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  624  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  625  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  626  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  627  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  628  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  629  697.08                       3rd     Equity skimming.              
  630  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  631  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  632  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  633  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  634  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  635  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  636  812.015(8)(b)                3rd     Retail theft with intent to sell; conspires with others.
  637  812.081(2)                   3rd     Theft of a trade secret.      
  638  815.04(4)(b) 815.04(5)(b)    2nd     Computer offense devised to defraud or obtain property.
  639  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  640  817.233                      3rd     Burning to defraud insurer.   
  641  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  642  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  643  817.236                      3rd     Filing a false motor vehicle insurance application.
  644  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  645  817.413(2)                   3rd     Sale of used goods of $1,000 or more as new.
  646  817.49(2)(b)1.               3rd     Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
  647  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  648  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  649  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  650  843.19                       2nd     Injure, disable, or kill police, fire, or SAR canine or police horse.
  651  860.15(3)                    3rd     Overcharging for repairs and parts.
  652  870.01(2)                    3rd     Riot.                         
  653  870.01(4)                    3rd     Inciting a riot.              
  654  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  655  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  656  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  657  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  658  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  659  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  660  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  661  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  662  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  663  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  664  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  665  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  666  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  667  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  668  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  669  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  670  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  671         Reviser’s note.—Amended to conform to the repeal of s. 815.04(3)
  672         by this act.
  673         Section 43. This act shall take effect on the 60th day
  674  after adjournment sine die of the session of the Legislature in
  675  which enacted.