Florida Senate - 2023                                      SB 32
       
       
                                                                       
       By Senator Mayfield
       
       
       
       
       
       19-01965-23                                             202332__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; amending ss.
    3         8.0001, 10.201, 11.45, 14.2019, 16.71, 16.713, 16.715,
    4         20.03, 22.03, 23.21, 24.103, 28.2457, 39.0016, 39.101,
    5         44.1011, 45.011, 61.046, 83.43, 83.803, 90.5015,
    6         90.801, 97.021, 98.065, 101.019, 101.292, 101.69,
    7         106.08, 110.123, 110.501, 112.044, 112.0455, 112.061,
    8         112.19, 112.26, 112.3144, 112.3187, 112.352, 112.353,
    9         112.361, 112.625, 116.34, 121.021, 121.051, 125.0104,
   10         125.488, 159.47, 163.32051, 166.0484, 175.261,
   11         185.221, 205.022, 215.5551, 216.011, 251.001, 252.35,
   12         282.319, 287.012, 287.057, 288.101, 288.9625, 290.007,
   13         295.0185, 295.061, 322.051, 322.21, 327.371, 327.4108,
   14         331.303, 331.3101, 332.0075, 337.023, 348.0305,
   15         373.0363, 377.814, 379.2273, 381.00319, 381.0065,
   16         383.145, 394.4573, 394.459, 394.9086, 395.1041,
   17         395.1065, 400.141, 401.23, 409.1465, 409.147,
   18         409.1664, 409.2557, 409.2564, 409.912, 414.1251,
   19         415.102, 440.02, 440.14, 440.151, 440.385, 440.525,
   20         455.32, 456.048, 456.076, 468.603, 471.038, 491.003,
   21         491.0045, 491.009, 497.260, 550.002, 550.01215,
   22         550.2625, 553.895, 560.141, 624.36, 626.321, 626.9891,
   23         695.031, 705.101, 718.501, 719.501, 720.304, 741.313,
   24         744.2111, 766.105, 768.28, 796.07, 815.062, 907.044,
   25         943.10, 943.13, 946.502, 951.23, 960.0021, 961.06,
   26         985.26, 1000.21, 1001.11, 1001.60, 1002.01, 1002.20,
   27         1002.3105, 1002.33, 1002.37, 1002.394, 1002.42,
   28         1002.43, 1002.455, 1003.01, 1003.03, 1003.21, 1003.26,
   29         1003.4282, 1003.485, 1003.52, 1003.573, 1003.575,
   30         1004.22, 1004.43, 1004.447, 1004.648, 1004.6496,
   31         1004.65, 1004.79, 1006.0626, 1006.07, 1006.1493,
   32         1006.28, 1006.73, 1007.33, 1008.24, 1008.47, 1009.21,
   33         1009.286, 1009.89, 1009.895, and 1012.2315, F.S.;
   34         deleting provisions that have expired, have become
   35         obsolete, have had their effect, have served their
   36         purpose, or have been impliedly repealed or
   37         superseded; replacing incorrect cross-references and
   38         citations; correcting grammatical, typographical, and
   39         like errors; removing inconsistencies, redundancies,
   40         and unnecessary repetition in the statutes; and
   41         improving the clarity of the statutes and facilitating
   42         their correct interpretation; providing effective
   43         dates.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Paragraph (b) of subsection (2) of section
   48  8.0001, Florida Statutes, is amended to read:
   49         8.0001 Definitions.—In accordance with s. 8(a), Art. X of
   50  the State Constitution, the United States Decennial Census of
   51  2020 is the official census of the state for the purposes of
   52  congressional redistricting.
   53         (2) As used in this chapter, the term:
   54         (b) “Block equivalency file” describes a list of all blocks
   55  within the state and the congressional district number
   56  designated for each block. Blocks are listed by a 15-character
   57  number that combines the five-character county-level Federal
   58  Information Processing Standards (FIPS) code, the six-character
   59  tract number with leading zeros and an implied decimal, the
   60  single-character block group number, and the three-character
   61  block number.
   62         Reviser’s note.—Amended to confirm an editorial insertion to
   63         conform to the complete name of the standards and
   64         guidelines for federal computer systems that are developed
   65         by the National Institute of Standards and Technology.
   66         Section 2. Paragraph (b) of subsection (3) of section
   67  10.201, Florida Statutes, is amended to read:
   68         10.201 Official census for apportionment; definitions.—
   69         (3) As used in this joint resolution, the term:
   70         (b) “Block equivalency file” describes a list of all blocks
   71  within the state and the representative or senatorial district
   72  number designated for each block. Blocks are listed by a 15
   73  character number that combines the five-character county-level
   74  Federal Information Processing Standards System (FIPS) code, the
   75  six-character tract number with leading zeros and an implied
   76  decimal, the single-character block group number, and the three
   77  character block number.
   78         Reviser’s note.—Amended to confirm an editorial substitution to
   79         conform to the correct name of the standards and guidelines
   80         for federal computer systems that are developed by the
   81         National Institute of Standards and Technology.
   82         Section 3. Paragraph (k) of subsection (2) of section
   83  11.45, Florida Statutes, is amended to read:
   84         11.45 Definitions; duties; authorities; reports; rules.—
   85         (2) DUTIES.—The Auditor General shall:
   86         (k) Contact each district school board, as defined in s.
   87  1003.01(7) 1003.01(1), with the findings and recommendations
   88  contained within the Auditor General’s previous operational
   89  audit report. The district school board shall provide the
   90  Auditor General with evidence of the initiation of corrective
   91  action within 45 days after the date it is requested by the
   92  Auditor General and evidence of completion of corrective action
   93  within 180 days after the date it is requested by the Auditor
   94  General. If the district school board fails to comply with the
   95  Auditor General’s request or is unable to take corrective action
   96  within the required timeframe, the Auditor General shall notify
   97  the Legislative Auditing Committee.
   98  
   99  The Auditor General shall perform his or her duties
  100  independently but under the general policies established by the
  101  Legislative Auditing Committee. This subsection does not limit
  102  the Auditor General’s discretionary authority to conduct other
  103  audits or engagements of governmental entities as authorized in
  104  subsection (3).
  105         Reviser’s note.—Amended to conform to the reordering of
  106         definitions in s. 1003.01 by this act.
  107         Section 4. Subsection (5) of section 14.2019, Florida
  108  Statutes, is amended to read:
  109         14.2019 Statewide Office for Suicide Prevention.—
  110         (5) The First Responders Suicide Deterrence Task Force, a
  111  task force as defined in s. 20.03(5) 20.03(8), is created
  112  adjunct to the Statewide Office for Suicide Prevention.
  113         (a) The purpose of the task force is to make
  114  recommendations on how to reduce the incidence of suicide and
  115  attempted suicide among employed or retired first responders in
  116  the state.
  117         (b) The task force is composed of a representative of the
  118  statewide office and a representative of each of the following
  119  first responder organizations, nominated by the organization and
  120  appointed by the Secretary of Children and Families:
  121         1. The Florida Professional Firefighters Association.
  122         2. The Florida Police Benevolent Association.
  123         3. The Florida State Lodge of the Fraternal Order of
  124  Police.
  125         4. The Florida Sheriffs Association.
  126         5. The Florida Police Chiefs Association.
  127         6. The Florida Fire Chiefs’ Association.
  128         (c) The task force shall elect a chair from among its
  129  membership. Except as otherwise provided, the task force shall
  130  operate in a manner consistent with s. 20.052.
  131         (d) The task force shall identify or make recommendations
  132  on developing training programs and materials that would better
  133  enable first responders to cope with personal life stressors and
  134  stress related to their profession and foster an organizational
  135  culture that:
  136         1. Promotes mutual support and solidarity among active and
  137  retired first responders.
  138         2. Trains agency supervisors and managers to identify
  139  suicidal risk among active and retired first responders.
  140         3. Improves the use and awareness of existing resources
  141  among active and retired first responders.
  142         4. Educates active and retired first responders on suicide
  143  awareness and help-seeking.
  144         (e) The task force shall identify state and federal public
  145  resources, funding and grants, first responder association
  146  resources, and private resources to implement identified
  147  training programs and materials.
  148         (f) The task force shall report on its findings and
  149  recommendations for training programs and materials to deter
  150  suicide among active and retired first responders to the
  151  Governor, the President of the Senate, and the Speaker of the
  152  House of Representatives by each July 1, beginning in 2021, and
  153  through 2023.
  154         (g) This subsection is repealed July 1, 2023.
  155         Reviser’s note.—The introductory paragraph to subsection (5) is
  156         amended to conform to the reordering of definitions in s.
  157         20.03 by this act. Paragraph (f) is amended to delete
  158         obsolete language.
  159         Section 5. Paragraph (b) of subsection (3) of section
  160  16.71, Florida Statutes, is amended to read:
  161         16.71 Florida Gaming Control Commission; creation;
  162  meetings; membership.—
  163         (3) REQUIREMENTS FOR APPOINTMENT; PROHIBITIONS.—
  164         (b) The Governor may not solicit or request any
  165  nominations, recommendations, or communications about potential
  166  candidates for appointment to the commission from:
  167         1. Any person that holds a permit or license issued under
  168  chapter 550, or a license issued under chapter 551 or chapter
  169  849; an officer, official, or employee of such permitholder or
  170  licensee; or an ultimate equitable owner, as defined in s.
  171  550.002(37) 550.002(36), of such permitholder or licensee;
  172         2. Any officer, official, employee, or other person with
  173  duties or responsibilities relating to a gaming operation owned
  174  by an Indian tribe that has a valid and active compact with the
  175  state; a contractor or subcontractor of such tribe or an entity
  176  employed, licensed, or contracted by such tribe; or an ultimate
  177  equitable owner, as defined in s. 550.002(37) 550.002(36), of
  178  such entity; or
  179         3. Any registered lobbyist for the executive or legislative
  180  branch who represents any person or entity identified in
  181  subparagraph 1. or subparagraph 2.
  182         Reviser’s note.—Amended to conform to the reordering of
  183         definitions in s. 550.002 by this act.
  184         Section 6. Paragraphs (a) and (b) of subsection (2) of
  185  section 16.713, Florida Statutes, are amended to read:
  186         16.713 Florida Gaming Control Commission; appointment and
  187  employment restrictions.—
  188         (2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
  189  INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
  190  COMMISSION.—
  191         (a) A person may not, for the 2 years immediately preceding
  192  the date of appointment to or employment with the commission and
  193  while appointed to or employed with the commission:
  194         1. Hold a permit or license issued under chapter 550 or a
  195  license issued under chapter 551 or chapter 849; be an officer,
  196  official, or employee of such permitholder or licensee; or be an
  197  ultimate equitable owner, as defined in s. 550.002(37)
  198  550.002(36), of such permitholder or licensee;
  199         2. Be an officer, official, employee, or other person with
  200  duties or responsibilities relating to a gaming operation owned
  201  by an Indian tribe that has a valid and active compact with the
  202  state; be a contractor or subcontractor of such tribe or an
  203  entity employed, licensed, or contracted by such tribe; or be an
  204  ultimate equitable owner, as defined in s. 550.002(37)
  205  550.002(36), of such entity;
  206         3. Be a registered lobbyist for the executive or
  207  legislative branch, except while a commissioner or employee of
  208  the commission when officially representing the commission or
  209  unless the person registered as a lobbyist for the executive or
  210  legislative branch while employed by a state agency as defined
  211  in s. 110.107 during the normal course of his or her employment
  212  with such agency and he or she has not lobbied on behalf of any
  213  entity other than a state agency during the 2 years immediately
  214  preceding the date of his or her appointment to or employment
  215  with the commission; or
  216         4. Be a bingo game operator or an employee of a bingo game
  217  operator.
  218         (b) A person is ineligible for appointment to or employment
  219  with the commission if, within the 2 years immediately preceding
  220  such appointment or employment, he or she violated paragraph (a)
  221  or solicited or accepted employment with, acquired any direct or
  222  indirect interest in, or had any direct or indirect business
  223  association, partnership, or financial relationship with, or is
  224  a relative of:
  225         1. Any person or entity who is an applicant, licensee, or
  226  registrant with the commission; or
  227         2. Any officer, official, employee, or other person with
  228  duties or responsibilities relating to a gaming operation owned
  229  by an Indian tribe that has a valid and active compact with the
  230  state; any contractor or subcontractor of such tribe or an
  231  entity employed, licensed, or contracted by such tribe; or any
  232  ultimate equitable owner, as defined in s. 550.002(37)
  233  550.002(36), of such entity.
  234  
  235  For the purposes of this subsection, the term “relative” means a
  236  spouse, father, mother, son, daughter, grandfather, grandmother,
  237  brother, sister, uncle, aunt, cousin, nephew, niece, father-in
  238  law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
  239  sister-in-law, stepfather, stepmother, stepson, stepdaughter,
  240  stepbrother, stepsister, half-brother, or half-sister.
  241         Reviser’s note.—Amended to conform to the reordering of
  242         definitions in s. 550.002 by this act.
  243         Section 7. Paragraphs (b) and (c) of subsection (2) of
  244  section 16.715, Florida Statutes, are amended to read:
  245         16.715 Florida Gaming Control Commission standards of
  246  conduct; ex parte communications.—
  247         (2) FORMER COMMISSIONERS AND EMPLOYEES.—
  248         (b) A commissioner may not, for the 2 years immediately
  249  following the date of resignation or termination from the
  250  commission:
  251         1. Hold a permit or license issued under chapter 550, or a
  252  license issued under chapter 551 or chapter 849; be an officer,
  253  official, or employee of such permitholder or licensee; or be an
  254  ultimate equitable owner, as defined in s. 550.002(37)
  255  550.002(36), of such permitholder or licensee;
  256         2. Accept employment by or compensation from a business
  257  entity that, directly or indirectly, owns or controls a person
  258  regulated by the commission; from a person regulated by the
  259  commission; from a business entity which, directly or
  260  indirectly, is an affiliate or subsidiary of a person regulated
  261  by the commission; or from a business entity or trade
  262  association that has been a party to a commission proceeding
  263  within the 2 years preceding the member’s resignation or
  264  termination of service on the commission; or
  265         3. Be a bingo game operator or an employee of a bingo game
  266  operator.
  267         (c) A person employed by the commission may not, for the 2
  268  years immediately following the date of termination or
  269  resignation from employment with the commission:
  270         1. Hold a permit or license issued under chapter 550, or a
  271  license issued under chapter 551 or chapter 849; be an officer,
  272  official, or employee of such permitholder or licensee; or be an
  273  ultimate equitable owner, as defined in s. 550.002(37)
  274  550.002(36), of such permitholder or licensee; or
  275         2. Be a bingo game operator or an employee of a bingo game
  276  operator.
  277         Reviser’s note.—Amended to conform to the reordering of
  278         definitions in s. 550.002 by this act.
  279         Section 8. Subsections (1) through (6) and (8) through (12)
  280  of section 20.03, Florida Statutes, are reordered and amended to
  281  read:
  282         20.03 Definitions.—To provide uniform nomenclature
  283  throughout the structure of the executive branch, the following
  284  definitions apply:
  285         (3)(1) “Cabinet” means collectively the Attorney General,
  286  the Chief Financial Officer, and the Commissioner of
  287  Agriculture, as specified in s. 4, Art. IV of the State
  288  Constitution.
  289         (8)(2) “Department” means the principal administrative unit
  290  within the executive branch of state government.
  291         (9)(3) “Examining and licensing board” means a board
  292  authorized to grant and revoke licenses to engage in regulated
  293  occupations.
  294         (11)(4) “Head of the department” means the individual under
  295  whom or the board under which direct administration of the
  296  department is placed by statute. Where direct administration of
  297  a department is placed under an officer or board appointed by
  298  and serving at the pleasure of the Governor, that officer or
  299  board remains subject to the Governor’s supervision and
  300  direction.
  301         (12)(5) “Secretary” means an individual who is appointed by
  302  the Governor to head a department and who is not otherwise named
  303  in the State Constitution.
  304         (10)(6) “Executive director” means the chief administrative
  305  employee or officer of a department headed by a board or by the
  306  Governor and the Cabinet.
  307         (5)(8) “Committee” or “task force” means an advisory body
  308  created without specific statutory enactment for a time not to
  309  exceed 1 year or created by specific statutory enactment for a
  310  time not to exceed 3 years and appointed to study a specific
  311  problem and recommend a solution or policy alternative with
  312  respect to that problem. Its existence terminates upon the
  313  completion of its assignment.
  314         (6)(9) “Coordinating council” means an interdepartmental
  315  advisory body created by law to coordinate programs and
  316  activities for which one department has primary responsibility
  317  but in which one or more other departments have an interest.
  318         (4)(10) “Commission,” unless otherwise required by the
  319  State Constitution, means a body created by specific statutory
  320  enactment within a department, the office of the Governor, or
  321  the Executive Office of the Governor and exercising limited
  322  quasi-legislative or quasi-judicial powers, or both,
  323  independently of the head of the department or the Governor.
  324         (1)(11) “Agency,” as the context requires, means an
  325  official, officer, commission, authority, council, committee,
  326  department, division, bureau, board, section, or another unit or
  327  entity of government.
  328         (2)(12) “Board of trustees,” except with reference to the
  329  board created in chapter 253, means a board created by specific
  330  statutory enactment and appointed to function adjunctively to a
  331  department, the Governor, or the Executive Office of the
  332  Governor to administer public property or a public program.
  333         Reviser’s note.—Amended to place the definitions of the section
  334         in alphabetical order.
  335         Section 9. Subsections (1), (4), and (5) of section 22.03,
  336  Florida Statutes, are reordered and amended to read:
  337         22.03 Definitions.—Unless otherwise clearly required by the
  338  context, as used in ss. 22.01-22.10:
  339         (5)(1) “Unavailable” means either that a vacancy in office
  340  exists or that the lawful incumbent of the office is absent or
  341  unable to exercise the powers and discharge the duties of the
  342  office.
  343         (1)(4) “Attack” means any attack or series of attacks by an
  344  enemy of the United States causing, or which may cause,
  345  substantial damage or injury to civilian property or persons in
  346  the United States in any manner by sabotage or by the use of
  347  bombs, missiles, shellfire, or atomic, radiological, chemical,
  348  bacteriological, or biological means or other weapons or
  349  processes.
  350         (4)(5) “Political subdivision” includes counties, cities,
  351  towns, villages, townships, districts, authorities, and other
  352  public corporations and entities whether organized and existing
  353  under charter or general law.
  354         Reviser’s note.—Amended to place the definitions of the section
  355         in alphabetical order.
  356         Section 10. Section 23.21, Florida Statutes, is reordered
  357  and amended to read:
  358         23.21 Definitions.—For purposes of this part:
  359         (2)(1) “Department” means a principal administrative unit
  360  within the executive branch of state government as defined in
  361  chapter 20 and includes the State Board of Administration, the
  362  Executive Office of the Governor, the Fish and Wildlife
  363  Conservation Commission, the Florida Commission on Offender
  364  Review, the Agency for Health Care Administration, the State
  365  Board of Education, the Board of Governors of the State
  366  University System, the Justice Administrative Commission, the
  367  capital collateral regional counsel, and separate budget
  368  entities placed for administrative purposes within a department.
  369         (3)(2) “Paperwork burden” means the resources expended by
  370  the entity providing information. Resources may include the
  371  time, effort, or financial expenditure associated with reviewing
  372  the instructions; acquiring, installing, and using technology to
  373  obtain, compile, or report the information; searching data
  374  sources; completing and reviewing the collected information; or
  375  transmitting the required information to the requesting
  376  department.
  377         (1)(3) “Collect information” means the obtaining, causing
  378  to be obtained, soliciting, or requiring the disclosure to third
  379  parties of facts or opinions by or for a department, regardless
  380  of form or format, calling for answers to identical questions
  381  posed to, or identical reporting or recordkeeping requirements
  382  imposed on, 10 or more persons, other than departments or
  383  employees of this state.
  384         Reviser’s note.—Amended to place the definitions of the section
  385         in alphabetical order.
  386         Section 11. Subsections (2), (4), and (5) of section
  387  24.103, Florida Statutes, are reordered and amended to read:
  388         24.103 Definitions.—As used in this act:
  389         (5)(2) “Secretary” means the secretary of the department.
  390         (2)(4) “Major procurement” means a procurement for a
  391  contract for the printing of tickets for use in any lottery
  392  game, consultation services for the startup of the lottery, any
  393  goods or services involving the official recording for lottery
  394  game play purposes of a player’s selections in any lottery game
  395  involving player selections, any goods or services involving the
  396  receiving of a player’s selection directly from a player in any
  397  lottery game involving player selections, any goods or services
  398  involving the drawing, determination, or generation of winners
  399  in any lottery game, the security report services provided for
  400  in this act, or any goods and services relating to marketing and
  401  promotion which exceed a value of $25,000.
  402         (4)(5) “Retailer” means a person who sells lottery tickets
  403  on behalf of the department pursuant to a contract.
  404         Reviser’s note.—Amended to place the definitions of the section
  405         in alphabetical order.
  406         Section 12. Subsection (2) of section 28.2457, Florida
  407  Statutes, is amended to read:
  408         28.2457 Mandatory monetary assessments.—
  409         (2) The clerks of the circuit court must collaborate with
  410  the state courts through the Florida Courts Technology
  411  Commission to prepare a plan to procure or develop a statewide
  412  electronic solution that will accurately identify all
  413  assessments mandated by statute. The plan must, at a minimum,
  414  address operational, technological, and fiscal considerations
  415  related to implementation of the electronic solution. The clerks
  416  must submit the plan to the President of the Senate and the
  417  Speaker of the House of Representatives by January 1, 2022.
  418         Reviser’s note.—Amended to delete an obsolete provision; the
  419         referenced plan was submitted on January 1, 2022.
  420         Section 13. Paragraph (b) of subsection (3) of section
  421  39.0016, Florida Statutes, is amended to read:
  422         39.0016 Education of abused, neglected, and abandoned
  423  children; agency agreements; children having or suspected of
  424  having a disability.—
  425         (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
  426         (b)1. Each district school superintendent or dependency
  427  court must appoint a surrogate parent for a child known to the
  428  department who has or is suspected of having a disability, as
  429  defined in s. 1003.01(9) 1003.01(3), when:
  430         a. After reasonable efforts, no parent can be located; or
  431         b. A court of competent jurisdiction over a child under
  432  this chapter has determined that no person has the authority
  433  under the Individuals with Disabilities Education Act, including
  434  the parent or parents subject to the dependency action, or that
  435  no person has the authority, willingness, or ability to serve as
  436  the educational decisionmaker for the child without judicial
  437  action.
  438         2. A surrogate parent appointed by the district school
  439  superintendent or the court must be at least 18 years old and
  440  have no personal or professional interest that conflicts with
  441  the interests of the student to be represented. Neither the
  442  district school superintendent nor the court may appoint an
  443  employee of the Department of Education, the local school
  444  district, a community-based care provider, the Department of
  445  Children and Families, or any other public or private agency
  446  involved in the education or care of the child as appointment of
  447  those persons is prohibited by federal law. This prohibition
  448  includes group home staff and therapeutic foster parents.
  449  However, a person who acts in a parental role to a child, such
  450  as a foster parent or relative caregiver, is not prohibited from
  451  serving as a surrogate parent if he or she is employed by such
  452  agency, willing to serve, and knowledgeable about the child and
  453  the exceptional student education process. The surrogate parent
  454  may be a court-appointed guardian ad litem or a relative or
  455  nonrelative adult who is involved in the child’s life regardless
  456  of whether that person has physical custody of the child. Each
  457  person appointed as a surrogate parent must have the knowledge
  458  and skills acquired by successfully completing training using
  459  materials developed and approved by the Department of Education
  460  to ensure adequate representation of the child.
  461         3. If a guardian ad litem has been appointed for a child,
  462  the district school superintendent must first consider the
  463  child’s guardian ad litem when appointing a surrogate parent.
  464  The district school superintendent must accept the appointment
  465  of the court if he or she has not previously appointed a
  466  surrogate parent. Similarly, the court must accept a surrogate
  467  parent duly appointed by a district school superintendent.
  468         4. A surrogate parent appointed by the district school
  469  superintendent or the court must be accepted by any subsequent
  470  school or school district without regard to where the child is
  471  receiving residential care so that a single surrogate parent can
  472  follow the education of the child during his or her entire time
  473  in state custody. Nothing in this paragraph or in rule shall
  474  limit or prohibit the continuance of a surrogate parent
  475  appointment when the responsibility for the student’s
  476  educational placement moves among and between public and private
  477  agencies.
  478         5. For a child known to the department, the responsibility
  479  to appoint a surrogate parent resides with both the district
  480  school superintendent and the court with jurisdiction over the
  481  child. If the court elects to appoint a surrogate parent, notice
  482  shall be provided as soon as practicable to the child’s school.
  483  At any time the court determines that it is in the best
  484  interests of a child to remove a surrogate parent, the court may
  485  appoint a new surrogate parent for educational decisionmaking
  486  purposes for that child.
  487         6. The surrogate parent shall continue in the appointed
  488  role until one of the following occurs:
  489         a. The child is determined to no longer be eligible or in
  490  need of special programs, except when termination of special
  491  programs is being contested.
  492         b. The child achieves permanency through adoption or legal
  493  guardianship and is no longer in the custody of the department.
  494         c. The parent who was previously unknown becomes known,
  495  whose whereabouts were unknown is located, or who was
  496  unavailable is determined by the court to be available.
  497         d. The appointed surrogate no longer wishes to represent
  498  the child or is unable to represent the child.
  499         e. The superintendent of the school district in which the
  500  child is attending school, the Department of Education contract
  501  designee, or the court that appointed the surrogate determines
  502  that the appointed surrogate parent no longer adequately
  503  represents the child.
  504         f. The child moves to a geographic location that is not
  505  reasonably accessible to the appointed surrogate.
  506         7. The appointment and termination of appointment of a
  507  surrogate under this paragraph shall be entered as an order of
  508  the court with a copy of the order provided to the child’s
  509  school as soon as practicable.
  510         8. The person appointed as a surrogate parent under this
  511  paragraph must:
  512         a. Be acquainted with the child and become knowledgeable
  513  about his or her disability and educational needs.
  514         b. Represent the child in all matters relating to
  515  identification, evaluation, and educational placement and the
  516  provision of a free and appropriate education to the child.
  517         c. Represent the interests and safeguard the rights of the
  518  child in educational decisions that affect the child.
  519         9. The responsibilities of the person appointed as a
  520  surrogate parent shall not extend to the care, maintenance,
  521  custody, residential placement, or any other area not
  522  specifically related to the education of the child, unless the
  523  same person is appointed by the court for such other purposes.
  524         10. A person appointed as a surrogate parent shall enjoy
  525  all of the procedural safeguards afforded a parent with respect
  526  to the identification, evaluation, and educational placement of
  527  a student with a disability or a student who is suspected of
  528  having a disability.
  529         11. A person appointed as a surrogate parent shall not be
  530  held liable for actions taken in good faith on behalf of the
  531  student in protecting the special education rights of the child.
  532         Reviser’s note.—Amended to conform to the reordering of
  533         definitions in s. 1003.01 by this act.
  534         Section 14. Paragraph (f) of subsection (3) of section
  535  39.101, Florida Statutes, is amended to read:
  536         39.101 Central abuse hotline.—The central abuse hotline is
  537  the first step in the safety assessment and investigation
  538  process.
  539         (3) COLLECTION OF INFORMATION AND DATA.—The department
  540  shall:
  541         (f)1. Collect and analyze child-on-child sexual abuse
  542  reports and include such information in the aggregate
  543  statistical reports.
  544         2. Collect and analyze, in separate statistical reports,
  545  those reports of child abuse, sexual abuse, and juvenile sexual
  546  abuse which are reported from or which occurred on or at:
  547         a. School premises;
  548         b. School transportation;
  549         c. School-sponsored off-campus events;
  550         d. A school readiness program provider determined to be
  551  eligible under s. 1002.88;
  552         e. A private prekindergarten provider or a public school
  553  prekindergarten provider, as those terms are defined in s.
  554  1002.51(7) and (8), respectively;
  555         f. A public K-12 school as described in s. 1000.04;
  556         g. A private school as defined in s. 1002.01;
  557         h. A Florida College System institution or a state
  558  university, as those terms are defined in s. 1000.21(5) and (8)
  559  1000.21(3) and (6), respectively; or
  560         i. A school, as defined in s. 1005.02.
  561         Reviser’s note.—Amended to conform to the reordering of
  562         definitions in s. 1000.21 by this act.
  563         Section 15. Paragraphs (d) and (e) of subsection (2) of
  564  section 44.1011, Florida Statutes, are reordered and amended to
  565  read:
  566         44.1011 Definitions.—As used in this chapter:
  567         (2) “Mediation” means a process whereby a neutral third
  568  person called a mediator acts to encourage and facilitate the
  569  resolution of a dispute between two or more parties. It is an
  570  informal and nonadversarial process with the objective of
  571  helping the disputing parties reach a mutually acceptable and
  572  voluntary agreement. In mediation, decisionmaking authority
  573  rests with the parties. The role of the mediator includes, but
  574  is not limited to, assisting the parties in identifying issues,
  575  fostering joint problem solving, and exploring settlement
  576  alternatives. “Mediation” includes:
  577         (e)(d) “Family mediation” which means mediation of family
  578  matters, including married and unmarried persons, before and
  579  after judgments involving dissolution of marriage; property
  580  division; shared or sole parental responsibility; or child
  581  support, custody, and visitation involving emotional or
  582  financial considerations not usually present in other circuit
  583  civil cases. Negotiations in family mediation are primarily
  584  conducted by the parties. Counsel for each party may attend the
  585  mediation conference and privately communicate with their
  586  clients. However, presence of counsel is not required, and, in
  587  the discretion of the mediator, and with the agreement of the
  588  parties, mediation may proceed in the absence of counsel unless
  589  otherwise ordered by the court.
  590         (d)(e) “Dependency or in need of services mediation,” which
  591  means mediation of dependency, child in need of services, or
  592  family in need of services matters. Negotiations in dependency
  593  or in need of services mediation are primarily conducted by the
  594  parties. Counsel for each party may attend the mediation
  595  conference and privately communicate with their clients.
  596  However, presence of counsel is not required and, in the
  597  discretion of the mediator and with the agreement of the
  598  parties, mediation may proceed in the absence of counsel unless
  599  otherwise ordered by the court.
  600         Reviser’s note.—Amended to place the definitions in paragraphs
  601         (d) and (e) in alphabetical order.
  602         Section 16. Section 45.011, Florida Statutes, is amended to
  603  read:
  604         45.011 Definitions.—In all statutes about practice and
  605  procedure:
  606         (1) “Bond with surety” means a bond with two good and
  607  sufficient sureties, each with unencumbered property not subject
  608  to any exemption afforded by law equal in value to the penal sum
  609  of the bond or a bond with a licensed surety company as surety
  610  or a cash deposit conditioned as for a bond.
  611         (2)“Defendant” means any party against whom relief as
  612  referenced in subsection (3) is sought.
  613         (3) “Plaintiff” means any party seeking affirmative relief
  614  whether plaintiff, counterclaimant, cross-claimant; or third
  615  party plaintiff, counterclaimant or cross-claimant.; “defendant”
  616  means any party against whom such relief is sought; “bond with
  617  surety” means a bond with two good and sufficient sureties, each
  618  with unencumbered property not subject to any exemption afforded
  619  by law equal in value to the penal sum of the bond or a bond
  620  with a licensed surety company as surety or a cash deposit
  621  conditioned as for a bond.
  622         Reviser’s note.—Amended to place the definitions of the section
  623         in alphabetical order, to conform language in subsection
  624         (2) to the reordering of the definitions, and to improve
  625         the structure of the section.
  626         Section 17. Subsections (21) and (22) of section 61.046,
  627  Florida Statutes, are reordered and amended to read:
  628         61.046 Definitions.—As used in this chapter, the term:
  629         (22)(21) “Support order” means a judgment, decree, or
  630  order, whether temporary or final, issued by a court of
  631  competent jurisdiction or administrative agency for the support
  632  and maintenance of a child which provides for monetary support,
  633  health care, arrearages, or past support. When the child support
  634  obligation is being enforced by the Department of Revenue, the
  635  term “support order” also means a judgment, decree, or order,
  636  whether temporary or final, issued by a court of competent
  637  jurisdiction for the support and maintenance of a child and the
  638  spouse or former spouse of the obligor with whom the child is
  639  living which provides for monetary support, health care,
  640  arrearages, or past support.
  641         (21)(22) “Support,” unless otherwise specified, means:
  642         (a) Child support and, when the child support obligation is
  643  being enforced by the Department of Revenue, spousal support or
  644  alimony for the spouse or former spouse of the obligor with whom
  645  the child is living.
  646         (b) Child support only in cases not being enforced by the
  647  Department of Revenue.
  648         Reviser’s note.—Amended to place the definitions in subsections
  649         (21) and (22) in alphabetical order.
  650         Section 18. Subsections (1) through (13) and (15) through
  651  (17) of section 83.43, Florida Statutes, are reordered and
  652  amended to read:
  653         83.43 Definitions.—As used in this part, the following
  654  words and terms shall have the following meanings unless some
  655  other meaning is plainly indicated:
  656         (3)(1) “Building, housing, and health codes” means any law,
  657  ordinance, or governmental regulation concerning health, safety,
  658  sanitation or fitness for habitation, or the construction,
  659  maintenance, operation, occupancy, use, or appearance, of any
  660  dwelling unit.
  661         (5)(2) “Dwelling unit” means:
  662         (a) A structure or part of a structure that is rented for
  663  use as a home, residence, or sleeping place by one person or by
  664  two or more persons who maintain a common household.
  665         (b) A mobile home rented by a tenant.
  666         (c) A structure or part of a structure that is furnished,
  667  with or without rent, as an incident of employment for use as a
  668  home, residence, or sleeping place by one or more persons.
  669         (8)(3) “Landlord” means the owner or lessor of a dwelling
  670  unit.
  671         (16)(4) “Tenant” means any person entitled to occupy a
  672  dwelling unit under a rental agreement.
  673         (10)(5) “Premises” means a dwelling unit and the structure
  674  of which it is a part and a mobile home lot and the appurtenant
  675  facilities and grounds, areas, facilities, and property held out
  676  for the use of tenants generally.
  677         (11)(6) “Rent” means the periodic payments due the landlord
  678  from the tenant for occupancy under a rental agreement and any
  679  other payments due the landlord from the tenant as may be
  680  designated as rent in a written rental agreement.
  681         (12)(7) “Rental agreement” means any written agreement,
  682  including amendments or addenda, or oral agreement for a
  683  duration of less than 1 year, providing for use and occupancy of
  684  premises.
  685         (7)(8) “Good faith” means honesty in fact in the conduct or
  686  transaction concerned.
  687         (2)(9) “Advance rent” means moneys paid to the landlord to
  688  be applied to future rent payment periods, but does not include
  689  rent paid in advance for a current rent payment period.
  690         (17)(10) “Transient occupancy” means occupancy when it is
  691  the intention of the parties that the occupancy will be
  692  temporary.
  693         (4)(11) “Deposit money” means any money held by the
  694  landlord on behalf of the tenant, including, but not limited to,
  695  damage deposits, security deposits, advance rent deposit, pet
  696  deposit, or any contractual deposit agreed to between landlord
  697  and tenant either in writing or orally.
  698         (13)(12) “Security deposits” means any moneys held by the
  699  landlord as security for the performance of the rental
  700  agreement, including, but not limited to, monetary damage to the
  701  landlord caused by the tenant’s breach of lease prior to the
  702  expiration thereof.
  703         (9)(13) “Legal holiday” means holidays observed by the
  704  clerk of the court.
  705         (1)(15) “Active duty” shall have the same meaning as
  706  provided in s. 250.01.
  707         (15)(16) “State active duty” shall have the same meaning as
  708  provided in s. 250.01.
  709         (6)(17) “Early termination fee” means any charge, fee, or
  710  forfeiture that is provided for in a written rental agreement
  711  and is assessed to a tenant when a tenant elects to terminate
  712  the rental agreement, as provided in the agreement, and vacates
  713  a dwelling unit before the end of the rental agreement. An early
  714  termination fee does not include:
  715         (a) Unpaid rent and other accrued charges through the end
  716  of the month in which the landlord retakes possession of the
  717  dwelling unit.
  718         (b) Charges for damages to the dwelling unit.
  719         (c) Charges associated with a rental agreement settlement,
  720  release, buyout, or accord and satisfaction agreement.
  721         Reviser’s note.—Amended to place the definitions of the section
  722         in alphabetical order.
  723         Section 19. Section 83.803, Florida Statutes, is reordered
  724  and amended to read:
  725         83.803 Definitions.—As used in ss. 83.801-83.809:
  726         (5)(1) “Self-service storage facility” means any real
  727  property designed and used for the purpose of renting or leasing
  728  individual storage space to tenants who are to have access to
  729  such space for the purpose of storing and removing personal
  730  property. No individual storage space may be used for
  731  residential purposes. A self-service storage facility is not a
  732  “warehouse” as that term is used in chapter 677. If an owner
  733  issues any warehouse receipt, bill of lading, or other document
  734  of title for the personal property stored, the owner and the
  735  tenant shall be subject to the provisions of chapter 677, and
  736  the provisions of this act shall not apply.
  737         (4)(2) “Self-contained storage unit” means any unit not
  738  less than 200 cubic feet in size, including, but not limited to,
  739  a trailer, box, or other shipping container, which is leased by
  740  a tenant primarily for use as storage space whether the unit is
  741  located at a facility owned or operated by the owner or at
  742  another location designated by the tenant.
  743         (2)(3) “Owner” means the owner, operator, lessor, or
  744  sublessor of a self-service storage facility or self-contained
  745  storage unit or his or her agent or any other person authorized
  746  by him or her to manage the facility or to receive rent from a
  747  tenant under a rental agreement.
  748         (6)(4) “Tenant” means a person or the person’s sublessee,
  749  successor, or assign entitled to the use of storage space at a
  750  self-service storage facility or in a self-contained unit, under
  751  a rental agreement, to the exclusion of others.
  752         (3)(5) “Rental agreement” means any agreement or lease
  753  which establishes or modifies terms, conditions, rules, or any
  754  other provisions concerning the use and occupancy of a self
  755  service storage facility or use of a self-contained storage
  756  unit.
  757         (1)(6) “Last known address” means the street address or
  758  post office box address provided by the tenant in the latest
  759  rental agreement or in a subsequent written change-of-address
  760  notice provided by hand delivery, first-class mail, or e-mail.
  761         Reviser’s note.—Amended to place the definitions of the section
  762         in alphabetical order.
  763         Section 20. Subsection (1) of section 90.5015, Florida
  764  Statutes, is reordered and amended to read:
  765         90.5015 Journalist’s privilege.—
  766         (1) DEFINITIONS.—For purposes of this section, the term:
  767         (b)(a) “Professional journalist” means a person regularly
  768  engaged in collecting, photographing, recording, writing,
  769  editing, reporting, or publishing news, for gain or livelihood,
  770  who obtained the information sought while working as a salaried
  771  employee of, or independent contractor for, a newspaper, news
  772  journal, news agency, press association, wire service, radio or
  773  television station, network, or news magazine. Book authors and
  774  others who are not professional journalists, as defined in this
  775  paragraph, are not included in the provisions of this section.
  776         (a)(b) “News” means information of public concern relating
  777  to local, statewide, national, or worldwide issues or events.
  778         Reviser’s note.—Amended to place the definitions in subsection
  779         (1) in alphabetical order.
  780         Section 21. Subsection (1) of section 90.801, Florida
  781  Statutes, is reordered and amended to read:
  782         90.801 Hearsay; definitions; exceptions.—
  783         (1) The following definitions apply under this chapter:
  784         (c)(a) A “statement” is:
  785         1. An oral or written assertion; or
  786         2. Nonverbal conduct of a person if it is intended by the
  787  person as an assertion.
  788         (a)(b) A “declarant” is a person who makes a statement.
  789         (b)(c) “Hearsay” is a statement, other than one made by the
  790  declarant while testifying at the trial or hearing, offered in
  791  evidence to prove the truth of the matter asserted.
  792         Reviser’s note.—Amended to place the definitions in subsection
  793         (1) in alphabetical order.
  794         Section 22. Subsection (6) of section 97.021, Florida
  795  Statutes, is reordered and amended to read:
  796         97.021 Definitions.—For the purposes of this code, except
  797  where the context clearly indicates otherwise, the term:
  798         (6) “Ballot” or “official ballot” when used in reference
  799  to:
  800         (b)(a) “Marksense ballots” means that printed sheet of
  801  paper, used in conjunction with an electronic or
  802  electromechanical vote tabulation voting system, containing the
  803  names of candidates, or a statement of proposed constitutional
  804  amendments or other questions or propositions submitted to the
  805  electorate at any election, on which sheet of paper an elector
  806  casts his or her vote.
  807         (a)(b) “Electronic or electromechanical devices” means a
  808  ballot that is voted by the process of electronically
  809  designating, including by touchscreen, or marking with a marking
  810  device for tabulation by automatic tabulating equipment or data
  811  processing equipment.
  812         Reviser’s note.—Amended to place the definitions in subsection
  813         (6) in alphabetical order.
  814         Section 23. Subsection (3) of section 98.065, Florida
  815  Statutes, is amended to read:
  816         98.065 Registration list maintenance programs.—
  817         (3) Address confirmation requests sent pursuant to
  818  paragraph (2)(a) and mail sent pursuant to paragraph (2)(b) (b)
  819  must be addressed to the voter’s address of legal residence, not
  820  including voters temporarily residing outside the county and
  821  registered in the precinct designated by the supervisor pursuant
  822  to s. 101.045(1). If a request is returned as undeliverable, any
  823  other notification sent to the voter pursuant to subsection (5)
  824  or s. 98.0655 must be addressed to the voter’s mailing address
  825  on file, if any.
  826         Reviser’s note.—Amended to correct a cross-reference. The
  827         reference to paragraph (b) was added by s. 8, ch. 2022-73,
  828         Laws of Florida; subsection (3) does not contain
  829         paragraphs. Paragraph (2)(b), which relates to identifying
  830         change-of-address information from returned nonforwardable
  831         return-if-undeliverable mail sent to registered voters in a
  832         county, appears to be relevant.
  833         Section 24. Subsection (1) of section 101.019, Florida
  834  Statutes, is amended to read:
  835         101.019 Ranked-choice voting prohibited.—
  836         (1) A ranked-choice voting method that allows voters to
  837  rank candidates for an office in order of preference and has
  838  ballots cast to be tabulated in multiple rounds following the
  839  elimination of a candidate until a single candidate attains a
  840  majority may not be used in determining the election or
  841  nomination of any candidate to any local, state, or federal
  842  elective office in this state.
  843         Reviser’s note.—Amended to confirm an editorial insertion to
  844         improve clarity.
  845         Section 25. Subsections (2) and (3) of section 101.292,
  846  Florida Statutes, are reordered and amended to read:
  847         101.292 Definitions; ss. 101.292-101.295.—As used in ss.
  848  101.292-101.295, the following terms shall have the following
  849  meanings:
  850         (3)(2) “Voting equipment” means electronic or
  851  electromechanical voting systems, voting devices, and automatic
  852  tabulating equipment as defined in s. 101.5603, as well as
  853  materials, parts, or other equipment necessary for the operation
  854  and maintenance of such systems and devices, the individual or
  855  combined retail value of which is in excess of the threshold
  856  amount for CATEGORY TWO purchases provided in s. 287.017.
  857         (2)(3) “Purchase” means a contract for the purchase, lease,
  858  rental, or other acquisition of voting equipment.
  859         Reviser’s note.—Amended to place the definitions in subsections
  860         (2) and (3) in alphabetical order.
  861         Section 26. Paragraph (a) of subsection (2) of section
  862  101.69, Florida Statutes, is amended to read:
  863         101.69 Voting in person; return of vote-by-mail ballot.—
  864         (2)(a) The supervisor shall allow an elector who has
  865  received a vote-by-mail ballot to physically return a voted
  866  vote-by-mail ballot to the supervisor by placing the return mail
  867  envelope containing his or her marked ballot in a secure ballot
  868  intake station. Secure ballot intake stations shall be placed at
  869  the main office of the supervisor, at each permanent branch
  870  office of the supervisor which meets the criteria set forth in
  871  s. 101.657(1)(a) for branch offices used for early voting and
  872  which is open for at least the minimum number amount of hours
  873  prescribed by s. 98.015(4), and at each early voting site.
  874  Secure ballot intake stations may also be placed at any other
  875  site that would otherwise qualify as an early voting site under
  876  s. 101.657(1). Secure ballot intake stations must be
  877  geographically located so as to provide all voters in the county
  878  with an equal opportunity to cast a ballot, insofar as is
  879  practicable. Except for secure ballot intake stations at an
  880  office of the supervisor, a secure ballot intake station may
  881  only be used during the county’s early voting hours of operation
  882  and must be monitored in person by an employee of the
  883  supervisor’s office. A secure ballot intake station at an office
  884  of the supervisor must be continuously monitored in person by an
  885  employee of the supervisor’s office when the secure ballot
  886  intake station is accessible for deposit of ballots.
  887         Reviser’s note.—Amended to confirm an editorial insertion to
  888         improve clarity and an editorial substitution to conform to
  889         context.
  890         Section 27. Paragraph (a) of subsection (12) of section
  891  106.08, Florida Statutes, is amended to read:
  892         106.08 Contributions; limitations on.—
  893         (12)(a)1. For purposes of this subsection, the term
  894  “foreign national” means:
  895         a. A foreign government;
  896         b. A foreign political party;
  897         c. A foreign corporation, partnership, association,
  898  organization, or other combination of persons organized under
  899  the laws of or having its principal place of business in a
  900  foreign country;
  901         d. A person with foreign citizenship; or
  902         e. A person who is not a citizen or national of the United
  903  States and is not lawfully admitted to the United States for
  904  permanent residence.
  905         2. The term does not include:
  906         a. A person who is a dual citizen or dual national of the
  907  United States and a foreign country.
  908         b. A domestic subsidiary of a foreign corporation,
  909  partnership, association, organization, or other combination of
  910  persons organized under the laws of or having its principal
  911  place of business in a foreign country if:
  912         (I) The donations and disbursements used toward a
  913  contribution or an expenditure are derived entirely from funds
  914  generated by the subsidiary’s operations in the United States;
  915  and
  916         (II) All decisions concerning donations and disbursements
  917  used toward a contribution or an expenditure are made by
  918  individuals who either hold United States citizenship or are
  919  permanent residents of the United States. For purposes of this
  920  sub-sub-subparagraph, decisions concerning donations and
  921  disbursements do not include decisions regarding the
  922  subsidiary’s overall budget for contributions or expenditures in
  923  connection with an election.
  924         Reviser’s note.—Amended to confirm an editorial insertion to
  925         improve clarity.
  926         Section 28. Paragraphs (k), (l), and (n) through (p) of
  927  subsection (2) of section 110.123, Florida Statutes, are
  928  reordered and amended to read:
  929         110.123 State group insurance program.—
  930         (2) DEFINITIONS.—As used in ss. 110.123-110.1239, the term:
  931         (l)(k) “State agency” or “agency” means any branch,
  932  department, or agency of state government. “State agency” or
  933  “agency” includes any state university and the Division of
  934  Rehabilitation and Liquidation for purposes of this section
  935  only.
  936         (k)(l) “Seasonal workers” has the same meaning as provided
  937  under 29 C.F.R. s. 500.20(s)(1).
  938         (p)(n) “State-contracted HMO” means any health maintenance
  939  organization under contract with the department to participate
  940  in the state group insurance program.
  941         (n)(o) “State group insurance program” or “programs” means
  942  the package of insurance plans offered to state officers and
  943  employees, retired state officers and employees, eligible former
  944  employees, and surviving spouses of deceased state officers,
  945  employees, and eligible former employees under this section,
  946  including the state group health insurance plan or plans, health
  947  maintenance organization plans, TRICARE supplemental insurance
  948  plans, and other plans required or authorized by law.
  949         (o)(p) “State officer” means any constitutional state
  950  officer, any elected state officer paid by state warrant, or any
  951  appointed state officer who is commissioned by the Governor and
  952  who is paid by state warrant.
  953         Reviser’s note.—Amended to place the definitions in subsection
  954         (2) in alphabetical order.
  955         Section 29. Section 110.501, Florida Statutes, is reordered
  956  and amended to read:
  957         110.501 Definitions.—As used in this act:
  958         (4)(1) “Volunteer” means any person who, of his or her own
  959  free will, provides goods or services, or conveys an interest in
  960  or otherwise consents to the use of real property pursuant to
  961  chapter 260, to any state department or agency, or nonprofit
  962  organization, with no monetary or material compensation. A
  963  person registered and serving in Older American Volunteer
  964  Programs authorized by the Domestic Volunteer Service Act of
  965  1973, as amended (Pub. L. No. 93-113), shall also be defined as
  966  a volunteer and shall incur no civil liability as provided by s.
  967  768.1355. A volunteer shall be eligible for payment of volunteer
  968  benefits as specified in Pub. L. No. 93-113, this section, and
  969  s. 430.204.
  970         (3)(2) “Regular-service volunteer” means any person engaged
  971  in specific voluntary service activities on an ongoing or
  972  continuous basis.
  973         (2)(3) “Occasional-service volunteer” means any person who
  974  offers to provide a one-time or occasional voluntary service.
  975         (1)(4) “Material donor” means any person who provides
  976  funds, materials, employment, or opportunities for clients of
  977  state departments or agencies, without monetary or material
  978  compensation.
  979         Reviser’s note.—Amended to place the definitions of the section
  980         in alphabetical order.
  981         Section 30. Subsection (2) of section 112.044, Florida
  982  Statutes, is reordered and amended to read:
  983         112.044 Public employers, employment agencies, labor
  984  organizations; discrimination based on age prohibited;
  985  exceptions; remedy.—
  986         (2) DEFINITIONS.—For the purpose of this act:
  987         (b)(a) “Employer” means the state or any county,
  988  municipality, or special district or any subdivision or agency
  989  thereof. This definition shall not apply to any law enforcement
  990  agency or firefighting agency in this state.
  991         (c)(b) “Employment agency” means any person, including any
  992  agent thereof, regularly undertaking, with or without
  993  compensation, to procure employees for an employer, including
  994  state and local employment services receiving federal
  995  assistance.
  996         (a)(c) “Employee” means an individual employed by any
  997  employer.
  998         Reviser’s note.—Amended to place the definitions in subsection
  999         (2) in alphabetical order.
 1000         Section 31. Subsection (5) of section 112.0455, Florida
 1001  Statutes, is reordered and amended to read:
 1002         112.0455 Drug-Free Workplace Act.—
 1003         (5) DEFINITIONS.—Except where the context otherwise
 1004  requires, as used in this act:
 1005         (c)(a) “Drug” means alcohol, including distilled spirits,
 1006  wine, malt beverages, and intoxicating liquors; amphetamines;
 1007  cannabinoids; cocaine; phencyclidine (PCP); hallucinogens;
 1008  methaqualone; opiates; barbiturates; benzodiazepines; synthetic
 1009  narcotics; designer drugs; or a metabolite of any of the
 1010  substances listed herein.
 1011         (d)(b) “Drug test” or “test” means any chemical,
 1012  biological, or physical instrumental analysis administered for
 1013  the purpose of determining the presence or absence of a drug or
 1014  its metabolites.
 1015         (h)(c) “Initial drug test” means a sensitive, rapid, and
 1016  reliable procedure to identify negative and presumptive positive
 1017  specimens. All initial tests must use an immunoassay procedure
 1018  or an equivalent, or must use a more accurate scientifically
 1019  accepted method approved by the Agency for Health Care
 1020  Administration as more accurate technology becomes available in
 1021  a cost-effective form.
 1022         (b)(d) “Confirmation test,” “confirmed test,” or “confirmed
 1023  drug test” means a second analytical procedure used to identify
 1024  the presence of a specific drug or metabolite in a specimen. The
 1025  confirmation test must be different in scientific principle from
 1026  that of the initial test procedure. This confirmation method
 1027  must be capable of providing requisite specificity, sensitivity,
 1028  and quantitative accuracy.
 1029         (a)(e) “Chain of custody” refers to the methodology of
 1030  tracking specified materials or substances for the purpose of
 1031  maintaining control and accountability from initial collection
 1032  to final disposition for all such materials or substances and
 1033  providing for accountability at each stage in handling, testing,
 1034  storing specimens, and reporting of test results.
 1035         (i)(f) “Job applicant” means a person who has applied for a
 1036  position with an employer and has been offered employment
 1037  conditioned upon successfully passing a drug test.
 1038         (e)(g) “Employee” means a person who works for salary,
 1039  wages, or other remuneration for an employer.
 1040         (g)(h) “Employer” means an agency within state government
 1041  that employs individuals for salary, wages, or other
 1042  remuneration.
 1043         (j)(i) “Prescription or nonprescription medication” means a
 1044  drug or medication obtained pursuant to a prescription as
 1045  defined by s. 893.02 or a medication that is authorized pursuant
 1046  to federal or state law for general distribution and use without
 1047  a prescription in the treatment of human diseases, ailments, or
 1048  injuries.
 1049         (k)(j) “Random testing” means a drug test conducted on
 1050  employees who are selected through the use of a computer
 1051  generated random sample of an employer’s employees.
 1052         (l)(k) “Reasonable suspicion drug testing” means drug
 1053  testing based on a belief that an employee is using or has used
 1054  drugs in violation of the employer’s policy drawn from specific
 1055  objective and articulable facts and reasonable inferences drawn
 1056  from those facts in light of experience. Reasonable suspicion
 1057  drug testing may not be required except upon the recommendation
 1058  of a supervisor who is at least one level of supervision higher
 1059  than the immediate supervisor of the employee in question. Among
 1060  other things, such facts and inferences may be based upon:
 1061         1. Observable phenomena while at work, such as direct
 1062  observation of drug use or of the physical symptoms or
 1063  manifestations of being under the influence of a drug.
 1064         2. Abnormal conduct or erratic behavior while at work or a
 1065  significant deterioration in work performance.
 1066         3. A report of drug use, provided by a reliable and
 1067  credible source, which has been independently corroborated.
 1068         4. Evidence that an individual has tampered with a drug
 1069  test during employment with the current employer.
 1070         5. Information that an employee has caused, or contributed
 1071  to, an accident while at work.
 1072         6. Evidence that an employee has used, possessed, sold,
 1073  solicited, or transferred drugs while working or while on the
 1074  employer’s premises or while operating the employer’s vehicle,
 1075  machinery, or equipment.
 1076         (n)(l) “Specimen” means a tissue, hair, or product of the
 1077  human body capable of revealing the presence of drugs or their
 1078  metabolites.
 1079         (f)(m) “Employee assistance program” means an established
 1080  program for employee assessment, counseling, and possible
 1081  referral to an alcohol and drug rehabilitation program.
 1082         (m)(n) “Special risk” means employees who are required as a
 1083  condition of employment to be certified under chapter 633 or
 1084  chapter 943.
 1085         Reviser’s note.—Amended to place the definitions in subsection
 1086         (5) in alphabetical order.
 1087         Section 32. Subsection (2) of section 112.061, Florida
 1088  Statutes, is reordered and amended to read:
 1089         112.061 Per diem and travel expenses of public officers,
 1090  employees, and authorized persons; statewide travel management
 1091  system.—
 1092         (2) DEFINITIONS.—For the purposes of this section, the
 1093  term, the following words shall have the meanings indicated:
 1094         (a) Agency or public agency means any office,
 1095  department, agency, division, subdivision, political
 1096  subdivision, board, bureau, commission, authority, district,
 1097  public body, body politic, county, city, town, village,
 1098  municipality, or any other separate unit of government created
 1099  pursuant to law.
 1100         (b) Agency head or head of the agency means the
 1101  highest policymaking authority of a public agency, as herein
 1102  defined.
 1103         (j)(c)Officer or public officer means an individual
 1104  who in the performance of his or her official duties is vested
 1105  by law with sovereign powers of government and who is either
 1106  elected by the people, or commissioned by the Governor and has
 1107  jurisdiction extending throughout the state, or any person
 1108  lawfully serving instead of either of the foregoing two classes
 1109  of individuals as initial designee or successor.
 1110         (h)(d)Employee or public employee means an
 1111  individual, whether commissioned or not, other than an officer
 1112  or authorized person as defined herein, who is filling a regular
 1113  or full-time authorized position and is responsible to an agency
 1114  head.
 1115         (c)(e)Authorized person means: 
 1116         1. A person other than a public officer or employee as
 1117  defined herein, whether elected or commissioned or not, who is
 1118  authorized by an agency head to incur travel expenses in the
 1119  performance of official duties.
 1120         2. A person who is called upon by an agency to contribute
 1121  time and services as consultant or adviser.
 1122         3. A person who is a candidate for an executive or
 1123  professional position.
 1124         (n)(f)Traveler means a public officer, public employee,
 1125  or authorized person, when performing authorized travel.
 1126         (l)(g)Travel expense, traveling expenses, necessary
 1127  expenses while traveling, actual expenses while traveling, or
 1128  words of similar nature mean the usual ordinary and incidental
 1129  expenditures necessarily incurred by a traveler.
 1130         (g)(h)Common carrier means train, bus, commercial
 1131  airline operating scheduled flights, or rental cars of an
 1132  established rental car firm.
 1133         (k)(i)Travel day means a period of 24 hours consisting
 1134  of four quarters of 6 hours each.
 1135         (m)(j)Travel period means a period of time between the
 1136  time of departure and time of return.
 1137         (d)(k)Class A travel means continuous travel of 24
 1138  hours or more away from official headquarters.
 1139         (e)(l)Class B travel means continuous travel of less
 1140  than 24 hours which involves overnight absence from official
 1141  headquarters.
 1142         (f)(m)Class C travel means travel for short or day
 1143  trips where the traveler is not away from his or her official
 1144  headquarters overnight.
 1145         (i)(n)Foreign travel means travel outside the United
 1146  States.
 1147         Reviser’s note.—Amended to place the definitions in subsection
 1148         (2) in alphabetical order and to conform to Florida
 1149         Statutes style for defining terms.
 1150         Section 33. Paragraphs (b) and (d) of subsection (1) of
 1151  section 112.19, Florida Statutes, are reordered and amended to
 1152  read:
 1153         112.19 Law enforcement, correctional, and correctional
 1154  probation officers; death benefits.—
 1155         (1) As used in this section, the term:
 1156         (d)(b) “Law enforcement, correctional, or correctional
 1157  probation officer” means any officer as defined in s. 943.10(14)
 1158  or employee of the state or any political subdivision of the
 1159  state, including any law enforcement officer, correctional
 1160  officer, correctional probation officer, state attorney
 1161  investigator, public defender investigator, or criminal conflict
 1162  and civil regional counsel investigator, whose duties require
 1163  such officer or employee to investigate, pursue, apprehend,
 1164  arrest, transport, or maintain custody of persons who are
 1165  charged with, suspected of committing, or convicted of a crime;
 1166  and the term includes any member of a bomb disposal unit whose
 1167  primary responsibility is the location, handling, and disposal
 1168  of explosive devices. The term also includes any full-time
 1169  officer or employee of the state or any political subdivision of
 1170  the state, certified pursuant to chapter 943, whose duties
 1171  require such officer to serve process or to attend a session of
 1172  a circuit or county court as bailiff.
 1173         (b)(d) “Fresh pursuit” means the pursuit of a person who
 1174  has committed or is reasonably suspected of having committed a
 1175  felony, misdemeanor, traffic infraction, or violation of a
 1176  county or municipal ordinance. The term does not imply instant
 1177  pursuit, but pursuit without unreasonable delay.
 1178         Reviser’s note.—Amended to place the definitions in subsection
 1179         (1) in alphabetical order.
 1180         Section 34. Section 112.26, Florida Statutes, is reordered
 1181  and amended to read:
 1182         112.26 Definitions.—For the purposes of this part, of
 1183  chapter 112 the following words and phrases have the meanings
 1184  ascribed to them in this section:.
 1185         (2)(1) “Sending agency” means any department or agency of
 1186  the federal government or a state government which sends any
 1187  employee thereof to another government agency under this part.
 1188         (1)(2) “Receiving agency” means any department or agency of
 1189  the federal government or a state government which receives an
 1190  employee of another government under this part.
 1191         Reviser’s note.—Amended to improve sentence structure, conform
 1192         to Florida Statutes citation form, and place the
 1193         definitions of the section in alphabetical order.
 1194         Section 35. Paragraph (a) of subsection (7) of section
 1195  112.3144, Florida Statutes, as amended by section 91 of chapter
 1196  2022-157, Laws of Florida, is amended to read:
 1197         112.3144 Full and public disclosure of financial
 1198  interests.—
 1199         (7)(a) Beginning January 1, 2023, a filer may not include
 1200  in a filing to the commission a federal income tax return or a
 1201  copy thereof; a social security number; a bank, mortgage, or
 1202  brokerage account number; a debit, charge, or credit card
 1203  number; a personal identification number; or a taxpayer
 1204  identification number. If a filer includes such information in
 1205  his or her filing, the information may be made available as part
 1206  of the official records of the commission available for public
 1207  inspection and copying unless redaction is requested by the
 1208  filer. The commission is not liable for the release of social
 1209  security numbers or bank account, debit, charge, or credit card
 1210  numbers included in a filing to the commission if the filer has
 1211  not requested redaction of such information.
 1212         Reviser’s note.—Amended to confirm an editorial insertion to
 1213         improve clarity.
 1214         Section 36. Effective July 1, 2023, paragraph (a) of
 1215  subsection (7) of section 112.3144, Florida Statutes, as amended
 1216  by section 92 of chapter 2022-157, Laws of Florida, effective
 1217  July 1, 2023, is amended to read:
 1218         112.3144 Full and public disclosure of financial
 1219  interests.—
 1220         (7)(a) Beginning January 1, 2022, a filer may not include
 1221  in a filing to the commission a federal income tax return or a
 1222  copy thereof; a social security number; a bank, mortgage, or
 1223  brokerage account number; a debit, charge, or credit card
 1224  number; a personal identification number; or a taxpayer
 1225  identification number. If a filer includes such information in
 1226  his or her filing, the information may be made available as part
 1227  of the official records of the commission available for public
 1228  inspection and copying unless redaction is requested by the
 1229  filer. The commission is not liable for the release of social
 1230  security numbers or bank account, debit, charge, or credit card
 1231  numbers included in a filing to the commission if the filer has
 1232  not requested redaction of such information.
 1233         Reviser’s note.—Amended, effective July 1, 2023, to confirm an
 1234         editorial insertion in paragraph (7)(a), as amended by s.
 1235         92, ch. 2022-157, Laws of Florida, effective July 1, 2023,
 1236         to improve clarity.
 1237         Section 37. Subsection (3) of section 112.3187, Florida
 1238  Statutes, is reordered and amended to read:
 1239         112.3187 Adverse action against employee for disclosing
 1240  information of specified nature prohibited; employee remedy and
 1241  relief.—
 1242         (3) DEFINITIONS.—As used in this act, unless otherwise
 1243  specified, the following words or terms shall have the meanings
 1244  indicated:
 1245         (b)(a) “Agency” means any state, regional, county, local,
 1246  or municipal government entity, whether executive, judicial, or
 1247  legislative; any official, officer, department, division,
 1248  bureau, commission, authority, or political subdivision therein;
 1249  or any public school, community college, or state university.
 1250         (c)(b) “Employee” means a person who performs services for,
 1251  and under the control and direction of, or contracts with, an
 1252  agency or independent contractor for wages or other
 1253  remuneration.
 1254         (a)(c) “Adverse personnel action” means the discharge,
 1255  suspension, transfer, or demotion of any employee or the
 1256  withholding of bonuses, the reduction in salary or benefits, or
 1257  any other adverse action taken against an employee within the
 1258  terms and conditions of employment by an agency or independent
 1259  contractor.
 1260         (e)(d) “Independent contractor” means a person, other than
 1261  an agency, engaged in any business and who enters into a
 1262  contract, including a provider agreement, with an agency.
 1263         (d)(e) “Gross mismanagement” means a continuous pattern of
 1264  managerial abuses, wrongful or arbitrary and capricious actions,
 1265  or fraudulent or criminal conduct which may have a substantial
 1266  adverse economic impact.
 1267         Reviser’s note.—Amended to place the definitions in subsection
 1268         (3) in alphabetical order.
 1269         Section 38. Subsections (1) through (5), (7), and (8) of
 1270  section 112.352, Florida Statutes, are reordered and amended to
 1271  read:
 1272         112.352 Definitions.—The following words and phrases as
 1273  used in this act shall have the following meaning unless a
 1274  different meaning is required by the context:
 1275         (3)(1) “Funds” shall mean the special trust funds in the
 1276  State Treasury created under each of the retirement laws covered
 1277  by this act.
 1278         (5)(2) “Retired member” shall mean any person who had both
 1279  attained age 65 and retired prior to January 1, 1966, and is
 1280  receiving benefits under any of the following systems:
 1281         (a) State and County Officers and Employees Retirement
 1282  System, created by authority of chapter 122.
 1283         (b) Supreme Court Justices, District Courts of Appeal
 1284  Judges and Circuit Judges Retirement System, created by
 1285  authority of former chapter 123.
 1286         (c) Teachers’ Retirement System of the state, created by
 1287  authority of chapter 238; or
 1288         (d) Highway Patrol Pension Trust Fund, created by authority
 1289  of chapter 321.
 1290         (4)(3) “Joint annuitant” means any person named by a
 1291  retired member under the applicable system to receive any
 1292  retirement benefits due and payable from the system after the
 1293  member’s death.
 1294         (8)(4) “System” shall mean any of the retirement systems
 1295  specified in subsection (5) (2).
 1296         (7)(5) “Social security benefit” shall mean the monthly
 1297  primary insurance amount, computed in accordance with the Social
 1298  Security Act from which is derived the monthly benefit amount,
 1299  which the retired member is receiving, entitled to receive, or
 1300  would be entitled to receive upon application to the Social
 1301  Security Administration, without taking into account any earned
 1302  income which would cause a reduction in such amount. For
 1303  purposes of this act, the social security benefit of:
 1304         (a) A retired member who is not insured under the Social
 1305  Security Act shall be zero, and
 1306         (b) A deceased retired member who was insured under the
 1307  Social Security Act shall be the primary insurance amount from
 1308  which is derived the monthly benefit amount which the member was
 1309  receiving or entitled to receive in the month immediately
 1310  preceding his or her date of death.
 1311         (2)(7) “Department” means the Department of Management
 1312  Services.
 1313         (1)(8) “Base year” means the year in which a retired member
 1314  actually retired from a system or the year in which the member
 1315  attained age 65, if later.
 1316         Reviser’s note.—Amended to place the definitions of the section
 1317         in alphabetical order and to conform a cross-reference.
 1318         Section 39. Section 112.353, Florida Statutes, is amended
 1319  to read:
 1320         112.353 Purpose of act.—The purpose of this act is to
 1321  provide a supplement to the monthly retirement benefits being
 1322  paid to, or with respect to, retired members under the
 1323  retirement systems specified in s. 112.352(5) 112.352(2) and any
 1324  permanently and totally disabled retired member who became thus
 1325  disabled in the line of duty and while performing the duties
 1326  incident to his or her employment, such supplement to be
 1327  approximately equal to the excess of the increase in social
 1328  security benefits that the retired member would have received
 1329  had he or she been covered for maximum benefits under the Social
 1330  Security Act at age 65 or at date of retirement, whichever is
 1331  later, over the amount of increase he or she has previously
 1332  received or is entitled to receive by virtue of coverage under
 1333  the Social Security Act.
 1334         Reviser’s note.—Amended to conform to the reordering of
 1335         definitions in s. 112.352 by this act.
 1336         Section 40. Paragraphs (a), (b), and (d) through (g) of
 1337  subsection (2) of section 112.361, Florida Statutes, are
 1338  reordered and amended, and subsection (3) of that section is
 1339  amended to read:
 1340         112.361 Additional and updated supplemental retirement
 1341  benefits.—
 1342         (2) DEFINITIONS.—As used in this section, unless a
 1343  different meaning is required by the context:
 1344         (b)(a) “Funds” means the special trust funds in the State
 1345  Treasury created under each of the retirement laws covered by
 1346  this section.
 1347         (d)(b) “Retired member” means any person:
 1348         1. Who either:
 1349         a. Had both attained age 65 and retired for reasons other
 1350  than disability prior to January 1, 1968; or
 1351         b. Had retired because of disability prior to January 1,
 1352  1968, and who, if he or she had been covered under the Social
 1353  Security Act, would have been eligible for disability benefits
 1354  under Title II of the Social Security Act; and
 1355         2. Who is receiving benefits under any of the following
 1356  systems:
 1357         a. State and County Officers and Employees Retirement
 1358  System created by authority of chapter 122;
 1359         b. Supreme Court Justices, District Courts of Appeal Judges
 1360  and Circuit Judges Retirement System created by authority of
 1361  former chapter 123;
 1362         c. Teachers’ Retirement System of the state created by
 1363  authority of chapter 238; or
 1364         d. Highway Patrol Pension Trust Fund created by authority
 1365  of chapter 321.
 1366  
 1367  In addition, “retired member” includes any state official or
 1368  state employee who retired prior to January 1, 1958, and is
 1369  receiving benefits by authority of s. 112.05.
 1370         (g)(d) “System” means any of the retirement systems
 1371  specified in paragraph (d) (b), including that pursuant to s.
 1372  112.05.
 1373         (f)(e) “Social security benefit” means the monthly primary
 1374  insurance amount, computed in accordance with the Social
 1375  Security Act, from which is derived the monthly benefit amount
 1376  which the retired member is receiving, entitled to receive, or
 1377  would be entitled to receive upon application to the Social
 1378  Security Administration, without taking into account any earned
 1379  income which would cause a reduction in such amount. For
 1380  purposes of this section:
 1381         1. The social security benefit of a retired member who is
 1382  not insured under the Social Security Act shall be zero, and
 1383         2. The social security benefit of a deceased retired member
 1384  who was insured under the Social Security Act shall be the
 1385  primary insurance amount from which is derived the monthly
 1386  benefit amount which the member was receiving or entitled to
 1387  receive in the month immediately preceding his or her date of
 1388  death.
 1389         (e)(f) “Retirement benefit” means the monthly benefit which
 1390  a retired member or joint annuitant is receiving from a system.
 1391         (a)(g) “Department” means the Department of Management
 1392  Services.
 1393         (3) PURPOSE OF SECTION.—The purpose of this section is to
 1394  provide a supplement to the monthly retirement benefits being
 1395  paid to, or with respect to, retired members under the
 1396  retirement systems specified in paragraph (2)(d) (2)(b), such
 1397  supplement to be approximately equal to the excess of the
 1398  increase in social security benefits that the retired member
 1399  would have received as a result of the 1967 amendments to the
 1400  Social Security Act had he or she been covered for maximum
 1401  benefits under the Social Security Act at age 65 or at date of
 1402  retirement, whichever is later, over the amount of increase he
 1403  or she has previously received or is entitled to receive as a
 1404  result of the 1967 amendments to the Social Security Act by
 1405  virtue of coverage under the Social Security Act.
 1406         Reviser’s note.—Amended to place the definitions in subsection
 1407         (2) in alphabetical order and to conform cross-references.
 1408         Section 41. Section 112.625, Florida Statutes, is reordered
 1409  and amended to read:
 1410         112.625 Definitions.—As used in this act:
 1411         (8)(1) “Retirement system or plan” means any employee
 1412  pension benefit plan supported in whole or in part by public
 1413  funds, provided such plan is not:
 1414         (a) An employee benefit plan described in s. 4(a) of the
 1415  Employee Retirement Income Security Act of 1974, which is not
 1416  exempt under s. 4(b)(1) of such act;
 1417         (b) A plan which is unfunded and is maintained by an
 1418  employer primarily for the purpose of providing deferred
 1419  compensation for a select group of management or highly
 1420  compensated employees;
 1421         (c) A coverage agreement entered into pursuant to s. 218 of
 1422  the Social Security Act;
 1423         (d) An individual retirement account or an individual
 1424  retirement annuity within the meaning of s. 408, or a retirement
 1425  bond within the meaning of s. 409, of the Internal Revenue Code
 1426  of 1954;
 1427         (e) A plan described in s. 401(d) of the Internal Revenue
 1428  Code of 1954; or
 1429         (f) An individual account consisting of an annuity contract
 1430  described in s. 403(b) of the Internal Revenue Code of 1954.
 1431         (6)(2) “Plan administrator” means the person so designated
 1432  by the terms of the instrument or instruments, ordinance, or
 1433  statute under which the plan is operated. If no plan
 1434  administrator has been designated, the plan sponsor shall be
 1435  considered the plan administrator.
 1436         (2)(3) “Enrolled actuary” means an actuary who is enrolled
 1437  under Subtitle C of Title III of the Employee Retirement Income
 1438  Security Act of 1974 and who is a member of the Society of
 1439  Actuaries or the American Academy of Actuaries.
 1440         (1)(4) “Benefit increase” means a change or amendment in
 1441  the plan design or benefit structure which results in increased
 1442  benefits for plan members or beneficiaries.
 1443         (3)(5) “Governmental entity” means the state, for the
 1444  Florida Retirement System, and the county, municipality, special
 1445  district, or district school board which is the employer of the
 1446  member of a local retirement system or plan.
 1447         (5)(6) “Pension or retirement benefit” means any benefit,
 1448  including a disability benefit, paid to a member or beneficiary
 1449  of a retirement system or plan as defined in subsection (8) (1).
 1450         (9)(7) “Statement value” means the value of assets in
 1451  accordance with s. 302(c)(2) of the Employee Retirement Income
 1452  Security Act of 1974 and as permitted under regulations
 1453  prescribed by the Secretary of the Treasury as amended by Pub.
 1454  L. No. 100-203, as such sections are in effect on August 16,
 1455  2006. Assets for which a fair market value is not provided shall
 1456  be excluded from the assets used in the determination of annual
 1457  funding cost.
 1458         (4)(8) “Named fiduciary,” “board,” or “board of trustees”
 1459  means the person or persons so designated by the terms of the
 1460  instrument or instruments, ordinance, or statute under which the
 1461  plan is operated.
 1462         (7)(9) “Plan sponsor” means the local governmental entity
 1463  that has established or that may establish a local retirement
 1464  system or plan.
 1465         Reviser’s note.—Amended to place the definitions of the section
 1466         in alphabetical order and to conform a cross-reference.
 1467         Section 42. Paragraphs (a), (b), (d), and (e) of subsection
 1468  (2) of section 116.34, Florida Statutes, are reordered and
 1469  amended to read:
 1470         116.34 Facsimile signatures.—
 1471         (2) DEFINITIONS.—As used in this section:
 1472         (e)(a) “Public security” means a bond, note, certificate of
 1473  indebtedness, or other obligation for the payment of money,
 1474  issued by this state or by any of its departments, agencies,
 1475  public bodies, or other instrumentalities or by any of its
 1476  political subdivisions.
 1477         (d)(b) “Instrument of payment” means a check, draft,
 1478  warrant, or order for the payment, delivery, or transfer of
 1479  funds.
 1480         (a)(d) “Authorized officer” means any official of this
 1481  state or any of its departments, agencies, public bodies, or
 1482  other instrumentalities or any of its political subdivisions
 1483  whose signature to a public security, instrument of conveyance
 1484  or instrument of payment is required or permitted.
 1485         (b)(e) “Facsimile signature” means a reproduction by
 1486  engraving, imprinting, stamping, or other means of the manual
 1487  signature of an authorized officer.
 1488         Reviser’s note.—Amended to place the definitions in subsection
 1489         (2) in alphabetical order.
 1490         Section 43. Paragraph (a) of subsection (52) and paragraph
 1491  (a) of subsection (53) of section 121.021, Florida Statutes, are
 1492  amended to read:
 1493         121.021 Definitions.—The following words and phrases as
 1494  used in this chapter have the respective meanings set forth
 1495  unless a different meaning is plainly required by the context:
 1496         (52) “Regularly established position” means:
 1497         (a) With respect to a state employer, a position that is
 1498  authorized and established pursuant to law and is compensated
 1499  from a salaries and benefits appropriation pursuant to s.
 1500  216.011(1)(rr) 216.011(1)(mm), or an established position that
 1501  is authorized pursuant to s. 216.262(1)(a) and (b) and is
 1502  compensated from a salaries account as provided in s.
 1503  216.011(1)(ss) 216.011(1)(nn).
 1504         (53) “Temporary position” means:
 1505         (a) With respect to a state employer, a position that is
 1506  compensated from an other personal services (OPS) account as
 1507  provided in s. 216.011(1)(jj) 216.011(1)(dd).
 1508         Reviser’s note.—Amended to conform cross-references to the
 1509         reordering of definitions in s. 216.011(1) by this act.
 1510         Section 44. Paragraph (c) of subsection (2) and subsection
 1511  (8) of section 121.051, Florida Statutes, are amended to read:
 1512         121.051 Participation in the system.—
 1513         (2) OPTIONAL PARTICIPATION.—
 1514         (c) Employees of public community colleges or charter
 1515  technical career centers sponsored by public community colleges,
 1516  designated in s. 1000.21(5) 1000.21(3), who are members of the
 1517  Regular Class of the Florida Retirement System and who comply
 1518  with the criteria set forth in this paragraph and s. 1012.875
 1519  may, in lieu of participating in the Florida Retirement System,
 1520  elect to withdraw from the system altogether and participate in
 1521  the State Community College System Optional Retirement Program
 1522  provided by the employing agency under s. 1012.875.
 1523         1.a. Through June 30, 2001, the cost to the employer for
 1524  benefits under the optional retirement program equals the normal
 1525  cost portion of the employer retirement contribution which would
 1526  be required if the employee were a member of the pension plan’s
 1527  Regular Class, plus the portion of the contribution rate
 1528  required by s. 112.363(8) which would otherwise be assigned to
 1529  the Retiree Health Insurance Subsidy Trust Fund.
 1530         b. Effective July 1, 2001, through June 30, 2011, each
 1531  employer shall contribute on behalf of each member of the
 1532  optional program an amount equal to 10.43 percent of the
 1533  employee’s gross monthly compensation. The employer shall deduct
 1534  an amount for the administration of the program.
 1535         c. Effective July 1, 2011, through June 30, 2012, each
 1536  member shall contribute an amount equal to the employee
 1537  contribution required under s. 121.71(3). The employer shall
 1538  contribute on behalf of each program member an amount equal to
 1539  the difference between 10.43 percent of the employee’s gross
 1540  monthly compensation and the employee’s required contribution
 1541  based on the employee’s gross monthly compensation.
 1542         d. Effective July 1, 2012, each member shall contribute an
 1543  amount equal to the employee contribution required under s.
 1544  121.71(3). The employer shall contribute on behalf of each
 1545  program member an amount equal to the difference between 8.15
 1546  percent of the employee’s gross monthly compensation and the
 1547  employee’s required contribution based on the employee’s gross
 1548  monthly compensation.
 1549         e. The employer shall contribute an additional amount to
 1550  the Florida Retirement System Trust Fund equal to the unfunded
 1551  actuarial accrued liability portion of the Regular Class
 1552  contribution rate.
 1553         2. The decision to participate in the optional retirement
 1554  program is irrevocable as long as the employee holds a position
 1555  eligible for participation, except as provided in subparagraph
 1556  3. Any service creditable under the Florida Retirement System is
 1557  retained after the member withdraws from the system; however,
 1558  additional service credit in the system may not be earned while
 1559  a member of the optional retirement program.
 1560         3. An employee who has elected to participate in the
 1561  optional retirement program shall have one opportunity, at the
 1562  employee’s discretion, to transfer from the optional retirement
 1563  program to the pension plan of the Florida Retirement System or
 1564  to the investment plan established under part II of this
 1565  chapter, subject to the terms of the applicable optional
 1566  retirement program contracts.
 1567         a. If the employee chooses to move to the investment plan,
 1568  any contributions, interest, and earnings creditable to the
 1569  employee under the optional retirement program are retained by
 1570  the employee in the optional retirement program, and the
 1571  applicable provisions of s. 121.4501(4) govern the election.
 1572         b. If the employee chooses to move to the pension plan of
 1573  the Florida Retirement System, the employee shall receive
 1574  service credit equal to his or her years of service under the
 1575  optional retirement program.
 1576         (I) The cost for such credit is the amount representing the
 1577  present value of the employee’s accumulated benefit obligation
 1578  for the affected period of service. The cost shall be calculated
 1579  as if the benefit commencement occurs on the first date the
 1580  employee becomes eligible for unreduced benefits, using the
 1581  discount rate and other relevant actuarial assumptions that were
 1582  used to value the Florida Retirement System Pension Plan
 1583  liabilities in the most recent actuarial valuation. The
 1584  calculation must include any service already maintained under
 1585  the pension plan in addition to the years under the optional
 1586  retirement program. The present value of any service already
 1587  maintained must be applied as a credit to total cost resulting
 1588  from the calculation. The division must ensure that the transfer
 1589  sum is prepared using a formula and methodology certified by an
 1590  enrolled actuary.
 1591         (II) The employee must transfer from his or her optional
 1592  retirement program account and from other employee moneys as
 1593  necessary, a sum representing the present value of the
 1594  employee’s accumulated benefit obligation immediately following
 1595  the time of such movement, determined assuming that attained
 1596  service equals the sum of service in the pension plan and
 1597  service in the optional retirement program.
 1598         4. Participation in the optional retirement program is
 1599  limited to employees who satisfy the following eligibility
 1600  criteria:
 1601         a. The employee is otherwise eligible for membership or
 1602  renewed membership in the Regular Class of the Florida
 1603  Retirement System, as provided in s. 121.021(11) and (12) or s.
 1604  121.122.
 1605         b. The employee is employed in a full-time position
 1606  classified in the Accounting Manual for Florida’s College System
 1607  as:
 1608         (I) Instructional; or
 1609         (II) Executive Management, Instructional Management, or
 1610  Institutional Management and the community college determines
 1611  that recruiting to fill a vacancy in the position is to be
 1612  conducted in the national or regional market, and the duties and
 1613  responsibilities of the position include the formulation,
 1614  interpretation, or implementation of policies, or the
 1615  performance of functions that are unique or specialized within
 1616  higher education and that frequently support the mission of the
 1617  community college.
 1618         c. The employee is employed in a position not included in
 1619  the Senior Management Service Class of the Florida Retirement
 1620  System as described in s. 121.055.
 1621         5. Members of the program are subject to the same
 1622  reemployment limitations, renewed membership provisions, and
 1623  forfeiture provisions applicable to regular members of the
 1624  Florida Retirement System under ss. 121.091(9), 121.122, and
 1625  121.091(5), respectively. A member who receives a program
 1626  distribution funded by employer and required employee
 1627  contributions is deemed to be retired from a state-administered
 1628  retirement system if the member is subsequently employed with an
 1629  employer that participates in the Florida Retirement System.
 1630         6. Eligible community college employees are compulsory
 1631  members of the Florida Retirement System until, pursuant to s.
 1632  1012.875, a written election to withdraw from the system and
 1633  participate in the optional retirement program is filed with the
 1634  program administrator and received by the division.
 1635         a. A community college employee whose program eligibility
 1636  results from initial employment shall be enrolled in the
 1637  optional retirement program retroactive to the first day of
 1638  eligible employment. The employer and employee retirement
 1639  contributions paid through the month of the employee plan change
 1640  shall be transferred to the community college to the employee’s
 1641  optional program account, and, effective the first day of the
 1642  next month, the employer shall pay the applicable contributions
 1643  based upon subparagraph 1.
 1644         b. A community college employee whose program eligibility
 1645  is due to the subsequent designation of the employee’s position
 1646  as one of those specified in subparagraph 4., or due to the
 1647  employee’s appointment, promotion, transfer, or reclassification
 1648  to a position specified in subparagraph 4., must be enrolled in
 1649  the program on the first day of the first full calendar month
 1650  that such change in status becomes effective. The employer and
 1651  employee retirement contributions paid from the effective date
 1652  through the month of the employee plan change must be
 1653  transferred to the community college to the employee’s optional
 1654  program account, and, effective the first day of the next month,
 1655  the employer shall pay the applicable contributions based upon
 1656  subparagraph 1.
 1657         7. Effective July 1, 2003, through December 31, 2008, any
 1658  member of the optional retirement program who has service credit
 1659  in the pension plan of the Florida Retirement System for the
 1660  period between his or her first eligibility to transfer from the
 1661  pension plan to the optional retirement program and the actual
 1662  date of transfer may, during employment, transfer to the
 1663  optional retirement program a sum representing the present value
 1664  of the accumulated benefit obligation under the defined benefit
 1665  retirement program for the period of service credit. Upon
 1666  transfer, all service credit previously earned under the pension
 1667  plan during this period is nullified for purposes of entitlement
 1668  to a future benefit under the pension plan.
 1669         (8) DIVISION OF REHABILITATION AND LIQUIDATION EMPLOYEES
 1670  MEMBERSHIP.—Effective July 1, 1994, the regular receivership
 1671  employees of the Division of Rehabilitation and Liquidation of
 1672  the Department of Financial Services who are assigned to
 1673  established positions and are subject to established rules and
 1674  regulations regarding discipline, pay, classification, and time
 1675  and attendance are hereby declared to be state employees within
 1676  the meaning of this chapter and shall be compulsory members in
 1677  compliance with this chapter, the provisions of s.
 1678  216.011(1)(jj)2. 216.011(1)(dd)2., notwithstanding. Employment
 1679  performed before July 1, 1994, as such a receivership employee
 1680  may be claimed as creditable retirement service upon payment by
 1681  the employee or employer of contributions required in s.
 1682  121.081(1), as applicable for the period claimed.
 1683         Reviser’s note.—Paragraph (2)(c) is amended to conform to the
 1684         reordering of definitions in s. 1000.21 by this act.
 1685         Subsection (8) is amended to conform to the reordering of
 1686         definitions in s. 216.011(1) by this act.
 1687         Section 45. Paragraph (b) of subsection (9) of section
 1688  125.0104, Florida Statutes, is amended to read:
 1689         125.0104 Tourist development tax; procedure for levying;
 1690  authorized uses; referendum; enforcement.—
 1691         (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any
 1692  other powers and duties provided for agencies created for the
 1693  purpose of tourism promotion by a county levying the tourist
 1694  development tax, such agencies are authorized and empowered to:
 1695         (b) Pay by advancement or reimbursement, or a combination
 1696  thereof, the costs of per diem and incidental expenses of
 1697  officers and employees of the agency and other authorized
 1698  persons, for foreign travel at the current rates as specified in
 1699  the federal publication “Standardized Regulations (Government
 1700  Civilians, Foreign Areas).” The provisions of this paragraph
 1701  shall apply for any officer or employee of the agency traveling
 1702  in foreign countries for the purposes of promoting tourism and
 1703  travel to the county, if such travel expenses are approved and
 1704  certified by the agency head from whose funds the traveler is
 1705  paid. As used in this paragraph, the term “authorized person”
 1706  shall have the same meaning as provided in s. 112.061(2)(c)
 1707  112.061(2)(e). With the exception of provisions concerning rates
 1708  of payment for per diem, the provisions of s. 112.061 are
 1709  applicable to the travel described in this paragraph. As used in
 1710  this paragraph, “foreign travel” means all travel outside the
 1711  United States. Persons traveling in foreign countries pursuant
 1712  to this subsection shall not be entitled to reimbursements or
 1713  advancements pursuant to s. 112.061(6)(a)2.
 1714         Reviser’s note.—Amended to conform to the reordering of
 1715         definitions in s. 112.061(2) by this act.
 1716         Section 46. Subsection (1) of section 125.488, Florida
 1717  Statutes, is amended to read:
 1718         125.488 Ordinances, regulations, and policies concerning
 1719  temporary underground power panels.—
 1720         (1) A county may not enact any ordinance, regulation, or
 1721  policy that prevents or has the effect of preventing an electric
 1722  utility, as defined in s. 366.02(4) 366.02(2), from installing a
 1723  temporary underground power panel if the temporary underground
 1724  power panel meets the requirements of Article 590 of the
 1725  National Electrical Code, 2020 edition, during the construction
 1726  and installation of the temporary underground power panel. After
 1727  the county has conducted an inspection of the temporary
 1728  underground power panel, the county may not require a subsequent
 1729  inspection of the temporary underground power panel as a
 1730  condition of issuance of the certificate of occupancy.
 1731         Reviser’s note.—Amended to conform to the renumbering of s.
 1732         366.04(2) as s. 366.04(4) by s. 27, ch. 2022-4, Laws of
 1733         Florida.
 1734         Section 47. Paragraph (k) of subsection (1) of section
 1735  159.47, Florida Statutes, is amended to read:
 1736         159.47 Powers of the authority.—
 1737         (1) The authority is authorized and empowered:
 1738         (k) To pay by advancement or reimbursement, or a
 1739  combination thereof, the costs of per diem of members or
 1740  employees of the authority and other authorized persons, for
 1741  foreign travel at the current rates as specified in the federal
 1742  publication “Standardized Regulations (Government Civilians,
 1743  Foreign Areas),” and incidental expenses as provided in s.
 1744  112.061. The provisions of this paragraph shall apply for any
 1745  member or employee of the authority traveling in foreign
 1746  countries for the purpose of promoting economic or industrial
 1747  development of the county, if such travel expenses are approved
 1748  and certified by the agency head from whose funds the traveler
 1749  is paid. As used in this paragraph, the term “authorized person”
 1750  has the same meaning as provided in s. 112.061(2)(c)
 1751  112.061(2)(e). With the exception of provisions concerning rates
 1752  of payment for per diem, the provisions of s. 112.061 are
 1753  applicable to the travel described in this subsection. As used
 1754  in this paragraph, “foreign travel” means all travel outside the
 1755  United States. Persons traveling in foreign countries pursuant
 1756  to this section shall not be entitled to reimbursements or
 1757  advancements pursuant to s. 112.061(6)(a)2.
 1758         Reviser’s note.—Amended to conform to the reordering of
 1759         definitions in s. 112.061(2) by this act.
 1760         Section 48. Paragraph (b) of subsection (1) of section
 1761  163.32051, Florida Statutes, is amended to read:
 1762         163.32051 Floating solar facilities.—
 1763         (1)
 1764         (b) The Legislature finds that siting floating solar
 1765  facilities on wastewater treatment ponds, abandoned limerock
 1766  mine areas, stormwater treatment ponds, reclaimed water ponds,
 1767  and other water storage reservoirs are beneficial uses of those
 1768  areas for many reasons, including the fact that the water has a
 1769  cooling effect on the solar panels, which can boost power
 1770  production, and the fact that the panels help decrease the
 1771  amount of water lost to evaporation and the formation of harmful
 1772  algal blooms.
 1773         Reviser’s note.—Amended to confirm an editorial insertion to
 1774         improve clarity.
 1775         Section 49. Subsection (1) of section 166.0484, Florida
 1776  Statutes, is amended to read:
 1777         166.0484 Ordinances, regulations, and policies concerning
 1778  temporary underground power panels.—
 1779         (1) A municipality may not enact any ordinance, regulation,
 1780  or policy that prevents or has the effect of preventing an
 1781  electric utility, as defined in s. 366.02(4) 366.02(2), from
 1782  installing a temporary underground power panel if the temporary
 1783  underground power panel meets the requirements of Article 590 of
 1784  the National Electrical Code, 2020 edition, during the
 1785  construction and installation of the temporary underground power
 1786  panel. After the municipality has conducted an inspection of the
 1787  temporary underground power panel, the municipality may not
 1788  require a subsequent inspection of the temporary underground
 1789  power panel as a condition of issuance of the certificate of
 1790  occupancy.
 1791         Reviser’s note.—Amended to conform to the renumbering of s.
 1792         366.04(2) as s. 366.04(4) by s. 27, ch. 2022-4, Laws of
 1793         Florida.
 1794         Section 50. Paragraph (b) of subsection (2) of section
 1795  175.261, Florida Statutes, is amended to read:
 1796         175.261 Annual report to Division of Retirement; actuarial
 1797  valuations.—For any municipality, special fire control district,
 1798  chapter plan, local law municipality, local law special fire
 1799  control district, or local law plan under this chapter, the
 1800  board of trustees for every chapter plan and local law plan
 1801  shall submit the following reports to the division:
 1802         (2) With respect to local law plans:
 1803         (b) In addition to annual reports provided under paragraph
 1804  (a), an actuarial valuation of the retirement plan must be made
 1805  at least once every 3 years, as provided in s. 112.63,
 1806  commencing 3 years from the last actuarial valuation of the plan
 1807  or system for existing plans, or commencing 3 years from
 1808  issuance of the initial actuarial impact statement submitted
 1809  under s. 112.63 for newly created plans. Such valuation shall be
 1810  prepared by an enrolled actuary, subject to the following
 1811  conditions:
 1812         1. The assets shall be valued as provided in s. 112.625(9)
 1813  112.625(7).
 1814         2. The cost of the actuarial valuation must be paid by the
 1815  individual firefighters’ retirement fund or by the sponsoring
 1816  municipality or special fire control district.
 1817         3. A report of the valuation, including actuarial
 1818  assumptions and type and basis of funding, shall be made to the
 1819  division within 3 months after the date of valuation. If any
 1820  benefits are insured with a commercial insurance company, the
 1821  report must include a statement of the relationship of the
 1822  retirement plan benefits to the insured benefits, the name of
 1823  the insurer, the basis of premium rates, and the mortality
 1824  table, interest rate, and method used in valuing the retirement
 1825  benefits.
 1826         Reviser’s note.—Amended to conform to the reordering of
 1827         definitions in s. 112.625 by this act.
 1828         Section 51. Paragraph (b) of subsection (2) of section
 1829  185.221, Florida Statutes, is amended to read:
 1830         185.221 Annual report to Division of Retirement; actuarial
 1831  valuations.—For any municipality, chapter plan, local law
 1832  municipality, or local law plan under this chapter, the board of
 1833  trustees for every chapter plan and local law plan shall submit
 1834  the following reports to the division:
 1835         (2) With respect to local law plans:
 1836         (b) In addition to annual reports provided under paragraph
 1837  (a), an actuarial valuation of the retirement plan must be made
 1838  at least once every 3 years, as provided in s. 112.63,
 1839  commencing 3 years from the last actuarial valuation of the plan
 1840  or system for existing plans, or commencing 3 years from
 1841  issuance of the initial actuarial impact statement submitted
 1842  under s. 112.63 for newly created plans. Such valuation shall be
 1843  prepared by an enrolled actuary, subject to the following
 1844  conditions:
 1845         1. The assets shall be valued as provided in s. 112.625(9)
 1846  112.625(7).
 1847         2. The cost of the actuarial valuation must be paid by the
 1848  individual police officer’s retirement trust fund or by the
 1849  sponsoring municipality.
 1850         3. A report of the valuation, including actuarial
 1851  assumptions and type and basis of funding, shall be made to the
 1852  division within 3 months after the date of the valuation. If any
 1853  benefits are insured with a commercial insurance company, the
 1854  report must include a statement of the relationship of the
 1855  retirement plan benefits to the insured benefits, the name of
 1856  the insurer, the basis of premium rates, and the mortality
 1857  table, interest rate, and method used in valuing the retirement
 1858  benefits.
 1859         Reviser’s note.—Amended to conform to the reordering of
 1860         definitions in s. 112.625 by this act.
 1861         Section 52. Paragraphs (a) and (c) of subsection (1) and
 1862  subsections (2) through (4), (8), and (9) of section 205.022,
 1863  Florida Statutes, are reordered and amended to read:
 1864         205.022 Definitions.—When used in this chapter, the
 1865  following terms and phrases shall have the meanings ascribed to
 1866  them in this section, except when the context clearly indicates
 1867  a different meaning:
 1868         (1) “Business,” “profession,” and “occupation” do not
 1869  include the customary religious, charitable, or educational
 1870  activities of nonprofit religious, nonprofit charitable, and
 1871  nonprofit educational institutions in this state, which
 1872  institutions are more particularly defined and limited as
 1873  follows:
 1874         (c)(a) “Religious institutions” means churches and
 1875  ecclesiastical or denominational organizations or established
 1876  physical places for worship in this state at which nonprofit
 1877  religious services and activities are regularly conducted and
 1878  carried on, and also means church cemeteries.
 1879         (a)(c) “Charitable institutions” means only nonprofit
 1880  corporations operating physical facilities in this state at
 1881  which are provided charitable services, a reasonable percentage
 1882  of which are without cost to those unable to pay.
 1883         (8)(2) “Receipt” means the document that is issued by the
 1884  local governing authority which bears the words “Local Business
 1885  Tax Receipt” and evidences that the person in whose name the
 1886  document is issued has complied with the provisions of this
 1887  chapter relating to the business tax.
 1888         (2)(3) “Classification” means the method by which a
 1889  business or group of businesses is identified by size or type,
 1890  or both.
 1891         (3)(4) “Enterprise zone” means an area designated as an
 1892  enterprise zone pursuant to s. 290.0065. This subsection expires
 1893  on the date specified in s. 290.016 for the expiration of the
 1894  Florida Enterprise Zone Act.
 1895         (9)(8) “Taxpayer” means any person liable for taxes imposed
 1896  under the provisions of this chapter; any agent required to file
 1897  and pay any taxes imposed hereunder; and the heirs, successors,
 1898  assignees, and transferees of any such person or agent.
 1899         (4)(9) “Independent contractor” has the same meaning as
 1900  provided in s. 440.02(18)(d)1.a. and b 440.02(15)(d)1.a. and b.
 1901         Reviser’s note.—Paragraphs (1)(a) and (c) and subsections (2)
 1902         through (4), (8), and (9) are amended to place the
 1903         definitions of the section in alphabetical order.
 1904         Subsection (9) is further amended to conform to the
 1905         reordering of definitions in s. 440.02 by this act.
 1906         Section 53. Paragraph (a) of subsection (5) of section
 1907  215.5551, Florida Statutes, is amended to read:
 1908         215.5551 Reinsurance to Assist Policyholders program.—
 1909         (5) INSURER QUALIFICATION.—
 1910         (a) An insurer is not eligible to participate in the RAP
 1911  program if the board receives a notice from the Commissioner of
 1912  Insurance Regulation which certifies that the insurer is in an
 1913  unsound financial condition no later than:
 1914         1. June 15, 2022, for RAP insurers that participate during
 1915  the 2022-2023 contract year; or
 1916         2. February 1, 2023, for RAP insurers subject to
 1917  participation deferral under subsection (6) that and participate
 1918  during the 2023-2024 contract year.
 1919         Reviser’s note.—Amended to confirm an editorial substitution to
 1920         improve clarity and facilitate correct interpretation.
 1921         Section 54. Subsection (1) of section 216.011, Florida
 1922  Statutes, is reordered and amended, and paragraph (c) of
 1923  subsection (3) of that section is amended to read:
 1924         216.011 Definitions.—
 1925         (1) For the purpose of fiscal affairs of the state,
 1926  appropriations acts, legislative budgets, and approved budgets,
 1927  each of the following terms has the meaning indicated:
 1928         (b)(a) “Annual salary rate” means the monetary compensation
 1929  authorized to be paid a position on an annualized basis. The
 1930  term does not include moneys authorized for benefits associated
 1931  with the position.
 1932         (c)(b) “Appropriation” means a legal authorization to make
 1933  expenditures for specific purposes within the amounts authorized
 1934  by law.
 1935         (d)(c) “Appropriations act” means the authorization of the
 1936  Legislature, based upon legislative budgets or based upon
 1937  legislative findings of the necessity for an authorization when
 1938  no legislative budget is filed, for the expenditure of amounts
 1939  of money by an agency, the judicial branch, or the legislative
 1940  branch for stated purposes in the performance of the functions
 1941  it is authorized by law to perform. The categories contained in
 1942  the appropriations act include, but are not limited to:
 1943         1. Data processing services.
 1944         2. Expenses.
 1945         3. Fixed capital outlay.
 1946         4. Food products.
 1947         5. Grants and aids.
 1948         6. Grants and aids to local governments and nonstate
 1949  entities-fixed capital outlay.
 1950         7. Lump-sum appropriations.
 1951         8. Operating capital outlay.
 1952         9. Other personal services.
 1953         10. Salaries and benefits.
 1954         11. Special categories.
 1955         (e)(d) “Authorized position” means a position included in
 1956  an approved budget. In counting the number of authorized
 1957  positions, part-time positions shall be converted to full-time
 1958  equivalents.
 1959         (f)(e) “Baseline data” means indicators of a state agency’s
 1960  current performance level, pursuant to guidelines established by
 1961  the Executive Office of the Governor, in consultation with
 1962  legislative appropriations and appropriate substantive
 1963  committees.
 1964         (g)(f) “Budget entity” means a unit or function at the
 1965  lowest level to which funds are specifically appropriated in the
 1966  appropriations act. “Budget entity” and “service” have the same
 1967  meaning.
 1968         (i)(g) “Chairs of the legislative appropriations
 1969  committees” means the chairs of the committees of the Senate and
 1970  the House of Representatives responsible for producing the
 1971  General Appropriations Act.
 1972         (j)(h) “Consultation” means communication to allow
 1973  government officials and agencies to deliberate and to seek and
 1974  provide advice in an open and forthright manner.
 1975         (k)(i) “Continuing appropriation” means an appropriation
 1976  automatically renewed without further legislative action, period
 1977  after period, until altered or revoked by the Legislature.
 1978         (l)(j) “Data processing services” means the appropriation
 1979  category used to fund electronic data processing services
 1980  provided by state agencies or the judicial branch, which
 1981  services include, but are not limited to, systems design,
 1982  software development, or time-sharing by other governmental
 1983  units or budget entities.
 1984         (m)(k) “Disbursement” means the payment of an expenditure.
 1985         (n)(l) “Disincentive” means a sanction as described in s.
 1986  216.163.
 1987         (o)(m) “Expenditure” means the creation or incurring of a
 1988  legal obligation to disburse money.
 1989         (p)(n) “Expense” means the appropriation category used to
 1990  fund the usual, ordinary, and incidental expenditures by an
 1991  agency or the judicial branch, including such items as
 1992  commodities, supplies of a consumable nature, current
 1993  obligations, and fixed charges, and excluding expenditures
 1994  classified as operating capital outlay. Payments to other funds
 1995  or local, state, or federal agencies may be included in this
 1996  category.
 1997         (q)(o) “Fiscal year of the state” means a period of time
 1998  beginning July 1 and ending on the following June 30, both dates
 1999  inclusive.
 2000         (r)(p) “Fixed capital outlay” means the appropriation
 2001  category used to fund real property (land, buildings, including
 2002  appurtenances, fixtures and fixed equipment, structures, etc.),
 2003  including additions, replacements, major repairs, and
 2004  renovations to real property which materially extend its useful
 2005  life or materially improve or change its functional use and
 2006  including furniture and equipment necessary to furnish and
 2007  operate a new or improved facility, when appropriated by the
 2008  Legislature in the fixed capital outlay appropriation category.
 2009         (s)(q) “Food products” means the appropriation category
 2010  used to fund food consumed and purchased in state-run facilities
 2011  that provide housing to individuals.
 2012         (t)(r) “Grants and aids” means the appropriation category
 2013  used to fund contributions to units of government or nonstate
 2014  entities to be used for one or more specified purposes or
 2015  activities. Funds appropriated to units of government and
 2016  nonprofit entities under this category may be advanced.
 2017         (u)(s) “Grants and aids to local governments and nonstate
 2018  entities-fixed capital outlay” means the appropriation category
 2019  used to fund:
 2020         1. Grants to local units of governments or nonstate
 2021  entities for the acquisition of real property (land, buildings,
 2022  including appurtenances, fixtures and fixed equipment,
 2023  structures, etc.); additions, replacements, major repairs, and
 2024  renovations to real property which materially extend its useful
 2025  life or materially improve or change its functional use; and
 2026  operating capital outlay necessary to furnish and operate a new
 2027  or improved facility; and
 2028         2. Grants to local units of government for their respective
 2029  infrastructure and growth management needs related to local
 2030  government comprehensive plans.
 2031  
 2032  Funds appropriated to local units of government and nonprofit
 2033  organizations under this category may be advanced in part or in
 2034  whole.
 2035         (v)(t) “Incentive” means a mechanism, as described in s.
 2036  216.163, for recognizing the achievement of performance
 2037  standards or for motivating performance that exceeds performance
 2038  standards.
 2039         (x)(u) “Independent judgment” means an evaluation of actual
 2040  needs made separately and apart from the legislative budget
 2041  request of any other agency or of the judicial branch, or any
 2042  assessments by the Governor. Such evaluation shall not be
 2043  limited by revenue estimates of the Revenue Estimating
 2044  Conference.
 2045         (y)(v) “Judicial branch” means all officers, employees, and
 2046  offices of the Supreme Court, district courts of appeal, circuit
 2047  courts, county courts, and the Judicial Qualifications
 2048  Commission.
 2049         (aa)(w) “Legislative branch” means the various officers,
 2050  committees, and other units of the legislative branch of state
 2051  government.
 2052         (bb)(x) “Legislative budget instructions” means the annual
 2053  set of instructions developed to assist agencies in submitting
 2054  budget requests to the Legislature and to generate information
 2055  necessary for budgetary decisionmaking. Such instructions may
 2056  include program-based performance budget instructions.
 2057         (cc)(y) “Legislative budget request” means a request to the
 2058  Legislature, filed pursuant to s. 216.023, or supplemental
 2059  detailed requests filed with the Legislature, for the amounts of
 2060  money such agency or branch believes will be needed in the
 2061  performance of the functions that it is authorized, or which it
 2062  is requesting authorization by law, to perform.
 2063         (ee)(z) “Long-range program plan” means a plan developed
 2064  pursuant to s. 216.013.
 2065         (ff)(aa) “Lump-sum appropriation” means the appropriation
 2066  category used to fund a specific activity or project which must
 2067  be transferred to one or more appropriation categories for
 2068  expenditure.
 2069         (hh)(bb) “Operating capital outlay” means the appropriation
 2070  category used to fund equipment, fixtures, and other tangible
 2071  personal property of a nonconsumable and nonexpendable nature
 2072  under s. 273.025.
 2073         (ii)(cc) “Original approved budget” means the approved plan
 2074  of operation of an agency or of the judicial branch consistent
 2075  with the General Appropriations Act or special appropriations
 2076  acts.
 2077         (jj)(dd) “Other personal services” means the appropriation
 2078  category used to fund the compensation for services rendered by
 2079  a person who is not filling an established position. This
 2080  definition includes, but is not limited to, services of
 2081  temporary employees, student or graduate assistants, persons on
 2082  fellowships, part-time academic employees, board members, and
 2083  consultants and other services specifically budgeted by each
 2084  agency, or by the judicial branch, in this category. In
 2085  distinguishing between payments to be made from salaries and
 2086  benefits appropriations and other-personal-services
 2087  appropriations:
 2088         1. Those persons filling established positions shall be
 2089  paid from salaries and benefits appropriations and those persons
 2090  performing services for a state agency or for the judicial
 2091  branch, but who are not filling established positions, shall be
 2092  paid from other-personal-services appropriations.
 2093         2. Those persons paid from salaries and benefits
 2094  appropriations shall be state officers or employees and shall be
 2095  eligible for membership in a state retirement system and those
 2096  paid from other-personal-services appropriations shall not be
 2097  eligible for such membership.
 2098         (kk)(ee) “Outcome” means an indicator of the actual impact
 2099  or public benefit of a program.
 2100         (ll)(ff) “Output” means the actual service or product
 2101  delivered by a state agency.
 2102         (gg) “Mandatory reserve” means the reduction of an
 2103  appropriation by the Governor or the Legislative Budget
 2104  Commission due to an anticipated deficit in a fund, pursuant to
 2105  s. 216.221. Action may not be taken to restore a mandatory
 2106  reserve either directly or indirectly.
 2107         (h)(hh) “Budget reserve” means the withholding, as
 2108  authorized by the Legislature, of an appropriation, or portion
 2109  thereof. The need for a budget reserve may exist until certain
 2110  conditions set by the Legislature are met by the affected
 2111  agency, or such need may exist due to financial or program
 2112  changes that have occurred since, and were unforeseen at the
 2113  time of, passage of the General Appropriations Act.
 2114         (mm)(ii) “Performance measure” means a quantitative or
 2115  qualitative indicator used to assess state agency performance.
 2116         (nn)(jj) “Program” means a set of services and activities
 2117  undertaken in accordance with a plan of action organized to
 2118  realize identifiable goals and objectives based on legislative
 2119  authorization.
 2120         (oo)(kk) “Program component” means an aggregation of
 2121  generally related objectives which, because of their special
 2122  character, related workload, and interrelated output, can
 2123  logically be considered an entity for purposes of organization,
 2124  management, accounting, reporting, and budgeting.
 2125         (pp)(ll) “Proviso” means language that qualifies or
 2126  restricts a specific appropriation and which can be logically
 2127  and directly related to the specific appropriation.
 2128         (rr)(mm) “Salaries and benefits” means the appropriation
 2129  category used to fund the monetary or cash-equivalent
 2130  compensation for work performed by state employees for a
 2131  specific period of time. Benefits shall be as provided by law.
 2132         (ss)(nn) “Salary” means the cash compensation for services
 2133  rendered for a specific period of time.
 2134         (uu)(oo) “Special category” means the appropriation
 2135  category used to fund amounts appropriated for a specific need
 2136  or classification of expenditures.
 2137         (vv)(pp) “Standard” means the level of performance of an
 2138  outcome or output.
 2139         (ww)(qq) “State agency” or “agency” means any official,
 2140  officer, commission, board, authority, council, committee, or
 2141  department of the executive branch of state government. For
 2142  purposes of this chapter and chapter 215, “state agency” or
 2143  “agency” includes, but is not limited to, state attorneys,
 2144  public defenders, criminal conflict and civil regional counsel,
 2145  capital collateral regional counsel, the Justice Administrative
 2146  Commission, the Florida Housing Finance Corporation, and the
 2147  Florida Public Service Commission. Solely for the purposes of
 2148  implementing s. 19(h), Art. III of the State Constitution, the
 2149  terms “state agency” or “agency” include the judicial branch.
 2150         (a)(rr) “Activity” means a unit of work that has
 2151  identifiable starting and ending points, consumes resources, and
 2152  produces outputs.
 2153         (qq)(ss) “Qualified expenditure category” means the
 2154  appropriations category used to fund specific activities and
 2155  projects which must be transferred to one or more appropriation
 2156  categories for expenditure upon recommendation by the Governor
 2157  or Chief Justice, as appropriate, and subject to approval by the
 2158  Legislative Budget Commission. The Legislature by law may
 2159  provide that a specific portion of the funds appropriated in
 2160  this category be transferred to one or more appropriation
 2161  categories without approval by the commission and may provide
 2162  that requirements or contingencies be satisfied prior to the
 2163  transfer.
 2164         (w)(tt) “Incurred obligation” means a legal obligation for
 2165  goods or services that have been contracted for, referred to as
 2166  an encumbrance in the state’s financial system, or received or
 2167  incurred by the state and referred to as a payable in the
 2168  state’s financial system.
 2169         (tt)(uu) “Salary rate reserve” means the withholding of a
 2170  portion of the annual salary rate for a specific purpose.
 2171         (z)(vv) “Lease or lease-purchase of equipment” means the
 2172  appropriations category used to fund the lease or lease-purchase
 2173  of equipment, fixtures, and other tangible personal property.
 2174         (dd)(ww) “Long-range financial outlook” means a document
 2175  issued by the Legislative Budget Commission based on a 3-year
 2176  forecast of revenues and expenditures.
 2177         (3) For purposes of this chapter, the term:
 2178         (c) “Statutorily authorized entity” means any entity
 2179  primarily acting as an instrumentality of the state, any
 2180  regulatory or governing body, or any other governmental or
 2181  quasi-governmental organization that receives, disburses,
 2182  expends, administers, awards, recommends expenditure of,
 2183  handles, manages, or has custody or control of funds
 2184  appropriated by the Legislature and:
 2185         1. Is created, organized, or specifically authorized to be
 2186  created or established by general law; or
 2187         2. Assists a department, as defined in s. 20.03(8)
 2188  20.03(2), or other unit of state government in providing
 2189  programs or services on a statewide basis with a statewide
 2190  service area or population.
 2191         Reviser’s note.—Subsection (1) is amended to place the
 2192         definitions in alphabetical order. Paragraph (3)(c) is
 2193         amended to conform to the reordering of definitions in s.
 2194         20.03 by this act.
 2195         Section 55. Paragraphs (b) through (e) of subsection (2),
 2196  paragraph (c) of subsection (6), and paragraph (c) of subsection
 2197  (8) of section 251.001, Florida Statutes, are amended to read:
 2198         251.001 Florida State Guard Act.—
 2199         (2) DEFINITIONS.—As used in this section:
 2200         (b) The term “department” means the Department of Military
 2201  Affairs.
 2202         (c) The term “officer” means an officer commissioned by the
 2203  Governor.
 2204         (d) The term “organized guard” means an organized military
 2205  force that is authorized by law.
 2206         (e) The term “warrant officer” means a technical specialist
 2207  commissioned as a warrant officer by the Governor.
 2208         (6) ACTIVATION OF THE FLORIDA STATE GUARD.—
 2209         (c) The Florida State Guard shall be deactivated by the
 2210  expiration of the order of activation or by a separate order by
 2211  the Governor deactivating the Florida State Guard.
 2212         (8) EMPLOYMENT PROTECTION, SUSPENSION OF PROCEEDINGS,
 2213  LIABILITY, AND WORKERS’ COMPENSATION.—
 2214         (c) While activated or in training, members of the Florida
 2215  State Guard are considered volunteers for the state, as defined
 2216  in s. 440.02(18)(d)6. 440.02(15)(d)6., and are entitled to
 2217  workers’ compensation protections pursuant to chapter 440.
 2218         Reviser’s note.—Paragraphs (2)(b) through (e) are amended to
 2219         confirm editorial insertions to conform to paragraph
 2220         (2)(a), which begins with the words “The terms.” Paragraph
 2221         (6)(c) is amended to confirm an editorial insertion to
 2222         improve clarity. Paragraph (8)(c) is amended to conform to
 2223         the reordering of definitions in s. 440.02 by this act.
 2224         Section 56. Paragraph (u) of subsection (2) of section
 2225  252.35, Florida Statutes, is amended to read:
 2226         252.35 Emergency management powers; Division of Emergency
 2227  Management.—
 2228         (2) The division is responsible for carrying out the
 2229  provisions of ss. 252.31-252.90. In performing its duties, the
 2230  division shall:
 2231         (u) Acquire and maintain a supply of personal protective
 2232  equipment owned by the state for use by state agencies and to
 2233  assist local governments and the private sector, when determined
 2234  to be necessary by the State Coordinating Officer, in meeting
 2235  safety needs during a declared emergency. The division shall
 2236  conduct regular inventories of the supply, which must include
 2237  projections of the need for additional personal protective
 2238  equipment, as assessed by each governmental agency, to maintain
 2239  the supply and replace expired items. The division shall
 2240  maintain and replace the equipment on a standardized schedule
 2241  that recognizes equipment expiration and obsolescence. This
 2242  paragraph is subject to appropriation. The initial inventory
 2243  must be reported annually by December 31, 2021, to the Governor,
 2244  the President of the Senate, the Speaker of the House of
 2245  Representatives, and the Chief Justice of the Supreme Court and,
 2246  thereafter, the inventory must be reported by each December 31
 2247  to those officers.
 2248         Reviser’s note.—Amended to delete obsolete language.
 2249         Section 57. Subsections (11) and (12) of section 282.319,
 2250  Florida Statutes, are amended to read:
 2251         282.319 Florida Cybersecurity Advisory Council.—
 2252         (11) Beginning June 30, 2022, and Each June 30 thereafter,
 2253  the council shall submit to the President of the Senate and the
 2254  Speaker of the House of Representatives any legislative
 2255  recommendations considered necessary by the council to address
 2256  cybersecurity.
 2257         (12) Beginning December 1, 2022, and Each December 1
 2258  thereafter, the council shall submit to the Governor, the
 2259  President of the Senate, and the Speaker of the House of
 2260  Representatives a comprehensive report that includes data,
 2261  trends, analysis, findings, and recommendations for state and
 2262  local action regarding ransomware incidents. At a minimum, the
 2263  report must include:
 2264         (a) Descriptive statistics including the amount of ransom
 2265  requested, the duration of the ransomware incident, and the
 2266  overall monetary cost to taxpayers of the ransomware incident.
 2267         (b) A detailed statistical analysis of the circumstances
 2268  that led to the ransomware incident which does not include the
 2269  name of the state agency, county, or municipality; network
 2270  information; or system identifying information.
 2271         (c) A detailed statistical analysis of the level of
 2272  cybersecurity employee training and frequency of data backup for
 2273  the state agency, county, or municipality that reported the
 2274  ransomware incident.
 2275         (d) Specific issues identified with current policies,
 2276  procedures, rules, or statutes and recommendations to address
 2277  such issues.
 2278         (e) Any other recommendations to prevent ransomware
 2279  incidents.
 2280         Reviser’s note.—Amended to delete obsolete language.
 2281         Section 58. Subsection (20) of section 287.012, Florida
 2282  Statutes, is amended to read:
 2283         287.012 Definitions.—As used in this part, the term:
 2284         (20) “Outsource” means the process of contracting with a
 2285  vendor to provide a service as defined in s. 216.011(1)(g)
 2286  216.011(1)(f), in whole or in part, or an activity as defined in
 2287  s. 216.011(1)(a) 216.011(1)(rr), while a state agency retains
 2288  the responsibility and accountability for the service or
 2289  activity and there is a transfer of management responsibility
 2290  for the delivery of resources and the performance of those
 2291  resources.
 2292         Reviser’s note.—Amended to conform to the reordering of
 2293         definitions in s. 216.011(1) by this act.
 2294         Section 59. Paragraph (c) of subsection (3) and subsection
 2295  (18) of section 287.057, Florida Statutes, are amended to read:
 2296         287.057 Procurement of commodities or contractual
 2297  services.—
 2298         (3) If the purchase price of commodities or contractual
 2299  services exceeds the threshold amount provided in s. 287.017 for
 2300  CATEGORY TWO, purchase of commodities or contractual services
 2301  may not be made without receiving competitive sealed bids,
 2302  competitive sealed proposals, or competitive sealed replies
 2303  unless:
 2304         (c) Commodities or contractual services available only from
 2305  a single source may be excepted from the competitive
 2306  solicitation requirements. If an agency believes that
 2307  commodities or contractual services are available only from a
 2308  single source, the agency shall electronically post a
 2309  description of the commodities or contractual services sought
 2310  for at least 15 business days. The description must include a
 2311  request that prospective vendors provide information regarding
 2312  their ability to supply the commodities or contractual services
 2313  described. If it is determined in writing by the agency, after
 2314  reviewing any information received from prospective vendors that
 2315  the commodities or contractual services are available only from
 2316  a single source, the agency shall provide notice of its intended
 2317  decision to enter a single-source purchase contract in the
 2318  manner specified in s. 120.57(3). Each agency shall report all
 2319  such actions to the department on a quarterly basis in a manner
 2320  and form prescribed by the department, and the department shall
 2321  report such information to the Governor, the President of the
 2322  Senate, and the Speaker of the House of Representatives no later
 2323  than January 1, 2022, and each January 1 thereafter.
 2324         (18) Any person who supervises contract administrators or
 2325  contract or grant managers that meet criteria for certification
 2326  in subsection (15) shall annually complete public procurement
 2327  training for supervisors within 12 months after appointment to
 2328  the supervisory position. The department is responsible for
 2329  establishing and disseminating the training course content
 2330  required for supervisors and training shall commence no later
 2331  than July 1, 2022.
 2332         Reviser’s note.—Amended to delete obsolete language.
 2333         Section 60. Paragraph (c) of subsection (2) of section
 2334  288.101, Florida Statutes, is amended to read:
 2335         288.101 Florida Job Growth Grant Fund.—
 2336         (2) The department and Enterprise Florida, Inc., may
 2337  identify projects, solicit proposals, and make funding
 2338  recommendations to the Governor, who is authorized to approve:
 2339         (c) Workforce training grants to support programs at state
 2340  colleges and state technical centers that provide participants
 2341  with transferable, sustainable workforce skills applicable to
 2342  more than a single employer, and for equipment associated with
 2343  these programs. The department shall work with CareerSource
 2344  Florida, Inc., to ensure programs are offered to the public
 2345  based on criteria established by the state college or state
 2346  technical center and do not exclude applicants who are
 2347  unemployed or underemployed.
 2348         Reviser’s note.—Amended to confirm an editorial insertion to
 2349         conform to the full name of CareerSource Florida, Inc.
 2350         Section 61. Paragraph (b) of subsection (2) and paragraph
 2351  (h) of subsection (10) of section 288.9625, Florida Statutes,
 2352  are amended to read:
 2353         288.9625 Institute for Commercialization of Florida
 2354  Technology.—
 2355         (2) The purpose of the institute is to assist, without any
 2356  financial support or specific appropriations from the state, in
 2357  the commercialization of products developed by the research and
 2358  development activities of an innovation business, including, but
 2359  not limited to, those defined in s. 288.1089. The institute
 2360  shall fulfill its purpose in the best interests of the state.
 2361  The institute:
 2362         (b) Is not an agency within the meaning of s. 20.03(1)
 2363  20.03(11);
 2364         (10) The private fund manager:
 2365         (h) Is not an agency within the meaning of s. 20.03(1)
 2366  20.03(11).
 2367         Reviser’s note.—Amended to conform to the reordering of
 2368         definitions in s. 20.03 by this act.
 2369         Section 62. Subsection (8) of section 290.007, Florida
 2370  Statutes, is amended to read:
 2371         290.007 State incentives available in enterprise zones.—The
 2372  following incentives are provided by the state to encourage the
 2373  revitalization of enterprise zones:
 2374         (8) Notwithstanding any law to the contrary, the Public
 2375  Service Commission may allow public utilities and
 2376  telecommunications companies to grant discounts of up to 50
 2377  percent on tariffed rates for services to small businesses
 2378  located in an enterprise zone designated pursuant to s.
 2379  290.0065. Such discounts may be granted for a period not to
 2380  exceed 5 years. For purposes of this subsection, the term
 2381  “public utility” has the same meaning as in s. 366.02(8)
 2382  366.02(1) and the term “telecommunications company” has the same
 2383  meaning as in s. 364.02(13).
 2384         Reviser’s note.—Amended to conform to the reordering of
 2385         definitions in s. 366.02 by s. 27, ch. 2022-4, Laws of
 2386         Florida.
 2387         Section 63. Subsection (2) of section 295.0185, Florida
 2388  Statutes, is amended to read:
 2389         295.0185 Children of deceased or disabled military
 2390  personnel who die or become disabled in Operation Enduring
 2391  Freedom or Operation Iraqi Freedom; educational opportunity.—
 2392         (2) Sections 295.03-295.05 and 1009.40 shall apply.
 2393         Reviser’s note.—Amended to confirm an editorial insertion to
 2394         conform to usage in this chapter.
 2395         Section 64. Subsection (7) of section 295.061, Florida
 2396  Statutes, is amended to read:
 2397         295.061 Active duty servicemembers; death benefits.—
 2398         (7) Benefits provided under subsection (2) or subsection
 2399  (3) shall be paid from the General Revenue Fund. Beginning in
 2400  the 2019-2020 fiscal year and continuing Each fiscal year
 2401  thereafter, a sum sufficient to pay such benefits is
 2402  appropriated from the General Revenue Fund to the Department of
 2403  Financial Services for the purposes of paying such benefits.
 2404         Reviser’s note.—Amended to delete obsolete language.
 2405         Section 65. Subsection (10) of section 322.051, Florida
 2406  Statutes, is amended to read:
 2407         322.051 Identification cards.—
 2408         (10) Notwithstanding any other provision of this section or
 2409  s. 322.21 to the contrary, the department shall issue an
 2410  identification card at no charge to a person who is 80 years of
 2411  age or of older and whose driving privilege is denied due to
 2412  failure to pass a vision test administered pursuant to s.
 2413  322.18(5).
 2414         Reviser’s note.—Amended to confirm an editorial substitution to
 2415         conform to context.
 2416         Section 66. Paragraph (f) of subsection (1) of section
 2417  322.21, Florida Statutes, is amended to read:
 2418         322.21 License fees; procedure for handling and collecting
 2419  fees.—
 2420         (1) Except as otherwise provided herein, the fee for:
 2421         (f) An original, renewal, or replacement identification
 2422  card issued pursuant to s. 322.051 is $25.
 2423         1. An applicant who meets any of the following criteria is
 2424  exempt from the fee under this paragraph for an original,
 2425  renewal, or replacement identification card:
 2426         a. The applicant presents a valid Florida voter’s
 2427  registration card to the department and attests that he or she
 2428  is experiencing a financial hardship.
 2429         b. The applicant presents evidence satisfactory to the
 2430  department that he or she is homeless as defined in s.
 2431  414.0252(7).
 2432         c. The applicant presents evidence satisfactory to the
 2433  department that his or her annual income is at or below 100
 2434  percent of the federal poverty level.
 2435         d. The applicant is a juvenile offender who is in the
 2436  custody or under the supervision of the Department of Juvenile
 2437  Justice, who is receiving services pursuant to s. 985.461, and
 2438  whose identification card is issued by the department’s mobile
 2439  issuing units.
 2440         2. Pursuant to s. 322.051(10), an applicant who is 80 years
 2441  of age or of older and whose driving privilege is denied due to
 2442  failure to pass a vision test administered pursuant to s.
 2443  322.18(5) is exempt from the fee under this paragraph for an
 2444  original identification card.
 2445         3. Funds collected from fees for original, renewal, or
 2446  replacement identification cards shall be distributed as
 2447  follows:
 2448         a. For an original identification card issued pursuant to
 2449  s. 322.051, the fee shall be deposited into the General Revenue
 2450  Fund.
 2451         b. For a renewal identification card issued pursuant to s.
 2452  322.051, $6 shall be deposited into the Highway Safety Operating
 2453  Trust Fund, and $19 shall be deposited into the General Revenue
 2454  Fund.
 2455         c. For a replacement identification card issued pursuant to
 2456  s. 322.051, $9 shall be deposited into the Highway Safety
 2457  Operating Trust Fund, and $16 shall be deposited into the
 2458  General Revenue Fund. Beginning July 1, 2015, or upon completion
 2459  of the transition of the driver license issuance services, if
 2460  the replacement identification card is issued by the tax
 2461  collector, the tax collector shall retain the $9 that would
 2462  otherwise be deposited into the Highway Safety Operating Trust
 2463  Fund and the remaining revenues shall be deposited into the
 2464  General Revenue Fund.
 2465         Reviser’s note.—Amended to confirm an editorial substitution to
 2466         conform to context.
 2467         Section 67. Paragraph (c) of subsection (1) of section
 2468  327.371, Florida Statutes, is amended to read:
 2469         327.371 Human-powered vessels regulated.—
 2470         (1) A person may operate a human-powered vessel within the
 2471  boundaries of the marked channel of the Florida Intracoastal
 2472  Waterway as defined in s. 327.02:
 2473         (c) When participating in practices or competitions for
 2474  interscholastic, intercollegiate, intramural, or club rowing
 2475  teams affiliated with an educational institution identified in
 2476  s. 1000.21, s. 1002.01(2), s. 1003.01(17) 1003.01(2), s.
 2477  1005.02(4), or s. 1005.03(1)(d), if the adjacent area outside of
 2478  the marked channel is not suitable for such practice or
 2479  competition. The teams must use their best efforts to make use
 2480  of the adjacent area outside of the marked channel. The
 2481  commission must be notified in writing of the details of any
 2482  such competition, and the notification must include, but need
 2483  not be limited to, the date, time, and location of the
 2484  competition.
 2485         Reviser’s note.—Amended to conform to the reordering of
 2486         definitions in s. 1003.01 by this act.
 2487         Section 68. Subsection (1) of section 327.4108, Florida
 2488  Statutes, is amended to read:
 2489         327.4108 Anchoring of vessels in anchoring limitation
 2490  areas.—
 2491         (1) The following densely populated urban areas, which have
 2492  narrow state waterways, residential docking facilities, and
 2493  significant recreational boating traffic, are designated as and
 2494  shall be considered to be grandfathered-in anchoring limitation
 2495  areas, within which a person may not anchor a vessel at any time
 2496  during the period between one-half hour after sunset and one
 2497  half hour before sunrise, except as provided in subsections (4)
 2498  and (5) (3) and (4):
 2499         (a) The section of Middle River lying between Northeast
 2500  21st Court and the Intracoastal Waterway in Broward County.
 2501         (b) Sunset Lake in Miami-Dade County.
 2502         (c) The sections of Biscayne Bay in Miami-Dade County lying
 2503  between:
 2504         1. Rivo Alto Island and Di Lido Island.
 2505         2. San Marino Island and San Marco Island.
 2506         3. San Marco Island and Biscayne Island.
 2507         Reviser’s note.—Amended to confirm an editorial substitution to
 2508         conform to the redesignation of subsections by s. 1, ch.
 2509         2021-192, Laws of Florida.
 2510         Section 69. Subsections (18) through (21) of section
 2511  331.303, Florida Statutes, are reordered and amended to read:
 2512         331.303 Definitions.—
 2513         (19)(18) “Spaceport territory” means the geographical area
 2514  designated in s. 331.304 and as amended or changed in accordance
 2515  with s. 331.329.
 2516         (20)(19) “Spaceport user” means any person who uses the
 2517  facilities or services of any spaceport; and, for the purposes
 2518  of any exemptions or rights granted under this act, the
 2519  spaceport user shall be deemed a spaceport user only during the
 2520  time period in which the person has in effect a contract,
 2521  memorandum of understanding, or agreement with the spaceport,
 2522  and such rights and exemptions shall be granted with respect to
 2523  transactions relating only to spaceport projects.
 2524         (21)(20) “Travel expenses” means the actual, necessary, and
 2525  reasonable costs of transportation, meals, lodging, and
 2526  incidental expenses normally incurred by a traveler, which costs
 2527  are defined and prescribed by rules adopted by Space Florida,
 2528  subject to approval by the Chief Financial Officer.
 2529         (18)(21) “Spaceport discretionary capacity improvement
 2530  projects” means capacity improvements that enhance space
 2531  transportation capacity at spaceports that have had one or more
 2532  orbital or suborbital flights during the previous calendar year
 2533  or have an agreement in writing for installation of one or more
 2534  regularly scheduled orbital or suborbital flights upon the
 2535  commitment of funds for stipulated spaceport capital
 2536  improvements.
 2537         Reviser’s note.—Amended to place the definitions in subsections
 2538         (18) through (21) in alphabetical order.
 2539         Section 70. Subsection (1) of section 331.3101, Florida
 2540  Statutes, is amended to read:
 2541         331.3101 Space Florida; travel and entertainment expenses.—
 2542         (1) Notwithstanding the provisions of s. 112.061, Space
 2543  Florida shall adopt rules by which it may make expenditures by
 2544  advancement or reimbursement, or a combination thereof, to Space
 2545  Florida officers and employees; reimburse business clients,
 2546  guests, and authorized persons as defined in s. 112.061(2)(c)
 2547  112.061(2)(e); and make direct payments to third-party vendors:
 2548         (a) For travel expenses of such business clients, guests,
 2549  and authorized persons incurred by Space Florida in connection
 2550  with the performance of its statutory duties, and for travel
 2551  expenses incurred by state officials and state employees while
 2552  accompanying such business clients, guests, or authorized
 2553  persons or when authorized by the board or its designee.
 2554         (b) For entertainment expenses of such guests, business
 2555  clients, and authorized persons incurred by Space Florida in
 2556  connection with the performance of its statutory duties, and for
 2557  entertainment expenses incurred for Space Florida officials and
 2558  employees when such expenses are incurred while in the physical
 2559  presence of such business clients, guests, or authorized
 2560  persons.
 2561         Reviser’s note.—Amended to conform to the reordering of
 2562         definitions in s. 112.061(2) by this act.
 2563         Section 71. Subsection (5) of section 332.0075, Florida
 2564  Statutes, is amended to read:
 2565         332.0075 Commercial service airports; transparency and
 2566  accountability; penalty.—
 2567         (5)(a) Beginning November 1, 2021, and Each November 1
 2568  thereafter, the governing body of each commercial service
 2569  airport shall submit the following information to the
 2570  department:
 2571         1. Its approved budget for the current fiscal year.
 2572         2. Any financial reports submitted to the Federal Aviation
 2573  Administration during the previous calendar year.
 2574         3. A link to its website.
 2575         4. A statement, verified as provided in s. 92.525, that it
 2576  has complied with part III of chapter 112, chapter 287, and this
 2577  section.
 2578         (b) The department shall review the information submitted
 2579  by the governing body of the commercial service airport and
 2580  posted on the airport’s website to determine the accuracy of
 2581  such information. Beginning January 15, 2022, and Each January
 2582  15 thereafter, the department shall submit to the Governor, the
 2583  President of the Senate, and the Speaker of the House of
 2584  Representatives a report summarizing commercial service airport
 2585  compliance with this section.
 2586         Reviser’s note.—Amended to delete obsolete language.
 2587         Section 72. Section 337.023, Florida Statutes, is amended
 2588  to read:
 2589         337.023 Sale of building; acceptance of replacement
 2590  building.—Notwithstanding the provisions of s. 216.292(4)(c)
 2591  216.292(2)(b)2., if the department sells a building, the
 2592  department may accept the construction of a replacement
 2593  building, in response to a request for proposals, totally or
 2594  partially in lieu of cash, and may do so without a specific
 2595  legislative appropriation. Such action is subject to the
 2596  approval of the Executive Office of the Governor, and is subject
 2597  to the notice, review, and objection procedures under s.
 2598  216.177. The replacement building shall be consistent with the
 2599  current and projected needs of the department as agreed upon by
 2600  the department and the Department of Management Services.
 2601         Reviser’s note.—Amended to correct a cross-reference to conform
 2602         to the location of the referenced subject matter at the
 2603         time s. 337.023 was created by s. 51, ch. 97-278, Laws of
 2604         Florida. Section 216.292(4)(b), Florida Statutes 1997,
 2605         related to a request for transfer of excess funds when the
 2606         appropriated money for the named fixed capital outlay
 2607         project was found to be more than needed to complete the
 2608         project. That language is currently found at s.
 2609         216.292(4)(c).
 2610         Section 73. Paragraph (c) of subsection (1) of section
 2611  348.0305, Florida Statutes, is amended to read:
 2612         348.0305 Ethics requirements.—
 2613         (1) Notwithstanding any other provision of law to the
 2614  contrary, members and employees of the agency are subject to
 2615  part III of chapter 112. As used in this section, the term:
 2616         (c) “Lobbyist” means a person who is employed and receives
 2617  payment, or who contracts for economic consideration, to lobby
 2618  or a person who is principally employed for governmental affairs
 2619  by another person or entity to lobby on behalf of such person or
 2620  entity. The term does not include a person who:
 2621         1. Represents a client in a judicial proceeding or in a
 2622  formal administrative proceeding before the agency.
 2623         2. Is an officer or employee of any governmental entity
 2624  acting in the normal course of his or her duties.
 2625         3. Consults under contract with the agency and communicates
 2626  with the agency regarding issues related to the scope of
 2627  services in his or her contract.
 2628         4. Is an expert witness who is retained or employed by an
 2629  employer, principal, or client to provide only scientific,
 2630  technical, or other specialized information provided in agenda
 2631  materials or testimony only in public hearings, provided the
 2632  expert identifies such employer, principal, or client at such
 2633  hearing.
 2634         5. Seeks to procure a contract that is less than $20,000 or
 2635  a contract pursuant to s. 287.056.
 2636         Reviser’s note.—Amended to improve clarity.
 2637         Section 74. Subsection (5) of section 373.0363, Florida
 2638  Statutes, is amended to read:
 2639         373.0363 Southern Water Use Caution Area Recovery
 2640  Strategy.—
 2641         (5) As part of the consolidated annual report required
 2642  pursuant to s. 373.036(7), the district may include:
 2643         (a) A summary of the conditions of the Southern Water Use
 2644  Caution Area, including the status of the components of the
 2645  West-Central Florida Water Restoration Action Plan.
 2646         (b) An annual accounting of the expenditure of funds. The
 2647  accounting must, at a minimum, provide details of expenditures
 2648  separately by plan component and any subparts of a plan
 2649  component, and include specific information about amount and use
 2650  of funds from federal, state, and local government sources. In
 2651  detailing the use of these funds, the district shall indicate
 2652  those funds that are designated to meet requirements for
 2653  matching funds.
 2654         Reviser’s note.—Amended to improve clarity.
 2655         Section 75. Paragraph (b) of subsection (2) of section
 2656  377.814, Florida Statutes, is amended to read:
 2657         377.814 Municipal Solid Waste-to-Energy Program.—
 2658         (2) DEFINITIONS.—For purposes of this section, the term:
 2659         (b) “Municipal solid waste-to-energy facility” means a
 2660  publicly owned facility that uses an enclosed device using
 2661  controlled combustion to thermally break down solid waste to an
 2662  ash residue that contains little or no combustible material and
 2663  that produces electricity, steam, or other energy as a result.
 2664  The term does not include facilities that primarily burn fuels
 2665  other than solid waste even if such facilities also burn some
 2666  solid waste as a fuel supplement. The term also does not include
 2667  facilities that primarily burn vegetative, agricultural, or
 2668  silvicultural wastes, bagasse, clean dry wood, methane or other
 2669  landfill gas, wood fuel derived from construction or demolition
 2670  debris, or waste tires, alone or in combination with fossil
 2671  fuels.
 2672         Reviser’s note.—Amended to confirm an editorial insertion to
 2673         improve clarity.
 2674         Section 76. Paragraph (d) of subsection (2) of section
 2675  379.2273, Florida Statutes, is amended to read:
 2676         379.2273 Florida Red Tide Mitigation and Technology
 2677  Development Initiative; Initiative Technology Advisory Council.—
 2678         (2) The Florida Red Tide Mitigation and Technology
 2679  Development Initiative is established as a partnership between
 2680  the Fish and Wildlife Research Institute within the commission
 2681  and Mote Marine Laboratory.
 2682         (d) Beginning January 15, 2021, and Each January 15
 2683  thereafter until its expiration, the initiative shall submit a
 2684  report that contains an overview of its accomplishments to date
 2685  and priorities for subsequent years to the Governor, the
 2686  President of the Senate, the Speaker of the House of
 2687  Representatives, the Secretary of Environmental Protection, and
 2688  the executive director of the Fish and Wildlife Conservation
 2689  Commission.
 2690         Reviser’s note.—Amended to delete obsolete language.
 2691         Section 77. Paragraph (c) of subsection (1) of section
 2692  381.00319, Florida Statutes, is amended to read:
 2693         381.00319 Prohibition on COVID-19 vaccination mandates for
 2694  students.—
 2695         (1) For purposes of this section, the term:
 2696         (c) “Parent” has the same meaning as in s. 1000.21(6)
 2697  1000.21(5).
 2698         Reviser’s note.—Amended to conform to the reordering of
 2699         definitions in s. 1000.21 by this act.
 2700         Section 78. Paragraph (e) of subsection (4) of section
 2701  381.0065, Florida Statutes, is amended to read:
 2702         381.0065 Onsite sewage treatment and disposal systems;
 2703  regulation.—
 2704         (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
 2705  construct, repair, modify, abandon, or operate an onsite sewage
 2706  treatment and disposal system without first obtaining a permit
 2707  approved by the department. The department may issue permits to
 2708  carry out this section, except that the issuance of a permit for
 2709  work seaward of the coastal construction control line
 2710  established under s. 161.053 shall be contingent upon receipt of
 2711  any required coastal construction control line permit from the
 2712  department. A construction permit is valid for 18 months after
 2713  the date of issuance and may be extended by the department for
 2714  one 90-day period under rules adopted by the department. A
 2715  repair permit is valid for 90 days after the date of issuance.
 2716  An operating permit must be obtained before the use of any
 2717  aerobic treatment unit or if the establishment generates
 2718  commercial waste. Buildings or establishments that use an
 2719  aerobic treatment unit or generate commercial waste shall be
 2720  inspected by the department at least annually to assure
 2721  compliance with the terms of the operating permit. The operating
 2722  permit for a commercial wastewater system is valid for 1 year
 2723  after the date of issuance and must be renewed annually. The
 2724  operating permit for an aerobic treatment unit is valid for 2
 2725  years after the date of issuance and must be renewed every 2
 2726  years. If all information pertaining to the siting, location,
 2727  and installation conditions or repair of an onsite sewage
 2728  treatment and disposal system remains the same, a construction
 2729  or repair permit for the onsite sewage treatment and disposal
 2730  system may be transferred to another person, if the transferee
 2731  files, within 60 days after the transfer of ownership, an
 2732  amended application providing all corrected information and
 2733  proof of ownership of the property. A fee is not associated with
 2734  the processing of this supplemental information. A person may
 2735  not contract to construct, modify, alter, repair, service,
 2736  abandon, or maintain any portion of an onsite sewage treatment
 2737  and disposal system without being registered under part III of
 2738  chapter 489. A property owner who personally performs
 2739  construction, maintenance, or repairs to a system serving his or
 2740  her own owner-occupied single-family residence is exempt from
 2741  registration requirements for performing such construction,
 2742  maintenance, or repairs on that residence, but is subject to all
 2743  permitting requirements. A municipality or political subdivision
 2744  of the state may not issue a building or plumbing permit for any
 2745  building that requires the use of an onsite sewage treatment and
 2746  disposal system unless the owner or builder has received a
 2747  construction permit for such system from the department. A
 2748  building or structure may not be occupied and a municipality,
 2749  political subdivision, or any state or federal agency may not
 2750  authorize occupancy until the department approves the final
 2751  installation of the onsite sewage treatment and disposal system.
 2752  A municipality or political subdivision of the state may not
 2753  approve any change in occupancy or tenancy of a building that
 2754  uses an onsite sewage treatment and disposal system until the
 2755  department has reviewed the use of the system with the proposed
 2756  change, approved the change, and amended the operating permit.
 2757         (e) The department shall adopt rules relating to the
 2758  location of onsite sewage treatment and disposal systems,
 2759  including establishing setback distances, to prevent groundwater
 2760  contamination and surface water contamination and to preserve
 2761  the public health. The rulemaking process for such rules must be
 2762  completed by July 1, 2022, and the department shall notify the
 2763  Division of Law Revision of the date such rules take effect. The
 2764  rules must consider conventional and enhanced nutrient-reducing
 2765  onsite sewage treatment and disposal system designs, impaired or
 2766  degraded water bodies, domestic wastewater and drinking water
 2767  infrastructure, potable water sources, nonpotable wells,
 2768  stormwater infrastructure, the onsite sewage treatment and
 2769  disposal system remediation plans developed pursuant to s.
 2770  403.067(7)(a)9.b., nutrient pollution, and the recommendations
 2771  of the onsite sewage treatment and disposal systems technical
 2772  advisory committee established pursuant to s. 381.00652. The
 2773  rules must also allow a person to apply for and receive a
 2774  variance from a rule requirement upon demonstration that the
 2775  requirement would cause an undue hardship and granting the
 2776  variance would not cause or contribute to the exceedance of a
 2777  total maximum daily load.
 2778         Reviser’s note.—Amended to confirm the deletion of obsolete
 2779         language to conform to the Department of Environmental
 2780         Protection’s notification to the Division of Law Revision
 2781         that the rules became effective June 21, 2022.
 2782         Section 79. Paragraph (k) of subsection (3) of section
 2783  383.145, Florida Statutes, is amended to read:
 2784         383.145 Newborn and infant hearing screening.—
 2785         (3) REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE
 2786  COVERAGE; REFERRAL FOR ONGOING SERVICES.—
 2787         (k) The initial procedure for screening the hearing of the
 2788  newborn or infant and any medically necessary follow-up
 2789  reevaluations leading to diagnosis shall be a covered benefit
 2790  for Medicaid patients covered by a fee-for-service program. For
 2791  Medicaid patients enrolled in HMOs, providers shall be
 2792  reimbursed directly by the Medicaid Program Office at the
 2793  Medicaid rate. This service may not be considered a covered
 2794  service for the purposes of establishing the payment rate for
 2795  Medicaid HMOs. All health insurance policies and health
 2796  maintenance organizations as provided under ss. 627.6416,
 2797  627.6579, and 641.31(30), except for supplemental policies that
 2798  only provide coverage for specific diseases, hospital indemnity,
 2799  or Medicare supplement, or to the supplemental policies polices,
 2800  shall compensate providers for the covered benefit at the
 2801  contracted rate. Nonhospital-based providers are eligible to
 2802  bill Medicaid for the professional and technical component of
 2803  each procedure code.
 2804         Reviser’s note.—Amended to confirm an editorial substitution to
 2805         conform to context.
 2806         Section 80. Section 394.4573, Florida Statutes, is amended
 2807  to read:
 2808         394.4573 Coordinated system of care; annual assessment;
 2809  essential elements; measures of performance; system improvement
 2810  grants; reports.—On or before December 1 of each year, the
 2811  department shall submit to the Governor, the President of the
 2812  Senate, and the Speaker of the House of Representatives an
 2813  assessment of the behavioral health services in this state. The
 2814  assessment shall consider, at a minimum, the extent to which
 2815  designated receiving systems function as no-wrong-door models,
 2816  the availability of treatment and recovery services that use
 2817  recovery-oriented and peer-involved approaches, the availability
 2818  of less-restrictive services, and the use of evidence-informed
 2819  practices. The assessment shall also consider the availability
 2820  of and access to coordinated specialty care programs and
 2821  identify any gaps in the availability of and access to such
 2822  programs in the state. The department’s assessment shall
 2823  consider, at a minimum, the needs assessments conducted by the
 2824  managing entities pursuant to s. 394.9082(5). Beginning in 2017,
 2825  The department shall compile and include in the report all plans
 2826  submitted by managing entities pursuant to s. 394.9082(8) and
 2827  the department’s evaluation of each plan.
 2828         (1) As used in this section:
 2829         (a) “Care coordination” means the implementation of
 2830  deliberate and planned organizational relationships and service
 2831  procedures that improve the effectiveness and efficiency of the
 2832  behavioral health system by engaging in purposeful interactions
 2833  with individuals who are not yet effectively connected with
 2834  services to ensure service linkage. Examples of care
 2835  coordination activities include development of referral
 2836  agreements, shared protocols, and information exchange
 2837  procedures. The purpose of care coordination is to enhance the
 2838  delivery of treatment services and recovery supports and to
 2839  improve outcomes among priority populations.
 2840         (b) “Case management” means those direct services provided
 2841  to a client in order to assess his or her needs, plan or arrange
 2842  services, coordinate service providers, link the service system
 2843  to a client, monitor service delivery, and evaluate patient
 2844  outcomes to ensure the client is receiving the appropriate
 2845  services.
 2846         (c) “Coordinated system of care” means the full array of
 2847  behavioral and related services in a region or community offered
 2848  by all service providers, whether participating under contract
 2849  with the managing entity or by another method of community
 2850  partnership or mutual agreement.
 2851         (d) “No-wrong-door model” means a model for the delivery of
 2852  acute care services to persons who have mental health or
 2853  substance use disorders, or both, which optimizes access to
 2854  care, regardless of the entry point to the behavioral health
 2855  care system.
 2856         (2) The essential elements of a coordinated system of care
 2857  include:
 2858         (a) Community interventions, such as prevention, primary
 2859  care for behavioral health needs, therapeutic and supportive
 2860  services, crisis response services, and diversion programs.
 2861         (b) A designated receiving system that consists of one or
 2862  more facilities serving a defined geographic area and
 2863  responsible for assessment and evaluation, both voluntary and
 2864  involuntary, and treatment or triage of patients who have a
 2865  mental health or substance use disorder, or co-occurring
 2866  disorders.
 2867         1. A county or several counties shall plan the designated
 2868  receiving system using a process that includes the managing
 2869  entity and is open to participation by individuals with
 2870  behavioral health needs and their families, service providers,
 2871  law enforcement agencies, and other parties. The county or
 2872  counties, in collaboration with the managing entity, shall
 2873  document the designated receiving system through written
 2874  memoranda of agreement or other binding arrangements. The county
 2875  or counties and the managing entity shall complete the plan and
 2876  implement the designated receiving system by July 1, 2017, and
 2877  the county or counties and the managing entity shall review and
 2878  update, as necessary, the designated receiving system at least
 2879  once every 3 years.
 2880         2. To the extent permitted by available resources, the
 2881  designated receiving system shall function as a no-wrong-door
 2882  model. The designated receiving system may be organized in any
 2883  manner which functions as a no-wrong-door model that responds to
 2884  individual needs and integrates services among various
 2885  providers. Such models include, but are not limited to:
 2886         a. A central receiving system that consists of a designated
 2887  central receiving facility that serves as a single entry point
 2888  for persons with mental health or substance use disorders, or
 2889  co-occurring disorders. The central receiving facility shall be
 2890  capable of assessment, evaluation, and triage or treatment or
 2891  stabilization of persons with mental health or substance use
 2892  disorders, or co-occurring disorders.
 2893         b. A coordinated receiving system that consists of multiple
 2894  entry points that are linked by shared data systems, formal
 2895  referral agreements, and cooperative arrangements for care
 2896  coordination and case management. Each entry point shall be a
 2897  designated receiving facility and shall, within existing
 2898  resources, provide or arrange for necessary services following
 2899  an initial assessment and evaluation.
 2900         c. A tiered receiving system that consists of multiple
 2901  entry points, some of which offer only specialized or limited
 2902  services. Each service provider shall be classified according to
 2903  its capabilities as either a designated receiving facility or
 2904  another type of service provider, such as a triage center, a
 2905  licensed detoxification facility, or an access center. All
 2906  participating service providers shall, within existing
 2907  resources, be linked by methods to share data, formal referral
 2908  agreements, and cooperative arrangements for care coordination
 2909  and case management.
 2910  
 2911  An accurate inventory of the participating service providers
 2912  which specifies the capabilities and limitations of each
 2913  provider and its ability to accept patients under the designated
 2914  receiving system agreements and the transportation plan
 2915  developed pursuant to this section shall be maintained and made
 2916  available at all times to all first responders in the service
 2917  area.
 2918         (c) Transportation in accordance with a plan developed
 2919  under s. 394.462.
 2920         (d) Crisis services, including mobile response teams,
 2921  crisis stabilization units, addiction receiving facilities, and
 2922  detoxification facilities.
 2923         (e) Case management. Each case manager or person directly
 2924  supervising a case manager who provides Medicaid-funded targeted
 2925  case management services shall hold a valid certification from a
 2926  department-approved credentialing entity as defined in s.
 2927  397.311(10) by July 1, 2017, and, thereafter, within 6 months
 2928  after hire.
 2929         (f) Care coordination that involves coordination with other
 2930  local systems and entities, public and private, which are
 2931  involved with the individual, such as primary care, child
 2932  welfare, behavioral health care, and criminal and juvenile
 2933  justice organizations.
 2934         (g) Outpatient services.
 2935         (h) Residential services.
 2936         (i) Hospital inpatient care.
 2937         (j) Aftercare and other postdischarge services.
 2938         (k) Medication-assisted treatment and medication
 2939  management.
 2940         (l) Recovery support, including, but not limited to, the
 2941  use of peer specialists to assist in the individual’s recovery
 2942  from a substance use disorder or mental illness; support for
 2943  competitive employment, educational attainment, independent
 2944  living skills development, family support and education,
 2945  wellness management, and self-care; and assistance in obtaining
 2946  housing that meets the individual’s needs. Such housing may
 2947  include mental health residential treatment facilities, limited
 2948  mental health assisted living facilities, adult family care
 2949  homes, and supportive housing. Housing provided using state
 2950  funds must provide a safe and decent environment free from abuse
 2951  and neglect.
 2952         (m) Care plans shall assign specific responsibility for
 2953  initial and ongoing evaluation of the supervision and support
 2954  needs of the individual and the identification of housing that
 2955  meets such needs. For purposes of this paragraph, the term
 2956  “supervision” means oversight of and assistance with compliance
 2957  with the clinical aspects of an individual’s care plan.
 2958         (n) Coordinated specialty care programs.
 2959         (3) Subject to a specific appropriation by the Legislature,
 2960  the department may award system improvement grants to managing
 2961  entities based on a detailed plan to enhance services in
 2962  accordance with the no-wrong-door model as defined in subsection
 2963  (1) and to address specific needs identified in the assessment
 2964  prepared by the department pursuant to this section. Such a
 2965  grant must be awarded through a performance-based contract that
 2966  links payments to the documented and measurable achievement of
 2967  system improvements.
 2968         Reviser’s note.—Amended to delete obsolete language.
 2969         Section 81. Paragraph (d) of subsection (5) of section
 2970  394.459, Florida Statutes, is amended to read:
 2971         394.459 Rights of patients.—
 2972         (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
 2973         (d) If a patient’s right to communicate with outside
 2974  persons; receive, send, or mail sealed, unopened correspondence;
 2975  or receive visitors is restricted by the facility, written
 2976  notice of such restriction and the reasons for the restriction
 2977  shall be served on the patient, the patient’s attorney, and the
 2978  patient’s guardian, guardian advocate, or representative.; A
 2979  qualified professional must document any restriction within 24
 2980  hours, and such restriction shall be recorded on the patient’s
 2981  clinical record with the reasons therefor. The restriction of a
 2982  patient’s right to communicate or to receive visitors shall be
 2983  reviewed at least every 3 days. The right to communicate or
 2984  receive visitors shall not be restricted as a means of
 2985  punishment. Nothing in this paragraph shall be construed to
 2986  limit the provisions of paragraph (e).
 2987         Reviser’s note.—Amended to improve sentence structure.
 2988         Section 82. Subsection (1) of section 394.9086, Florida
 2989  Statutes, is amended to read:
 2990         394.9086 Commission on Mental Health and Substance Abuse.—
 2991         (1) CREATION.—The Commission on Mental Health and Substance
 2992  Abuse, a commission as defined in s. 20.03(4) 20.03(10), is
 2993  created adjunct to the department. The department shall provide
 2994  administrative and staff support services relating to the
 2995  functions of the commission.
 2996         Reviser’s note.—Amended to conform to the reordering of
 2997         definitions in s. 20.03 by this act.
 2998         Section 83. Subsection (2) and paragraph (d) of subsection
 2999  (3) of section 395.1041, Florida Statutes, are amended to read:
 3000         395.1041 Access to and ensurance of emergency services;
 3001  transfers; patient rights; diversion programs; reports of
 3002  controlled substance overdoses.—
 3003         (2) INVENTORY OF HOSPITAL EMERGENCY SERVICES.—The agency
 3004  shall establish and maintain an inventory of hospitals with
 3005  emergency services. The inventory shall list all services within
 3006  the service capability of the hospital, and such services shall
 3007  appear on the face of the hospital license. Each hospital having
 3008  emergency services shall notify the agency of its service
 3009  capability in the manner and form prescribed by the agency. The
 3010  agency shall use the inventory to assist emergency medical
 3011  services providers and others in locating appropriate emergency
 3012  medical care. The inventory shall also be made available to the
 3013  general public. On or before August 1, 1992, the agency shall
 3014  request that each hospital identify the services which are
 3015  within its service capability. On or before November 1, 1992,
 3016  the agency shall notify each hospital of the service capability
 3017  to be included in the inventory. The hospital has 15 days from
 3018  the date of receipt to respond to the notice. By December 1,
 3019  1992, the agency shall publish a final inventory. Each hospital
 3020  shall reaffirm its service capability when its license is
 3021  renewed and shall notify the agency of the addition of a new
 3022  service or the termination of a service prior to a change in its
 3023  service capability.
 3024         (3) EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF
 3025  FACILITY OR HEALTH CARE PERSONNEL.—
 3026         (d)1. Every hospital shall ensure the provision of services
 3027  within the service capability of the hospital, at all times,
 3028  either directly or indirectly through an arrangement with
 3029  another hospital, through an arrangement with one or more
 3030  physicians, or as otherwise made through prior arrangements. A
 3031  hospital may enter into an agreement with another hospital for
 3032  purposes of meeting its service capability requirement, and
 3033  appropriate compensation or other reasonable conditions may be
 3034  negotiated for these backup services.
 3035         2. If any arrangement requires the provision of emergency
 3036  medical transportation, such arrangement must be made in
 3037  consultation with the applicable provider and may not require
 3038  the emergency medical service provider to provide transportation
 3039  that is outside the routine service area of that provider or in
 3040  a manner that impairs the ability of the emergency medical
 3041  service provider to timely respond to prehospital emergency
 3042  calls.
 3043         3. A hospital shall not be required to ensure service
 3044  capability at all times as required in subparagraph 1. if, prior
 3045  to the receiving of any patient needing such service capability,
 3046  such hospital has demonstrated to the agency that it lacks the
 3047  ability to ensure such capability and it has exhausted all
 3048  reasonable efforts to ensure such capability through backup
 3049  arrangements. In reviewing a hospital’s demonstration of lack of
 3050  ability to ensure service capability, the agency shall consider
 3051  factors relevant to the particular case, including the
 3052  following:
 3053         a. Number and proximity of hospitals with the same service
 3054  capability.
 3055         b. Number, type, credentials, and privileges of
 3056  specialists.
 3057         c. Frequency of procedures.
 3058         d. Size of hospital.
 3059         4. The agency shall publish proposed rules implementing a
 3060  reasonable exemption procedure by November 1, 1992. Subparagraph
 3061  1. shall become effective upon the effective date of said rules
 3062  or January 31, 1993, whichever is earlier. For a period not to
 3063  exceed 1 year from the effective date of subparagraph 1., a
 3064  hospital requesting an exemption shall be deemed to be exempt
 3065  from offering the service until the agency initially acts to
 3066  deny or grant the original request. The agency has 45 days from
 3067  the date of receipt of the request to approve or deny the
 3068  request. After the first year from the effective date of
 3069  subparagraph 1., if the agency fails to initially act within the
 3070  time period, the hospital is deemed to be exempt from offering
 3071  the service until the agency initially acts to deny the request.
 3072         Reviser’s note.—Amended to delete obsolete language.
 3073         Section 84. Subsection (5) of section 395.1065, Florida
 3074  Statutes, is amended to read:
 3075         395.1065 Criminal and administrative penalties;
 3076  moratorium.—
 3077         (5) The agency shall impose a fine of $500 for each
 3078  instance of the facility’s failure to provide the information
 3079  required by rules adopted pursuant to s. 395.1055(1)(g)
 3080  395.1055(1)(f).
 3081         Reviser’s note.—Amended to correct an erroneous cross-reference
 3082         in the amendment by s. 15, ch. 2022-5, Laws of Florida.
 3083         Section 85. Paragraph (r) of subsection (1) of section
 3084  400.141, Florida Statutes, is amended to read:
 3085         400.141 Administration and management of nursing home
 3086  facilities.—
 3087         (1) Every licensed facility shall comply with all
 3088  applicable standards and rules of the agency and shall:
 3089         (r) Maintain in the medical record for each resident a
 3090  daily chart of direct care services provided to the resident.
 3091  The direct care staff caring for the resident must complete this
 3092  record by the end of his or her shift. This record must indicate
 3093  assistance with activities of daily living, assistance with
 3094  eating, and assistance with drinking, and must record each
 3095  offering of nutrition and hydration for those residents whose
 3096  plan of care or assessment indicates a risk for malnutrition or
 3097  dehydration.
 3098         Reviser’s note.—Amended to confirm the editorial reinsertion of
 3099         the word “and,” which was deleted as part of the amendment
 3100         by s. 5, ch. 2022-61, Laws of Florida, for clarity.
 3101         Section 86. Subsection (20) of section 401.23, Florida
 3102  Statutes, is amended to read:
 3103         401.23 Definitions.—As used in this part, the term:
 3104         (20) “Physician” means a practitioner who is licensed under
 3105  the provisions of chapter 458 or chapter 459. For the purpose of
 3106  providing medical direction subsection (14) for the treatment of
 3107  patients immediately before or during transportation to a United
 3108  States Department of Veterans Affairs medical facility,
 3109  “physician” also means a practitioner employed by the United
 3110  States Department of Veterans Affairs.
 3111         Reviser’s note.—Amended to confirm an editorial deletion to
 3112         correct an apparent coding error in s. 1, ch. 2022-35, Laws
 3113         of Florida.
 3114         Section 87. Paragraph (c) of subsection (3) of section
 3115  409.1465, Florida Statutes, is amended to read:
 3116         409.1465 Grants to address the needs of fathers.—
 3117         (3) The department shall prioritize applicants for a grant
 3118  specified under subsection (2) based on:
 3119         (c) Applicant involvement, current and historical,
 3120  involvement in the community being served.
 3121         Reviser’s note.—Amended to improve clarity.
 3122         Section 88. Paragraph (b) of subsection (7) of section
 3123  409.147, Florida Statutes, is amended to read:
 3124         409.147 Children’s initiatives.—
 3125         (7) CHILDREN’S INITIATIVE CORPORATION.—
 3126         (b) The Ounce of Prevention must provide technical
 3127  assistance to the corporation to facilitate achievement of the
 3128  plans created under subsection (6).
 3129         Reviser’s note.—Amended to confirm an editorial deletion to
 3130         conform to paragraph (3)(b) of this section, which defines
 3131         the term “Ounce” as meaning the Ounce of Prevention Fund of
 3132         Florida, Inc.
 3133         Section 89. Subsection (2) of section 409.1664, Florida
 3134  Statutes, is amended to read:
 3135         409.1664 Adoption benefits for qualifying adoptive
 3136  employees of state agencies, veterans, servicemembers, and law
 3137  enforcement officers.—
 3138         (2) A qualifying adoptive employee, veteran, or
 3139  servicemember who adopts a child within the child welfare system
 3140  who is difficult to place as described in s. 409.166(2)(d)2. is
 3141  eligible to receive a lump-sum monetary benefit in the amount of
 3142  $10,000 per such child, subject to applicable taxes. A law
 3143  enforcement officer who adopts a child within the child welfare
 3144  system who is difficult to place as has special needs described
 3145  in s. 409.166(2)(d)2. 409.166(2)(a)2. is eligible to receive a
 3146  lump-sum monetary benefit in the amount of $25,000 per such
 3147  child, subject to applicable taxes. A qualifying adoptive
 3148  employee, veteran, or servicemember who adopts a child within
 3149  the child welfare system who is not difficult to place as
 3150  described in s. 409.166(2)(d)2. is eligible to receive a lump
 3151  sum monetary benefit in the amount of $5,000 per such child,
 3152  subject to applicable taxes. A law enforcement officer who
 3153  adopts a child within the child welfare system who is not
 3154  difficult to place as does not have special needs described in
 3155  s. 409.166(2)(d)2. 409.166(2)(a)2. is eligible to receive a
 3156  lump-sum monetary benefit in the amount of $10,000 per each such
 3157  child, subject to applicable taxes. A qualifying adoptive
 3158  employee of a charter school or the Florida Virtual School may
 3159  retroactively apply for the monetary benefit provided in this
 3160  subsection if such employee was employed by a charter school or
 3161  the Florida Virtual School when he or she adopted a child within
 3162  the child welfare system pursuant to chapter 63 on or after July
 3163  1, 2015. A veteran or servicemember may apply for the monetary
 3164  benefit provided in this subsection if he or she is domiciled in
 3165  this state and adopts a child within the child welfare system
 3166  pursuant to chapter 63 on or after July 1, 2020. A law
 3167  enforcement officer may apply for the monetary benefit provided
 3168  in this subsection if he or she is domiciled in this state and
 3169  adopts a child within the child welfare system pursuant to
 3170  chapter 63 on or after July 1, 2022.
 3171         (a) Benefits paid to a qualifying adoptive employee who is
 3172  a part-time employee must be prorated based on the qualifying
 3173  adoptive employee’s full-time equivalency at the time of
 3174  applying for the benefits.
 3175         (b) Monetary benefits awarded under this subsection are
 3176  limited to one award per adopted child within the child welfare
 3177  system.
 3178         (c) The payment of a lump-sum monetary benefit for adopting
 3179  a child within the child welfare system under this section is
 3180  subject to a specific appropriation to the department for such
 3181  purpose.
 3182         Reviser’s note.—Amended to confirm editorial substitutions
 3183         required to compile amendments by s. 3, ch. 2022-23, Laws
 3184         of Florida, and s. 5, ch. 2022-55, Laws of Florida.
 3185         Section 90. Subsections (3) and (4) of section 409.2557,
 3186  Florida Statutes, are amended to read:
 3187         409.2557 State agency for administering child support
 3188  enforcement program.—
 3189         (3) SPECIFIC RULEMAKING AUTHORITY.—The department has the
 3190  authority to adopt rules pursuant to ss. 120.536(1) and 120.54
 3191  to implement all laws administered by the department in its
 3192  capacity as the Title IV-D agency for this state including, but
 3193  not limited to, the following:
 3194         (a) Background screening of department employees and
 3195  applicants, including criminal records checks;
 3196         (b) Confidentiality and retention of department records;
 3197  access to records; record requests;
 3198         (c) Department trust funds;
 3199         (d) Federal funding procedures;
 3200         (e) Agreements with law enforcement and other state
 3201  agencies; National Crime Information Center (NCIC) access;
 3202  Parent Locator Service access;
 3203         (f) Written agreements entered into between the department
 3204  and support obligors in establishment, enforcement, and
 3205  modification proceedings;
 3206         (g) Procurement of services by the department, pilot
 3207  programs, and demonstration projects;
 3208         (h) Management of cases by the department involving any
 3209  documentation or procedures required by federal or state law,
 3210  including, but not limited to, cooperation; review and
 3211  adjustment; audits; interstate actions; diligent efforts for
 3212  service of process;
 3213         (i) Department procedures for orders for genetic testing;
 3214  subpoenas to establish, enforce, or modify orders; increasing
 3215  the amount of monthly obligations to secure delinquent support;
 3216  suspending or denying driver and professional licenses and
 3217  certificates; fishing and hunting license suspensions;
 3218  suspending vehicle and vessel registrations; screening
 3219  applicants for new or renewal licenses, registrations, or
 3220  certificates; income deduction; credit reporting and accessing;
 3221  tax refund intercepts; passport denials; liens; financial
 3222  institution data matches; expedited procedures; medical support;
 3223  and all other responsibilities of the department as required by
 3224  state or federal law;
 3225         (j) Collection and disbursement of support and alimony
 3226  payments by the department as required by federal law;
 3227  collection of genetic testing costs and other costs awarded by
 3228  the court;
 3229         (k) Report information to and receive information from
 3230  other agencies and entities;
 3231         (l) Provide location services, including accessing from and
 3232  reporting to federal and state agencies;
 3233         (m) Privatizing location, establishment, enforcement,
 3234  modification, and other functions;
 3235         (n) State case registry;
 3236         (o) State disbursement unit;
 3237         (p) Administrative proceedings to establish paternity or
 3238  establish paternity and child support, orders to appear for
 3239  genetic testing, and administrative proceedings to establish
 3240  child support obligations; and
 3241         (q) All other responsibilities of the department as
 3242  required by state or federal law.
 3243         (4) The department shall establish on its website a
 3244  dedicated web page that provides information to obligors who
 3245  have difficulty paying child support due to economic hardship.
 3246  There must be a link to such web page on the main child support
 3247  web page. The web page must be in plain language and include, at
 3248  a minimum, information on how an obligor can modify a child
 3249  support order, information on how to access services from
 3250  CareerSource Florida, Inc., and the organizations awarded grants
 3251  under s. 409.25996, and a link to the website for CareerSource
 3252  Florida, Inc.
 3253         Reviser’s note.—Subsection (3) is amended to conform to the fact
 3254         that all other subsections in s. 409.2557 do not have
 3255         subsection catchlines. Subsection (4) is amended to confirm
 3256         the editorial insertion of the word “Inc.” to conform to
 3257         the full name of the corporation.
 3258         Section 91. Paragraph (c) of subsection (9) of section
 3259  409.2564, Florida Statutes, is amended to read:
 3260         409.2564 Actions for support.—
 3261         (9)
 3262         (c) All written notices provided to an obligor regarding
 3263  delinquent support must include information on how the obligor
 3264  can access the web page required under s. 409.2557(4) and how to
 3265  access services through CareerSource Florida, Inc., and the
 3266  organizations that are awarded grants under s. 409.25996.
 3267         Reviser’s note.—Amended to confirm the editorial insertion of
 3268         the word “Inc.” to conform to the full name of the
 3269         corporation.
 3270         Section 92. Paragraph (a) of subsection (5) of section
 3271  409.912, Florida Statutes, is amended to read:
 3272         409.912 Cost-effective purchasing of health care.—The
 3273  agency shall purchase goods and services for Medicaid recipients
 3274  in the most cost-effective manner consistent with the delivery
 3275  of quality medical care. To ensure that medical services are
 3276  effectively utilized, the agency may, in any case, require a
 3277  confirmation or second physician’s opinion of the correct
 3278  diagnosis for purposes of authorizing future services under the
 3279  Medicaid program. This section does not restrict access to
 3280  emergency services or poststabilization care services as defined
 3281  in 42 C.F.R. s. 438.114. Such confirmation or second opinion
 3282  shall be rendered in a manner approved by the agency. The agency
 3283  shall maximize the use of prepaid per capita and prepaid
 3284  aggregate fixed-sum basis services when appropriate and other
 3285  alternative service delivery and reimbursement methodologies,
 3286  including competitive bidding pursuant to s. 287.057, designed
 3287  to facilitate the cost-effective purchase of a case-managed
 3288  continuum of care. The agency shall also require providers to
 3289  minimize the exposure of recipients to the need for acute
 3290  inpatient, custodial, and other institutional care and the
 3291  inappropriate or unnecessary use of high-cost services. The
 3292  agency shall contract with a vendor to monitor and evaluate the
 3293  clinical practice patterns of providers in order to identify
 3294  trends that are outside the normal practice patterns of a
 3295  provider’s professional peers or the national guidelines of a
 3296  provider’s professional association. The vendor must be able to
 3297  provide information and counseling to a provider whose practice
 3298  patterns are outside the norms, in consultation with the agency,
 3299  to improve patient care and reduce inappropriate utilization.
 3300  The agency may mandate prior authorization, drug therapy
 3301  management, or disease management participation for certain
 3302  populations of Medicaid beneficiaries, certain drug classes, or
 3303  particular drugs to prevent fraud, abuse, overuse, and possible
 3304  dangerous drug interactions. The Pharmaceutical and Therapeutics
 3305  Committee shall make recommendations to the agency on drugs for
 3306  which prior authorization is required. The agency shall inform
 3307  the Pharmaceutical and Therapeutics Committee of its decisions
 3308  regarding drugs subject to prior authorization. The agency is
 3309  authorized to limit the entities it contracts with or enrolls as
 3310  Medicaid providers by developing a provider network through
 3311  provider credentialing. The agency may competitively bid single
 3312  source-provider contracts if procurement of goods or services
 3313  results in demonstrated cost savings to the state without
 3314  limiting access to care. The agency may limit its network based
 3315  on the assessment of beneficiary access to care, provider
 3316  availability, provider quality standards, time and distance
 3317  standards for access to care, the cultural competence of the
 3318  provider network, demographic characteristics of Medicaid
 3319  beneficiaries, practice and provider-to-beneficiary standards,
 3320  appointment wait times, beneficiary use of services, provider
 3321  turnover, provider profiling, provider licensure history,
 3322  previous program integrity investigations and findings, peer
 3323  review, provider Medicaid policy and billing compliance records,
 3324  clinical and medical record audits, and other factors. Providers
 3325  are not entitled to enrollment in the Medicaid provider network.
 3326  The agency shall determine instances in which allowing Medicaid
 3327  beneficiaries to purchase durable medical equipment and other
 3328  goods is less expensive to the Medicaid program than long-term
 3329  rental of the equipment or goods. The agency may establish rules
 3330  to facilitate purchases in lieu of long-term rentals in order to
 3331  protect against fraud and abuse in the Medicaid program as
 3332  defined in s. 409.913. The agency may seek federal waivers
 3333  necessary to administer these policies.
 3334         (5)(a) The agency shall implement a Medicaid prescribed
 3335  drug spending-control program that includes the following
 3336  components:
 3337         1. A Medicaid preferred drug list, which shall be a listing
 3338  of cost-effective therapeutic options recommended by the
 3339  Medicaid Pharmacy and Therapeutics Committee established
 3340  pursuant to s. 409.91195 and adopted by the agency for each
 3341  therapeutic class on the preferred drug list. At the discretion
 3342  of the committee, and when feasible, the preferred drug list
 3343  should include at least two products in a therapeutic class. The
 3344  agency may post the preferred drug list and updates to the list
 3345  on an Internet website without following the rulemaking
 3346  procedures of chapter 120. Antiretroviral agents are excluded
 3347  from the preferred drug list. The agency shall also limit the
 3348  amount of a prescribed drug dispensed to no more than a 34-day
 3349  supply unless the drug products’ smallest marketed package is
 3350  greater than a 34-day supply, or the drug is determined by the
 3351  agency to be a maintenance drug in which case a 100-day maximum
 3352  supply may be authorized. The agency may seek any federal
 3353  waivers necessary to implement these cost-control programs and
 3354  to continue participation in the federal Medicaid rebate
 3355  program, or alternatively to negotiate state-only manufacturer
 3356  rebates. The agency may adopt rules to administer this
 3357  subparagraph. The agency shall continue to provide unlimited
 3358  contraceptive drugs and items. The agency must establish
 3359  procedures to ensure that:
 3360         a. There is a response to a request for prior authorization
 3361  by telephone or other telecommunication device within 24 hours
 3362  after receipt of a request for prior authorization; and
 3363         b. A 72-hour supply of the drug prescribed is provided in
 3364  an emergency or when the agency does not provide a response
 3365  within 24 hours as required by sub-subparagraph a.
 3366         2. A provider of prescribed drugs is reimbursed in an
 3367  amount not to exceed the lesser of the actual acquisition cost
 3368  based on the Centers for Medicare and Medicaid Services National
 3369  Average Drug Acquisition Cost pricing files plus a professional
 3370  dispensing fee, the wholesale acquisition cost plus a
 3371  professional dispensing fee, the state maximum allowable cost
 3372  plus a professional dispensing fee, or the usual and customary
 3373  charge billed by the provider.
 3374         3. The agency shall develop and implement a process for
 3375  managing the drug therapies of Medicaid recipients who are using
 3376  significant numbers of prescribed drugs each month. The
 3377  management process may include, but is not limited to,
 3378  comprehensive, physician-directed medical-record reviews, claims
 3379  analyses, and case evaluations to determine the medical
 3380  necessity and appropriateness of a patient’s treatment plan and
 3381  drug therapies. The agency may contract with a private
 3382  organization to provide drug-program-management services. The
 3383  Medicaid drug benefit management program shall include
 3384  initiatives to manage drug therapies for HIV/AIDS patients,
 3385  patients using 20 or more unique prescriptions in a 180-day
 3386  period, and the top 1,000 patients in annual spending. The
 3387  agency shall enroll any Medicaid recipient in the drug benefit
 3388  management program if he or she meets the specifications of this
 3389  provision and is not enrolled in a Medicaid health maintenance
 3390  organization.
 3391         4. The agency may limit the size of its pharmacy network
 3392  based on need, competitive bidding, price negotiations,
 3393  credentialing, or similar criteria. The agency shall give
 3394  special consideration to rural areas in determining the size and
 3395  location of pharmacies included in the Medicaid pharmacy
 3396  network. A pharmacy credentialing process may include criteria
 3397  such as a pharmacy’s full-service status, location, size,
 3398  patient educational programs, patient consultation, disease
 3399  management services, and other characteristics. The agency may
 3400  impose a moratorium on Medicaid pharmacy enrollment if it is
 3401  determined that it has a sufficient number of Medicaid
 3402  participating providers. The agency must allow dispensing
 3403  practitioners to participate as a part of the Medicaid pharmacy
 3404  network regardless of the practitioner’s proximity to any other
 3405  entity that is dispensing prescription drugs under the Medicaid
 3406  program. A dispensing practitioner must meet all credentialing
 3407  requirements applicable to his or her practice, as determined by
 3408  the agency.
 3409         5. The agency shall develop and implement a program that
 3410  requires Medicaid practitioners who issue written prescriptions
 3411  for medicinal drugs to use a counterfeit-proof prescription pad
 3412  for Medicaid prescriptions. The agency shall require the use of
 3413  standardized counterfeit-proof prescription pads by prescribers
 3414  who issue written prescriptions for Medicaid recipients. The
 3415  agency may implement the program in targeted geographic areas or
 3416  statewide.
 3417         6. The agency may enter into arrangements that require
 3418  manufacturers of generic drugs prescribed to Medicaid recipients
 3419  to provide rebates of at least 15.1 percent of the average
 3420  manufacturer price for the manufacturer’s generic products.
 3421  These arrangements shall require that if a generic-drug
 3422  manufacturer pays federal rebates for Medicaid-reimbursed drugs
 3423  at a level below 15.1 percent, the manufacturer must provide a
 3424  supplemental rebate to the state in an amount necessary to
 3425  achieve a 15.1-percent rebate level.
 3426         7. The agency may establish a preferred drug list as
 3427  described in this subsection, and, pursuant to the establishment
 3428  of such preferred drug list, negotiate supplemental rebates from
 3429  manufacturers that are in addition to those required by Title
 3430  XIX of the Social Security Act and at no less than 14 percent of
 3431  the average manufacturer price as defined in 42 U.S.C. s. 1936
 3432  on the last day of a quarter unless the federal or supplemental
 3433  rebate, or both, equals or exceeds 29 percent. There is no upper
 3434  limit on the supplemental rebates the agency may negotiate. The
 3435  agency may determine that specific products, brand-name or
 3436  generic, are competitive at lower rebate percentages. Agreement
 3437  to pay the minimum supplemental rebate percentage guarantees a
 3438  manufacturer that the Medicaid Pharmaceutical and Therapeutics
 3439  Committee will consider a product for inclusion on the preferred
 3440  drug list. However, a pharmaceutical manufacturer is not
 3441  guaranteed placement on the preferred drug list by simply paying
 3442  the minimum supplemental rebate. Agency decisions will be made
 3443  on the clinical efficacy of a drug and recommendations of the
 3444  Medicaid Pharmaceutical and Therapeutics Committee, as well as
 3445  the price of competing products minus federal and state rebates.
 3446  The agency may contract with an outside agency or contractor to
 3447  conduct negotiations for supplemental rebates. For the purposes
 3448  of this section, the term “supplemental rebates” means cash
 3449  rebates. Value-added programs as a substitution for supplemental
 3450  rebates are prohibited. The agency may seek any federal waivers
 3451  to implement this initiative.
 3452         8.a. The agency may implement a Medicaid behavioral drug
 3453  management system. The agency may contract with a vendor that
 3454  has experience in operating behavioral drug management systems
 3455  to implement this program. The agency may seek federal waivers
 3456  to implement this program.
 3457         b. The agency, in conjunction with the Department of
 3458  Children and Families, may implement the Medicaid behavioral
 3459  drug management system that is designed to improve the quality
 3460  of care and behavioral health prescribing practices based on
 3461  best practice guidelines, improve patient adherence to
 3462  medication plans, reduce clinical risk, and lower prescribed
 3463  drug costs and the rate of inappropriate spending on Medicaid
 3464  behavioral drugs. The program may include the following
 3465  elements:
 3466         (I) Provide for the development and adoption of best
 3467  practice guidelines for behavioral health-related drugs such as
 3468  antipsychotics, antidepressants, and medications for treating
 3469  bipolar disorders and other behavioral conditions; translate
 3470  them into practice; review behavioral health prescribers and
 3471  compare their prescribing patterns to a number of indicators
 3472  that are based on national standards; and determine deviations
 3473  from best practice guidelines.
 3474         (II) Implement processes for providing feedback to and
 3475  educating prescribers using best practice educational materials
 3476  and peer-to-peer consultation.
 3477         (III) Assess Medicaid beneficiaries who are outliers in
 3478  their use of behavioral health drugs with regard to the numbers
 3479  and types of drugs taken, drug dosages, combination drug
 3480  therapies, and other indicators of improper use of behavioral
 3481  health drugs.
 3482         (IV) Alert prescribers to patients who fail to refill
 3483  prescriptions in a timely fashion, are prescribed multiple same
 3484  class behavioral health drugs, and may have other potential
 3485  medication problems.
 3486         (V) Track spending trends for behavioral health drugs and
 3487  deviation from best practice guidelines.
 3488         (VI) Use educational and technological approaches to
 3489  promote best practices, educate consumers, and train prescribers
 3490  in the use of practice guidelines.
 3491         (VII) Disseminate electronic and published materials.
 3492         (VIII) Hold statewide and regional conferences.
 3493         (IX) Implement a disease management program with a model
 3494  quality-based medication component for severely mentally ill
 3495  individuals and emotionally disturbed children who are high
 3496  users of care.
 3497         9. The agency shall implement a Medicaid prescription drug
 3498  management system.
 3499         a. The agency may contract with a vendor that has
 3500  experience in operating prescription drug management systems in
 3501  order to implement this system. Any management system that is
 3502  implemented in accordance with this subparagraph must rely on
 3503  cooperation between physicians and pharmacists to determine
 3504  appropriate practice patterns and clinical guidelines to improve
 3505  the prescribing, dispensing, and use of drugs in the Medicaid
 3506  program. The agency may seek federal waivers to implement this
 3507  program.
 3508         b. The drug management system must be designed to improve
 3509  the quality of care and prescribing practices based on best
 3510  practice guidelines, improve patient adherence to medication
 3511  plans, reduce clinical risk, and lower prescribed drug costs and
 3512  the rate of inappropriate spending on Medicaid prescription
 3513  drugs. The program must:
 3514         (I) Provide for the adoption of best practice guidelines
 3515  for the prescribing and use of drugs in the Medicaid program,
 3516  including translating best practice guidelines into practice;
 3517  reviewing prescriber patterns and comparing them to indicators
 3518  that are based on national standards and practice patterns of
 3519  clinical peers in their community, statewide, and nationally;
 3520  and determine deviations from best practice guidelines.
 3521         (II) Implement processes for providing feedback to and
 3522  educating prescribers using best practice educational materials
 3523  and peer-to-peer consultation.
 3524         (III) Assess Medicaid recipients who are outliers in their
 3525  use of a single or multiple prescription drugs with regard to
 3526  the numbers and types of drugs taken, drug dosages, combination
 3527  drug therapies, and other indicators of improper use of
 3528  prescription drugs.
 3529         (IV) Alert prescribers to recipients who fail to refill
 3530  prescriptions in a timely fashion, are prescribed multiple drugs
 3531  that may be redundant or contraindicated, or may have other
 3532  potential medication problems.
 3533         10. The agency may contract for drug rebate administration,
 3534  including, but not limited to, calculating rebate amounts,
 3535  invoicing manufacturers, negotiating disputes with
 3536  manufacturers, and maintaining a database of rebate collections.
 3537         11. The agency may specify the preferred daily dosing form
 3538  or strength for the purpose of promoting best practices with
 3539  regard to the prescribing of certain drugs as specified in the
 3540  General Appropriations Act and ensuring cost-effective
 3541  prescribing practices.
 3542         12. The agency may require prior authorization for
 3543  Medicaid-covered prescribed drugs. The agency may prior
 3544  authorize the use of a product:
 3545         a. For an indication not approved in labeling;
 3546         b. To comply with certain clinical guidelines; or
 3547         c. If the product has the potential for overuse, misuse, or
 3548  abuse.
 3549  
 3550  The agency may require the prescribing professional to provide
 3551  information about the rationale and supporting medical evidence
 3552  for the use of a drug. The agency shall post prior
 3553  authorization, step-edit criteria and protocol, and updates to
 3554  the list of drugs that are subject to prior authorization on the
 3555  agency’s Internet website within 21 days after the prior
 3556  authorization and step-edit criteria and protocol and updates
 3557  are approved by the agency. For purposes of this subparagraph,
 3558  the term “step-edit” means an automatic electronic review of
 3559  certain medications subject to prior authorization.
 3560         13. The agency, in conjunction with the Pharmaceutical and
 3561  Therapeutics Committee, may require age-related prior
 3562  authorizations for certain prescribed drugs. The agency may
 3563  preauthorize the use of a drug for a recipient who may not meet
 3564  the age requirement or may exceed the length of therapy for use
 3565  of this product as recommended by the manufacturer and approved
 3566  by the Food and Drug Administration. Prior authorization may
 3567  require the prescribing professional to provide information
 3568  about the rationale and supporting medical evidence for the use
 3569  of a drug.
 3570         14. The agency shall implement a step-therapy prior
 3571  authorization approval process for medications excluded from the
 3572  preferred drug list. Medications listed on the preferred drug
 3573  list must be used within the previous 12 months before the
 3574  alternative medications that are not listed. The step-therapy
 3575  prior authorization may require the prescriber to use the
 3576  medications of a similar drug class or for a similar medical
 3577  indication unless contraindicated in the Food and Drug
 3578  Administration labeling. The trial period between the specified
 3579  steps may vary according to the medical indication. The step
 3580  therapy approval process shall be developed in accordance with
 3581  the committee as stated in s. 409.91195(7) and (8). A drug
 3582  product may be approved without meeting the step-therapy prior
 3583  authorization criteria if the prescribing physician provides the
 3584  agency with additional written medical or clinical documentation
 3585  that the product is medically necessary because:
 3586         a. There is not a drug on the preferred drug list to treat
 3587  the disease or medical condition which is an acceptable clinical
 3588  alternative;
 3589         b. The alternatives have been ineffective in the treatment
 3590  of the beneficiary’s disease;
 3591         c. The drug product or medication of a similar drug class
 3592  is prescribed for the treatment of schizophrenia or schizotypal
 3593  or delusional disorders; prior authorization has been granted
 3594  previously for the prescribed drug; and the medication was
 3595  dispensed to the patient during the previous 12 months; or
 3596         d. Based on historical historic evidence and known
 3597  characteristics of the patient and the drug, the drug is likely
 3598  to be ineffective, or the number of doses have been ineffective.
 3599  
 3600  The agency shall work with the physician to determine the best
 3601  alternative for the patient. The agency may adopt rules waiving
 3602  the requirements for written clinical documentation for specific
 3603  drugs in limited clinical situations.
 3604         15. The agency shall implement a return and reuse program
 3605  for drugs dispensed by pharmacies to institutional recipients,
 3606  which includes payment of a $5 restocking fee for the
 3607  implementation and operation of the program. The return and
 3608  reuse program shall be implemented electronically and in a
 3609  manner that promotes efficiency. The program must permit a
 3610  pharmacy to exclude drugs from the program if it is not
 3611  practical or cost-effective for the drug to be included and must
 3612  provide for the return to inventory of drugs that cannot be
 3613  credited or returned in a cost-effective manner. The agency
 3614  shall determine if the program has reduced the amount of
 3615  Medicaid prescription drugs which are destroyed on an annual
 3616  basis and if there are additional ways to ensure more
 3617  prescription drugs are not destroyed which could safely be
 3618  reused.
 3619         Reviser’s note.—Amended to confirm an editorial substitution to
 3620         conform to context.
 3621         Section 93. Subsection (1) of section 414.1251, Florida
 3622  Statutes, is amended to read:
 3623         414.1251 Learnfare program.—
 3624         (1) The department shall reduce the temporary cash
 3625  assistance for a participant’s eligible dependent child or for
 3626  an eligible teenage participant who has not been exempted from
 3627  education participation requirements, if the eligible dependent
 3628  child or eligible teenage participant has been identified either
 3629  as a habitual truant, pursuant to s. 1003.01(12) 1003.01(8), or
 3630  as a dropout, pursuant to s. 1003.01(8) 1003.01(9). For a
 3631  student who has been identified as a habitual truant, the
 3632  temporary cash assistance must be reinstated after a subsequent
 3633  grading period in which the child’s attendance has substantially
 3634  improved. For a student who has been identified as a dropout,
 3635  the temporary cash assistance must be reinstated after the
 3636  student enrolls in a public school, receives a high school
 3637  diploma or its equivalency, enrolls in preparation for the high
 3638  school equivalency examination, or enrolls in other educational
 3639  activities approved by the district school board. Good cause
 3640  exemptions from the rule of unexcused absences include the
 3641  following:
 3642         (a) The student is expelled from school and alternative
 3643  schooling is not available.
 3644         (b) No licensed day care is available for a child of teen
 3645  parents subject to Learnfare.
 3646         (c) Prohibitive transportation problems exist (e.g., to and
 3647  from day care).
 3648  
 3649  Within 10 days after sanction notification, the participant
 3650  parent of a dependent child or the teenage participant may file
 3651  an internal fair hearings process review procedure appeal, and
 3652  no sanction shall be imposed until the appeal is resolved.
 3653         Reviser’s note.—Amended to conform to the reordering of
 3654         definitions in s. 1003.01 by this act.
 3655         Section 94. Subsection (14) of section 415.102, Florida
 3656  Statutes, is amended to read:
 3657         415.102 Definitions of terms used in ss. 415.101-415.113.
 3658  As used in ss. 415.101-415.113, the term:
 3659         (14) “Intimidation” means the communication by word or act
 3660  to a vulnerable adult that such that person will be deprived of
 3661  food, nutrition, clothing, shelter, supervision, medicine,
 3662  medical services, money, or financial support or will suffer
 3663  physical violence.
 3664         Reviser’s note.—Amended to improve clarity.
 3665         Section 95. Subsections (4) through (41) of section 440.02,
 3666  Florida Statutes, are reordered and amended to read:
 3667         440.02 Definitions.—When used in this chapter, unless the
 3668  context clearly requires otherwise, the following terms shall
 3669  have the following meanings:
 3670         (5)(4) “Carrier” means any person or fund authorized under
 3671  s. 440.38 to insure under this chapter and includes a self
 3672  insurer, and a commercial self-insurance fund authorized under
 3673  s. 624.462.
 3674         (6)(5) “Casual” as used in this section refers only to
 3675  employments for work that is anticipated to be completed in 10
 3676  working days or less, without regard to the number of persons
 3677  employed, and at a total labor cost of less than $500.
 3678         (7)(6) “Child” includes a posthumous child, a child legally
 3679  adopted prior to the injury of the employee, and a stepchild or
 3680  acknowledged child born out of wedlock dependent upon the
 3681  deceased, but does not include married children unless wholly
 3682  dependent on the employee. “Grandchild” means a child as above
 3683  defined of a child as above defined. “Brother” and “sister”
 3684  include stepbrothers and stepsisters, half brothers and half
 3685  sisters, and brothers and sisters by adoption, but does not
 3686  include married brothers or married sisters unless wholly
 3687  dependent on the employee. “Child,” “grandchild,” “brother,” and
 3688  “sister” include only persons who at the time of the death of
 3689  the deceased employees are under 18 years of age, or under 22
 3690  years of age if a full-time student in an accredited educational
 3691  institution.
 3692         (8)(7) “Compensation” means the money allowance payable to
 3693  an employee or to his or her dependents as provided for in this
 3694  chapter.
 3695         (10)(8) “Construction industry” means for-profit activities
 3696  involving any building, clearing, filling, excavation, or
 3697  substantial improvement in the size or use of any structure or
 3698  the appearance of any land. However, “construction” does not
 3699  mean a homeowner’s act of construction or the result of a
 3700  construction upon his or her own premises, provided such
 3701  premises are not intended to be sold, resold, or leased by the
 3702  owner within 1 year after the commencement of construction. The
 3703  division may, by rule, establish codes and definitions thereof
 3704  that meet the criteria of the term “construction industry” as
 3705  set forth in this section.
 3706         (11)(9) “Corporate officer” or “officer of a corporation”
 3707  means any person who fills an office provided for in the
 3708  corporate charter or articles of incorporation filed with the
 3709  Division of Corporations of the Department of State or as
 3710  authorized or required under part I of chapter 607. The term
 3711  “officer of a corporation” includes a member owning at least 10
 3712  percent of a limited liability company as defined in and
 3713  organized pursuant to chapter 605.
 3714         (12)(10) “Date of maximum medical improvement” means the
 3715  date after which further recovery from, or lasting improvement
 3716  to, an injury or disease can no longer reasonably be
 3717  anticipated, based upon reasonable medical probability.
 3718         (13)(11) “Death” as a basis for a right to compensation
 3719  means only death resulting from an injury.
 3720         (14)(12) “Department” means the Department of Financial
 3721  Services; the term does not include the Financial Services
 3722  Commission or any office of the commission.
 3723         (15)(13) “Disability” means incapacity because of the
 3724  injury to earn in the same or any other employment the wages
 3725  which the employee was receiving at the time of the injury.
 3726         (16)(14) “Division” means the Division of Workers’
 3727  Compensation of the Department of Financial Services.
 3728         (18)(15)(a) “Employee” means any person who receives
 3729  remuneration from an employer for the performance of any work or
 3730  service while engaged in any employment under any appointment or
 3731  contract for hire or apprenticeship, express or implied, oral or
 3732  written, whether lawfully or unlawfully employed, and includes,
 3733  but is not limited to, aliens and minors.
 3734         (b) “Employee” includes any person who is an officer of a
 3735  corporation and who performs services for remuneration for such
 3736  corporation within this state, whether or not such services are
 3737  continuous.
 3738         1. Any officer of a corporation may elect to be exempt from
 3739  this chapter by filing notice of the election with the
 3740  department as provided in s. 440.05.
 3741         2. As to officers of a corporation who are engaged in the
 3742  construction industry, no more than three officers of a
 3743  corporation or of any group of affiliated corporations may elect
 3744  to be exempt from this chapter by filing a notice of the
 3745  election with the department as provided in s. 440.05. Officers
 3746  must be shareholders, each owning at least 10 percent of the
 3747  stock of such corporation and listed as an officer of such
 3748  corporation with the Division of Corporations of the Department
 3749  of State, in order to elect exemptions under this chapter. For
 3750  purposes of this subparagraph, the term “affiliated” means and
 3751  includes one or more corporations or entities, any one of which
 3752  is a corporation engaged in the construction industry, under the
 3753  same or substantially the same control of a group of business
 3754  entities which are connected or associated so that one entity
 3755  controls or has the power to control each of the other business
 3756  entities. The term “affiliated” includes, but is not limited to,
 3757  the officers, directors, executives, shareholders active in
 3758  management, employees, and agents of the affiliated corporation.
 3759  The ownership by one business entity of a controlling interest
 3760  in another business entity or a pooling of equipment or income
 3761  among business entities shall be prima facie evidence that one
 3762  business is affiliated with the other.
 3763         3. An officer of a corporation who elects to be exempt from
 3764  this chapter by filing a notice of the election with the
 3765  department as provided in s. 440.05 is not an employee.
 3766  
 3767  Services are presumed to have been rendered to the corporation
 3768  if the officer is compensated by other than dividends upon
 3769  shares of stock of the corporation which the officer owns.
 3770         (c) “Employee” includes:
 3771         1. A sole proprietor or a partner who is not engaged in the
 3772  construction industry, devotes full time to the proprietorship
 3773  or partnership, and elects to be included in the definition of
 3774  employee by filing notice thereof as provided in s. 440.05.
 3775         2. All persons who are being paid by a construction
 3776  contractor as a subcontractor, unless the subcontractor has
 3777  validly elected an exemption as permitted by this chapter, or
 3778  has otherwise secured the payment of compensation coverage as a
 3779  subcontractor, consistent with s. 440.10, for work performed by
 3780  or as a subcontractor.
 3781         3. An independent contractor working or performing services
 3782  in the construction industry.
 3783         4. A sole proprietor who engages in the construction
 3784  industry and a partner or partnership that is engaged in the
 3785  construction industry.
 3786         (d) “Employee” does not include:
 3787         1. An independent contractor who is not engaged in the
 3788  construction industry.
 3789         a. In order to meet the definition of independent
 3790  contractor, at least four of the following criteria must be met:
 3791         (I) The independent contractor maintains a separate
 3792  business with his or her own work facility, truck, equipment,
 3793  materials, or similar accommodations;
 3794         (II) The independent contractor holds or has applied for a
 3795  federal employer identification number, unless the independent
 3796  contractor is a sole proprietor who is not required to obtain a
 3797  federal employer identification number under state or federal
 3798  regulations;
 3799         (III) The independent contractor receives compensation for
 3800  services rendered or work performed and such compensation is
 3801  paid to a business rather than to an individual;
 3802         (IV) The independent contractor holds one or more bank
 3803  accounts in the name of the business entity for purposes of
 3804  paying business expenses or other expenses related to services
 3805  rendered or work performed for compensation;
 3806         (V) The independent contractor performs work or is able to
 3807  perform work for any entity in addition to or besides the
 3808  employer at his or her own election without the necessity of
 3809  completing an employment application or process; or
 3810         (VI) The independent contractor receives compensation for
 3811  work or services rendered on a competitive-bid basis or
 3812  completion of a task or a set of tasks as defined by a
 3813  contractual agreement, unless such contractual agreement
 3814  expressly states that an employment relationship exists.
 3815         b. If four of the criteria listed in sub-subparagraph a. do
 3816  not exist, an individual may still be presumed to be an
 3817  independent contractor and not an employee based on full
 3818  consideration of the nature of the individual situation with
 3819  regard to satisfying any of the following conditions:
 3820         (I) The independent contractor performs or agrees to
 3821  perform specific services or work for a specific amount of money
 3822  and controls the means of performing the services or work.
 3823         (II) The independent contractor incurs the principal
 3824  expenses related to the service or work that he or she performs
 3825  or agrees to perform.
 3826         (III) The independent contractor is responsible for the
 3827  satisfactory completion of the work or services that he or she
 3828  performs or agrees to perform.
 3829         (IV) The independent contractor receives compensation for
 3830  work or services performed for a commission or on a per-job
 3831  basis and not on any other basis.
 3832         (V) The independent contractor may realize a profit or
 3833  suffer a loss in connection with performing work or services.
 3834         (VI) The independent contractor has continuing or recurring
 3835  business liabilities or obligations.
 3836         (VII) The success or failure of the independent
 3837  contractor’s business depends on the relationship of business
 3838  receipts to expenditures.
 3839         c. Notwithstanding anything to the contrary in this
 3840  subparagraph, an individual claiming to be an independent
 3841  contractor has the burden of proving that he or she is an
 3842  independent contractor for purposes of this chapter.
 3843         2. A real estate licensee, if that person agrees, in
 3844  writing, to perform for remuneration solely by way of
 3845  commission.
 3846         3. Bands, orchestras, and musical and theatrical
 3847  performers, including disk jockeys, performing in licensed
 3848  premises as defined in chapter 562, if a written contract
 3849  evidencing an independent contractor relationship is entered
 3850  into before the commencement of such entertainment.
 3851         4. An owner-operator of a motor vehicle who transports
 3852  property under a written contract with a motor carrier which
 3853  evidences a relationship by which the owner-operator assumes the
 3854  responsibility of an employer for the performance of the
 3855  contract, if the owner-operator is required to furnish motor
 3856  vehicle equipment as identified in the written contract and the
 3857  principal costs incidental to the performance of the contract,
 3858  including, but not limited to, fuel and repairs, provided a
 3859  motor carrier’s advance of costs to the owner-operator when a
 3860  written contract evidences the owner-operator’s obligation to
 3861  reimburse such advance shall be treated as the owner-operator
 3862  furnishing such cost and the owner-operator is not paid by the
 3863  hour or on some other time-measured basis.
 3864         5. A person whose employment is both casual and not in the
 3865  course of the trade, business, profession, or occupation of the
 3866  employer.
 3867         6. A volunteer, except a volunteer worker for the state or
 3868  a county, municipality, or other governmental entity. A person
 3869  who does not receive monetary remuneration for services is
 3870  presumed to be a volunteer unless there is substantial evidence
 3871  that a valuable consideration was intended by both employer and
 3872  employee. For purposes of this chapter, the term “volunteer”
 3873  includes, but is not limited to:
 3874         a. Persons who serve in private nonprofit agencies and who
 3875  receive no compensation other than expenses in an amount less
 3876  than or equivalent to the standard mileage and per diem expenses
 3877  provided to salaried employees in the same agency or, if such
 3878  agency does not have salaried employees who receive mileage and
 3879  per diem, then such volunteers who receive no compensation other
 3880  than expenses in an amount less than or equivalent to the
 3881  customary mileage and per diem paid to salaried workers in the
 3882  community as determined by the department; and
 3883         b. Volunteers participating in federal programs established
 3884  under Pub. L. No. 93-113.
 3885         7. Unless otherwise prohibited by this chapter, any officer
 3886  of a corporation who elects to be exempt from this chapter. Such
 3887  officer is not an employee for any reason under this chapter
 3888  until the notice of revocation of election filed pursuant to s.
 3889  440.05 is effective.
 3890         8. An officer of a corporation that is engaged in the
 3891  construction industry who elects to be exempt from the
 3892  provisions of this chapter, as otherwise permitted by this
 3893  chapter. Such officer is not an employee for any reason until
 3894  the notice of revocation of election filed pursuant to s. 440.05
 3895  is effective.
 3896         9. An exercise rider who does not work for a single horse
 3897  farm or breeder, and who is compensated for riding on a case-by
 3898  case basis, provided a written contract is entered into prior to
 3899  the commencement of such activity which evidences that an
 3900  employee/employer relationship does not exist.
 3901         10. A taxicab, limousine, or other passenger vehicle-for
 3902  hire driver who operates said vehicles pursuant to a written
 3903  agreement with a company which provides any dispatch, marketing,
 3904  insurance, communications, or other services under which the
 3905  driver and any fees or charges paid by the driver to the company
 3906  for such services are not conditioned upon, or expressed as a
 3907  proportion of, fare revenues.
 3908         11. A person who performs services as a sports official for
 3909  an entity sponsoring an interscholastic sports event or for a
 3910  public entity or private, nonprofit organization that sponsors
 3911  an amateur sports event. For purposes of this subparagraph, such
 3912  a person is an independent contractor. For purposes of this
 3913  subparagraph, the term “sports official” means any person who is
 3914  a neutral participant in a sports event, including, but not
 3915  limited to, umpires, referees, judges, linespersons,
 3916  scorekeepers, or timekeepers. This subparagraph does not apply
 3917  to any person employed by a district school board who serves as
 3918  a sports official as required by the employing school board or
 3919  who serves as a sports official as part of his or her
 3920  responsibilities during normal school hours.
 3921         12. Medicaid-enrolled clients under chapter 393 who are
 3922  excluded from the definition of employment under s.
 3923  443.1216(4)(d) and served by Adult Day Training Services under
 3924  the Home and Community-Based or the Family and Supported Living
 3925  Medicaid Waiver program in a sheltered workshop setting licensed
 3926  by the United States Department of Labor for the purpose of
 3927  training and earning less than the federal hourly minimum wage.
 3928         13. Medicaid-enrolled clients under chapter 393 who are
 3929  excluded from the definition of employment under s.
 3930  443.1216(4)(d) and served by Adult Day Training Services under
 3931  the Family and Supported Living Medicaid Waiver program in a
 3932  sheltered workshop setting licensed by the United States
 3933  Department of Labor for the purpose of training and earning less
 3934  than the federal hourly minimum wage.
 3935         (19)(16)(a) “Employer” means the state and all political
 3936  subdivisions thereof, all public and quasi-public corporations
 3937  therein, every person carrying on any employment, and the legal
 3938  representative of a deceased person or the receiver or trustees
 3939  of any person. The term also includes employee leasing
 3940  companies, as defined in s. 468.520(5), and employment agencies
 3941  that provide their own employees to other persons. If the
 3942  employer is a corporation, parties in actual control of the
 3943  corporation, including, but not limited to, the president,
 3944  officers who exercise broad corporate powers, directors, and all
 3945  shareholders who directly or indirectly own a controlling
 3946  interest in the corporation, are considered the employer for the
 3947  purposes of ss. 440.105, 440.106, and 440.107.
 3948         (b) A homeowner shall not be considered the employer of
 3949  persons hired by the homeowner to carry out construction on the
 3950  homeowner’s own premises if those premises are not intended for
 3951  immediate lease, sale, or resale.
 3952         (c) Facilities serving individuals under subparagraph
 3953  (18)(d)12. (15)(d)12. shall be considered agents of the Agency
 3954  for Health Care Administration as it relates to providing Adult
 3955  Day Training Services under the Home and Community-Based
 3956  Medicaid Waiver program and not employers or third parties for
 3957  the purpose of limiting or denying Medicaid benefits.
 3958         (20)(17)(a) “Employment,” subject to the other provisions
 3959  of this chapter, means any service performed by an employee for
 3960  the person employing him or her.
 3961         (b) “Employment” includes:
 3962         1. Employment by the state and all political subdivisions
 3963  thereof and all public and quasi-public corporations therein,
 3964  including officers elected at the polls.
 3965         2. All private employments in which four or more employees
 3966  are employed by the same employer or, with respect to the
 3967  construction industry, all private employment in which one or
 3968  more employees are employed by the same employer.
 3969         3. Volunteer firefighters responding to or assisting with
 3970  fire or medical emergencies whether or not the firefighters are
 3971  on duty.
 3972         (c) “Employment” does not include service performed by or
 3973  as:
 3974         1. Domestic servants in private homes.
 3975         2. Agricultural labor performed on a farm in the employ of
 3976  a bona fide farmer, or association of farmers, that employs 5 or
 3977  fewer regular employees and that employs fewer than 12 other
 3978  employees at one time for seasonal agricultural labor that is
 3979  completed in less than 30 days, provided such seasonal
 3980  employment does not exceed 45 days in the same calendar year.
 3981  The term “farm” includes stock, dairy, poultry, fruit, fur
 3982  bearing animals, fish, and truck farms, ranches, nurseries, and
 3983  orchards. The term “agricultural labor” includes field foremen,
 3984  timekeepers, checkers, and other farm labor supervisory
 3985  personnel.
 3986         3. Professional athletes, such as professional boxers,
 3987  wrestlers, baseball, football, basketball, hockey, polo, tennis,
 3988  jai alai, and similar players, and motorsports teams competing
 3989  in a motor racing event as defined in s. 549.08.
 3990         4. Labor under a sentence of a court to perform community
 3991  services as provided in s. 316.193.
 3992         5. State prisoners or county inmates, except those
 3993  performing services for private employers or those enumerated in
 3994  s. 948.036(1).
 3995         (27)(18) “Misconduct” includes, but is not limited to, the
 3996  following, which shall not be construed in pari materia with
 3997  each other:
 3998         (a) Conduct evincing such willful or wanton disregard of an
 3999  employer’s interests as is found in deliberate violation or
 4000  disregard of standards of behavior which the employer has the
 4001  right to expect of the employee; or
 4002         (b) Carelessness or negligence of such a degree or
 4003  recurrence as to manifest culpability, wrongful intent, or evil
 4004  design, or to show an intentional and substantial disregard of
 4005  an employer’s interests or of the employee’s duties and
 4006  obligations to the employer.
 4007         (23)(19) “Injury” means personal injury or death by
 4008  accident arising out of and in the course of employment, and
 4009  such diseases or infection as naturally or unavoidably result
 4010  from such injury. Damage to dentures, eyeglasses, prosthetic
 4011  devices, and artificial limbs may be included in this definition
 4012  only when the damage is shown to be part of, or in conjunction
 4013  with, an accident. This damage must specifically occur as the
 4014  result of an accident in the normal course of employment.
 4015         (29)(20) “Parent” includes stepparents and parents by
 4016  adoption, parents-in-law, and any persons who for more than 3
 4017  years prior to the death of the deceased employee stood in the
 4018  place of a parent to him or her and were dependent on the
 4019  injured employee.
 4020         (30)(21) “Partner” means any person who is a member of a
 4021  partnership that is formed by two or more persons to carry on as
 4022  co-owners of a business with the understanding that there will
 4023  be a proportional sharing of the profits and losses between
 4024  them. For the purposes of this chapter, a partner is a person
 4025  who participates fully in the management of the partnership and
 4026  who is personally liable for its debts.
 4027         (31)(22) “Permanent impairment” means any anatomic or
 4028  functional abnormality or loss determined as a percentage of the
 4029  body as a whole, existing after the date of maximum medical
 4030  improvement, which results from the injury.
 4031         (32)(23) “Person” means individual, partnership,
 4032  association, or corporation, including any public service
 4033  corporation.
 4034         (33)(24) “Self-insurer” means:
 4035         (a) Any employer who has secured payment of compensation
 4036  pursuant to s. 440.38(1)(b) or (6) as an individual self
 4037  insurer;
 4038         (b) Any employer who has secured payment of compensation
 4039  through a group self-insurance fund under s. 624.4621;
 4040         (c) Any group self-insurance fund established under s.
 4041  624.4621;
 4042         (d) A public utility as defined in s. 364.02 or s. 366.02
 4043  that has assumed by contract the liabilities of contractors or
 4044  subcontractors pursuant to s. 624.46225; or
 4045         (e) Any local government self-insurance fund established
 4046  under s. 624.4622.
 4047         (35)(25) “Sole proprietor” means a natural person who owns
 4048  a form of business in which that person owns all the assets of
 4049  the business and is solely liable for all the debts of the
 4050  business.
 4051         (37)(26) “Spouse” includes only a spouse substantially
 4052  dependent for financial support upon the decedent and living
 4053  with the decedent at the time of the decedent’s injury and
 4054  death, or substantially dependent upon the decedent for
 4055  financial support and living apart at that time for justifiable
 4056  cause.
 4057         (39)(27) “Time of injury” means the time of the occurrence
 4058  of the accident resulting in the injury.
 4059         (40)(28) “Wages” means the money rate at which the service
 4060  rendered is recompensed under the contract of hiring in force at
 4061  the time of the injury and includes only the wages earned and
 4062  reported for federal income tax purposes on the job where the
 4063  employee is injured and any other concurrent employment where he
 4064  or she is also subject to workers’ compensation coverage and
 4065  benefits, together with the reasonable value of housing
 4066  furnished to the employee by the employer which is the permanent
 4067  year-round residence of the employee, and gratuities to the
 4068  extent reported to the employer in writing as taxable income
 4069  received in the course of employment from others than the
 4070  employer and employer contributions for health insurance for the
 4071  employee or the employee’s dependents. However, housing
 4072  furnished to migrant workers shall be included in wages unless
 4073  provided after the time of injury. In employment in which an
 4074  employee receives consideration for housing, the reasonable
 4075  value of such housing compensation shall be the actual cost to
 4076  the employer or based upon the Fair Market Rent Survey
 4077  promulgated pursuant to s. 8 of the Housing and Urban
 4078  Development Act of 1974, whichever is less. However, if employer
 4079  contributions for housing or health insurance are continued
 4080  after the time of the injury, the contributions are not “wages”
 4081  for the purpose of calculating an employee’s average weekly
 4082  wage.
 4083         (41)(29) “Weekly compensation rate” means and refers to the
 4084  amount of compensation payable for a period of 7 consecutive
 4085  calendar days, including any Saturdays, Sundays, holidays, and
 4086  other nonworking days which fall within such period of 7
 4087  consecutive calendar days. When Saturdays, Sundays, holidays, or
 4088  other nonworking days immediately follow the first 7 calendar
 4089  days of disability or occur at the end of a period of disability
 4090  as the last day or days of such period, such nonworking days
 4091  constitute a part of the period of disability with respect to
 4092  which compensation is payable.
 4093         (9)(30) “Construction design professional” means an
 4094  architect, professional engineer, landscape architect, or
 4095  surveyor and mapper, or any corporation, professional or
 4096  general, that has a certificate to practice in the construction
 4097  design field from the Department of Business and Professional
 4098  Regulation.
 4099         (22)(31) “Individual self-insurer” means any employer who
 4100  has secured payment of compensation pursuant to s. 440.38(1)(b)
 4101  as an individual self-insurer.
 4102         (17)(32) “Domestic individual self-insurer” means an
 4103  individual self-insurer:
 4104         (a) Which is a corporation formed under the laws of this
 4105  state;
 4106         (b) Who is an individual who is a resident of this state or
 4107  whose primary place of business is located in this state; or
 4108         (c) Which is a partnership whose principals are residents
 4109  of this state or whose primary place of business is located in
 4110  this state.
 4111         (21)(33) “Foreign individual self-insurer” means an
 4112  individual self-insurer:
 4113         (a) Which is a corporation formed under the laws of any
 4114  state, district, territory, or commonwealth of the United States
 4115  other than this state;
 4116         (b) Who is an individual who is not a resident of this
 4117  state and whose primary place of business is not located in this
 4118  state; or
 4119         (c) Which is a partnership whose principals are not
 4120  residents of this state and whose primary place of business is
 4121  not located in this state.
 4122         (25)(34) “Insolvent member” means an individual self
 4123  insurer which is a member of the Florida Self-Insurers Guaranty
 4124  Association, Incorporated, or which was a member and has
 4125  withdrawn pursuant to s. 440.385(1)(b), and which has been found
 4126  insolvent, as defined in subparagraph (24)(a)1. (35)(a)1.,
 4127  subparagraph (24)(a)2. (35)(a)2., or subparagraph (24)(a)3.
 4128  (35)(a)3., by a court of competent jurisdiction in this or any
 4129  other state, or meets the definition of subparagraph (24)(a)4.
 4130  (35)(a)4.
 4131         (24)(35) “Insolvency” or “insolvent” means:
 4132         (a) With respect to an individual self-insurer:
 4133         1. That all assets of the individual self-insurer, if made
 4134  immediately available, would not be sufficient to meet all the
 4135  individual self-insurer’s liabilities;
 4136         2. That the individual self-insurer is unable to pay its
 4137  debts as they become due in the usual course of business;
 4138         3. That the individual self-insurer has substantially
 4139  ceased or suspended the payment of compensation to its employees
 4140  as required in this chapter; or
 4141         4. That the individual self-insurer has sought protection
 4142  under the United States Bankruptcy Code or has been brought
 4143  under the jurisdiction of a court of bankruptcy as a debtor
 4144  pursuant to the United States Bankruptcy Code.
 4145         (b) With respect to an employee claiming insolvency
 4146  pursuant to s. 440.25(5), a person is insolvent who:
 4147         1. Has ceased to pay his or her debts in the ordinary
 4148  course of business and cannot pay his or her debts as they
 4149  become due; or
 4150         2. Has been adjudicated insolvent pursuant to the federal
 4151  bankruptcy law.
 4152         (4)(36) “Arising out of” pertains to occupational
 4153  causation. An accidental injury or death arises out of
 4154  employment if work performed in the course and scope of
 4155  employment is the major contributing cause of the injury or
 4156  death.
 4157         (34)(37) “Soft-tissue injury” means an injury that produces
 4158  damage to the soft tissues, rather than to the skeletal tissues
 4159  or soft organs.
 4160         (26)(38) “Insurer” means a group self-insurers’ fund
 4161  authorized by s. 624.4621, an individual self-insurer authorized
 4162  by s. 440.38, a commercial self-insurance fund authorized by s.
 4163  624.462, an assessable mutual insurer authorized by s. 628.6011,
 4164  and an insurer licensed to write workers’ compensation and
 4165  employer’s liability insurance in this state. The term
 4166  “carrier,” as used in this chapter, means an insurer as defined
 4167  in this subsection.
 4168         (38)(39) “Statement,” for the purposes of ss. 440.105 and
 4169  440.106, shall include the exact fraud statement language in s.
 4170  440.105(7). This requirement includes, but is not limited to,
 4171  any notice, representation, statement, proof of injury, bill for
 4172  services, diagnosis, prescription, hospital or doctor record, X
 4173  ray, test result, or other evidence of loss, injury, or expense.
 4174         (36)(40) “Specificity” means information on the petition
 4175  for benefits sufficient to put the employer or carrier on notice
 4176  of the exact statutory classification and outstanding time
 4177  period of benefits being requested and includes a detailed
 4178  explanation of any benefits received that should be increased,
 4179  decreased, changed, or otherwise modified. If the petition is
 4180  for medical benefits, the information shall include specific
 4181  details as to why such benefits are being requested, why such
 4182  benefits are medically necessary, and why current treatment, if
 4183  any, is not sufficient. Any petition requesting alternate or
 4184  other medical care, including, but not limited to, petitions
 4185  requesting psychiatric or psychological treatment, must
 4186  specifically identify the physician, as defined in s. 440.13(1),
 4187  who is recommending such treatment. A copy of a report from such
 4188  physician making the recommendation for alternate or other
 4189  medical care shall also be attached to the petition. A judge of
 4190  compensation claims shall not order such treatment if a
 4191  physician is not recommending such treatment.
 4192         (28)(41) “Office of Insurance Regulation” means the Office
 4193  of Insurance Regulation of the Financial Services Commission.
 4194         Reviser’s note.—Amended to place the definitions of the section
 4195         in alphabetical order and to conform cross-references.
 4196         Section 96. Subsection (4) of section 440.14, Florida
 4197  Statutes, is amended to read:
 4198         440.14 Determination of pay.—
 4199         (4) Upon termination of the employee or upon termination of
 4200  the payment of fringe benefits of any employee who is collecting
 4201  indemnity benefits pursuant to s. 440.15(2) or (3), the employer
 4202  shall within 7 days of such termination file a corrected 13-week
 4203  wage statement reflecting the wages paid and the fringe benefits
 4204  that had been paid to the injured employee, as provided in s.
 4205  440.02(40) 440.02(28).
 4206         Reviser’s note.—Amended to conform to the reordering of
 4207         definitions in s. 440.02 by this act.
 4208         Section 97. Subsection (3) of section 440.151, Florida
 4209  Statutes, is amended to read:
 4210         440.151 Occupational diseases.—
 4211         (3) Except as otherwise provided in this section,
 4212  “disablement” means disability as described in s. 440.02(15)
 4213  440.02(13).
 4214         Reviser’s note.—Amended to conform to the reordering of
 4215         definitions in s. 440.02 by this act.
 4216         Section 98. Paragraph (a) of subsection (1) of section
 4217  440.385, Florida Statutes, is amended to read:
 4218         440.385 Florida Self-Insurers Guaranty Association,
 4219  Incorporated.—
 4220         (1) CREATION OF ASSOCIATION.—
 4221         (a) There is created a nonprofit corporation to be known as
 4222  the “Florida Self-Insurers Guaranty Association, Incorporated,”
 4223  hereinafter referred to as “the association.” Upon incorporation
 4224  of the association, all individual self-insurers as defined in
 4225  ss. 440.02(33)(a) 440.02(24)(a) and 440.38(1)(b), other than
 4226  individual self-insurers which are public utilities or
 4227  governmental entities, shall be members of the association as a
 4228  condition of their authority to individually self-insure in this
 4229  state. The association shall perform its functions under a plan
 4230  of operation as established and approved under subsection (5)
 4231  and shall exercise its powers and duties through a board of
 4232  directors as established under subsection (2). The association
 4233  shall have those powers granted or permitted corporations not
 4234  for profit, as provided in chapter 617. The activities of the
 4235  association shall be subject to review by the department. The
 4236  department shall have oversight responsibility as set forth in
 4237  this section. The association is specifically authorized to
 4238  enter into agreements with this state to perform specified
 4239  services.
 4240         Reviser’s note.—Amended to conform to the reordering of
 4241         definitions in s. 440.02 by this act.
 4242         Section 99. Subsection (2) of section 440.525, Florida
 4243  Statutes, is amended to read:
 4244         440.525 Examination and investigation of carriers and
 4245  claims-handling entities.—
 4246         (2) An examination may cover any period of the carrier’s,
 4247  third-party administrator’s, servicing agent’s, or other claims
 4248  handling entity’s operations since the last previous
 4249  examination. An investigation based upon a reasonable belief by
 4250  the department that a material violation of this chapter has
 4251  occurred may cover any time period, but may not predate the last
 4252  examination by more than 5 years. The department may by rule
 4253  establish procedures, standards, and protocols for examinations
 4254  and investigations. If the department finds any violation of
 4255  this chapter, it may impose administrative penalties pursuant to
 4256  this chapter. If the department finds any self-insurer in
 4257  violation of this chapter, it may take action pursuant to s.
 4258  440.38(3). Examinations or investigations by the department may
 4259  address, but are not limited to addressing, patterns or
 4260  practices of unreasonable delay in claims handling; timeliness
 4261  and accuracy of payments and reports under ss. 440.13, 440.16,
 4262  and 440.185; or patterns or practices of harassment, coercion,
 4263  or intimidation of claimants. The department may also specify by
 4264  rule the documentation to be maintained for each claim file.
 4265         Reviser’s note.—Amended to improve clarity.
 4266         Section 100. Subsection (5) of section 455.32, Florida
 4267  Statutes, is amended to read:
 4268         455.32 Management Privatization Act.—
 4269         (5) Any such corporation may hire staff as necessary to
 4270  carry out its functions. Such staff are not public employees for
 4271  the purposes of chapter 110 or chapter 112, except that the
 4272  board of directors and the employees of the corporation are
 4273  subject to the provisions of s. 112.061 and part III of chapter
 4274  112. The provisions of s. 768.28 apply to each such corporation,
 4275  which is deemed to be a corporation primarily acting as an
 4276  instrumentality of the state but which is not an agency within
 4277  the meaning of s. 20.03(1) 20.03(11).
 4278         Reviser’s note.—Amended to conform to the reordering of
 4279         definitions in s. 20.03 by this act.
 4280         Section 101. Paragraph (a) of subsection (2) of section
 4281  456.048, Florida Statutes, is amended to read:
 4282         456.048 Financial responsibility requirements for certain
 4283  health care practitioners.—
 4284         (2) The board or department may grant exemptions upon
 4285  application by practitioners meeting any of the following
 4286  criteria:
 4287         (a) Any person licensed under chapter 457, s. 458.3475, s.
 4288  459.023, chapter 460, chapter 461, s. 464.012, chapter 466, or
 4289  chapter 467 who practices exclusively as an officer, employee,
 4290  or agent of the Federal Government or of the state or its
 4291  agencies or its subdivisions. For the purposes of this
 4292  subsection, an agent of the state, its agencies, or its
 4293  subdivisions is a person who is eligible for coverage under any
 4294  self-insurance or insurance program authorized by the provisions
 4295  of s. 768.28(16) or who is a volunteer under s. 110.501(4)
 4296  110.501(1).
 4297         Reviser’s note.—Amended to conform to the reordering of
 4298         definitions in s. 110.501 by this act.
 4299         Section 102. Subsection (17) of section 456.076, Florida
 4300  Statutes, is amended to read:
 4301         456.076 Impaired practitioner programs.—
 4302         (17) A consultant may disclose to a referral or
 4303  participant, or to the legal representative of the referral or
 4304  participant, the documents, records, or other information from
 4305  the consultant’s file, including information received by the
 4306  consultant from other sources; information on the terms required
 4307  for the referral’s or participant’s monitoring contract, the
 4308  referral’s or participant’s progress or inability to progress,
 4309  or the referral’s or participant’s discharge or termination;
 4310  information supporting the conclusion of material noncompliance;
 4311  or any other information required by law. The consultant must
 4312  disclose to the department, upon the department’s request,
 4313  whether an applicant for a multistate license under s. 464.0095
 4314  is participating in a treatment program and must report to the
 4315  department when a nurse holding a multistate license under s.
 4316  464.0095 enters a treatment program. A nurse holding a
 4317  multistate license pursuant to s. 464.0095 must report to the
 4318  department within 2 business days after entering a treatment
 4319  program pursuant to this section. If a consultant discloses
 4320  information to the department in accordance with this chapter
 4321  part, a referral or participant, or his or her legal
 4322  representative, may obtain a complete copy of the consultant’s
 4323  file from the consultant or the department under s. 456.073.
 4324         Reviser’s note.—Amended to conform to the arrangement of chapter
 4325         456, which is not divided into parts.
 4326         Section 103. Paragraphs (f) through (h) of subsection (5)
 4327  of section 468.603, Florida Statutes, are reordered and amended
 4328  to read:
 4329         468.603 Definitions.—As used in this part:
 4330         (5) “Categories of building code inspectors” include the
 4331  following:
 4332         (h)(f) “Residential inspector” means a person who is
 4333  qualified to inspect and determine that one-family, two-family,
 4334  or three-family residences not exceeding two habitable stories
 4335  above no more than one uninhabitable story and accessory use
 4336  structures in connection therewith are constructed in accordance
 4337  with the provisions of the governing building, plumbing,
 4338  mechanical, accessibility, and electrical codes.
 4339         (f)(g) “Plumbing inspector” means a person who is qualified
 4340  to inspect and determine that the plumbing installations and
 4341  systems for buildings and structures are in compliance with the
 4342  provisions of the governing plumbing code.
 4343         (g)(h) “Residential electrical inspector” means a person
 4344  who is qualified to inspect and determine the electrical safety
 4345  of one and two family dwellings and accessory structures by
 4346  inspecting for compliance with the applicable provisions of the
 4347  governing electrical code.
 4348         Reviser’s note.—Amended to place the definitions of subsection
 4349         (5) in alphabetical order.
 4350         Section 104. Subsection (3) of section 471.038, Florida
 4351  Statutes, is amended to read:
 4352         471.038 Florida Engineers Management Corporation.—
 4353         (3) The Florida Engineers Management Corporation is created
 4354  to provide administrative, investigative, and prosecutorial
 4355  services to the board in accordance with the provisions of
 4356  chapter 455 and this chapter. The management corporation may
 4357  hire staff as necessary to carry out its functions. Such staff
 4358  are not public employees for the purposes of chapter 110 or
 4359  chapter 112, except that the board of directors and the staff
 4360  are subject to the provisions of s. 112.061. The provisions of
 4361  s. 768.28 apply to the management corporation, which is deemed
 4362  to be a corporation primarily acting as an instrumentality of
 4363  the state, but which is not an agency within the meaning of s.
 4364  20.03(1) 20.03(11). The management corporation shall:
 4365         (a) Be a Florida corporation not for profit, incorporated
 4366  under the provisions of chapter 617.
 4367         (b) Provide administrative, investigative, and
 4368  prosecutorial services to the board in accordance with the
 4369  provisions of chapter 455, this chapter, and the contract
 4370  required by this section.
 4371         (c) Receive, hold, and administer property and make only
 4372  prudent expenditures directly related to the responsibilities of
 4373  the board, and in accordance with the contract required by this
 4374  section.
 4375         (d) Be approved by the board, and the department, to
 4376  operate for the benefit of the board and in the best interest of
 4377  the state.
 4378         (e) Operate under a fiscal year that begins on July 1 of
 4379  each year and ends on June 30 of the following year.
 4380         (f) Have a seven-member board of directors, five of whom
 4381  are to be appointed by the board and must be registrants
 4382  regulated by the board and two of whom are to be appointed by
 4383  the secretary and must be laypersons not regulated by the board.
 4384  All appointments shall be for 4-year terms. No member shall
 4385  serve more than two consecutive terms. Failure to attend three
 4386  consecutive meetings shall be deemed a resignation from the
 4387  board, and the vacancy shall be filled by a new appointment.
 4388         (g) Select its officers in accordance with its bylaws. The
 4389  members of the board of directors who were appointed by the
 4390  board may be removed by the board.
 4391         (h) Select the president of the management corporation, who
 4392  shall also serve as executive director to the board, subject to
 4393  approval of the board.
 4394         (i) Use a portion of the interest derived from the
 4395  management corporation account to offset the costs associated
 4396  with the use of credit cards for payment of fees by applicants
 4397  or licensees.
 4398         (j) Operate under a written contract with the department
 4399  which is approved by the board. The contract must provide for,
 4400  but is not limited to:
 4401         1. Submission by the management corporation of an annual
 4402  budget that complies with board rules for approval by the board
 4403  and the department.
 4404         2. Annual certification by the board and the department
 4405  that the management corporation is complying with the terms of
 4406  the contract in a manner consistent with the goals and purposes
 4407  of the board and in the best interest of the state. This
 4408  certification must be reported in the board’s minutes. The
 4409  contract must also provide for methods and mechanisms to resolve
 4410  any situation in which the certification process determines
 4411  noncompliance.
 4412         3. Funding of the management corporation through
 4413  appropriations allocated to the regulation of professional
 4414  engineers from the Professional Regulation Trust Fund.
 4415         4. The reversion to the board, or the state if the board
 4416  ceases to exist, of moneys, records, data, and property held in
 4417  trust by the management corporation for the benefit of the
 4418  board, if the management corporation is no longer approved to
 4419  operate for the board or the board ceases to exist. All records
 4420  and data in a computerized database shall be returned to the
 4421  department in a form that is compatible with the computerized
 4422  database of the department.
 4423         5. The securing and maintaining by the management
 4424  corporation, during the term of the contract and for all acts
 4425  performed during the term of the contract, of all liability
 4426  insurance coverages in an amount to be approved by the board to
 4427  defend, indemnify, and hold harmless the management corporation
 4428  and its officers and employees, the department and its
 4429  employees, and the state against all claims arising from state
 4430  and federal laws. Such insurance coverage must be with insurers
 4431  qualified and doing business in the state. The management
 4432  corporation must provide proof of insurance to the department.
 4433  The department and its employees and the state are exempt from
 4434  and are not liable for any sum of money which represents a
 4435  deductible, which sums shall be the sole responsibility of the
 4436  management corporation. Violation of this subparagraph shall be
 4437  grounds for terminating the contract.
 4438         6. Payment by the management corporation, out of its
 4439  allocated budget, to the department of all costs of
 4440  representation by the board counsel, including salary and
 4441  benefits, travel, and any other compensation traditionally paid
 4442  by the department to other board counsel.
 4443         7. Payment by the management corporation, out of its
 4444  allocated budget, to the department of all costs incurred by the
 4445  management corporation or the board for the Division of
 4446  Administrative Hearings of the Department of Management Services
 4447  and any other cost for utilization of these state services.
 4448         8. Payment by the management corporation, out of its
 4449  allocated budget, to the department of reasonable costs
 4450  associated with the contract monitor.
 4451         (k) Provide for an annual financial audit of its financial
 4452  accounts and records by an independent certified public
 4453  accountant. The annual audit report shall include a management
 4454  letter in accordance with s. 11.45 and a detailed supplemental
 4455  schedule of expenditures for each expenditure category. The
 4456  annual audit report must be submitted to the board, the
 4457  department, and the Auditor General for review.
 4458         (l) Provide for persons not employed by the corporation who
 4459  are charged with the responsibility of receiving and depositing
 4460  fee and fine revenues to have a faithful performance bond in
 4461  such an amount and according to such terms as shall be
 4462  determined in the contract.
 4463         (m) Submit to the secretary, the board, and the
 4464  Legislature, on or before October 1 of each year, a report on
 4465  the status of the corporation which includes, but is not limited
 4466  to, information concerning the programs and funds that have been
 4467  transferred to the corporation. The report must include: the
 4468  number of license applications received; the number approved and
 4469  denied and the number of licenses issued; the number of
 4470  examinations administered and the number of applicants who
 4471  passed or failed the examination; the number of complaints
 4472  received; the number determined to be legally sufficient; the
 4473  number dismissed; the number determined to have probable cause;
 4474  the number of administrative complaints issued and the status of
 4475  the complaints; and the number and nature of disciplinary
 4476  actions taken by the board.
 4477         (n) Develop and submit to the department, performance
 4478  standards and measurable outcomes for the board to adopt by rule
 4479  in order to facilitate efficient and cost-effective regulation.
 4480         Reviser’s note.—Amended to conform to the reordering of
 4481         definitions in s. 20.03 by this act.
 4482         Section 105. Subsection (9) of section 491.003, Florida
 4483  Statutes, is amended to read:
 4484         491.003 Definitions.—As used in this chapter:
 4485         (9) The term “practice of marriage and family therapy”
 4486  means the use of scientific and applied marriage and family
 4487  theories, methods, and procedures for the purpose of describing,
 4488  evaluating, and modifying marital, family, and individual
 4489  behavior, within the context of marital and family systems,
 4490  including the context of marital formation and dissolution, and
 4491  is based on marriage and family systems theory, marriage and
 4492  family development, human development, normal and abnormal
 4493  behavior, psychopathology, human sexuality, and
 4494  psychotherapeutic and marriage and family therapy theories and
 4495  techniques. The practice of marriage and family therapy includes
 4496  methods of a psychological nature used to evaluate, assess,
 4497  diagnose, treat, and prevent emotional and mental disorders or
 4498  dysfunctions (whether cognitive, affective, or behavioral),
 4499  sexual dysfunction, behavioral disorders, alcoholism, and
 4500  substance abuse. The practice of marriage and family therapy
 4501  includes, but is not limited to, marriage and family therapy,
 4502  psychotherapy, including behavioral family therapy,
 4503  hypnotherapy, and sex therapy. The practice of marriage and
 4504  family therapy also includes counseling, behavior modification,
 4505  consultation, client-centered advocacy, crisis intervention, and
 4506  the provision of needed information and education to clients,
 4507  when using methods of a psychological nature to evaluate,
 4508  assess, diagnose, treat, and prevent emotional and mental
 4509  disorders and dysfunctions (whether cognitive, affective, or
 4510  behavioral), sexual dysfunction, behavioral disorders,
 4511  alcoholism, or substance abuse. The practice of marriage and
 4512  family therapy may also include clinical research into more
 4513  effective psychotherapeutic modalities for the treatment and
 4514  prevention of such conditions.
 4515         (a) Marriage and family therapy may be rendered to
 4516  individuals, including individuals affected by termination of
 4517  marriage, to couples, whether married or unmarried, to families,
 4518  or to groups.
 4519         (b) The use of specific methods, techniques, or modalities
 4520  within the practice of marriage and family therapy is restricted
 4521  to marriage and family therapists appropriately trained in the
 4522  use of such methods, techniques, or modalities.
 4523         (c) The terms “diagnose” and “treat,” as used in this
 4524  chapter, when considered in isolation or in conjunction with the
 4525  rules of the board, may not be construed to permit the
 4526  performance of any act that marriage and family therapists are
 4527  not educated and trained to perform, including, but not limited
 4528  to, admitting persons to hospitals for treatment of the
 4529  foregoing conditions, treating persons in hospitals without
 4530  medical supervision, prescribing medicinal drugs as defined in
 4531  chapter 465, authorizing clinical laboratory procedures or
 4532  radiological procedures or the use of electroconvulsive therapy.
 4533  In addition, this definition may not be construed to permit any
 4534  person licensed, provisionally licensed, registered, or
 4535  certified pursuant to this chapter to describe or label any
 4536  test, report, or procedure as “psychological,” except to relate
 4537  specifically to the definition of practice authorized in this
 4538  subsection.
 4539         (d) The definition of “marriage and family therapy”
 4540  contained in this subsection includes all services offered
 4541  directly to the general public or through organizations, whether
 4542  public or private, and applies whether payment is requested or
 4543  received for services rendered.
 4544         Reviser’s note.—Amended to confirm an editorial insertion to
 4545         improve clarity.
 4546         Section 106. Subsection (6) of section 491.0045, Florida
 4547  Statutes, is amended to read:
 4548         491.0045 Intern registration; requirements.—
 4549         (6) A registration issued on or before March 31, 2017,
 4550  expires March 31, 2022, and may not be renewed or reissued. Any
 4551  registration issued after March 31, 2017, expires 60 months
 4552  after the date it is issued. The board may make a one-time
 4553  exception to the requirements of this subsection in emergency or
 4554  hardship cases, as defined by board rule, if the candidate has
 4555  passed the theory and practice examination described in s.
 4556  491.005(1)(d), (3)(d), and (4)(d).
 4557         Reviser’s note.—Amended to delete obsolete language.
 4558         Section 107. Paragraph (s) of subsection (1) of section
 4559  491.009, Florida Statutes, is amended to read:
 4560         491.009 Discipline.—
 4561         (1) The following acts constitute grounds for denial of a
 4562  license or disciplinary action, as specified in s. 456.072(2) or
 4563  s. 491.017:
 4564         (s) Delegating professional responsibilities to a person
 4565  who whom the licensee, registered intern, or certificateholder
 4566  knows or has reason to know is not qualified by training or
 4567  experience to perform such responsibilities.
 4568         Reviser’s note.—Amended to confirm an editorial substitution to
 4569         conform to context.
 4570         Section 108. Paragraph (i) of subsection (1) of section
 4571  497.260, Florida Statutes, is amended to read:
 4572         497.260 Cemeteries; exemption; investigation and
 4573  mediation.—
 4574         (1) The provisions of this chapter relating to cemeteries
 4575  and all rules adopted pursuant thereto shall apply to all
 4576  cemeteries except for:
 4577         (i) A columbarium consisting of 5 acres or less which is
 4578  located on the main campus of a state university as defined in
 4579  s. 1000.21(8) 1000.21(6). The university or university direct
 4580  support organization, as defined in s. 1004.28(1), which
 4581  establishes the columbarium shall ensure that the columbarium is
 4582  constructed and perpetually kept and maintained in a manner
 4583  consistent with subsection (2) and the intent of this chapter.
 4584         Reviser’s note.—Amended to conform to the reordering of
 4585         definitions in s. 1000.21 by this act.
 4586         Section 109. Subsections (20) through (23) and (26) through
 4587  (38) of section 550.002, Florida Statutes, are reordered and
 4588  amended to read:
 4589         550.002 Definitions.—As used in this chapter, the term:
 4590         (21)(20) “Operating day” means a continuous period of 24
 4591  hours starting with the beginning of the first performance of a
 4592  race or game, even though the operating day may start during one
 4593  calendar day and extend past midnight except that no jai alai
 4594  game may commence after 1:30 a.m.
 4595         (22)(21) “Pari-mutuel” or “pari-mutuel wagering” means a
 4596  system of betting on races or games in which the winners divide
 4597  the total amount bet, after deducting management expenses and
 4598  taxes, in proportion to the sums they have wagered individually
 4599  and with regard to the odds assigned to particular outcomes.
 4600         (23)(22) “Pari-mutuel facility” means the grounds or
 4601  property of a cardroom, racetrack, fronton, or other facility
 4602  used by a licensed permitholder.
 4603         (26)(23) “Permitholder” or “permittee” means a holder of a
 4604  permit to conduct pari-mutuel wagering in this state as
 4605  authorized in this chapter.
 4606         (27)(26) “Post time” means the time set for the arrival at
 4607  the starting point of the horses in a race or the beginning of a
 4608  game in jai alai.
 4609         (28)(27) “Purse” means the cash portion of the prize for
 4610  which a race or game is contested.
 4611         (29)(28) “Quarter horse” means a breed of horse developed
 4612  in the western United States which is capable of high speed for
 4613  a short distance and used in quarter horse racing registered
 4614  with the American Quarter Horse Association.
 4615         (30)(29) “Regular wagering” means contributions to pari
 4616  mutuel pools involving wagering on a single entry in a single
 4617  race, or a single jai alai player or team in a single game, such
 4618  as the win pool, the place pool, or the show pool.
 4619         (31)(30) “Same class of races, games, or permit” means,
 4620  with respect to a jai alai permitholder, jai alai games or other
 4621  jai alai permitholders; with respect to a greyhound
 4622  permitholder, other greyhound permitholders conducting pari
 4623  mutuel wagering; with respect to a thoroughbred permitholder,
 4624  thoroughbred races or other thoroughbred permitholders; with
 4625  respect to a harness permitholder, harness races or other
 4626  harness permitholders; with respect to a quarter horse
 4627  permitholder, quarter horse races or other quarter horse
 4628  permitholders.
 4629         (32)(31) “Simulcasting” means broadcasting events occurring
 4630  live at an in-state location to an out-of-state location, or
 4631  receiving at an in-state location events occurring live at an
 4632  out-of-state location, by the transmittal, retransmittal,
 4633  reception, and rebroadcast of television or radio signals by
 4634  wire, cable, satellite, microwave, or other electrical or
 4635  electronic means for receiving or rebroadcasting the events.
 4636         (33)(32) “Standardbred horse” means a pacing or trotting
 4637  horse that is used in harness racing and that has been
 4638  registered as a standardbred by the United States Trotting
 4639  Association or by a foreign registry whose stud book is
 4640  recognized by the United States Trotting Association.
 4641         (34)(33) “Takeout” means the percentage of the pari-mutuel
 4642  pools deducted by the permitholder prior to the distribution of
 4643  the pool.
 4644         (35)(34) “Thoroughbred” means a purebred horse whose
 4645  ancestry can be traced back to one of three foundation sires and
 4646  whose pedigree is registered in the American Stud Book or in a
 4647  foreign stud book that is recognized by the Jockey Club and the
 4648  International Stud Book Committee.
 4649         (36)(35) “Totalisator” means the computer system used to
 4650  accumulate wagers, record sales, calculate payoffs, and display
 4651  wagering data on a display device that is located at a pari
 4652  mutuel facility.
 4653         (37)(36) “Ultimate equitable owner” means a natural person
 4654  who, directly or indirectly, owns or controls 5 percent or more
 4655  of an ownership interest in a corporation, foreign corporation,
 4656  or alien business organization, regardless of whether such
 4657  person owns or controls such ownership through one or more
 4658  natural persons or one or more proxies, powers of attorney,
 4659  nominees, corporations, associations, partnerships, trusts,
 4660  joint stock companies, or other entities or devices, or any
 4661  combination thereof.
 4662         (38)(37) “Year,” for purposes of determining a full
 4663  schedule of live racing, means the state fiscal year.
 4664         (20)(38) “Net pool pricing” means a method of calculating
 4665  prices awarded to winning wagers relative to the contribution,
 4666  net of takeouts, to a pool by each participating jurisdiction
 4667  or, as applicable, site.
 4668         Reviser’s note.—Amended to place the definitions of subsections
 4669         (20) through (23) and (26) through (38) in alphabetical
 4670         order.
 4671         Section 110. Paragraph (b) of subsection (1) of section
 4672  550.01215, Florida Statutes, is amended to read:
 4673         550.01215 License application; periods of operation;
 4674  license fees; bond.—
 4675         (1) Each permitholder shall annually, during the period
 4676  between December 15 and January 4, file in writing with the
 4677  commission its application for an operating license for a pari
 4678  mutuel facility for the conduct of pari-mutuel wagering during
 4679  the next state fiscal year, including intertrack and simulcast
 4680  race wagering. Each application for live performances must
 4681  specify the number, dates, and starting times of all live
 4682  performances that the permitholder intends to conduct. It must
 4683  also specify which performances will be conducted as charity or
 4684  scholarship performances.
 4685         (b)1. A greyhound permitholder may not conduct live racing.
 4686  A jai alai permitholder, harness horse racing permitholder, or
 4687  quarter horse racing permitholder may elect not to conduct live
 4688  racing or games. A thoroughbred permitholder must conduct live
 4689  racing. A greyhound permitholder, jai alai permitholder, harness
 4690  horse racing permitholder, or quarter horse racing permitholder
 4691  that does not conduct live racing or games retains its permit;
 4692  is a pari-mutuel facility as defined in s. 550.002(23)
 4693  550.002(22); if such permitholder has been issued a slot machine
 4694  license, the facility where such permit is located remains an
 4695  eligible facility as defined in s. 551.102(4), continues to be
 4696  eligible for a slot machine license pursuant to s. 551.104(3),
 4697  and is exempt from ss. 551.104(4)(c) and (10) and 551.114(2); is
 4698  eligible, but not required, to be a guest track and, if the
 4699  permitholder is a harness horse racing permitholder, to be a
 4700  host track for purposes of intertrack wagering and simulcasting
 4701  pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and
 4702  remains eligible for a cardroom license.
 4703         2. A permitholder or licensee may not conduct live
 4704  greyhound racing or dogracing in connection with any wager for
 4705  money or any other thing of value in the state. The commission
 4706  may deny, suspend, or revoke any permit or license under this
 4707  chapter if a permitholder or licensee conducts live greyhound
 4708  racing or dogracing in violation of this subparagraph. In
 4709  addition to, or in lieu of, denial, suspension, or revocation of
 4710  such permit or license, the commission may impose a civil
 4711  penalty of up to $5,000 against the permitholder or licensee for
 4712  a violation of this subparagraph. All penalties imposed and
 4713  collected must be deposited with the Chief Financial Officer to
 4714  the credit of the General Revenue Fund.
 4715         Reviser’s note.—Amended to conform to the reordering of
 4716         definitions in s. 550.002 by this act.
 4717         Section 111. Paragraph (b) of subsection (7) of section
 4718  550.2625, Florida Statutes, is amended to read:
 4719         550.2625 Horseracing; minimum purse requirement, Florida
 4720  breeders’ and owners’ awards.—
 4721         (7)
 4722         (b) The commission shall deposit these collections to the
 4723  credit of the General Inspection Trust Fund in a special account
 4724  to be known as the “Florida Appaloosa Racing Promotion Account.”
 4725  The Department of Agriculture and Consumer Services shall
 4726  administer the funds and adopt suitable and reasonable rules for
 4727  the administration thereof. The moneys in the Florida Appaloosa
 4728  Racing Promotion Account shall be allocated solely for
 4729  supplementing and augmenting purses and prizes and for the
 4730  general promotion of owning and breeding of racing Appaloosas in
 4731  this state.; and The moneys may not be used to defray any
 4732  expense of the Department of Agriculture and Consumer Services
 4733  in the administration of this chapter.
 4734         Reviser’s note.—Amended to improve sentence structure.
 4735         Section 112. Subsection (1) of section 553.895, Florida
 4736  Statutes, is amended to read:
 4737         553.895 Firesafety.—
 4738         (1) Any transient public lodging establishment, as defined
 4739  in chapter 509 and used primarily for transient occupancy as
 4740  defined in s. 83.43(17) 83.43(10), or any timeshare unit of a
 4741  timeshare plan as defined in chapters 718 and 721, which is of
 4742  three stories or more and for which the construction contract
 4743  has been let after September 30, 1983, with interior corridors
 4744  which do not have direct access from the guest area to exterior
 4745  means of egress and on buildings over 75 feet in height that
 4746  have direct access from the guest area to exterior means of
 4747  egress and for which the construction contract has been let
 4748  after September 30, 1983, shall be equipped with an automatic
 4749  sprinkler system installed in compliance with the provisions
 4750  prescribed in the National Fire Protection Association
 4751  publication NFPA No. 13 (1985), “Standards for the Installation
 4752  of Sprinkler Systems.” Each guest room and each timeshare unit
 4753  shall be equipped with an approved listed single-station smoke
 4754  detector meeting the minimum requirements of NFPA 74 (1984)
 4755  “Standards for the Installation, Maintenance and Use of
 4756  Household Fire Warning Equipment,” powered from the building
 4757  electrical service, notwithstanding the number of stories in the
 4758  structure, if the contract for construction is let after
 4759  September 30, 1983. Single-station smoke detectors shall not be
 4760  required when guest rooms or timeshare units contain smoke
 4761  detectors connected to a central alarm system which also alarms
 4762  locally.
 4763         Reviser’s note.—Amended to conform to the reordering of
 4764         definitions in s. 83.43 by this act.
 4765         Section 113. Paragraph (c) of subsection (1) of section
 4766  560.141, Florida Statutes, is amended to read:
 4767         560.141 License application.—
 4768         (1) To apply for a license as a money services business
 4769  under this chapter, the applicant must submit:
 4770         (c) Fingerprints for each person listed in subparagraph
 4771  (a)3. for live-scan processing in accordance with rules adopted
 4772  by the commission.
 4773         1. The fingerprints may be submitted through a third-party
 4774  vendor authorized by the Department of Law Enforcement to
 4775  provide live-scan fingerprinting.
 4776         2. The Department of Law Enforcement must conduct the state
 4777  criminal history background check, and a federal criminal
 4778  history background check must be conducted through the Federal
 4779  Bureau of Investigation.
 4780         3. All fingerprints submitted to the Department of Law
 4781  Enforcement must be submitted electronically and entered into
 4782  the statewide automated fingerprint identification system
 4783  established in s. 943.05(2)(b) and available for use in
 4784  accordance with s. 943.05(2)(g) and (h). The office shall pay an
 4785  annual fee to the Department of Law Enforcement to participate
 4786  in the system and shall inform the Department of Law Enforcement
 4787  of any person whose fingerprints no longer must be retained.
 4788         4. The costs of fingerprint processing, including the cost
 4789  of retaining the fingerprints, shall be borne by the person
 4790  subject to the background check.
 4791         5. The office shall review the results of the state and
 4792  federal criminal history background checks and determine whether
 4793  the applicant meets licensure requirements.
 4794         6. For purposes of this paragraph, fingerprints are not
 4795  required to be submitted if the applicant is a publicly traded
 4796  corporation or is exempted from this chapter under s.
 4797  560.104(1).
 4798         7. Licensees initially approved before October 1, 2013, who
 4799  are seeking renewal must submit fingerprints for each person
 4800  listed in subparagraph (a)3. for live-scan processing pursuant
 4801  to this paragraph. Such fingerprints must be submitted before
 4802  renewing a license that is scheduled to expire between April 30,
 4803  2014, and December 31, 2015.
 4804         Reviser’s note.—Amended to delete an obsolete provision.
 4805         Section 114. Section 624.36, Florida Statutes, is amended
 4806  to read:
 4807         624.36 Availability of description of specified behavioral
 4808  health care benefits on department website Coverage of and
 4809  access to behavioral health care services; complaints;
 4810  reporting.—
 4811         (1) By January 31, 2022, the department shall submit a
 4812  report to the Governor, the President of the Senate, and the
 4813  Speaker of the House of Representatives relating to the
 4814  disposition of complaints received from insureds and subscribers
 4815  of insurers or health maintenance organizations regulated by the
 4816  office relating to the access to and affordability of behavioral
 4817  health care services and benefits during the prior calendar
 4818  year. At a minimum, the report must include all of the following
 4819  information:
 4820         (a) The total number of complaints received.
 4821         (b) The nature of the complaints, including, but not
 4822  limited to, concerns related to access to in-network providers
 4823  or facilities; access to inpatient or outpatient services;
 4824  availability of specialists; affordability of services;
 4825  equivalency of behavioral health care benefits with respect to
 4826  medical and surgical benefits; quality of care; and denial of
 4827  services, including the types of services denied and the stated
 4828  reason for the denials.
 4829         (c) The disposition of the complaints.
 4830         (d) Any recommendations made by the department to the
 4831  Legislature for ensuring the access to and affordability of
 4832  behavioral health care services to insureds and subscribers.
 4833         (2) The department shall make available on its website a
 4834  description of behavioral health care benefits required to be
 4835  made available pursuant to s. 627.668 and federal law for
 4836  individual and group policies and contracts.
 4837         Reviser’s note.—Amended to delete an obsolete provision; the
 4838         referenced plan was submitted to the recipients on January
 4839         21, 2022.
 4840         Section 115. Paragraph (h) of subsection (1) of section
 4841  626.321, Florida Statutes, is amended to read:
 4842         626.321 Limited licenses and registration.—
 4843         (1) The department shall issue to a qualified applicant a
 4844  license as agent authorized to transact a limited class of
 4845  business in any of the following categories of limited lines
 4846  insurance:
 4847         (h) Portable electronics insurance.—License for property
 4848  insurance or inland marine insurance that covers only loss,
 4849  theft, mechanical failure, malfunction, or damage for portable
 4850  electronics.
 4851         1. The license may be issued only to:
 4852         a. Employees or authorized representatives of a licensed
 4853  general lines agent; or
 4854         b. The lead business location of a retail vendor that sells
 4855  portable electronics insurance. The lead business location must
 4856  have a contractual relationship with a general lines agent.
 4857         2. Employees or authorized representatives of a licensee
 4858  under subparagraph 1. may sell or offer for sale portable
 4859  electronics coverage without being subject to licensure as an
 4860  insurance agent if:
 4861         a. Such insurance is sold or offered for sale at a licensed
 4862  location or at one of the licensee’s branch locations if the
 4863  branch location is appointed by the licensed lead business
 4864  location or its appointing insurers;
 4865         b. The insurer issuing the insurance directly supervises or
 4866  appoints a general lines agent to supervise the sale of such
 4867  insurance, including the development of a training program for
 4868  the employees and authorized representatives of vendors that are
 4869  directly engaged in the activity of selling or offering the
 4870  insurance; and
 4871         c. At each location where the insurance is offered,
 4872  brochures or other written materials that provide the
 4873  information required by this subparagraph are made available to
 4874  all prospective customers. The brochures or written materials
 4875  may include information regarding portable electronics
 4876  insurance, service warranty agreements, or other incidental
 4877  services or benefits offered by a licensee.
 4878         3. Individuals not licensed to sell portable electronics
 4879  insurance may not be paid commissions based on the sale of such
 4880  coverage. However, a licensee who uses a compensation plan for
 4881  employees and authorized representatives which includes
 4882  supplemental compensation for the sale of noninsurance products,
 4883  in addition to a regular salary or hourly wages, may include
 4884  incidental compensation for the sale of portable electronics
 4885  insurance as a component of the overall compensation plan.
 4886         4. Brochures or other written materials related to portable
 4887  electronics insurance must:
 4888         a. Disclose that such insurance may duplicate coverage
 4889  already provided by a customer’s homeowners insurance policy,
 4890  renters insurance policy, or other source of coverage;
 4891         b. State that enrollment in insurance coverage is not
 4892  required in order to purchase or lease portable electronics or
 4893  services;
 4894         c. Summarize the material terms of the insurance coverage,
 4895  including the identity of the insurer, the identity of the
 4896  supervising entity, the amount of any applicable deductible and
 4897  how it is to be paid, the benefits of coverage, and key terms
 4898  and conditions of coverage, such as whether portable electronics
 4899  may be repaired or replaced with similar make and model
 4900  reconditioned or nonoriginal manufacturer parts or equipment;
 4901         d. Summarize the process for filing a claim, including a
 4902  description of how to return portable electronics and the
 4903  maximum fee applicable if the customer fails to comply with
 4904  equipment return requirements; and
 4905         e. State that an enrolled customer may cancel coverage at
 4906  any time and that the person paying the premium will receive a
 4907  refund of any unearned premium.
 4908         5. A licensed and appointed general lines agent is not
 4909  required to obtain a portable electronics insurance license to
 4910  offer or sell portable electronics insurance at locations
 4911  already licensed as an insurance agency, but may apply for a
 4912  portable electronics insurance license for branch locations not
 4913  otherwise licensed to sell insurance.
 4914         6. A portable electronics license authorizes the sale of
 4915  individual policies or certificates under a group or master
 4916  insurance policy. The license also authorizes the sale of
 4917  service warranty agreements covering only portable electronics
 4918  to the same extent as if licensed under s. 634.419 or s.
 4919  634.420.
 4920         7. A licensee may bill and collect the premium for the
 4921  purchase of portable electronics insurance provided that:
 4922         a. If the insurance is included with the purchase or lease
 4923  of portable electronics or related services, the licensee
 4924  clearly and conspicuously discloses that insurance coverage is
 4925  included with the purchase. Disclosure of the stand-alone cost
 4926  of the premium for same or similar insurance must be made on the
 4927  customer’s bill and in any marketing materials made available at
 4928  the point of sale. If the insurance is not included, the charge
 4929  to the customer for the insurance must be separately itemized on
 4930  the customer’s bill.
 4931         b. Premiums are incidental to other fees collected, are
 4932  maintained in a manner that is readily identifiable, and are
 4933  accounted for and remitted to the insurer or supervising entity
 4934  within 60 days of receipt. Licensees are not required to
 4935  maintain such funds in a segregated account.
 4936         c. All funds received by a licensee from an enrolled
 4937  customer for the sale of the insurance are considered funds held
 4938  in trust by the licensee in a fiduciary capacity for the benefit
 4939  of the insurer. Licensees may receive compensation for billing
 4940  and collection services.
 4941         8. Notwithstanding any other provision of law, the terms
 4942  for the termination or modification of coverage under a policy
 4943  of portable electronics insurance are those set forth in the
 4944  policy.
 4945         9. Notice or correspondence required by the policy, or
 4946  otherwise required by law, may be provided by electronic means
 4947  if the insurer or licensee maintains proof that the notice or
 4948  correspondence was sent. Such notice or correspondence may be
 4949  sent on behalf of the insurer or licensee by the general lines
 4950  agent appointed by the insurer to supervise the administration
 4951  of the program. For purposes of this subparagraph, an enrolled
 4952  customer’s provision of an electronic mail address to the
 4953  insurer or licensee is deemed to be consent to receive notices
 4954  and correspondence by electronic means if a conspicuously
 4955  located disclosure is provided to the customer indicating the
 4956  same.
 4957         10. The fingerprinting fingerprints requirements in s.
 4958  626.171(4) do not apply to licenses issued to qualified entities
 4959  under this paragraph.
 4960         11. A branch location that sells portable electronics
 4961  insurance may, in lieu of obtaining an appointment from an
 4962  insurer or warranty association, obtain a single appointment
 4963  from the associated lead business location licensee and pay the
 4964  prescribed appointment fee under s. 624.501 if the lead business
 4965  location has a single appointment from each insurer or warranty
 4966  association represented and such appointment applies to the lead
 4967  business location and all of its branch locations. Branch
 4968  location appointments shall be renewed 24 months after the
 4969  initial appointment date of the lead business location and every
 4970  24 months thereafter. Notwithstanding s. 624.501, the renewal
 4971  fee applicable to such branch location appointments is $30 per
 4972  appointment.
 4973         12. For purposes of this paragraph:
 4974         a. “Branch location” means any physical location in this
 4975  state at which a licensee offers its products or services for
 4976  sale.
 4977         b. “Portable electronics” means personal, self-contained,
 4978  easily carried by an individual, battery-operated electronic
 4979  communication, viewing, listening, recording, gaming, computing
 4980  or global positioning devices, including cell or satellite
 4981  phones, pagers, personal global positioning satellite units,
 4982  portable computers, portable audio listening, video viewing or
 4983  recording devices, digital cameras, video camcorders, portable
 4984  gaming systems, docking stations, automatic answering devices,
 4985  and other similar devices and their accessories, and service
 4986  related to the use of such devices.
 4987         c. “Portable electronics transaction” means the sale or
 4988  lease of portable electronics or a related service, including
 4989  portable electronics insurance.
 4990         Reviser’s note.—Amended to confirm an editorial substitution to
 4991         conform to context.
 4992         Section 116. Subsections (2), (5), and (6) of section
 4993  626.9891, Florida Statutes, are amended to read:
 4994         626.9891 Insurer anti-fraud investigative units; reporting
 4995  requirements; penalties for noncompliance.—
 4996         (2) By December 31, 2017, Every insurer admitted to do
 4997  business in this state shall:
 4998         (a)1. Establish and maintain a designated anti-fraud unit
 4999  or division within the company to investigate and report
 5000  possible fraudulent insurance acts by insureds or by persons
 5001  making claims for services or repairs against policies held by
 5002  insureds; or
 5003         2. Contract with others to investigate and report possible
 5004  fraudulent insurance acts by insureds or by persons making
 5005  claims for services or repairs against policies held by
 5006  insureds.
 5007         (b) Adopt an anti-fraud plan.
 5008         (c) Designate at least one employee with primary
 5009  responsibility for implementing the requirements of this
 5010  section.
 5011         (d) Electronically file with the Division of Investigative
 5012  and Forensic Services of the department, and annually
 5013  thereafter, a detailed description of the designated anti-fraud
 5014  unit or division or a copy of the contract executed under
 5015  subparagraph (a)2., as applicable, a copy of the anti-fraud
 5016  plan, and the name of the employee designated under paragraph
 5017  (c).
 5018  
 5019  An insurer must include the additional cost incurred in creating
 5020  a distinct unit or division, hiring additional employees, or
 5021  contracting with another entity to fulfill the requirements of
 5022  this section, as an administrative expense for ratemaking
 5023  purposes.
 5024         (5) Each insurer is required to report data related to
 5025  fraud for each identified line of business written by the
 5026  insurer during the prior calendar year. The data shall be
 5027  reported to the department annually by March 1, 2019, and
 5028  annually thereafter, and must include, at a minimum:
 5029         (a) The number of policies in effect;
 5030         (b) The amount of premiums written for policies;
 5031         (c) The number of claims received;
 5032         (d) The number of claims referred to the anti-fraud
 5033  investigative unit;
 5034         (e) The number of other insurance fraud matters referred to
 5035  the anti-fraud investigative unit that were not claim related;
 5036         (f) The number of claims investigated or accepted by the
 5037  anti-fraud investigative unit;
 5038         (g) The number of other insurance fraud matters
 5039  investigated or accepted by the anti-fraud investigative unit
 5040  that were not claim related;
 5041         (h) The number of cases referred to the Division of
 5042  Investigative and Forensic Services;
 5043         (i) The number of cases referred to other law enforcement
 5044  agencies;
 5045         (j) The number of cases referred to other entities; and
 5046         (k) The estimated dollar amount or range of damages on
 5047  cases referred to the Division of Investigative and Forensic
 5048  Services or other agencies.
 5049         (6) In addition to providing information required under
 5050  subsections (2), (4), and (5), each insurer writing workers’
 5051  compensation insurance shall also report the following
 5052  information to the department, annually, on or before March 1,
 5053  2019, and annually thereafter:
 5054         (a) The estimated dollar amount of losses attributable to
 5055  workers’ compensation fraud delineated by the type of fraud,
 5056  including claimant, employer, provider, agent, or other type.
 5057         (b) The estimated dollar amount of recoveries attributable
 5058  to workers’ compensation fraud delineated by the type of fraud,
 5059  including claimant, employer, provider, agent, or other type.
 5060         (c) The number of cases referred to the Division of
 5061  Investigative and Forensic Services, delineated by the type of
 5062  fraud, including claimant, employer, provider, agent, or other
 5063  type.
 5064         Reviser’s note.—Amended to delete obsolete language.
 5065         Section 117. Subsection (1) of section 695.031, Florida
 5066  Statutes, is amended to read:
 5067         695.031 Affidavits and acknowledgments by members of armed
 5068  forces and their spouses.—
 5069         (1) In addition to the manner, form and proof of
 5070  acknowledgment of instruments as now provided by law, any person
 5071  serving in or with the Armed Forces of the United States,
 5072  including the Army, Navy, Air Force, Marine Corps, Space Force,
 5073  Coast Guard, or any component or any arm or service of any
 5074  thereof, including any female auxiliary of any thereof, and any
 5075  person whose duties require his or her presence with the Armed
 5076  Forces of the United States, as herein designated, or otherwise
 5077  designated by law or military or naval command, may acknowledge
 5078  any instrument, wherever located, either within or without the
 5079  state, or without the United States, before any commissioned
 5080  officer in active service of the Armed Forces of the United
 5081  States, as herein designated, or otherwise designated by law, or
 5082  military or naval command, or order, with the rank of second
 5083  lieutenant or higher in the Army, Air Force, Space Force, or
 5084  Marine Corps, or of any component or any arm or service of any
 5085  thereof, including any female auxiliary of any thereof, or
 5086  ensign or higher in the Navy or United States Coast Guard, or of
 5087  any component or any arm or service of either thereof, including
 5088  any female auxiliary of any thereof.
 5089         Reviser’s note.—Amended to delete obsolete language to conform
 5090         to the fact that female auxiliary forces no longer exist.
 5091         Section 118. Subsections (1) through (4) of section
 5092  705.101, Florida Statutes, are reordered and amended to read:
 5093         705.101 Definitions.—As used in this chapter:
 5094         (3)(1) “Local government” means the board of county
 5095  commissioners of a county or the commission or council of any
 5096  municipality in the county.
 5097         (4)(2) “Lost property” means all tangible personal property
 5098  which does not have an identifiable owner and which has been
 5099  mislaid on public property, upon a public conveyance, on
 5100  premises used at the time for business purposes, or in parks,
 5101  places of amusement, public recreation areas, or other places
 5102  open to the public in a substantially operable, functioning
 5103  condition or which has an apparent intrinsic value to the
 5104  rightful owner.
 5105         (1)(3) “Abandoned property” means all tangible personal
 5106  property that does not have an identifiable owner and that has
 5107  been disposed on public property in a wrecked, inoperative, or
 5108  partially dismantled condition or has no apparent intrinsic
 5109  value to the rightful owner. The term includes derelict vessels
 5110  as defined in s. 823.11 and vessels declared a public nuisance
 5111  pursuant to s. 327.73(1)(aa).
 5112         (2)(4) “Law enforcement officer” means any person who is
 5113  elected, appointed, or employed full time by any sheriff, any
 5114  municipality, or the state or any political subdivision thereof;
 5115  who is vested with authority to bear arms and make arrests; and
 5116  whose primary responsibility is the prevention and detection of
 5117  crime or the enforcement of the penal, criminal, traffic, or
 5118  highway laws of the state. This definition includes all
 5119  certified supervisory and command personnel whose duties
 5120  include, in whole or in part, the supervision, training,
 5121  guidance, and management responsibilities of full-time law
 5122  enforcement officers or auxiliary law enforcement officers but
 5123  does not include support personnel employed by the employing
 5124  agency.
 5125         Reviser’s note.—Amended to place the definitions of the section
 5126         in alphabetical order.
 5127         Section 119. Paragraph (d) of subsection (1) of section
 5128  718.501, Florida Statutes, is amended to read:
 5129         718.501 Authority, responsibility, and duties of Division
 5130  of Florida Condominiums, Timeshares, and Mobile Homes.—
 5131         (1) The division may enforce and ensure compliance with
 5132  this chapter and rules relating to the development,
 5133  construction, sale, lease, ownership, operation, and management
 5134  of residential condominium units and complaints related to the
 5135  procedural completion of milestone inspections under s. 553.899.
 5136  In performing its duties, the division has complete jurisdiction
 5137  to investigate complaints and enforce compliance with respect to
 5138  associations that are still under developer control or the
 5139  control of a bulk assignee or bulk buyer pursuant to part VII of
 5140  this chapter and complaints against developers, bulk assignees,
 5141  or bulk buyers involving improper turnover or failure to
 5142  turnover, pursuant to s. 718.301. However, after turnover has
 5143  occurred, the division has jurisdiction to investigate
 5144  complaints related only to financial issues, elections, and the
 5145  maintenance of and unit owner access to association records
 5146  under s. 718.111(12), and the procedural completion of
 5147  structural integrity reserve studies under s. 718.112(2)(g).
 5148         (d) Notwithstanding any remedies available to unit owners
 5149  and associations, if the division has reasonable cause to
 5150  believe that a violation of any provision of this chapter or
 5151  related rule has occurred, the division may institute
 5152  enforcement proceedings in its own name against any developer,
 5153  bulk assignee, bulk buyer, association, officer, or member of
 5154  the board of administration, or its assignees or agents, as
 5155  follows:
 5156         1. The division may permit a person whose conduct or
 5157  actions may be under investigation to waive formal proceedings
 5158  and enter into a consent proceeding whereby orders, rules, or
 5159  letters of censure or warning, whether formal or informal, may
 5160  be entered against the person.
 5161         2. The division may issue an order requiring the developer,
 5162  bulk assignee, bulk buyer, association, developer-designated
 5163  officer, or developer-designated member of the board of
 5164  administration, developer-designated assignees or agents, bulk
 5165  assignee-designated assignees or agents, bulk buyer-designated
 5166  assignees or agents, community association manager, or community
 5167  association management firm to cease and desist from the
 5168  unlawful practice and take such affirmative action as in the
 5169  judgment of the division carry out the purposes of this chapter.
 5170  If the division finds that a developer, bulk assignee, bulk
 5171  buyer, association, officer, or member of the board of
 5172  administration, or its assignees or agents, is violating or is
 5173  about to violate any provision of this chapter, any rule adopted
 5174  or order issued by the division, or any written agreement
 5175  entered into with the division, and presents an immediate danger
 5176  to the public requiring an immediate final order, it may issue
 5177  an emergency cease and desist order reciting with particularity
 5178  the facts underlying such findings. The emergency cease and
 5179  desist order is effective for 90 days. If the division begins
 5180  nonemergency cease and desist proceedings, the emergency cease
 5181  and desist order remains effective until the conclusion of the
 5182  proceedings under ss. 120.569 and 120.57.
 5183         3. If a developer, bulk assignee, or bulk buyer fails to
 5184  pay any restitution determined by the division to be owed, plus
 5185  any accrued interest at the highest rate permitted by law,
 5186  within 30 days after expiration of any appellate time period of
 5187  a final order requiring payment of restitution or the conclusion
 5188  of any appeal thereof, whichever is later, the division must
 5189  bring an action in circuit or county court on behalf of any
 5190  association, class of unit owners, lessees, or purchasers for
 5191  restitution, declaratory relief, injunctive relief, or any other
 5192  available remedy. The division may also temporarily revoke its
 5193  acceptance of the filing for the developer to which the
 5194  restitution relates until payment of restitution is made.
 5195         4. The division may petition the court for appointment of a
 5196  receiver or conservator. If appointed, the receiver or
 5197  conservator may take action to implement the court order to
 5198  ensure the performance of the order and to remedy any breach
 5199  thereof. In addition to all other means provided by law for the
 5200  enforcement of an injunction or temporary restraining order, the
 5201  circuit court may impound or sequester the property of a party
 5202  defendant, including books, papers, documents, and related
 5203  records, and allow the examination and use of the property by
 5204  the division and a court-appointed receiver or conservator.
 5205         5. The division may apply to the circuit court for an order
 5206  of restitution whereby the defendant in an action brought under
 5207  subparagraph 4. is ordered to make restitution of those sums
 5208  shown by the division to have been obtained by the defendant in
 5209  violation of this chapter. At the option of the court, such
 5210  restitution is payable to the conservator or receiver appointed
 5211  under subparagraph 4. or directly to the persons whose funds or
 5212  assets were obtained in violation of this chapter.
 5213         6. The division may impose a civil penalty against a
 5214  developer, bulk assignee, or bulk buyer, or association, or its
 5215  assignee or agent, for any violation of this chapter or related
 5216  rule. The division may impose a civil penalty individually
 5217  against an officer or board member who willfully and knowingly
 5218  violates this chapter, an adopted rule, or a final order of the
 5219  division; may order the removal of such individual as an officer
 5220  or from the board of administration or as an officer of the
 5221  association; and may prohibit such individual from serving as an
 5222  officer or on the board of a community association for a period
 5223  of time. The term “willfully and knowingly” means that the
 5224  division informed the officer or board member that his or her
 5225  action or intended action violates this chapter, a rule adopted
 5226  under this chapter, or a final order of the division and that
 5227  the officer or board member refused to comply with the
 5228  requirements of this chapter, a rule adopted under this chapter,
 5229  or a final order of the division. The division, before
 5230  initiating formal agency action under chapter 120, must afford
 5231  the officer or board member an opportunity to voluntarily
 5232  comply, and an officer or board member who complies within 10
 5233  days is not subject to a civil penalty. A penalty may be imposed
 5234  on the basis of each day of continuing violation, but the
 5235  penalty for any offense may not exceed $5,000. The division
 5236  shall adopt, by rule, penalty guidelines applicable to possible
 5237  violations or to categories of violations of this chapter or
 5238  rules adopted by the division. The guidelines must specify a
 5239  meaningful range of civil penalties for each such violation of
 5240  the statute and rules and must be based upon the harm caused by
 5241  the violation, upon the repetition of the violation, and upon
 5242  such other factors deemed relevant by the division. For example,
 5243  the division may consider whether the violations were committed
 5244  by a developer, bulk assignee, or bulk buyer, or owner
 5245  controlled association, the size of the association, and other
 5246  factors. The guidelines must designate the possible mitigating
 5247  or aggravating circumstances that justify a departure from the
 5248  range of penalties provided by the rules. It is the legislative
 5249  intent that minor violations be distinguished from those which
 5250  endanger the health, safety, or welfare of the condominium
 5251  residents or other persons and that such guidelines provide
 5252  reasonable and meaningful notice to the public of likely
 5253  penalties that may be imposed for proscribed conduct. This
 5254  subsection does not limit the ability of the division to
 5255  informally dispose of administrative actions or complaints by
 5256  stipulation, agreed settlement, or consent order. All amounts
 5257  collected shall be deposited with the Chief Financial Officer to
 5258  the credit of the Division of Florida Condominiums, Timeshares,
 5259  and Mobile Homes Trust Fund. If a developer, bulk assignee, or
 5260  bulk buyer fails to pay the civil penalty and the amount deemed
 5261  to be owed to the association, the division shall issue an order
 5262  directing that such developer, bulk assignee, or bulk buyer
 5263  cease and desist from further operation until such time as the
 5264  civil penalty is paid or may pursue enforcement of the penalty
 5265  in a court of competent jurisdiction. If an association fails to
 5266  pay the civil penalty, the division shall pursue enforcement in
 5267  a court of competent jurisdiction, and the order imposing the
 5268  civil penalty or the cease and desist order is not effective
 5269  until 20 days after the date of such order. Any action commenced
 5270  by the division shall be brought in the county in which the
 5271  division has its executive offices or in the county where the
 5272  violation occurred.
 5273         7. If a unit owner presents the division with proof that
 5274  the unit owner has requested access to official records in
 5275  writing by certified mail, and that after 10 days the unit owner
 5276  again made the same request for access to official records in
 5277  writing by certified mail, and that more than 10 days has
 5278  elapsed since the second request and the association has still
 5279  failed or refused to provide access to official records as
 5280  required by this chapter, the division shall issue a subpoena
 5281  requiring production of the requested records where the records
 5282  are kept pursuant to s. 718.112.
 5283         8. In addition to subparagraph 6., the division may seek
 5284  the imposition of a civil penalty through the circuit court for
 5285  any violation for which the division may issue a notice to show
 5286  cause under paragraph (r). The civil penalty shall be at least
 5287  $500 but no more than $5,000 for each violation. The court may
 5288  also award to the prevailing party court costs and reasonable
 5289  attorney fees and, if the division prevails, may also award
 5290  reasonable costs of investigation.
 5291         Reviser’s note.—Amended to confirm an editorial insertion to
 5292         improve clarity and for consistency with the rest of the
 5293         sentence.
 5294         Section 120. Paragraph (d) of subsection (1) of section
 5295  719.501, Florida Statutes, is amended to read:
 5296         719.501 Powers and duties of Division of Florida
 5297  Condominiums, Timeshares, and Mobile Homes.—
 5298         (1) The Division of Florida Condominiums, Timeshares, and
 5299  Mobile Homes of the Department of Business and Professional
 5300  Regulation, referred to as the “division” in this part, in
 5301  addition to other powers and duties prescribed by chapter 718,
 5302  has the power to enforce and ensure compliance with this chapter
 5303  and adopted rules relating to the development, construction,
 5304  sale, lease, ownership, operation, and management of residential
 5305  cooperative units; complaints related to the procedural
 5306  completion of the structural integrity reserve studies under s.
 5307  719.106(1)(k); and complaints related to the procedural
 5308  completion of milestone inspections under s. 553.899. In
 5309  performing its duties, the division shall have the following
 5310  powers and duties:
 5311         (d) Notwithstanding any remedies available to unit owners
 5312  and associations, if the division has reasonable cause to
 5313  believe that a violation of any provision of this chapter or
 5314  related rule has occurred, the division may institute
 5315  enforcement proceedings in its own name against a developer,
 5316  association, officer, or member of the board, or its assignees
 5317  or agents, as follows:
 5318         1. The division may permit a person whose conduct or
 5319  actions may be under investigation to waive formal proceedings
 5320  and enter into a consent proceeding whereby orders, rules, or
 5321  letters of censure or warning, whether formal or informal, may
 5322  be entered against the person.
 5323         2. The division may issue an order requiring the developer,
 5324  association, officer, or member of the board, or its assignees
 5325  or agents, to cease and desist from the unlawful practice and
 5326  take such affirmative action as in the judgment of the division
 5327  will carry out the purposes of this chapter. Such affirmative
 5328  action may include, but is not limited to, an order requiring a
 5329  developer to pay moneys determined to be owed to a condominium
 5330  association.
 5331         3. The division may bring an action in circuit court on
 5332  behalf of a class of unit owners, lessees, or purchasers for
 5333  declaratory relief, injunctive relief, or restitution.
 5334         4. The division may impose a civil penalty against a
 5335  developer or association, or its assignees or agents, for any
 5336  violation of this chapter or related rule. The division may
 5337  impose a civil penalty individually against any officer or board
 5338  member who willfully and knowingly violates a provision of this
 5339  chapter, a rule adopted pursuant to this chapter, or a final
 5340  order of the division. The term “willfully and knowingly” means
 5341  that the division informed the officer or board member that his
 5342  or her action or intended action violates this chapter, a rule
 5343  adopted under this chapter, or a final order of the division,
 5344  and that the officer or board member refused to comply with the
 5345  requirements of this chapter, a rule adopted under this chapter,
 5346  or a final order of the division. The division, prior to
 5347  initiating formal agency action under chapter 120, shall afford
 5348  the officer or board member an opportunity to voluntarily comply
 5349  with this chapter, a rule adopted under this chapter, or a final
 5350  order of the division. An officer or board member who complies
 5351  within 10 days is not subject to a civil penalty. A penalty may
 5352  be imposed on the basis of each day of continuing violation, but
 5353  in no event shall the penalty for any offense exceed $5,000. By
 5354  January 1, 1998, The division shall adopt, by rule, penalty
 5355  guidelines applicable to possible violations or to categories of
 5356  violations of this chapter or rules adopted by the division. The
 5357  guidelines must specify a meaningful range of civil penalties
 5358  for each such violation of the statute and rules and must be
 5359  based upon the harm caused by the violation, upon the repetition
 5360  of the violation, and upon such other factors deemed relevant by
 5361  the division. For example, the division may consider whether the
 5362  violations were committed by a developer or owner-controlled
 5363  association, the size of the association, and other factors. The
 5364  guidelines must designate the possible mitigating or aggravating
 5365  circumstances that justify a departure from the range of
 5366  penalties provided by the rules. It is the legislative intent
 5367  that minor violations be distinguished from those which endanger
 5368  the health, safety, or welfare of the cooperative residents or
 5369  other persons and that such guidelines provide reasonable and
 5370  meaningful notice to the public of likely penalties that may be
 5371  imposed for proscribed conduct. This subsection does not limit
 5372  the ability of the division to informally dispose of
 5373  administrative actions or complaints by stipulation, agreed
 5374  settlement, or consent order. All amounts collected shall be
 5375  deposited with the Chief Financial Officer to the credit of the
 5376  Division of Florida Condominiums, Timeshares, and Mobile Homes
 5377  Trust Fund. If a developer fails to pay the civil penalty, the
 5378  division shall thereupon issue an order directing that such
 5379  developer cease and desist from further operation until such
 5380  time as the civil penalty is paid or may pursue enforcement of
 5381  the penalty in a court of competent jurisdiction. If an
 5382  association fails to pay the civil penalty, the division shall
 5383  thereupon pursue enforcement in a court of competent
 5384  jurisdiction, and the order imposing the civil penalty or the
 5385  cease and desist order shall not become effective until 20 days
 5386  after the date of such order. Any action commenced by the
 5387  division shall be brought in the county in which the division
 5388  has its executive offices or in the county where the violation
 5389  occurred.
 5390         Reviser’s note.—Amended to delete obsolete language and to
 5391         confirm an editorial insertion to improve clarity and for
 5392         consistency with the rest of the sentence.
 5393         Section 121. Paragraph (b) of subsection (2) of section
 5394  720.304, Florida Statutes, is amended to read:
 5395         720.304 Right of owners to peaceably assemble; display of
 5396  flag; SLAPP suits prohibited.—
 5397         (2)
 5398         (b) Any homeowner may erect a freestanding flagpole no more
 5399  than 20 feet high on any portion of the homeowner’s real
 5400  property, regardless of any covenants, restrictions, bylaws,
 5401  rules, or requirements of the association, if the flagpole does
 5402  not obstruct sightlines at intersections and is not erected
 5403  within or upon an easement. The homeowner may further display in
 5404  a respectful manner from that flagpole, regardless of any
 5405  covenants, restrictions, bylaws, rules, or requirements of the
 5406  association, one official United States flag, not larger than 4
 5407  1/2 feet by 6 feet, and may additionally display one official
 5408  flag of the State of Florida or the United States Army, Navy,
 5409  Air Force, Marines, Space Force, or Coast Guard, or a POW-MIA
 5410  flag. Such additional flag must be equal in size to or smaller
 5411  than the United States flag. The flagpole and display are
 5412  subject to all building codes, zoning setbacks, and other
 5413  applicable governmental regulations, including, but not limited
 5414  to, noise and lighting ordinances in the county or municipality
 5415  in which the flagpole is erected and all setback and locational
 5416  criteria contained in the governing documents.
 5417         Reviser’s note.—Amended to confirm an editorial insertion to
 5418         conform to the amendment by s. 19, ch. 2022-183, Laws of
 5419         Florida, which added Space Force to the list of United
 5420         States entities for which homeowners may display an
 5421         official flag in paragraph (2)(a).
 5422         Section 122. Paragraphs (b) and (c) of subsection (1) of
 5423  section 741.313, Florida Statutes, are amended to read:
 5424         741.313 Unlawful action against employees seeking
 5425  protection.—
 5426         (1) As used in this section, the term:
 5427         (b) “Employee” has the same meaning as in s. 440.02(18)
 5428  440.02(15).
 5429         (c) “Employer” has the same meaning as in s. 440.02(19)
 5430  440.02(16).
 5431         Reviser’s note.—Amended to conform to the reordering of
 5432         definitions in s. 440.02 by this act.
 5433         Section 123. Paragraphs (b) and (c) of subsection (3) of
 5434  section 744.2111, Florida Statutes, are amended to read:
 5435         744.2111 Confidentiality.—
 5436         (3) This section does not prohibit the department from
 5437  providing such information:
 5438         (b) To any other regulatory agency in the performance of
 5439  its official duties and responsibilities;
 5440         (c) To the clerk of the circuit court under s. 744.368; or
 5441         Reviser’s note.—Amended to confirm an editorial insertion to
 5442         improve clarity.
 5443         Section 124. Paragraph (e) of subsection (3) of section
 5444  766.105, Florida Statutes, is amended to read:
 5445         766.105 Florida Patient’s Compensation Fund.—
 5446         (3) THE FUND.—
 5447         (e) Fund accounting and audit.—
 5448         1. Money shall be withdrawn from the fund only upon a
 5449  voucher as authorized by the Chief Financial Officer or his or
 5450  her designee.
 5451         2. All books, records, and audits of the fund shall be open
 5452  for reasonable inspection to the general public, except that a
 5453  claim file in possession of the fund, fund members, and their
 5454  insurers is confidential and exempt from the provisions of s.
 5455  119.07(1) and s. 24(a), Art. I of the State Constitution until
 5456  termination of litigation or settlement of the claim, although
 5457  medical records and other portions of the claim file may remain
 5458  confidential and exempt as otherwise provided by law. Any book,
 5459  record, document, audit, or asset acquired by, prepared for, or
 5460  paid for by the fund is subject to the authority of the Chief
 5461  Financial Officer or his or her designee, who which shall be
 5462  responsible therefor.
 5463         3. Persons authorized to receive deposits, issue vouchers,
 5464  or withdraw or otherwise disburse any fund moneys shall post a
 5465  blanket fidelity bond in an amount reasonably sufficient to
 5466  protect fund assets. The cost of such bond shall be paid from
 5467  the fund.
 5468         4. Annually, the fund shall furnish, upon request, audited
 5469  financial reports to any fund participant and to the Office of
 5470  Insurance Regulation and the Joint Legislative Auditing
 5471  Committee. The reports shall be prepared in accordance with
 5472  accepted accounting procedures and shall include income and such
 5473  other information as may be required by the Office of Insurance
 5474  Regulation or the Joint Legislative Auditing Committee.
 5475         5. Any money held in the fund shall be invested in
 5476  interest-bearing investments. However, in no case may any such
 5477  money be invested in the stock of any insurer participating in
 5478  the Joint Underwriting Association authorized by s. 627.351(4)
 5479  or in the parent company of, or company owning a controlling
 5480  interest in, such insurer. All income derived from such
 5481  investments shall be credited to the fund.
 5482         6. Any health care provider participating in the fund may
 5483  withdraw from such participation only at the end of a fiscal
 5484  year; however, such health care provider shall remain subject to
 5485  any assessment or any refund pertaining to any year in which
 5486  such member participated in the fund.
 5487         Reviser’s note.—Amended to confirm an editorial substitution to
 5488         conform to context.
 5489         Section 125. Paragraph (f) of subsection (10) of section
 5490  768.28, Florida Statutes, is amended to read:
 5491         768.28 Waiver of sovereign immunity in tort actions;
 5492  recovery limits; civil liability for damages caused during a
 5493  riot; limitation on attorney fees; statute of limitations;
 5494  exclusions; indemnification; risk management programs.—
 5495         (10)
 5496         (f) For purposes of this section, any nonprofit independent
 5497  college or university located and chartered in this state which
 5498  owns or operates an accredited medical school, or any of its
 5499  employees or agents, and which has agreed in an affiliation
 5500  agreement or other contract to provide, or permit its employees
 5501  or agents to provide, patient services as agents of a teaching
 5502  hospital, is considered an agent of the teaching hospital while
 5503  acting within the scope of and pursuant to guidelines
 5504  established in the affiliation agreement or other contract. To
 5505  the extent allowed by law, the contract must provide for the
 5506  indemnification of the teaching hospital, up to the limits set
 5507  out in this chapter, by the agent for any liability incurred
 5508  which was caused by the negligence of the college or university
 5509  or its employees or agents. The contract must also provide that
 5510  those limited portions of the college, university, or medical
 5511  school which are directly providing services pursuant to the
 5512  contract and which are considered an agent of the teaching
 5513  hospital for purposes of this section are deemed to be acting on
 5514  behalf of a public agency as defined in s. 119.011(2).
 5515         1. For purposes of this paragraph, the term:
 5516         a. “Employee or agent” means an officer, employee, agent,
 5517  or servant of a nonprofit independent college or university
 5518  located and chartered in this state which owns or operates an
 5519  accredited medical school, including, but not limited to, the
 5520  faculty of the medical school, any health care practitioner or
 5521  licensee as defined in s. 456.001 for which the college or
 5522  university is vicariously liable, and the staff or
 5523  administrators of the medical school.
 5524         b. “Patient services” means mean:
 5525         (I) Comprehensive health care services as defined in s.
 5526  641.19, including any related administrative service, provided
 5527  to patients in a teaching hospital;
 5528         (II) Training and supervision of interns, residents, and
 5529  fellows providing patient services in a teaching hospital; or
 5530         (III) Training and supervision of medical students in a
 5531  teaching hospital.
 5532         c. “Teaching hospital” means a teaching hospital as defined
 5533  in s. 408.07 which is owned or operated by the state, a county
 5534  or municipality, a public health trust, a special taxing
 5535  district, a governmental entity having health care
 5536  responsibilities, or a not-for-profit entity that operates such
 5537  facility as an agent of the state, or a political subdivision of
 5538  the state, under a lease or other contract.
 5539         2. The teaching hospital or the medical school, or its
 5540  employees or agents, must provide notice to each patient, or the
 5541  patient’s legal representative, that the college or university
 5542  that owns or operates the medical school and the employees or
 5543  agents of that college or university are acting as agents of the
 5544  teaching hospital and that the exclusive remedy for injury or
 5545  damage suffered as the result of any act or omission of the
 5546  teaching hospital, the college or university that owns or
 5547  operates the medical school, or the employees or agents of the
 5548  college or university, while acting within the scope of duties
 5549  pursuant to the affiliation agreement or other contract with a
 5550  teaching hospital, is by commencement of an action pursuant to
 5551  the provisions of this section. This notice requirement may be
 5552  met by posting the notice in a place conspicuous to all persons.
 5553         3. This paragraph does not designate any employee providing
 5554  contracted patient services in a teaching hospital as an
 5555  employee or agent of the state for purposes of chapter 440.
 5556         Reviser’s note.—Amended to conform to context.
 5557         Section 126. Paragraphs (a), (b), and (d) of subsection (1)
 5558  of section 796.07, Florida Statutes, are reordered and amended
 5559  to read:
 5560         796.07 Prohibiting prostitution and related acts.—
 5561         (1) As used in this section:
 5562         (b)(a) “Female genitals” includes the labia minora, labia
 5563  majora, clitoris, vulva, hymen, and vagina.
 5564         (d)(b) “Prostitution” means the giving or receiving of the
 5565  body for sexual activity for hire but excludes sexual activity
 5566  between spouses.
 5567         (a)(d) “Assignation” means the making of any appointment or
 5568  engagement for prostitution or lewdness, or any act in
 5569  furtherance of such appointment or engagement.
 5570         Reviser’s note.—Amended to place the definitions in subsection
 5571         (1) in alphabetical order.
 5572         Section 127. Subsection (2) of section 815.062, Florida
 5573  Statutes, is amended to read:
 5574         815.062 Offenses against governmental entities.—
 5575         (2) A person who willfully, knowingly, and without
 5576  authorization introduces a computer contaminant that gains
 5577  unauthorized access to, encrypts, modifies, or otherwise renders
 5578  unavailable data, programs, or supporting documentation residing
 5579  or existing within a computer, computer system, computer
 5580  network, or electronic device owned or operated by a
 5581  governmental entity and demands a ransom to prevent the
 5582  publication of or to restore access to the data, programs, or
 5583  supporting documentation or to otherwise remediate the impact of
 5584  the computer contaminant commits a felony of the first degree,
 5585  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 5586         Reviser’s note.—Amended to confirm an editorial insertion to
 5587         improve clarity.
 5588         Section 128. Section 907.044, Florida Statutes, is amended
 5589  to read:
 5590         907.044 Annual study of pretrial release program
 5591  effectiveness and cost efficiency.—The Office of Program Policy
 5592  Analysis and Government Accountability shall conduct an annual
 5593  study to evaluate the effectiveness and cost efficiency of
 5594  pretrial release programs in this state. The study’s scope shall
 5595  include, but need not be limited to, gathering information
 5596  pertaining to the funding sources of each pretrial release
 5597  program, the nature of criminal convictions of defendants
 5598  accepted into the programs, the number of failed court
 5599  appearances by defendants accepted into each program, and the
 5600  number of warrants issued subsequently for by defendants in each
 5601  program, as well as the program’s compliance with the provisions
 5602  of this section. OPPAGA shall submit a report to the President
 5603  of the Senate and the Speaker of the House of Representatives by
 5604  January 1 of each year.
 5605         Reviser’s note.—Amended to conform to context.
 5606         Section 129. Subsection (13) of section 943.10, Florida
 5607  Statutes, is amended to read:
 5608         943.10 Definitions; ss. 943.085-943.255.—The following
 5609  words and phrases as used in ss. 943.085-943.255 are defined as
 5610  follows:
 5611         (13) “Head of the department” means the Governor and
 5612  Cabinet, as provided for in ss. 20.201 and 20.03(11) 20.03(4).
 5613         Reviser’s note.—Amended to conform to the reordering of
 5614         definitions in s. 20.03 by this act.
 5615         Section 130. Subsection (6) of section 943.13, Florida
 5616  Statutes, is amended to read:
 5617         943.13 Officers’ minimum qualifications for employment or
 5618  appointment.—On or after October 1, 1984, any person employed or
 5619  appointed as a full-time, part-time, or auxiliary law
 5620  enforcement officer or correctional officer; on or after October
 5621  1, 1986, any person employed as a full-time, part-time, or
 5622  auxiliary correctional probation officer; and on or after
 5623  October 1, 1986, any person employed as a full-time, part-time,
 5624  or auxiliary correctional officer by a private entity under
 5625  contract to the Department of Corrections, to a county
 5626  commission, or to the Department of Management Services shall:
 5627         (6)(a) Have passed a physical examination by a licensed
 5628  physician, physician assistant, or licensed advanced practice
 5629  registered nurse, based on specifications established by the
 5630  commission. In order to be eligible for the presumption set
 5631  forth in s. 112.18 while employed with an employing agency, a
 5632  law enforcement officer, correctional officer, or correctional
 5633  probation officer must have successfully passed the physical
 5634  examination required by this subsection upon entering into
 5635  service as a law enforcement officer, correctional officer, or
 5636  correctional probation officer with the employing agency, which
 5637  examination must have failed to reveal any evidence of
 5638  tuberculosis, heart disease, or hypertension. A law enforcement
 5639  officer, correctional officer, or correctional probation officer
 5640  may not use a physical examination from a former employing
 5641  agency for purposes of claiming the presumption set forth in s.
 5642  112.18 against the current employing agency.
 5643         (b) The employing agency must maintain records of the
 5644  physical examination for at least 5 years after the employee’s
 5645  separation from the employing agency. If the employing agency
 5646  fails to maintain the records of the physical examination for
 5647  the 5-year period after the employee’s separation, it is
 5648  presumed that the employee has met the requirements of this
 5649  subsection paragraph (a).
 5650         Reviser’s note.—Amended to confirm the editorial deletion of
 5651         paragraph designators incident to compiling the 2022
 5652         Florida Statutes; the language in paragraph (b) is a
 5653         continuation of that in paragraph (a) and does not connect
 5654         directly to the section’s introductory paragraph. An
 5655         editorial substitution is confirmed to conform to the
 5656         deletion of paragraph subunits.
 5657         Section 131. Subsection (2) of section 946.502, Florida
 5658  Statutes, is amended to read:
 5659         946.502 Legislative intent with respect to operation of
 5660  correctional work programs.—
 5661         (2) It is further the intent of the Legislature that, once
 5662  one such nonprofit corporation is organized, no other nonprofit
 5663  corporation be organized for the purpose of carrying out this
 5664  part. In carrying out this part, the corporation is not an
 5665  “agency” within the meaning of s. 20.03(1) 20.03(11).
 5666         Reviser’s note.—Amended to conform to the reordering of
 5667         definitions in s. 20.03 by this act.
 5668         Section 132. Paragraphs (b) and (c) of subsection (1) of
 5669  section 951.23, Florida Statutes, are reordered and amended to
 5670  read:
 5671         951.23 County and municipal detention facilities;
 5672  definitions; administration; standards and requirements.—
 5673         (1) DEFINITIONS.—As used in this section, the term:
 5674         (c)(b) “County residential probation center” means a
 5675  county-operated facility housing offenders serving misdemeanor
 5676  sentences or first-time felony sentences. Such facilities shall
 5677  provide or contract for the provision of the programs
 5678  established under s. 951.231.
 5679         (b)(c) “County prisoner” means a person who is detained in
 5680  a county detention facility by reason of being charged with or
 5681  convicted of either felony or misdemeanor.
 5682         Reviser’s note.—Amended to place the definitions in subsection
 5683         (1) in alphabetical order.
 5684         Section 133. Subsection (2) of section 960.0021, Florida
 5685  Statutes, is amended to read:
 5686         960.0021 Legislative intent; advisement to victims.—
 5687         (2) The courts may fulfill their obligation to advise crime
 5688  victims by doing one of the following:
 5689         (a) Making the following announcement at any arraignment,
 5690  sentencing, or case-management proceeding:
 5691  
 5692         “If you are the victim of a crime with a case pending
 5693         before this court, you are advised that you have the
 5694         right, upon request:
 5695         1. To be informed.
 5696         2. To be present.
 5697         3. To be heard at all stages of criminal
 5698         proceedings.
 5699         4. To receive advance notification, when
 5700         possible, of judicial proceedings and notification of
 5701         scheduling changes, pursuant to section 960.001,
 5702         Florida Statutes.
 5703         5. To seek crimes compensation and restitution.
 5704         6. To consult with the state attorney’s office in
 5705         certain felony cases regarding the disposition of the
 5706         case.
 5707         7. To make an oral or written victim impact
 5708         statement at the time of sentencing of a defendant.
 5709  
 5710         For further information regarding additional rights
 5711         afforded to victims of crime, you may contact the
 5712         state attorney’s office or obtain a listing of your
 5713         rights from the Clerk of Court.”
 5714  ; or
 5715         (b) Displaying prominently on the courtroom doors posters
 5716  giving notification of the existence and general provisions of
 5717  this chapter. The Department of Legal Affairs shall provide the
 5718  courts with the posters specified by this paragraph.
 5719         Reviser’s note.—Amended to improve subsection structure.
 5720         Section 134. Paragraph (b) of subsection (1) of section
 5721  961.06, Florida Statutes, is amended to read:
 5722         961.06 Compensation for wrongful incarceration.—
 5723         (1) Except as otherwise provided in this act and subject to
 5724  the limitations and procedures prescribed in this section, a
 5725  person who is found to be entitled to compensation under the
 5726  provisions of this act is entitled to:
 5727         (b) A waiver of tuition and fees for up to 120 hours of
 5728  instruction at any career center established under s. 1001.44,
 5729  any Florida College System institution as defined in s.
 5730  1000.21(5) 1000.21(3), or any state university as defined in s.
 5731  1000.21(8) 1000.21(6), if the wrongfully incarcerated person
 5732  meets and maintains the regular admission requirements of such
 5733  career center, Florida College System institution, or state
 5734  university; remains registered at such educational institution;
 5735  and makes satisfactory academic progress as defined by the
 5736  educational institution in which the claimant is enrolled;
 5737  
 5738  The total compensation awarded under paragraphs (a), (c), and
 5739  (d) may not exceed $2 million. No further award for attorney’s
 5740  fees, lobbying fees, costs, or other similar expenses shall be
 5741  made by the state.
 5742         Reviser’s note.—Amended to conform to the reordering of
 5743         definitions in s. 1000.21 by this act.
 5744         Section 135. Paragraphs (a) and (b) of subsection (2) of
 5745  section 985.26, Florida Statutes, are amended to read:
 5746         985.26 Length of detention.—
 5747         (2)(a)1. A court may order a child to be placed on
 5748  supervised release detention care for any time period until an
 5749  adjudicatory hearing is completed. However, if a child has
 5750  served 60 days on supervised release detention care, the court
 5751  must conduct a hearing within 15 days after the 60th day, to
 5752  determine the need for continued supervised release detention
 5753  care. At the hearing, and upon good cause being shown that the
 5754  nature of the charge requires additional time for the
 5755  prosecution or defense of the case or that the totality of the
 5756  circumstances, including the preservation of public safety,
 5757  warrants an extension, the court may order the child to remain
 5758  on supervised release detention care until the adjudicatory
 5759  hearing is completed.
 5760         2. Except as provided in paragraph (b) or paragraph (c), a
 5761  child may not be held in secure detention care under a special
 5762  detention order for more than 21 days unless an adjudicatory
 5763  hearing for the case has been commenced in good faith by the
 5764  court.
 5765         3. This section does not prohibit a court from
 5766  transitioning a child to and from secure detention care and
 5767  supervised release detention care, including electronic
 5768  monitoring, when the court finds such a placement necessary, or
 5769  no longer necessary, to preserve public safety or to ensure the
 5770  child’s safety, appearance in court, or compliance with a court
 5771  order. Each period of secure detention care or supervised
 5772  release detention care counts toward the time limitations in
 5773  this subsection whether served consecutively or
 5774  nonconsecutively.
 5775         (b) Upon good cause being shown that the nature of the
 5776  charge requires additional time for the prosecution or defense
 5777  of the case or that the totality of the circumstances, including
 5778  the preservation of public safety, warrants an extension, the
 5779  court may extend the length of secure detention care for up to
 5780  an additional 21 days if the child is charged with an offense
 5781  which, if committed by an adult, would be a capital felony, a
 5782  life felony, a felony of the first degree or the second degree,
 5783  or a felony of the third degree involving violence against any
 5784  individual. The court may continue to extend the period of
 5785  secure detention care in increments of up to 21 days each by
 5786  conducting a hearing before the expiration of the current period
 5787  to determine the need for continued secure detention of the
 5788  child. At the hearing, the court must make the required findings
 5789  in writing to extend the period of secure detention. If the
 5790  court extends the time period for secure detention care, it
 5791  shall ensure an adjudicatory hearing for the case commences as
 5792  soon as is reasonably possible considering the totality of the
 5793  circumstances. The court shall prioritize the efficient
 5794  disposition of cases in which the child has served 60 or more
 5795  days in secure detention care.
 5796         Reviser’s note.—Amended to confirm editorial insertions to
 5797         improve clarity.
 5798         Section 136. Subsections (2), (3), (5), (6), and (8) of
 5799  section 1000.21, Florida Statutes, are reordered and amended to
 5800  read:
 5801         1000.21 Systemwide definitions.—As used in the Florida
 5802  Early Learning-20 Education Code:
 5803         (3)(2) “Commissioner” is the Commissioner of Education.
 5804         (5)(3) “Florida College System institution” except as
 5805  otherwise specifically provided, includes all of the following
 5806  public postsecondary educational institutions in the Florida
 5807  College System and any branch campuses, centers, or other
 5808  affiliates of the institution:
 5809         (a) Eastern Florida State College, which serves Brevard
 5810  County.
 5811         (b) Broward College, which serves Broward County.
 5812         (c) College of Central Florida, which serves Citrus, Levy,
 5813  and Marion Counties.
 5814         (d) Chipola College, which serves Calhoun, Holmes, Jackson,
 5815  Liberty, and Washington Counties.
 5816         (e) Daytona State College, which serves Flagler and Volusia
 5817  Counties.
 5818         (f) Florida SouthWestern State College, which serves
 5819  Charlotte, Collier, Glades, Hendry, and Lee Counties.
 5820         (g) Florida State College at Jacksonville, which serves
 5821  Duval and Nassau Counties.
 5822         (h) The College of the Florida Keys, which serves Monroe
 5823  County.
 5824         (i) Gulf Coast State College, which serves Bay, Franklin,
 5825  and Gulf Counties.
 5826         (j) Hillsborough Community College, which serves
 5827  Hillsborough County.
 5828         (k) Indian River State College, which serves Indian River,
 5829  Martin, Okeechobee, and St. Lucie Counties.
 5830         (l) Florida Gateway College, which serves Baker, Columbia,
 5831  Dixie, Gilchrist, and Union Counties.
 5832         (m) Lake-Sumter State College, which serves Lake and Sumter
 5833  Counties.
 5834         (n) State College of Florida, Manatee-Sarasota, which
 5835  serves Manatee and Sarasota Counties.
 5836         (o) Miami Dade College, which serves Miami-Dade County.
 5837         (p) North Florida College, which serves Hamilton,
 5838  Jefferson, Lafayette, Madison, Suwannee, and Taylor Counties.
 5839         (q) Northwest Florida State College, which serves Okaloosa
 5840  and Walton Counties.
 5841         (r) Palm Beach State College, which serves Palm Beach
 5842  County.
 5843         (s) Pasco-Hernando State College, which serves Hernando and
 5844  Pasco Counties.
 5845         (t) Pensacola State College, which serves Escambia and
 5846  Santa Rosa Counties.
 5847         (u) Polk State College, which serves Polk County.
 5848         (v) St. Johns River State College, which serves Clay,
 5849  Putnam, and St. Johns Counties.
 5850         (w) St. Petersburg College, which serves Pinellas County.
 5851         (x) Santa Fe College, which serves Alachua and Bradford
 5852  Counties.
 5853         (y) Seminole State College of Florida, which serves
 5854  Seminole County.
 5855         (z) South Florida State College, which serves DeSoto,
 5856  Hardee, and Highlands Counties.
 5857         (aa) Tallahassee Community College, which serves Gadsden,
 5858  Leon, and Wakulla Counties.
 5859         (bb) Valencia College, which serves Orange and Osceola
 5860  Counties.
 5861         (6)(5) “Parent” is either or both parents of a student, any
 5862  guardian of a student, any person in a parental relationship to
 5863  a student, or any person exercising supervisory authority over a
 5864  student in place of the parent.
 5865         (8)(6) “State university,” except as otherwise specifically
 5866  provided, includes the following institutions and any branch
 5867  campuses, centers, or other affiliates of the institution:
 5868         (a) The University of Florida.
 5869         (b) The Florida State University.
 5870         (c) The Florida Agricultural and Mechanical University.
 5871         (d) The University of South Florida.
 5872         (e) The Florida Atlantic University.
 5873         (f) The University of West Florida.
 5874         (g) The University of Central Florida.
 5875         (h) The University of North Florida.
 5876         (i) The Florida International University.
 5877         (j) The Florida Gulf Coast University.
 5878         (k) New College of Florida.
 5879         (l) The Florida Polytechnic University.
 5880         (2)(8) “Board of Governors” is the Board of Governors of
 5881  the State University System.
 5882         Reviser’s note.—Amended to place the definitions of the section
 5883         in alphabetical order.
 5884         Section 137. Subsection (7) of section 1001.11, Florida
 5885  Statutes, is amended to read:
 5886         1001.11 Commissioner of Education; other duties.—
 5887         (7) The commissioner shall make prominently available on
 5888  the department’s website the following: links to the Internet
 5889  based clearinghouse for professional development regarding
 5890  physical education; the school wellness and physical education
 5891  policies and other resources required under s. 1003.453; and
 5892  other Internet sites that provide professional development for
 5893  elementary teachers of physical education as defined in s.
 5894  1003.01(15) 1003.01(16). These links must provide elementary
 5895  teachers with information concerning current physical education
 5896  and nutrition philosophy and best practices that result in
 5897  student participation in physical activities that promote
 5898  lifelong physical and mental well-being.
 5899         Reviser’s note.—Amended to conform to the reordering of
 5900         definitions in s. 1003.01 by this act.
 5901         Section 138. Subsection (2) of section 1001.60, Florida
 5902  Statutes, is amended to read:
 5903         1001.60 Florida College System.—
 5904         (2) FLORIDA COLLEGE SYSTEM.—There shall be a single Florida
 5905  College System comprised of the Florida College System
 5906  institutions identified in s. 1000.21(5) 1000.21(3). A Florida
 5907  College System institution may not offer graduate degree
 5908  programs.
 5909         (a) The programs and services offered by Florida College
 5910  System institutions in providing associate and baccalaureate
 5911  degrees shall be delivered in a cost-effective manner that
 5912  demonstrates substantial savings to the student and to the state
 5913  over the cost of providing the degree at a state university.
 5914         (b)1. With the approval of its district board of trustees,
 5915  a Florida College System institution may change the
 5916  institution’s name set forth in s. 1000.21(5) 1000.21(3) and use
 5917  the designation “college” or “state college” if it has been
 5918  authorized to grant baccalaureate degrees pursuant to s. 1007.33
 5919  and has been accredited as a baccalaureate-degree-granting
 5920  institution by the Commission on Colleges of the Southern
 5921  Association of Colleges and Schools.
 5922         2. With the approval of its district board of trustees, a
 5923  Florida College System institution that does not meet the
 5924  criteria in subparagraph 1. may request approval from the State
 5925  Board of Education to change the institution’s name set forth in
 5926  s. 1000.21(5) 1000.21(3) and use the designation “college.” The
 5927  State Board of Education may approve the request if the Florida
 5928  College System institution enters into an agreement with the
 5929  State Board of Education to do the following:
 5930         a. Maintain as its primary mission responsibility for
 5931  responding to community needs for postsecondary academic
 5932  education and career degree education as prescribed in s.
 5933  1004.65(5).
 5934         b. Maintain an open-door admissions policy for associate
 5935  level degree programs and workforce education programs.
 5936         c. Continue to provide outreach to underserved populations.
 5937         d. Continue to provide remedial education.
 5938         e. Comply with all provisions of the statewide articulation
 5939  agreement that relate to 2-year and 4-year public degree
 5940  granting institutions as adopted by the State Board of Education
 5941  pursuant to s. 1007.23.
 5942         (c) A district board of trustees that approves a change to
 5943  the name of an institution under paragraph (b) must seek
 5944  statutory codification of such name change in s. 1000.21(5)
 5945  1000.21(3) during the next regular legislative session.
 5946         (d) A Florida College System institution may not use the
 5947  designation “university.”
 5948         Reviser’s note.—Amended to conform to the reordering of
 5949         definitions in s. 1000.21 by this act.
 5950         Section 139. Section 1002.01, Florida Statutes, is amended
 5951  to read:
 5952         1002.01 Definitions.—
 5953         (1) A “home education program” means the sequentially
 5954  progressive instruction of a student directed by his or her
 5955  parent in order to satisfy the attendance requirements of ss.
 5956  1002.41, 1003.01(16) 1003.01(13), and 1003.21(1).
 5957         (2) A “private school” is a nonpublic school defined as an
 5958  individual, association, copartnership, or corporation, or
 5959  department, division, or section of such organizations, that
 5960  designates itself as an educational center that includes
 5961  kindergarten or a higher grade or as an elementary, secondary,
 5962  business, technical, or trade school below college level or any
 5963  organization that provides instructional services that meet the
 5964  intent of s. 1003.01(16) 1003.01(13) or that gives preemployment
 5965  or supplementary training in technology or in fields of trade or
 5966  industry or that offers academic, literary, or career training
 5967  below college level, or any combination of the above, including
 5968  an institution that performs the functions of the above schools
 5969  through correspondence or extension, except those licensed under
 5970  the provisions of chapter 1005. A private school may be a
 5971  parochial, religious, denominational, for-profit, or nonprofit
 5972  school. This definition does not include home education programs
 5973  conducted in accordance with s. 1002.41.
 5974         Reviser’s note.—Amended to conform to the reordering of
 5975         definitions in s. 1003.01 by this act.
 5976         Section 140. Paragraph (b) of subsection (2) of section
 5977  1002.20, Florida Statutes, is amended to read:
 5978         1002.20 K-12 student and parent rights.—Parents of public
 5979  school students must receive accurate and timely information
 5980  regarding their child’s academic progress and must be informed
 5981  of ways they can help their child to succeed in school. K-12
 5982  students and their parents are afforded numerous statutory
 5983  rights including, but not limited to, the following:
 5984         (2) ATTENDANCE.—
 5985         (b) Regular school attendance.—Parents of students who have
 5986  attained the age of 6 years by February 1 of any school year but
 5987  who have not attained the age of 16 years must comply with the
 5988  compulsory school attendance laws. Parents have the option to
 5989  comply with the school attendance laws by attendance of the
 5990  student in a public school; a parochial, religious, or
 5991  denominational school; a private school; a home education
 5992  program; or a private tutoring program, in accordance with the
 5993  provisions of s. 1003.01(16) 1003.01(13).
 5994         Reviser’s note.—Amended to conform to the reordering of
 5995         definitions in s. 1003.01 by this act.
 5996         Section 141. Paragraph (d) of subsection (3) of section
 5997  1002.3105, Florida Statutes, is amended to read:
 5998         1002.3105 Academically Challenging Curriculum to Enhance
 5999  Learning (ACCEL) options.—
 6000         (3) STUDENT ELIGIBILITY CONSIDERATIONS.—When establishing
 6001  student eligibility requirements, principals and school
 6002  districts must consider, at a minimum:
 6003         (d) Recommendations from one or more of the student’s
 6004  teachers in core-curricula courses as defined in s.
 6005  1003.01(5)(a)-(e) 1003.01(14)(a)-(e).
 6006         Reviser’s note.—Amended to conform to the reordering of
 6007         definitions in s. 1003.01 by this act.
 6008         Section 142. Paragraph (a) of subsection (20) and paragraph
 6009  (a) of subsection (21) of section 1002.33, Florida Statutes, are
 6010  amended to read:
 6011         1002.33 Charter schools.—
 6012         (20) SERVICES.—
 6013         (a)1. A sponsor shall provide certain administrative and
 6014  educational services to charter schools. These services shall
 6015  include contract management services; full-time equivalent and
 6016  data reporting services; exceptional student education
 6017  administration services; services related to eligibility and
 6018  reporting duties required to ensure that school lunch services
 6019  under the National School Lunch Program, consistent with the
 6020  needs of the charter school, are provided by the sponsor at the
 6021  request of the charter school, that any funds due to the charter
 6022  school under the National School Lunch Program be paid to the
 6023  charter school as soon as the charter school begins serving food
 6024  under the National School Lunch Program, and that the charter
 6025  school is paid at the same time and in the same manner under the
 6026  National School Lunch Program as other public schools serviced
 6027  by the sponsor or the school district; test administration
 6028  services, including payment of the costs of state-required or
 6029  district-required student assessments; processing of teacher
 6030  certificate data services; and information services, including
 6031  equal access to the sponsor’s student information systems that
 6032  are used by public schools in the district in which the charter
 6033  school is located or by schools in the sponsor’s portfolio of
 6034  charter schools if the sponsor is not a school district. Student
 6035  performance data for each student in a charter school,
 6036  including, but not limited to, FCAT scores, standardized test
 6037  scores, previous public school student report cards, and student
 6038  performance measures, shall be provided by the sponsor to a
 6039  charter school in the same manner provided to other public
 6040  schools in the district or by schools in the sponsor’s portfolio
 6041  of charter schools if the sponsor is not a school district.
 6042         2. A sponsor may withhold an administrative fee for the
 6043  provision of such services which shall be a percentage of the
 6044  available funds defined in paragraph (17)(b) calculated based on
 6045  weighted full-time equivalent students. If the charter school
 6046  serves 75 percent or more exceptional education students as
 6047  defined in s. 1003.01(9) 1003.01(3), the percentage shall be
 6048  calculated based on unweighted full-time equivalent students.
 6049  The administrative fee shall be calculated as follows:
 6050         a. Up to 5 percent for:
 6051         (I) Enrollment of up to and including 250 students in a
 6052  charter school as defined in this section.
 6053         (II) Enrollment of up to and including 500 students within
 6054  a charter school system which meets all of the following:
 6055         (A) Includes conversion charter schools and nonconversion
 6056  charter schools.
 6057         (B) Has all of its schools located in the same county.
 6058         (C) Has a total enrollment exceeding the total enrollment
 6059  of at least one school district in this state.
 6060         (D) Has the same governing board for all of its schools.
 6061         (E) Does not contract with a for-profit service provider
 6062  for management of school operations.
 6063         (III) Enrollment of up to and including 250 students in a
 6064  virtual charter school.
 6065         b. Up to 2 percent for enrollment of up to and including
 6066  250 students in a high-performing charter school as defined in
 6067  s. 1002.331.
 6068         c. Up to 2 percent for enrollment of up to and including
 6069  250 students in an exceptional student education center that
 6070  meets the requirements of the rules adopted by the State Board
 6071  of Education pursuant to s. 1008.3415(3).
 6072         3. A sponsor may not charge charter schools any additional
 6073  fees or surcharges for administrative and educational services
 6074  in addition to the maximum percentage of administrative fees
 6075  withheld pursuant to this paragraph. A sponsor may not charge or
 6076  withhold any administrative fee against a charter school for any
 6077  funds specifically allocated by the Legislature for teacher
 6078  compensation.
 6079         4. A sponsor shall provide to the department by September
 6080  15 of each year the total amount of funding withheld from
 6081  charter schools pursuant to this subsection for the prior fiscal
 6082  year. The department must include the information in the report
 6083  required under sub-sub-subparagraph (5)(b)1.k.(III).
 6084         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
 6085         (a) The Department of Education shall provide information
 6086  to the public, directly and through sponsors, on how to form and
 6087  operate a charter school and how to enroll in a charter school
 6088  once it is created. This information shall include the standard
 6089  application form, standard charter and virtual charter
 6090  contracts, standard evaluation instrument, and standard charter
 6091  and virtual charter renewal contracts, which shall include the
 6092  information specified in subsection (7) and shall be developed
 6093  by consulting and negotiating with both sponsors and charter
 6094  schools before implementation. The charter and virtual charter
 6095  contracts and charter renewal and virtual charter renewal
 6096  contracts shall be used by charter school sponsors.
 6097         Reviser’s note.—Paragraph (20)(a) is amended to conform to the
 6098         reordering of definitions in s. 1003.01 by this act.
 6099         Paragraph (21)(a) is amended to confirm an editorial
 6100         insertion to improve clarity and to conform to context.
 6101         Section 143. Paragraph (a) of subsection (2) of section
 6102  1002.37, Florida Statutes, is amended to read:
 6103         1002.37 The Florida Virtual School.—
 6104         (2) The Florida Virtual School shall be governed by a board
 6105  of trustees comprised of seven members appointed by the Governor
 6106  to 4-year staggered terms. The board of trustees shall be a
 6107  public agency entitled to sovereign immunity pursuant to s.
 6108  768.28, and board members shall be public officers who shall
 6109  bear fiduciary responsibility for the Florida Virtual School.
 6110  The board of trustees shall have the following powers and
 6111  duties:
 6112         (a)1. The board of trustees shall meet at least 4 times
 6113  each year, upon the call of the chair, or at the request of a
 6114  majority of the membership.
 6115         2. The fiscal year for the Florida Virtual School shall be
 6116  the state fiscal year as provided in s. 216.011(1)(q)
 6117  216.011(1)(o).
 6118  
 6119  The Governor shall designate the initial chair of the board of
 6120  trustees to serve a term of 4 years. Members of the board of
 6121  trustees shall serve without compensation, but may be reimbursed
 6122  for per diem and travel expenses pursuant to s. 112.061. The
 6123  board of trustees shall be a body corporate with all the powers
 6124  of a body corporate and such authority as is needed for the
 6125  proper operation and improvement of the Florida Virtual School.
 6126  The board of trustees is specifically authorized to adopt rules,
 6127  policies, and procedures, consistent with law and rules of the
 6128  State Board of Education related to governance, personnel,
 6129  budget and finance, administration, programs, curriculum and
 6130  instruction, travel and purchasing, technology, students,
 6131  contracts and grants, and property as necessary for optimal,
 6132  efficient operation of the Florida Virtual School. Tangible
 6133  personal property owned by the board of trustees shall be
 6134  subject to the provisions of chapter 273.
 6135         Reviser’s note.—Amended to conform to the reordering of
 6136         definitions in s. 216.011(1).
 6137         Section 144. Paragraph (b) of subsection (4) and paragraph
 6138  (b) of subsection (10) of section 1002.394, Florida Statutes,
 6139  are amended to read:
 6140         1002.394 The Family Empowerment Scholarship Program.—
 6141         (4) AUTHORIZED USES OF PROGRAM FUNDS.—
 6142         (b) Program funds awarded to a student with a disability
 6143  determined eligible pursuant to paragraph (3)(b) may be used for
 6144  the following purposes:
 6145         1. Instructional materials, including digital devices,
 6146  digital periphery devices, and assistive technology devices that
 6147  allow a student to access instruction or instructional content
 6148  and training on the use of and maintenance agreements for these
 6149  devices.
 6150         2. Curriculum as defined in subsection (2).
 6151         3. Specialized services by approved providers or by a
 6152  hospital in this state which are selected by the parent. These
 6153  specialized services may include, but are not limited to:
 6154         a. Applied behavior analysis services as provided in ss.
 6155  627.6686 and 641.31098.
 6156         b. Services provided by speech-language pathologists as
 6157  defined in s. 468.1125(8).
 6158         c. Occupational therapy as defined in s. 468.203.
 6159         d. Services provided by physical therapists as defined in
 6160  s. 486.021(8).
 6161         e. Services provided by listening and spoken language
 6162  specialists and an appropriate acoustical environment for a
 6163  child who has a hearing impairment, including deafness, and who
 6164  has received an implant or assistive hearing device.
 6165         4. Tuition or fees associated with full-time or part-time
 6166  enrollment in a home education program, an eligible private
 6167  school, an eligible postsecondary educational institution or a
 6168  program offered by the postsecondary educational institution, a
 6169  private tutoring program authorized under s. 1002.43, a virtual
 6170  program offered by a department-approved private online provider
 6171  that meets the provider qualifications specified in s.
 6172  1002.45(2)(a), the Florida Virtual School as a private paying
 6173  student, or an approved online course offered pursuant to s.
 6174  1003.499 or s. 1004.0961.
 6175         5. Fees for nationally standardized, norm-referenced
 6176  achievement tests, Advanced Placement Examinations, industry
 6177  certification examinations, assessments related to postsecondary
 6178  education, or other assessments.
 6179         6. Contributions to the Stanley G. Tate Florida Prepaid
 6180  College Program pursuant to s. 1009.98 or the Florida College
 6181  Savings Program pursuant to s. 1009.981 for the benefit of the
 6182  eligible student.
 6183         7. Contracted services provided by a public school or
 6184  school district, including classes. A student who receives
 6185  services under a contract under this paragraph is not considered
 6186  enrolled in a public school for eligibility purposes as
 6187  specified in subsection (6).
 6188         8. Tuition and fees for part-time tutoring services
 6189  provided by a person who holds a valid Florida educator’s
 6190  certificate pursuant to s. 1012.56, a person who holds an
 6191  adjunct teaching certificate pursuant to s. 1012.57, a person
 6192  who has a bachelor’s degree or a graduate degree in the subject
 6193  area in which instruction is given, a person who has
 6194  demonstrated a mastery of subject area knowledge pursuant to s.
 6195  1012.56(5), or a person certified by a nationally or
 6196  internationally recognized research-based training program as
 6197  approved by the department. As used in this paragraph, the term
 6198  “part-time tutoring services” does not qualify as regular school
 6199  attendance as defined in s. 1003.01(16)(e) 1003.01(13)(e).
 6200         9. Fees for specialized summer education programs.
 6201         10. Fees for specialized after-school education programs.
 6202         11. Transition services provided by job coaches.
 6203         12. Fees for an annual evaluation of educational progress
 6204  by a state-certified teacher under s. 1002.41(1)(f), if this
 6205  option is chosen for a home education student.
 6206         13. Tuition and fees associated with programs offered by
 6207  Voluntary Prekindergarten Education Program providers approved
 6208  pursuant to s. 1002.55 and school readiness providers approved
 6209  pursuant to s. 1002.88.
 6210         14. Fees for services provided at a center that is a member
 6211  of the Professional Association of Therapeutic Horsemanship
 6212  International.
 6213         15. Fees for services provided by a therapist who is
 6214  certified by the Certification Board for Music Therapists or
 6215  credentialed by the Art Therapy Credentials Board, Inc.
 6216         (10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
 6217  PARTICIPATION.—
 6218         (b) A parent who applies for program participation under
 6219  paragraph (3)(b) is exercising his or her parental option to
 6220  determine the appropriate placement or the services that best
 6221  meet the needs of his or her child and must:
 6222         1. Apply to an eligible nonprofit scholarship-funding
 6223  organization to participate in the program by a date set by the
 6224  organization. The request must be communicated directly to the
 6225  organization in a manner that creates a written or electronic
 6226  record of the request and the date of receipt of the request.
 6227         2. Sign an agreement with the organization and annually
 6228  submit a sworn compliance statement to the organization to
 6229  satisfy or maintain program eligibility, including eligibility
 6230  to receive and spend program payments by:
 6231         a. Affirming that the student is enrolled in a program that
 6232  meets regular school attendance requirements as provided in s.
 6233  1003.01(16)(b), (c), or (d) 1003.01(13)(b), (c), or (d).
 6234         b. Affirming that the program funds are used only for
 6235  authorized purposes serving the student’s educational needs, as
 6236  described in paragraph (4)(b); that any prepaid college plan or
 6237  college savings plan funds contributed pursuant to subparagraph
 6238  (4)(b)6. will not be transferred to another beneficiary while
 6239  the plan contains funds contributed pursuant to this section;
 6240  and that they will not receive a payment, refund, or rebate of
 6241  any funds provided under this section.
 6242         c. Affirming that the parent is responsible for all
 6243  eligible expenses in excess of the amount of the scholarship and
 6244  for the education of his or her student by, as applicable:
 6245         (I) Requiring the student to take an assessment in
 6246  accordance with paragraph (9)(c);
 6247         (II) Providing an annual evaluation in accordance with s.
 6248  1002.41(1)(f); or
 6249         (III) Requiring the child to take any preassessments and
 6250  postassessments selected by the provider if the child is 4 years
 6251  of age and is enrolled in a program provided by an eligible
 6252  Voluntary Prekindergarten Education Program provider. A student
 6253  with disabilities for whom the physician or psychologist who
 6254  issued the diagnosis or the IEP team determines that a
 6255  preassessment and postassessment is not appropriate is exempt
 6256  from this requirement. A participating provider shall report a
 6257  student’s scores to the parent.
 6258         d. Affirming that the student remains in good standing with
 6259  the provider or school if those options are selected by the
 6260  parent.
 6261         e. Enrolling his or her child in a program from a Voluntary
 6262  Prekindergarten Education Program provider authorized under s.
 6263  1002.55, a school readiness provider authorized under s.
 6264  1002.88, or an eligible private school if either option is
 6265  selected by the parent.
 6266         f. Renewing participation in the program each year. A
 6267  student whose participation in the program is not renewed may
 6268  continue to spend scholarship funds that are in his or her
 6269  account from prior years unless the account must be closed
 6270  pursuant to subparagraph (5)(b)3. Notwithstanding any changes to
 6271  the student’s IEP, a student who was previously eligible for
 6272  participation in the program shall remain eligible to apply for
 6273  renewal. However, for a high-risk child to continue to
 6274  participate in the program in the school year after he or she
 6275  reaches 6 years of age, the child’s application for renewal of
 6276  program participation must contain documentation that the child
 6277  has a disability defined in paragraph (2)(d) other than high
 6278  risk status.
 6279         g. Procuring the services necessary to educate the student.
 6280  If a parent does not procure the necessary educational services
 6281  for the student and the student’s account has been inactive for
 6282  2 consecutive fiscal years, the student is ineligible for
 6283  additional scholarship payments until the scholarship-funding
 6284  organization verifies that expenditures from the account have
 6285  occurred. When the student receives a scholarship, the district
 6286  school board is not obligated to provide the student with a free
 6287  appropriate public education. For purposes of s. 1003.57 and the
 6288  Individuals with Disabilities in Education Act, a participating
 6289  student has only those rights that apply to all other
 6290  unilaterally parentally placed students, except that, when
 6291  requested by the parent, school district personnel must develop
 6292  an IEP or matrix level of services.
 6293         Reviser’s note.—Amended to conform to the reordering of
 6294         definitions in s. 1003.01 by this act.
 6295         Section 145. Subsection (7) of section 1002.42, Florida
 6296  Statutes, is amended to read:
 6297         1002.42 Private schools.—
 6298         (7) ATTENDANCE REQUIREMENTS.—Attendance of a student at a
 6299  private, parochial, religious, or denominational school
 6300  satisfies the attendance requirements of ss. 1003.01(16)
 6301  1003.01(13) and 1003.21(1).
 6302         Reviser’s note.—Amended to conform to the reordering of
 6303         definitions in s. 1003.01 by this act.
 6304         Section 146. Subsection (1) of section 1002.43, Florida
 6305  Statutes, is amended to read:
 6306         1002.43 Private tutoring programs.—
 6307         (1) Regular school attendance as defined in s. 1003.01(16)
 6308  1003.01(13) may be achieved by attendance in a private tutoring
 6309  program if the person tutoring the student meets the following
 6310  requirements:
 6311         (a) Holds a valid Florida certificate to teach the subjects
 6312  or grades in which instruction is given.
 6313         (b) Keeps all records and makes all reports required by the
 6314  state and district school board and makes regular reports on the
 6315  attendance of students in accordance with the provisions of s.
 6316  1003.23(2).
 6317         (c) Requires students to be in actual attendance for the
 6318  minimum length of time prescribed by s. 1011.60(2).
 6319         Reviser’s note.—Amended to conform to the reordering of
 6320         definitions in s. 1003.01 by this act.
 6321         Section 147. Subsection (2) of section 1002.455, Florida
 6322  Statutes, is amended to read:
 6323         1002.455 Student eligibility for K-12 virtual instruction.
 6324  All students, including home education and private school
 6325  students, are eligible to participate in any of the following
 6326  virtual instruction options:
 6327         (2) Part-time or full-time virtual charter school
 6328  instruction authorized pursuant to s. 1002.45(1)(c)5. to
 6329  students within the school district or to students in other
 6330  school districts throughout the state pursuant to s. 1002.31;
 6331  however, the school district enrolling the full-time equivalent
 6332  virtual student shall comply with the enrollment requirements
 6333  established under to s. 1002.45(1)(e)4.
 6334         Reviser’s note.—Amended to confirm an editorial deletion to
 6335         conform to the immediately preceding context.
 6336         Section 148. Section 1003.01, Florida Statutes, is
 6337  reordered and amended to read:
 6338         1003.01 Definitions.—As used in this chapter, the term:
 6339         (7)(1) “District school board” means the members who are
 6340  elected by the voters of a school district created and existing
 6341  pursuant to s. 4, Art. IX of the State Constitution to operate
 6342  and control public K-12 education within the school district.
 6343         (17)(2) “School” means an organization of students for
 6344  instructional purposes on an elementary, middle or junior high
 6345  school, secondary or high school, or other public school level
 6346  authorized under rules of the State Board of Education.
 6347         (9)(3)(a) “Exceptional student” means any student who has
 6348  been determined eligible for a special program in accordance
 6349  with rules of the State Board of Education. The term includes
 6350  students who are gifted and students with disabilities who have
 6351  an intellectual disability; autism spectrum disorder; a speech
 6352  impairment; a language impairment; an orthopedic impairment; an
 6353  other health impairment; traumatic brain injury; a visual
 6354  impairment; an emotional or behavioral disability; or a specific
 6355  learning disability, including, but not limited to, dyslexia,
 6356  dyscalculia, or developmental aphasia; students who are deaf or
 6357  hard of hearing or dual sensory impaired; students who are
 6358  hospitalized or homebound; children with developmental delays
 6359  ages birth through 9 years or through the student’s completion
 6360  of grade 2, whichever occurs first, or children, ages birth
 6361  through 2 years, with established conditions that are identified
 6362  in State Board of Education rules pursuant to s. 1003.21(1)(e).
 6363         (b) “Special education services” means specially designed
 6364  instruction and such related services as are necessary for an
 6365  exceptional student to benefit from education. Such services may
 6366  include: transportation; diagnostic and evaluation services;
 6367  social services; physical and occupational therapy; speech and
 6368  language pathology services; job placement; orientation and
 6369  mobility training; braillists, typists, and readers for the
 6370  blind; interpreters and auditory amplification; services
 6371  provided by a certified listening and spoken language
 6372  specialist; rehabilitation counseling; transition services;
 6373  mental health services; guidance and career counseling;
 6374  specified materials, assistive technology devices, and other
 6375  specialized equipment; and other such services as approved by
 6376  rules of the state board.
 6377         (2)(4) “Career education” means education that provides
 6378  instruction for the following purposes:
 6379         (a) At the elementary, middle, and high school levels,
 6380  exploratory courses designed to give students initial exposure
 6381  to a broad range of occupations to assist them in preparing
 6382  their academic and occupational plans, and practical arts
 6383  courses that provide generic skills that may apply to many
 6384  occupations but are not designed to prepare students for entry
 6385  into a specific occupation. Career education provided before
 6386  high school completion must be designed to strengthen both
 6387  occupational awareness and academic skills integrated throughout
 6388  all academic instruction.
 6389         (b) At the secondary school level, job-preparatory
 6390  instruction in the competencies that prepare students for
 6391  effective entry into an occupation, including diversified
 6392  cooperative education, work experience, and job-entry programs
 6393  that coordinate directed study and on-the-job training.
 6394         (c) At the postsecondary education level, courses of study
 6395  that provide competencies needed for entry into specific
 6396  occupations or for advancement within an occupation.
 6397         (13)(5)
 6398         (b)(a) “Suspension,” also referred to as out-of-school
 6399  suspension, means the temporary removal of a student from all
 6400  classes of instruction on public school grounds and all other
 6401  school-sponsored activities, except as authorized by the
 6402  principal or the principal’s designee, for a period not to
 6403  exceed 10 school days and remanding of the student to the
 6404  custody of the student’s parent with specific homework
 6405  assignments for the student to complete.
 6406         (a)(b) “In-school suspension” means the temporary removal
 6407  of a student from the student’s regular school program and
 6408  placement in an alternative program, such as that provided in s.
 6409  1003.53, under the supervision of district school board
 6410  personnel, for a period not to exceed 10 school days.
 6411         (10)(6) “Expulsion” means the removal of the right and
 6412  obligation of a student to attend a public school under
 6413  conditions set by the district school board, and for a period of
 6414  time not to exceed the remainder of the term or school year and
 6415  1 additional year of attendance. Expulsions may be imposed with
 6416  or without continuing educational services and shall be reported
 6417  accordingly.
 6418         (6)(7) “Corporal punishment” means the moderate use of
 6419  physical force or physical contact by a teacher or principal as
 6420  may be necessary to maintain discipline or to enforce school
 6421  rule. However, the term “corporal punishment” does not include
 6422  the use of such reasonable force by a teacher or principal as
 6423  may be necessary for self-protection or to protect other
 6424  students from disruptive students.
 6425         (12)(8) “Habitual truant” means a student who has 15
 6426  unexcused absences within 90 calendar days with or without the
 6427  knowledge or consent of the student’s parent, is subject to
 6428  compulsory school attendance under s. 1003.21(1) and (2)(a), and
 6429  is not exempt under s. 1003.21(3) or s. 1003.24, or by meeting
 6430  the criteria for any other exemption specified by law or rules
 6431  of the State Board of Education. Such a student must have been
 6432  the subject of the activities specified in ss. 1003.26 and
 6433  1003.27(3), without resultant successful remediation of the
 6434  truancy problem before being dealt with as a child in need of
 6435  services according to the provisions of chapter 984.
 6436         (8)(9) “Dropout” means a student who meets any one or more
 6437  of the following criteria:
 6438         (a) The student has voluntarily removed himself or herself
 6439  from the school system before graduation for reasons that
 6440  include, but are not limited to, marriage, or the student has
 6441  withdrawn from school because he or she has failed the statewide
 6442  student assessment test and thereby does not receive any of the
 6443  certificates of completion;
 6444         (b) The student has not met the relevant attendance
 6445  requirements of the school district pursuant to State Board of
 6446  Education rules, or the student was expected to attend a school
 6447  but did not enter as expected for unknown reasons, or the
 6448  student’s whereabouts are unknown;
 6449         (c) The student has withdrawn from school, but has not
 6450  transferred to another public or private school or enrolled in
 6451  any career, adult, home education, or alternative educational
 6452  program;
 6453         (d) The student has withdrawn from school due to hardship,
 6454  unless such withdrawal has been granted under the provisions of
 6455  s. 322.091, court action, expulsion, medical reasons, or
 6456  pregnancy; or
 6457         (e) The student is not eligible to attend school because of
 6458  reaching the maximum age for an exceptional student program in
 6459  accordance with the district’s policy.
 6460  
 6461  The State Board of Education may adopt rules to implement the
 6462  provisions of this subsection.
 6463         (1)(10) “Alternative measures for students with special
 6464  needs” or “special programs” means measures designed to meet the
 6465  special needs of a student that cannot be met by regular school
 6466  curricula.
 6467         (14)(11)(a) “Juvenile justice education programs or
 6468  schools” means programs or schools operating for the purpose of
 6469  providing educational services to youth in Department of
 6470  Juvenile Justice programs, for a school year composed of 250
 6471  days of instruction, or the equivalent expressed in hours as
 6472  specified in State Board of Education rule, distributed over 12
 6473  months. If the period of operation is expressed in hours, the
 6474  State Board of Education must review the calculation annually.
 6475  The use of the equivalent expressed in hours is only applicable
 6476  to nonresidential programs. At the request of the provider, a
 6477  district school board may decrease the minimum number of days of
 6478  instruction by up to 10 days for teacher planning for
 6479  residential programs and up to 20 days or equivalent hours as
 6480  specified in the State Board of Education rule for teacher
 6481  planning for nonresidential programs, subject to the approval of
 6482  the Department of Juvenile Justice and the Department of
 6483  Education.
 6484         (b) “Juvenile justice provider” means the Department of
 6485  Juvenile Justice, the sheriff, or a private, public, or other
 6486  governmental organization under contract with the Department of
 6487  Juvenile Justice or the sheriff that provides treatment, care
 6488  and custody, or educational programs for youth in juvenile
 6489  justice intervention, detention, or commitment programs.
 6490         (4)(12) “Children and youths who are experiencing
 6491  homelessness,” for programs authorized under subtitle B,
 6492  Education for Homeless Children and Youths, of Title VII of the
 6493  McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et
 6494  seq., means children and youths who lack a fixed, regular, and
 6495  adequate nighttime residence, and includes:
 6496         (a) Children and youths sharing the housing of other
 6497  persons due to loss of housing, economic hardship, or a similar
 6498  reason; are living in motels, hotels, travel trailer parks, or
 6499  camping grounds due to the lack of alternative adequate
 6500  accommodations; are living in emergency or transitional
 6501  shelters; or are abandoned in hospitals.
 6502         (b) Children and youths having who have a primary nighttime
 6503  residence that is a public or private place not designed for or
 6504  ordinarily used as a regular sleeping accommodation for human
 6505  beings.
 6506         (c) Children and youths living in cars, parks, public
 6507  spaces, abandoned buildings, bus or train stations, or similar
 6508  settings.
 6509         (d) Migratory children living in circumstances described in
 6510  paragraphs (a)-(c).
 6511         (16)(13) “Regular school attendance” means the actual
 6512  attendance of a student during the school day as defined by law
 6513  and rules of the State Board of Education. Regular attendance
 6514  within the intent of s. 1003.21 may be achieved by attendance
 6515  in:
 6516         (a) A public school supported by public funds;
 6517         (b) A parochial, religious, or denominational school;
 6518         (c) A private school supported in whole or in part by
 6519  tuition charges or by endowments or gifts;
 6520         (d) A home education program that meets the requirements of
 6521  chapter 1002; or
 6522         (e) A private tutoring program that meets the requirements
 6523  of chapter 1002.
 6524         (5)(14) “Core-curricula courses” means:
 6525         (a) Courses in language arts/reading, mathematics, social
 6526  studies, and science in prekindergarten through grade 3,
 6527  excluding extracurricular courses pursuant to subsection (11)
 6528  (15);
 6529         (b) Courses in grades 4 through 8 in subjects that are
 6530  measured by state assessment at any grade level and courses
 6531  required for middle school promotion, excluding extracurricular
 6532  courses pursuant to subsection (11) (15);
 6533         (c) Courses in grades 9 through 12 in subjects that are
 6534  measured by state assessment at any grade level and courses that
 6535  are specifically identified by name in statute as required for
 6536  high school graduation and that are not measured by state
 6537  assessment, excluding extracurricular courses pursuant to
 6538  subsection (11) (15);
 6539         (d) Exceptional student education courses; and
 6540         (e) English for Speakers of Other Languages courses.
 6541  
 6542  The term is limited in meaning and used for the sole purpose of
 6543  designating classes that are subject to the maximum class size
 6544  requirements established in s. 1, Art. IX of the State
 6545  Constitution. This term does not include courses offered under
 6546  ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.45, and
 6547  1003.499.
 6548         (11)(15) “Extracurricular courses” means all courses that
 6549  are not defined as “core-curricula courses,” which may include,
 6550  but are not limited to, physical education, fine arts,
 6551  performing fine arts, career education, and courses that may
 6552  result in college credit. The term is limited in meaning and
 6553  used for the sole purpose of designating classes that are not
 6554  subject to the maximum class size requirements established in s.
 6555  1, Art. IX of the State Constitution.
 6556         (15)(16) “Physical education” means the development or
 6557  maintenance of skills related to strength, agility, flexibility,
 6558  movement, and stamina, including dance; the development of
 6559  knowledge and skills regarding teamwork and fair play; the
 6560  development of knowledge and skills regarding nutrition and
 6561  physical fitness as part of a healthy lifestyle; and the
 6562  development of positive attitudes regarding sound nutrition and
 6563  physical activity as a component of personal well-being.
 6564         (3)(17) “Certified unaccompanied homeless youth” means a
 6565  youth certified as an unaccompanied homeless youth pursuant to
 6566  s. 743.067.
 6567         Reviser’s note.—This section is amended to place the definitions
 6568         of the section in alphabetical order and to conform cross
 6569         references. Current paragraph (3)(b) is amended to delete
 6570         an unnecessary punctuation mark. Current paragraph (12)(a)
 6571         is amended to confirm editorial deletions, and current
 6572         paragraph (12)(b) is amended to confirm an editorial
 6573         substitution, to conform to context.
 6574         Section 149. Subsection (6) of section 1003.03, Florida
 6575  Statutes, is amended to read:
 6576         1003.03 Maximum class size.—
 6577         (6) COURSES FOR COMPLIANCE.—Consistent with s. 1003.01(5)
 6578  1003.01(14), the Department of Education shall identify from the
 6579  Course Code Directory the core-curricula courses for the purpose
 6580  of satisfying the maximum class size requirement in this
 6581  section. The department may adopt rules to implement this
 6582  subsection, if necessary.
 6583         Reviser’s note.—Amended to conform to the reordering of
 6584         definitions in s. 1003.01 by this act.
 6585         Section 150. Subsection (4) of section 1003.21, Florida
 6586  Statutes, is amended to read:
 6587         1003.21 School attendance.—
 6588         (4) Before admitting a child to kindergarten, the principal
 6589  shall require evidence that the child has attained the age at
 6590  which he or she should be admitted in accordance with the
 6591  provisions of subparagraph (1)(a)2. The district school
 6592  superintendent may require evidence of the age of any child who
 6593  is being enrolled in public school and who the district school
 6594  superintendent believes to be within the limits of compulsory
 6595  attendance as provided for by law; however, the district school
 6596  superintendent may not require evidence from any child who meets
 6597  regular attendance requirements by attending a school or program
 6598  listed in s. 1003.01(16)(b)-(e) 1003.01(13)(b)-(e). If the first
 6599  prescribed evidence is not available, the next evidence
 6600  obtainable in the order set forth below shall be accepted:
 6601         (a) A duly attested transcript of the child’s birth record
 6602  filed according to law with a public officer charged with the
 6603  duty of recording births;
 6604         (b) A duly attested transcript of a certificate of baptism
 6605  showing the date of birth and place of baptism of the child,
 6606  accompanied by an affidavit sworn to by the parent;
 6607         (c) An insurance policy on the child’s life that has been
 6608  in force for at least 2 years;
 6609         (d) A bona fide contemporary religious record of the
 6610  child’s birth accompanied by an affidavit sworn to by the
 6611  parent;
 6612         (e) A passport or certificate of arrival in the United
 6613  States showing the age of the child;
 6614         (f) A transcript of record of age shown in the child’s
 6615  school record of at least 4 years prior to application, stating
 6616  date of birth; or
 6617         (g) If none of these evidences can be produced, an
 6618  affidavit of age sworn to by the parent, accompanied by a
 6619  certificate of age signed by a public health officer or by a
 6620  public school physician, or, if these are not available in the
 6621  county, by a licensed practicing physician designated by the
 6622  district school board, which states that the health officer or
 6623  physician has examined the child and believes that the age as
 6624  stated in the affidavit is substantially correct. Children and
 6625  youths who are experiencing homelessness and children who are
 6626  known to the department, as defined in s. 39.0016, shall be
 6627  given temporary exemption from this section for 30 school days.
 6628         Reviser’s note.—Amended to conform to the reordering of
 6629         definitions in s. 1003.01 by this act.
 6630         Section 151. Paragraph (f) of subsection (1) of section
 6631  1003.26, Florida Statutes, is amended to read:
 6632         1003.26 Enforcement of school attendance.—The Legislature
 6633  finds that poor academic performance is associated with
 6634  nonattendance and that school districts must take an active role
 6635  in promoting and enforcing attendance as a means of improving
 6636  student performance. It is the policy of the state that each
 6637  district school superintendent be responsible for enforcing
 6638  school attendance of all students subject to the compulsory
 6639  school age in the school district and supporting enforcement of
 6640  school attendance by local law enforcement agencies. The
 6641  responsibility includes recommending policies and procedures to
 6642  the district school board that require public schools to respond
 6643  in a timely manner to every unexcused absence, and every absence
 6644  for which the reason is unknown, of students enrolled in the
 6645  schools. District school board policies shall require the parent
 6646  of a student to justify each absence of the student, and that
 6647  justification will be evaluated based on adopted district school
 6648  board policies that define excused and unexcused absences. The
 6649  policies must provide that public schools track excused and
 6650  unexcused absences and contact the home in the case of an
 6651  unexcused absence from school, or an absence from school for
 6652  which the reason is unknown, to prevent the development of
 6653  patterns of nonattendance. The Legislature finds that early
 6654  intervention in school attendance is the most effective way of
 6655  producing good attendance habits that will lead to improved
 6656  student learning and achievement. Each public school shall
 6657  implement the following steps to promote and enforce regular
 6658  school attendance:
 6659         (1) CONTACT, REFER, AND ENFORCE.—
 6660         (f)1. If the parent of a child who has been identified as
 6661  exhibiting a pattern of nonattendance enrolls the child in a
 6662  home education program pursuant to chapter 1002, the district
 6663  school superintendent shall provide the parent a copy of s.
 6664  1002.41 and the accountability requirements of this paragraph.
 6665  The district school superintendent shall also refer the parent
 6666  to a home education review committee composed of the district
 6667  contact for home education programs and at least two home
 6668  educators selected by the parent from a district list of all
 6669  home educators who have conducted a home education program for
 6670  at least 3 years and who have indicated a willingness to serve
 6671  on the committee. The home education review committee shall
 6672  review the portfolio of the student, as defined by s. 1002.41,
 6673  every 30 days during the district’s regular school terms until
 6674  the committee is satisfied that the home education program is in
 6675  compliance with s. 1002.41(1)(d). The first portfolio review
 6676  must occur within the first 30 calendar days of the
 6677  establishment of the program. The provisions of subparagraph 2.
 6678  do not apply once the committee determines the home education
 6679  program is in compliance with s. 1002.41(1)(d).
 6680         2. If the parent fails to provide a portfolio to the
 6681  committee, the committee shall notify the district school
 6682  superintendent. The district school superintendent shall then
 6683  terminate the home education program and require the parent to
 6684  enroll the child in an attendance option that meets the
 6685  definition of “regular school attendance” under s.
 6686  1003.01(16)(a), (b), (c), or (e) 1003.01(13)(a), (b), (c), or
 6687  (e), within 3 days. Upon termination of a home education program
 6688  pursuant to this subparagraph, the parent shall not be eligible
 6689  to reenroll the child in a home education program for 180
 6690  calendar days. Failure of a parent to enroll the child in an
 6691  attendance option as required by this subparagraph after
 6692  termination of the home education program pursuant to this
 6693  subparagraph shall constitute noncompliance with the compulsory
 6694  attendance requirements of s. 1003.21 and may result in criminal
 6695  prosecution under s. 1003.27(2). Nothing contained herein shall
 6696  restrict the ability of the district school superintendent, or
 6697  the ability of his or her designee, to review the portfolio
 6698  pursuant to s. 1002.41(1)(e).
 6699         Reviser’s note.—Amended to conform to the reordering of
 6700         definitions in s. 1003.01 by this act.
 6701         Section 152. Paragraph (b) of subsection (1) of section
 6702  1003.4282, Florida Statutes, is amended to read:
 6703         1003.4282 Requirements for a standard high school diploma.—
 6704         (1) TWENTY-FOUR CREDITS REQUIRED.—
 6705         (b) The required credits may be earned through equivalent,
 6706  applied, or integrated courses or career education courses as
 6707  defined in s. 1003.01(2) 1003.01(4), including work-related
 6708  internships approved by the State Board of Education and
 6709  identified in the course code directory. However, any must-pass
 6710  assessment requirements must be met. An equivalent course is one
 6711  or more courses identified by content-area experts as being a
 6712  match to the core curricular content of another course, based
 6713  upon review of the Next Generation Sunshine State Standards for
 6714  that subject. An applied course aligns with Next Generation
 6715  Sunshine State Standards and includes real-world applications of
 6716  a career and technical education standard used in business or
 6717  industry. An integrated course includes content from several
 6718  courses within a content area or across content areas.
 6719         Reviser’s note.—Amended to conform to the reordering of
 6720         definitions in s. 1003.01 by this act.
 6721         Section 153. Paragraph (h) of subsection (6) of section
 6722  1003.485, Florida Statutes, is amended to read:
 6723         1003.485 The New Worlds Reading Initiative.—
 6724         (6) ELIGIBILITY; NOTIFICATION; SCHOOL DISTRICT
 6725  OBLIGATIONS.—
 6726         (h) School districts and partnering nonprofit organizations
 6727  shall raise awareness of the initiative, including information
 6728  on eligibility and video training modules under paragraph
 6729  (4)(e), through, at least, the following:
 6730         1. The student handbook and the read-at-home plan under s.
 6731  1008.25(5)(d) 1008.25(5)(c).
 6732         2. A parent or curriculum night or separate initiative
 6733  awareness event at each elementary school.
 6734         3. Partnering with the county library to host awareness
 6735  events, which should coincide with other initiatives such as
 6736  library card drives, family library nights, summer access
 6737  events, and other family engagement programming.
 6738         Reviser’s note.—Amended to correct a cross-reference to conform
 6739         to the redesignation of s. 1008.25(5)(c) as s.
 6740         1008.25(5)(d) by s. 66, ch. 2021-10, Laws of Florida.
 6741         Section 154. Subsection (4) of section 1003.52, Florida
 6742  Statutes, is amended to read:
 6743         1003.52 Educational services in Department of Juvenile
 6744  Justice programs.—
 6745         (4) Educational services shall be provided at times of the
 6746  day most appropriate for the juvenile justice program. School
 6747  programming in juvenile justice detention, prevention, day
 6748  treatment, and residential programs shall be made available by
 6749  the local school district during the juvenile justice school
 6750  year, as provided in s. 1003.01(14) 1003.01(11). In addition,
 6751  students in juvenile justice education programs shall have
 6752  access to courses offered pursuant to ss. 1002.37, 1002.45, and
 6753  1003.498. The Department of Education and the school districts
 6754  shall adopt policies necessary to provide such access.
 6755         Reviser’s note.—Amended to conform to the reordering of
 6756         definitions in s. 1003.01 by this act.
 6757         Section 155. Paragraphs (c), (d), and (f) of subsection (1)
 6758  of section 1003.573, Florida Statutes, are amended to read:
 6759         1003.573 Seclusion and restraint of students with
 6760  disabilities in public schools.—
 6761         (1) DEFINITIONS.—As used in this section, the term:
 6762         (d)(c) “Restraint” means the use of a mechanical or
 6763  physical restraint.
 6764         1. “Mechanical restraint” means the use of a device that
 6765  restricts a student’s freedom of movement. The term does not
 6766  include the use of devices prescribed or recommended by physical
 6767  or behavioral health professionals when used for indicated
 6768  purposes.
 6769         2. “Physical restraint” means the use of manual restraint
 6770  techniques that involve significant physical force applied by a
 6771  teacher or other staff member to restrict the movement of all or
 6772  part of a student’s body. The term does not include briefly
 6773  holding a student in order to calm or comfort the student or
 6774  physically escorting a student to a safe location.
 6775         (c)(d) “Positive behavior interventions and supports” means
 6776  the use of behavioral interventions to prevent dangerous
 6777  behaviors that may cause serious physical harm to the student or
 6778  others.
 6779         (f) “Student” means a child with an individual education
 6780  plan enrolled in grades kindergarten through 12 in a school, as
 6781  defined in s. 1003.01(17) 1003.01(2), or the Florida School for
 6782  the Deaf and Blind. The term does not include students in
 6783  prekindergarten, students who reside in residential care
 6784  facilities under s. 1003.58, or students participating in a
 6785  Department of Juvenile Justice education program under s.
 6786  1003.52.
 6787         Reviser’s note.—Paragraphs (c) and (d) are amended to place the
 6788         definitions in those paragraphs in alphabetical order.
 6789         Paragraph (f) is amended to conform to the reordering of
 6790         definitions in s. 1003.01 by this act.
 6791         Section 156. Section 1003.575, Florida Statutes, is amended
 6792  to read:
 6793         1003.575 Assistive technology devices; findings;
 6794  interagency agreements.—Accessibility, utilization, and
 6795  coordination of appropriate assistive technology devices and
 6796  services are essential as a young person with disabilities moves
 6797  from early intervention to preschool, from preschool to school,
 6798  from one school to another, from school to employment or
 6799  independent living, and from school to home and community. If an
 6800  individual education plan team makes a recommendation in
 6801  accordance with State Board of Education rule for a student with
 6802  a disability, as defined in s. 1003.01(9) 1003.01(3), to receive
 6803  an assistive technology assessment, that assessment must be
 6804  completed within 60 school days after the team’s recommendation.
 6805  To ensure that an assistive technology device issued to a young
 6806  person as part of his or her individualized family support plan,
 6807  individual support plan, individualized plan for employment, or
 6808  individual education plan remains with the individual through
 6809  such transitions, the following agencies shall enter into
 6810  interagency agreements, as appropriate, to ensure the
 6811  transaction of assistive technology devices:
 6812         (1) The Early Steps Program in the Division of Children’s
 6813  Medical Services of the Department of Health.
 6814         (2) The Division of Blind Services, the Bureau of
 6815  Exceptional Education and Student Services, the Office of
 6816  Independent Education and Parental Choice, and the Division of
 6817  Vocational Rehabilitation of the Department of Education.
 6818         (3) The Voluntary Prekindergarten Education Program
 6819  administered by the Department of Education and the Office of
 6820  Early Learning.
 6821  
 6822  Interagency agreements entered into pursuant to this section
 6823  shall provide a framework for ensuring that young persons with
 6824  disabilities and their families, educators, and employers are
 6825  informed about the utilization and coordination of assistive
 6826  technology devices and services that may assist in meeting
 6827  transition needs, and shall establish a mechanism by which a
 6828  young person or his or her parent may request that an assistive
 6829  technology device remain with the young person as he or she
 6830  moves through the continuum from home to school to postschool.
 6831         Reviser’s note.—Amended to conform to the reordering of
 6832         definitions in s. 1003.01 by this act.
 6833         Section 157. Subsection (11) of section 1004.22, Florida
 6834  Statutes, is amended to read:
 6835         1004.22 Divisions of sponsored research at state
 6836  universities.—
 6837         (11) The divisions of sponsored research may pay, by
 6838  advancement or reimbursement, or a combination thereof, the
 6839  costs of per diem of university employees and of other
 6840  authorized persons, as defined in s. 112.061(2)(c)
 6841  112.061(2)(e), for foreign travel up to the current rates as
 6842  stated in the grant and contract terms and may also pay
 6843  incidental expenses as authorized by s. 112.061(8). This
 6844  subsection applies to any university employee traveling in
 6845  foreign countries for sponsored programs of the university, if
 6846  such travel expenses are approved in the terms of the contract
 6847  or grant. The provisions of s. 112.061, other than those
 6848  relating to per diem, apply to the travel described in this
 6849  subsection. As used in this subsection, “foreign travel” means
 6850  any travel outside the United States and its territories and
 6851  possessions and Canada. Persons traveling in foreign countries
 6852  pursuant to this section shall not be entitled to reimbursements
 6853  or advancements pursuant to s. 112.061(6)(a)2. for such travel.
 6854         Reviser’s note.—Amended to conform to the reordering of
 6855         definitions in s. 112.061(2) by this act.
 6856         Section 158. Subsection (7) of section 1004.43, Florida
 6857  Statutes, is amended to read:
 6858         1004.43 H. Lee Moffitt Cancer Center and Research
 6859  Institute.—There is established the H. Lee Moffitt Cancer Center
 6860  and Research Institute, a statewide resource for basic and
 6861  clinical research and multidisciplinary approaches to patient
 6862  care.
 6863         (7) In carrying out the provisions of this section, the
 6864  not-for-profit corporation and its subsidiaries are not
 6865  “agencies” within the meaning of s. 20.03(1) 20.03(11).
 6866         Reviser’s note.—Amended to conform to the reordering of
 6867         definitions in s. 20.03 by this act.
 6868         Section 159. Paragraph (b) of subsection (2) of section
 6869  1004.447, Florida Statutes, is amended to read:
 6870         1004.447 Florida Institute for Human and Machine Cognition,
 6871  Inc.—
 6872         (2) The corporation and any authorized and approved
 6873  subsidiary:
 6874         (b) Is not an agency within the meaning of s. 20.03(1)
 6875  20.03(11).
 6876         Reviser’s note.—Amended to conform to the reordering of
 6877         definitions in s. 20.03 by this act.
 6878         Section 160. Subsection (3) of section 1004.648, Florida
 6879  Statutes, is amended to read:
 6880         1004.648 Florida Energy Systems Consortium.—
 6881         (3) The consortium shall consist of the state universities
 6882  as identified under s. 1000.21(8) 1000.21(6).
 6883         Reviser’s note.—Amended to conform to the reordering of
 6884         definitions in s. 1000.21 by this act.
 6885         Section 161. Paragraph (d) of subsection (2) of section
 6886  1004.6496, Florida Statutes, is amended to read:
 6887         1004.6496 Hamilton Center for Classical and Civic
 6888  Education.—
 6889         (2) The goals of the center are to:
 6890         (d) Provide programming and training related to civic
 6891  education and the values of open inquiry and civil discourse to
 6892  support the Early Learning-20 education K-20 system.
 6893         Reviser’s note.—Amended to conform to ch. 2021-10, Laws of
 6894         Florida, which changed references to the K-20 education
 6895         system to the Early Learning-20 education system.
 6896         Section 162. Paragraph (a) of subsection (2) of section
 6897  1004.65, Florida Statutes, is amended to read:
 6898         1004.65 Florida College System institutions; governance,
 6899  mission, and responsibilities.—
 6900         (2) Each Florida College System institution district shall:
 6901         (a) Consist of the county or counties served by the Florida
 6902  College System institution pursuant to s. 1000.21(5) 1000.21(3).
 6903         Reviser’s note.—Amended to conform to the reordering of
 6904         definitions in s. 1000.21 by this act.
 6905         Section 163. Subsection (1) of section 1004.79, Florida
 6906  Statutes, is amended to read:
 6907         1004.79 Incubator facilities for small business concerns.—
 6908         (1) Each Florida College System institution established
 6909  pursuant to s. 1000.21(5) 1000.21(3) may provide incubator
 6910  facilities to eligible small business concerns. As used in this
 6911  section, “small business concern” shall be defined as an
 6912  independently owned and operated business concern incorporated
 6913  in Florida which is not an affiliate or a subsidiary of a
 6914  business dominant in its field of operation, and which employs
 6915  25 or fewer full-time employees. “Incubator facility” shall be
 6916  defined as a facility in which small business concerns share
 6917  common space, equipment, and support personnel and through which
 6918  such concerns have access to professional consultants for advice
 6919  related to the technical and business aspects of conducting a
 6920  commercial enterprise. The Florida College System institution
 6921  board of trustees shall authorize concerns for inclusion in the
 6922  incubator facility.
 6923         Reviser’s note.—Amended to conform to the reordering of
 6924         definitions in s. 1000.21 by this act.
 6925         Section 164. Paragraphs (b) and (c) of subsection (1) of
 6926  section 1006.0626, Florida Statutes, are amended to read:
 6927         1006.0626 Care of students with epilepsy or seizure
 6928  disorders.—
 6929         (1) As used in this section, the term:
 6930         (b) “Medical professional” means a physician licensed under
 6931  chapter 458 or chapter 459, a physician assistant licensed under
 6932  chapter 458 or chapter 459, or an advanced practice practiced
 6933  registered nurse licensed under s. 464.012 who provides epilepsy
 6934  or seizure disorder care to the student.
 6935         (c) “School” has the same meaning as in s. 1003.01(17)
 6936  1003.01(2).
 6937         Reviser’s note.—Paragraph (1)(b) is amended to confirm an
 6938         editorial substitution to conform to context. Paragraph
 6939         (1)(c) is amended to conform to the reordering of
 6940         definitions in s. 1003.01 by this act.
 6941         Section 165. Paragraph (d) of subsection (2) and paragraph
 6942  (b) of subsection (6) of section 1006.07, Florida Statutes, are
 6943  amended to read:
 6944         1006.07 District school board duties relating to student
 6945  discipline and school safety.—The district school board shall
 6946  provide for the proper accounting for all students, for the
 6947  attendance and control of students at school, and for proper
 6948  attention to health, safety, and other matters relating to the
 6949  welfare of students, including:
 6950         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
 6951  conduct for elementary schools and a code of student conduct for
 6952  middle and high schools and distribute the appropriate code to
 6953  all teachers, school personnel, students, and parents, at the
 6954  beginning of every school year. Each code shall be organized and
 6955  written in language that is understandable to students and
 6956  parents and shall be discussed at the beginning of every school
 6957  year in student classes, school advisory council meetings, and
 6958  parent and teacher association or organization meetings. Each
 6959  code shall be based on the rules governing student conduct and
 6960  discipline adopted by the district school board and shall be
 6961  made available in the student handbook or similar publication.
 6962  Each code shall include, but is not limited to:
 6963         (d)1. An explanation of the responsibilities of each
 6964  student with regard to appropriate dress, respect for self and
 6965  others, and the role that appropriate dress and respect for self
 6966  and others has on an orderly learning environment. Each district
 6967  school board shall adopt a dress code policy that prohibits a
 6968  student, while on the grounds of a public school during the
 6969  regular school day, from wearing clothing that exposes underwear
 6970  or body parts in an indecent or vulgar manner or that disrupts
 6971  the orderly learning environment.
 6972         2. Any student who violates the dress policy described in
 6973  subparagraph 1. is subject to the following disciplinary
 6974  actions:
 6975         a. For a first offense, a student shall be given a verbal
 6976  warning and the school principal shall call the student’s parent
 6977  or guardian.
 6978         b. For a second offense, the student is ineligible to
 6979  participate in any extracurricular activity for a period of time
 6980  not to exceed 5 days and the school principal shall meet with
 6981  the student’s parent or guardian.
 6982         c. For a third or subsequent offense, a student shall
 6983  receive an in-school suspension pursuant to s. 1003.01(13)
 6984  1003.01(5) for a period not to exceed 3 days, the student is
 6985  ineligible to participate in any extracurricular activity for a
 6986  period not to exceed 30 days, and the school principal shall
 6987  call the student’s parent or guardian and send the parent or
 6988  guardian a written letter regarding the student’s in-school
 6989  suspension and ineligibility to participate in extracurricular
 6990  activities.
 6991         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
 6992  school superintendent shall establish policies and procedures
 6993  for the prevention of violence on school grounds, including the
 6994  assessment of and intervention with individuals whose behavior
 6995  poses a threat to the safety of the school community.
 6996         (b) Mental health coordinator.—Each district school board
 6997  shall identify a mental health coordinator for the district. The
 6998  mental health coordinator shall serve as the district’s primary
 6999  point of contact regarding the district’s coordination,
 7000  communication, and implementation of student mental health
 7001  policies, procedures, responsibilities, and reporting,
 7002  including:
 7003         1. Coordinating with the Office of Safe Schools,
 7004  established pursuant to s. 1001.212.
 7005         2. Maintaining records and reports regarding student mental
 7006  health as it relates to school safety and the mental health
 7007  assistance allocation under s. 1011.62(13) 1011.62(14).
 7008         3. Facilitating the implementation of school district
 7009  policies relating to the respective duties and responsibilities
 7010  of the school district, the superintendent, and district school
 7011  principals.
 7012         4. Coordinating with the school safety specialist on the
 7013  staffing and training of threat assessment teams and
 7014  facilitating referrals to mental health services, as
 7015  appropriate, for students and their families.
 7016         5. Coordinating with the school safety specialist on the
 7017  training and resources for students and school district staff
 7018  relating to youth mental health awareness and assistance.
 7019         6. Reviewing annually the school district’s policies and
 7020  procedures related to student mental health for compliance with
 7021  state law and alignment with current best practices and making
 7022  make recommendations, as needed, for amending such policies and
 7023  procedures to the superintendent and the district school board.
 7024         Reviser’s note.—Paragraph (2)(d) is amended to conform to the
 7025         reordering of definitions in s. 1003.01 by this act.
 7026         Subparagraph (6)(b)2. is amended to conform to the
 7027         redesignation of s. 1011.62(14) as s. 1011.62(13) by s. 54,
 7028         ch. 2022-154, Laws of Florida. Subparagraph (6)(b)6. is
 7029         amended to confirm an editorial substitution to conform to
 7030         context.
 7031         Section 166. Subsection (1) of section 1006.1493, Florida
 7032  Statutes, is amended to read:
 7033         1006.1493 Florida Safe Schools Assessment Tool.—
 7034         (1) The department, through the Office of Safe Schools
 7035  pursuant to s. 1001.212, shall contract with a security
 7036  consulting firm that specializes in the development of risk
 7037  assessment software solutions and has experience in conducting
 7038  security assessments of public facilities to develop, update,
 7039  and implement a risk assessment tool, which shall be known as
 7040  the Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must
 7041  be the primary physical site security assessment tool as revised
 7042  and required by the Office of Safe Schools which is used by
 7043  school officials at each school district and public school site
 7044  in the state in conducting security assessments.
 7045         Reviser’s note.—Amended to improve clarity.
 7046         Section 167. Paragraph (e) of subsection (2) of section
 7047  1006.28, Florida Statutes, is amended to read:
 7048         1006.28 Duties of district school board, district school
 7049  superintendent; and school principal regarding K-12
 7050  instructional materials.—
 7051         (2) DISTRICT SCHOOL BOARD.—The district school board has
 7052  the constitutional duty and responsibility to select and provide
 7053  adequate instructional materials for all students in accordance
 7054  with the requirements of this part. The district school board
 7055  also has the following specific duties and responsibilities:
 7056         (e) Public participation.—Publish on its website, in a
 7057  searchable format prescribed by the department, a list of all
 7058  instructional materials, including those used to provide
 7059  instruction required by s. 1003.42. Each district school board
 7060  must:
 7061         1. Provide access to all materials, excluding teacher
 7062  editions, in accordance with s. 1006.283(2)(b)8.a. before the
 7063  district school board takes any official action on such
 7064  materials. This process must include reasonable safeguards
 7065  against the unauthorized use, reproduction, and distribution of
 7066  instructional materials considered for adoption.
 7067         2. Select, approve, adopt, or purchase all materials as a
 7068  separate line item on the agenda and must provide a reasonable
 7069  opportunity for public comment. The use of materials described
 7070  in this paragraph may not be selected, approved, or adopted as
 7071  part of a consent agenda.
 7072         3. Annually, beginning June 30, 2023, submit to the
 7073  Commissioner of Education a report that identifies:
 7074         a. Each material for which the school district received an
 7075  objection pursuant to subparagraph (a)2. for the school year and
 7076  the specific objections thereto.
 7077         b. Each material that was removed or discontinued as a
 7078  result of an objection.
 7079         c. The grade level and course for which a removed or
 7080  discontinued material was used, as applicable.
 7081  
 7082  The department shall publish and regularly update a list of
 7083  materials that were removed or discontinued as a result of an
 7084  objection and disseminate the list to school districts for
 7085  consideration in their selection procedures.
 7086         Reviser’s note.—Amended to confirm an editorial deletion to
 7087         conform to context.
 7088         Section 168. Paragraph (a) of subsection (5) of section
 7089  1006.73, Florida Statutes, is amended to read:
 7090         1006.73 Florida Postsecondary Academic Library Network.—
 7091         (5) REPORTING.—
 7092         (a) By Beginning December 31, 2021, and each year
 7093  thereafter, the host entity shall submit a report to the
 7094  Chancellors of the State University System and the Florida
 7095  College System regarding the implementation and operation of all
 7096  components described in this section, including, but not limited
 7097  to, all of the following:
 7098         1. Usage information collected under paragraph (2)(c).
 7099         2. Information and associated costs relating to the
 7100  services and functions of the program.
 7101         3. The implementation and operation of the automated
 7102  library services.
 7103         4. The number and value of grants awarded under paragraph
 7104  (4)(d) and the distribution of those funds.
 7105         5. The number and types of courses placed in the Student
 7106  Open Access Resources Repository.
 7107         6. Information on the utilization of the Student Open
 7108  Access Resources Repository and utilization of open educational
 7109  resources in course sections, by Florida College System
 7110  institution and state university.
 7111         Reviser’s note.—Amended to delete obsolete language.
 7112         Section 169. Paragraph (b) of subsection (1) of section
 7113  1007.33, Florida Statutes, is amended to read:
 7114         1007.33 Site-determined baccalaureate degree access.—
 7115         (1)
 7116         (b) For purposes of this section, the term “district”
 7117  refers to the county or counties served by a Florida College
 7118  System institution pursuant to s. 1000.21(5) 1000.21(3).
 7119         Reviser’s note.—Amended to conform to the reordering of
 7120         definitions in s. 1000.21 by this act.
 7121         Section 170. Subsection (5) of section 1008.24, Florida
 7122  Statutes, is amended to read:
 7123         1008.24 Test administration and security; public records
 7124  exemption.—
 7125         (5) Exceptional students with disabilities, as defined in
 7126  s. 1003.01(9) 1003.01(3), shall have access to testing sites.
 7127  The Department of Education and each school district shall adopt
 7128  policies that are necessary to ensure such access.
 7129         Reviser’s note.—Amended to conform to the reordering of
 7130         definitions in s. 1003.01 by this act.
 7131         Section 171. Paragraph (b) of subsection (2) of section
 7132  1008.47, Florida Statutes, is amended to read:
 7133         1008.47 Postsecondary education institution accreditation.—
 7134         (2) ACCREDITATION.—
 7135         (b) Once a public postsecondary institution is required to
 7136  seek and obtain accreditation from an agency or association
 7137  identified pursuant to paragraph (a), the institution shall seek
 7138  accreditation from a regional accrediting agency or association
 7139  and provide quarterly reports of its progress to the Board of
 7140  Governors or State Board of Education, as applicable. If each
 7141  regional accreditation agency or association identified pursuant
 7142  to paragraph (a) has refused to grant candidacy status to an
 7143  institution, the institution shall seek and obtain accreditation
 7144  from any accrediting agency or association that is different
 7145  from than its current accrediting agency or association and is
 7146  recognized by the database created and maintained by the United
 7147  States Department of Education. If a public postsecondary
 7148  institution is not granted candidacy status before its next
 7149  reaffirmation or fifth-year review date, the institution may
 7150  remain with its current accrediting agency or association.
 7151         Reviser’s note.—Amended to confirm an editorial substitution to
 7152         improve clarity.
 7153         Section 172. Paragraph (c) of subsection (1) of section
 7154  1009.21, Florida Statutes, is amended to read:
 7155         1009.21 Determination of resident status for tuition
 7156  purposes.—Students shall be classified as residents or
 7157  nonresidents for the purpose of assessing tuition in
 7158  postsecondary educational programs offered by charter technical
 7159  career centers or career centers operated by school districts,
 7160  in Florida College System institutions, and in state
 7161  universities.
 7162         (1) As used in this section, the term:
 7163         (c) “Institution of higher education” means any charter
 7164  technical career center as defined in s. 1002.34, career center
 7165  operated by a school district as defined in s. 1001.44, Florida
 7166  College System institution as defined in s. 1000.21(5)
 7167  1000.21(3), or state university as defined in s. 1000.21(8)
 7168  1000.21(6).
 7169         Reviser’s note.—Amended to conform to the reordering of
 7170         definitions in s. 1000.21 by this act.
 7171         Section 173. Subsection (6) of section 1009.286, Florida
 7172  Statutes, is amended to read:
 7173         1009.286 Additional student payment for hours exceeding
 7174  baccalaureate degree program completion requirements at state
 7175  universities.—
 7176         (6) For purposes of this section, the term “state
 7177  university” includes the institutions identified in s.
 7178  1000.21(8) 1000.21(6) and the term “Florida College System
 7179  institution” includes the institutions identified in s.
 7180  1000.21(5) 1000.21(3).
 7181         Reviser’s note.—Amended to conform to the reordering of
 7182         definitions in s. 1000.21 by this act.
 7183         Section 174. Paragraph (c) of subsection (5) of section
 7184  1009.89, Florida Statutes, is amended to read:
 7185         1009.89 The William L. Boyd, IV, Effective Access to
 7186  Student Education grants.—
 7187         (5)
 7188         (c) By September 1 of each year, institutions receiving
 7189  funding as provided in the General Appropriations Act must
 7190  submit an Effective Access to Student Education Grant Program
 7191  Accountability Report to the Department of Education, in a
 7192  format prescribed by the department. The report must use the
 7193  most recently available information on Florida resident students
 7194  and include, at a minimum, the following performance metrics, by
 7195  institution:
 7196         1. Access rate based upon percentage of Pell Grant-eligible
 7197  Pell eligible students.
 7198         2. Affordability rate based upon average student loan debt;
 7199  federal, state, and institutional financial assistance; and
 7200  average tuition and fees.
 7201         3. Graduation rate.
 7202         4. Retention rate.
 7203         5. Postgraduate employment or continuing education rate.
 7204  
 7205  The department shall recommend minimum performance standards
 7206  that institutions must meet to remain eligible to receive grants
 7207  pursuant to this section. Each eligible institution shall post
 7208  prominently on its website, by October 1 of each year, its
 7209  performance on these metrics, as reported to the department.
 7210         Reviser’s note.—Amended to confirm an editorial insertion to
 7211         conform to the complete name of the federal grant offered
 7212         to undergraduate students from low-income households.
 7213         Section 175. Paragraph (c) of subsection (1) of section
 7214  1009.895, Florida Statutes, is amended to read:
 7215         1009.895 Open Door Grant Program.—
 7216         (1) As used in this section, the term:
 7217         (c) “Institution” means school district postsecondary
 7218  technical career centers under s. 1001.44, Florida College
 7219  System institutions under s. 1000.21(5) 1000.21(3), charter
 7220  technical career centers under s. 1002.34, and school districts
 7221  with eligible integrated education and training programs.
 7222         Reviser’s note.—Amended to conform to the reordering of
 7223         definitions in s. 1000.21 by this act.
 7224         Section 176. Paragraph (b) of subsection (2) and paragraph
 7225  (c) of subsection (6) of section 1012.2315, Florida Statutes,
 7226  are amended to read:
 7227         1012.2315 Assignment of teachers.—
 7228         (2) ASSIGNMENT TO SCHOOLS GRADED “D” or “F”.—
 7229         (b)1. A school district may assign an individual newly
 7230  hired as instructional personnel to a school that has earned a
 7231  grade of “F” in the previous year or any combination of three
 7232  consecutive grades of “D” or “F” in the previous 3 years
 7233  pursuant to s. 1008.34 if the individual:
 7234         a. Has received an effective rating or highly effective
 7235  rating in the immediate prior year’s performance evaluation
 7236  pursuant to s. 1012.34;
 7237         b. Has successfully completed or is enrolled in a teacher
 7238  preparation program pursuant to s. 1004.04, s. 1004.85, or s.
 7239  1012.56, or a teacher preparation program specified in State
 7240  Board of Education rule, is provided with high quality mentoring
 7241  during the first 2 years of employment, holds a certificate
 7242  issued pursuant to s. 1012.56, and holds a probationary contract
 7243  pursuant to s. 1012.335(2)(a); or
 7244         c. Holds a probationary contract pursuant to s.
 7245  1012.335(2)(a), holds a certificate issued pursuant to s.
 7246  1012.56, and has successful teaching experience, and if, in the
 7247  judgment of the school principal, students would benefit from
 7248  the placement of that individual.
 7249         2. As used in this paragraph, the term “mentoring” includes
 7250  the use of student achievement data combined with at least
 7251  monthly observations to improve the educator’s effectiveness in
 7252  improving student outcomes. Mentoring may be provided by a
 7253  school district, a teacher preparation program approved pursuant
 7254  to s. 1004.04, s. 1004.85, or s. 1012.56, or a teacher
 7255  preparation program specified in State Board of Education rule.
 7256  
 7257  Each school district shall annually certify to the Commissioner
 7258  of Education that the requirements in this subsection have been
 7259  met. If the commissioner determines that a school district is
 7260  not in compliance with this subsection, the State Board of
 7261  Education shall be notified and shall take action pursuant to s.
 7262  1008.32 in the next regularly scheduled meeting to require
 7263  compliance.
 7264         (6) ASSIGNMENT OF TEACHERS BASED UPON PERFORMANCE
 7265  EVALUATIONS.—
 7266         (c) For a student enrolling in an extracurricular course as
 7267  defined in s. 1003.01(11) 1003.01(15), a parent may choose to
 7268  have the student taught by a teacher who received a performance
 7269  evaluation of “needs improvement” or “unsatisfactory” in the
 7270  preceding school year if the student and the student’s parent
 7271  receive an explanation of the impact of teacher effectiveness on
 7272  student learning and the principal receives written consent from
 7273  the parent.
 7274         Reviser’s note.—Paragraph (2)(b) is amended to improve clarity.
 7275         Paragraph (6)(c) is amended to conform to the reordering of
 7276         definitions in s. 1003.01 by this act.
 7277         Section 177. Except as otherwise expressly provided in this
 7278  act and except for this section, which shall take effect July 1,
 7279  2023, this act shall take effect on the 60th day after
 7280  adjournment sine die of the session of the Legislature in which
 7281  enacted.