ENROLLED
       2017 Legislature                                          SB 502
       
       
       
       
       
       
                                                              2017502er
    1  
    2         An act relating to the Florida Statutes; amending ss.
    3         102.031, 106.24, 120.595, 190.046, 212.08, 215.555,
    4         215.619, 215.985, 253.034, 288.9936, 316.003, 316.545,
    5         316.613, 320.08, 322.121, 373.042, 373.414, 373.4592,
    6         373.707, 376.3071, 393.18, 393.501, 394.461, 400.925,
    7         402.3025, 409.9201, 413.207, 413.402, 440.185,
    8         459.022, 491.0046, 497.458, 499.015, 499.036, 499.83,
    9         553.79, 571.24, 625.111, 627.0629, 627.42392,
   10         627.6562, 627.7074, 633.216, 655.960, 744.20041,
   11         790.065, 832.07, 893.0356, 893.13, 921.0022, 932.7055,
   12         1002.385, 1003.42, 1006.195, 1012.796, and 1013.40,
   13         F.S.; deleting provisions that have expired, have
   14         become obsolete, have had their effect, have served
   15         their purpose, or have been impliedly repealed or
   16         superseded; replacing incorrect cross-references and
   17         citations; correcting grammatical, typographical, and
   18         like errors; removing inconsistencies, redundancies,
   19         and unnecessary repetition in the statutes; and
   20         improving the clarity of the statutes and facilitating
   21         their correct interpretation; providing an effective
   22         date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraph (d) of subsection (4) of section
   27  102.031, Florida Statutes, is amended to read:
   28         102.031 Maintenance of good order at polls; authorities;
   29  persons allowed in polling rooms and early voting areas;
   30  unlawful solicitation of voters.—
   31         (4)
   32         (d) Except as provided in paragraph (a), the supervisor may
   33  not designate a no-solicitation zone or otherwise restrict
   34  access to any person, political committee, committee of
   35  continuous existence, candidate, or other group or organization
   36  for the purposes of soliciting voters. This paragraph applies to
   37  any public or private property used as a polling place or early
   38  voting site.
   39         Reviser’s note.—Amended to conform to the deletion of committees
   40         of continuous existence in ch. 2013-37, Laws of Florida.
   41         Section 2. Subsection (6) of section 106.24, Florida
   42  Statutes, is amended to read:
   43         106.24 Florida Elections Commission; membership; powers;
   44  duties.—
   45         (6) There is established in the State Treasury an Elections
   46  Commission Trust Fund to be used by the Florida Elections
   47  Commission in order to carry out its duties pursuant to ss.
   48  106.24-106.28. The trust fund may also be used by the Secretary
   49  of State, pursuant to his or her authority under s. 97.012(15)
   50  97.012(14), to provide rewards for information leading to
   51  criminal convictions related to voter registration fraud, voter
   52  fraud, and vote scams.
   53         Reviser’s note.—Amended to correct a cross-reference. Section 1,
   54         ch. 2005-277, Laws of Florida, created a new s. 97.012(14)
   55         relating to fraud; s. 69 of that same law amended s.
   56         106.24(6) to conform a cross-reference to the addition of
   57         the new s. 97.012(14). Section 1, ch. 2005-278, Laws of
   58         Florida, also created a new s. 97.012(14) relating to
   59         enforcement of the performance of duties or compliance of
   60         rules with respect to chapters 97 through 102 and 105, and
   61         that law did not amend s. 106.24. The new s. 97.012(14)
   62         added by s. 1, ch. 2005-277, was redesignated as s.
   63         97.012(15), and the cross-reference added by that law in s.
   64         106.24 was never updated to reflect the redesignation.
   65         Section 3. Paragraph (a) of subsection (4) of section
   66  120.595, Florida Statutes, is amended to read:
   67         120.595 Attorney’s fees.—
   68         (4) CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION
   69  120.56(4).—
   70         (a) If the appellate court or administrative law judge
   71  determines that all or part of an agency statement violates s.
   72  120.54(1)(a), or that the agency must immediately discontinue
   73  reliance on the statement and any substantially similar
   74  statement pursuant to s. 120.56(4)(f) 120.56(4)(e), a judgment
   75  or order shall be entered against the agency for reasonable
   76  costs and reasonable attorney’s fees, unless the agency
   77  demonstrates that the statement is required by the Federal
   78  Government to implement or retain a delegated or approved
   79  program or to meet a condition to receipt of federal funds.
   80         Reviser’s note.—Amended to conform to the redesignation of s.
   81         120.56(4)(e) as s. 120.56(4)(f) by s. 3, ch. 2016-116, Laws
   82         of Florida.
   83         Section 4. Paragraph (a) of subsection (4) of section
   84  190.046, Florida Statutes, is amended to read:
   85         190.046 Termination, contraction, or expansion of
   86  district.—
   87         (4)(a) To achieve economies of scale, reduce costs to
   88  affected district residents and businesses in areas with
   89  multiple existing districts, and encourage the merger of
   90  multiple districts, up to five districts that were established
   91  by the same local general-purpose government and whose board
   92  memberships are composed entirely of qualified electors may
   93  merge into one surviving district through adoption of an
   94  ordinance by the local general-purpose government,
   95  notwithstanding the acreage limitations otherwise set forth for
   96  the establishment of a district in this chapter. The filing of a
   97  petition by the majority of the members of each of the district
   98  board of supervisors seeking to merge constitutes consent of the
   99  landowners within each applicable district.
  100         Reviser’s note.—Amended to confirm the editorial deletion of the
  101         words “of the.”
  102         Section 5. Paragraph (p) of subsection (5) of section
  103  212.08, Florida Statutes, is amended to read:
  104         212.08 Sales, rental, use, consumption, distribution, and
  105  storage tax; specified exemptions.—The sale at retail, the
  106  rental, the use, the consumption, the distribution, and the
  107  storage to be used or consumed in this state of the following
  108  are hereby specifically exempt from the tax imposed by this
  109  chapter.
  110         (5) EXEMPTIONS; ACCOUNT OF USE.—
  111         (p) Community contribution tax credit for donations.—
  112         1. Authorization.—Persons who are registered with the
  113  department under s. 212.18 to collect or remit sales or use tax
  114  and who make donations to eligible sponsors are eligible for tax
  115  credits against their state sales and use tax liabilities as
  116  provided in this paragraph:
  117         a. The credit shall be computed as 50 percent of the
  118  person’s approved annual community contribution.
  119         b. The credit shall be granted as a refund against state
  120  sales and use taxes reported on returns and remitted in the 12
  121  months preceding the date of application to the department for
  122  the credit as required in sub-subparagraph 3.c. If the annual
  123  credit is not fully used through such refund because of
  124  insufficient tax payments during the applicable 12-month period,
  125  the unused amount may be included in an application for a refund
  126  made pursuant to sub-subparagraph 3.c. in subsequent years
  127  against the total tax payments made for such year. Carryover
  128  credits may be applied for a 3-year period without regard to any
  129  time limitation that would otherwise apply under s. 215.26.
  130         c. A person may not receive more than $200,000 in annual
  131  tax credits for all approved community contributions made in any
  132  one year.
  133         d. All proposals for the granting of the tax credit require
  134  the prior approval of the Department of Economic Opportunity.
  135         e. The total amount of tax credits which may be granted for
  136  all programs approved under this paragraph, s. 220.183, and s.
  137  624.5105 is $18.4 million in the 2015-2016 fiscal year, $21.4
  138  million in the 2016-2017 fiscal year, and $21.4 million in the
  139  2017-2018 fiscal year for projects that provide housing
  140  opportunities for persons with special needs or homeownership
  141  opportunities for low-income households or very-low-income
  142  households and $3.5 million annually for all other projects. As
  143  used in this paragraph, the term “person with special needs” has
  144  the same meaning as in s. 420.0004 and the terms “low-income
  145  person,” “low-income household,” “very-low-income person,” and
  146  “very-low-income household” have the same meanings as in s.
  147  420.9071.
  148         f. A person who is eligible to receive the credit provided
  149  in this paragraph, s. 220.183, or s. 624.5105 may receive the
  150  credit only under one section of the person’s choice.
  151         2. Eligibility requirements.—
  152         a. A community contribution by a person must be in the
  153  following form:
  154         (I) Cash or other liquid assets;
  155         (II) Real property, including 100 percent ownership of a
  156  real property holding company;
  157         (III) Goods or inventory; or
  158         (IV) Other physical resources identified by the Department
  159  of Economic Opportunity.
  160  
  161  For purposes of this sub-subparagraph subparagraph, the term
  162  “real property holding company” means a Florida entity, such as
  163  a Florida limited liability company, that is wholly owned by the
  164  person; is the sole owner of real property, as defined in s.
  165  192.001(12), located in the state; is disregarded as an entity
  166  for federal income tax purposes pursuant to 26 C.F.R. s.
  167  301.7701-3(b)(1)(ii); and at the time of contribution to an
  168  eligible sponsor, has no material assets other than the real
  169  property and any other property that qualifies as a community
  170  contribution.
  171         b. All community contributions must be reserved exclusively
  172  for use in a project. As used in this sub-subparagraph, the term
  173  “project” means activity undertaken by an eligible sponsor which
  174  is designed to construct, improve, or substantially rehabilitate
  175  housing that is affordable to low-income households or very-low
  176  income households; designed to provide housing opportunities for
  177  persons with special needs; designed to provide commercial,
  178  industrial, or public resources and facilities; or designed to
  179  improve entrepreneurial and job-development opportunities for
  180  low-income persons. A project may be the investment necessary to
  181  increase access to high-speed broadband capability in a rural
  182  community that had an enterprise zone designated pursuant to
  183  chapter 290 as of May 1, 2015, including projects that result in
  184  improvements to communications assets that are owned by a
  185  business. A project may include the provision of museum
  186  educational programs and materials that are directly related to
  187  a project approved between January 1, 1996, and December 31,
  188  1999, and located in an area which was in an enterprise zone
  189  designated pursuant to s. 290.0065 as of May 1, 2015. This
  190  paragraph does not preclude projects that propose to construct
  191  or rehabilitate housing for low-income households or very-low
  192  income households on scattered sites or housing opportunities
  193  for persons with special needs. With respect to housing,
  194  contributions may be used to pay the following eligible special
  195  needs, low-income, and very-low-income housing-related
  196  activities:
  197         (I) Project development impact and management fees for
  198  special needs, low-income, or very-low-income housing projects;
  199         (II) Down payment and closing costs for persons with
  200  special needs, low-income persons, and very-low-income persons;
  201         (III) Administrative costs, including housing counseling
  202  and marketing fees, not to exceed 10 percent of the community
  203  contribution, directly related to special needs, low-income, or
  204  very-low-income projects; and
  205         (IV) Removal of liens recorded against residential property
  206  by municipal, county, or special district local governments if
  207  satisfaction of the lien is a necessary precedent to the
  208  transfer of the property to a low-income person or very-low
  209  income person for the purpose of promoting home ownership.
  210  Contributions for lien removal must be received from a
  211  nonrelated third party.
  212         c. The project must be undertaken by an “eligible sponsor,”
  213  which includes:
  214         (I) A community action program;
  215         (II) A nonprofit community-based development organization
  216  whose mission is the provision of housing for persons with
  217  specials needs, low-income households, or very-low-income
  218  households or increasing entrepreneurial and job-development
  219  opportunities for low-income persons;
  220         (III) A neighborhood housing services corporation;
  221         (IV) A local housing authority created under chapter 421;
  222         (V) A community redevelopment agency created under s.
  223  163.356;
  224         (VI) A historic preservation district agency or
  225  organization;
  226         (VII) A local workforce development board;
  227         (VIII) A direct-support organization as provided in s.
  228  1009.983;
  229         (IX) An enterprise zone development agency created under s.
  230  290.0056;
  231         (X) A community-based organization incorporated under
  232  chapter 617 which is recognized as educational, charitable, or
  233  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
  234  and whose bylaws and articles of incorporation include
  235  affordable housing, economic development, or community
  236  development as the primary mission of the corporation;
  237         (XI) Units of local government;
  238         (XII) Units of state government; or
  239         (XIII) Any other agency that the Department of Economic
  240  Opportunity designates by rule.
  241  
  242  A contributing person may not have a financial interest in the
  243  eligible sponsor.
  244         d. The project must be located in an area which was in an
  245  enterprise zone designated pursuant to chapter 290 as of May 1,
  246  2015, or a Front Porch Florida Community, unless the project
  247  increases access to high-speed broadband capability in a rural
  248  community that had an enterprise zone designated pursuant to
  249  chapter 290 as of May 1, 2015, but is physically located outside
  250  the designated rural zone boundaries. Any project designed to
  251  construct or rehabilitate housing for low-income households or
  252  very-low-income households or housing opportunities for persons
  253  with special needs is exempt from the area requirement of this
  254  sub-subparagraph.
  255         e.(I) If, during the first 10 business days of the state
  256  fiscal year, eligible tax credit applications for projects that
  257  provide housing opportunities for persons with special needs or
  258  homeownership opportunities for low-income households or very
  259  low-income households are received for less than the annual tax
  260  credits available for those projects, the Department of Economic
  261  Opportunity shall grant tax credits for those applications and
  262  grant remaining tax credits on a first-come, first-served basis
  263  for subsequent eligible applications received before the end of
  264  the state fiscal year. If, during the first 10 business days of
  265  the state fiscal year, eligible tax credit applications for
  266  projects that provide housing opportunities for persons with
  267  special needs or homeownership opportunities for low-income
  268  households or very-low-income households are received for more
  269  than the annual tax credits available for those projects, the
  270  Department of Economic Opportunity shall grant the tax credits
  271  for those applications as follows:
  272         (A) If tax credit applications submitted for approved
  273  projects of an eligible sponsor do not exceed $200,000 in total,
  274  the credits shall be granted in full if the tax credit
  275  applications are approved.
  276         (B) If tax credit applications submitted for approved
  277  projects of an eligible sponsor exceed $200,000 in total, the
  278  amount of tax credits granted pursuant to sub-sub-sub
  279  subparagraph (A) shall be subtracted from the amount of
  280  available tax credits, and the remaining credits shall be
  281  granted to each approved tax credit application on a pro rata
  282  basis.
  283         (II) If, during the first 10 business days of the state
  284  fiscal year, eligible tax credit applications for projects other
  285  than those that provide housing opportunities for persons with
  286  special needs or homeownership opportunities for low-income
  287  households or very-low-income households are received for less
  288  than the annual tax credits available for those projects, the
  289  Department of Economic Opportunity shall grant tax credits for
  290  those applications and shall grant remaining tax credits on a
  291  first-come, first-served basis for subsequent eligible
  292  applications received before the end of the state fiscal year.
  293  If, during the first 10 business days of the state fiscal year,
  294  eligible tax credit applications for projects other than those
  295  that provide housing opportunities for persons with special
  296  needs or homeownership opportunities for low-income households
  297  or very-low-income households are received for more than the
  298  annual tax credits available for those projects, the Department
  299  of Economic Opportunity shall grant the tax credits for those
  300  applications on a pro rata basis.
  301         3. Application requirements.—
  302         a. An eligible sponsor seeking to participate in this
  303  program must submit a proposal to the Department of Economic
  304  Opportunity which sets forth the name of the sponsor, a
  305  description of the project, and the area in which the project is
  306  located, together with such supporting information as is
  307  prescribed by rule. The proposal must also contain a resolution
  308  from the local governmental unit in which the project is located
  309  certifying that the project is consistent with local plans and
  310  regulations.
  311         b. A person seeking to participate in this program must
  312  submit an application for tax credit to the Department of
  313  Economic Opportunity which sets forth the name of the sponsor, a
  314  description of the project, and the type, value, and purpose of
  315  the contribution. The sponsor shall verify, in writing, the
  316  terms of the application and indicate its receipt of the
  317  contribution, and such verification must accompany the
  318  application for tax credit. The person must submit a separate
  319  tax credit application to the Department of Economic Opportunity
  320  for each individual contribution that it makes to each
  321  individual project.
  322         c. A person who has received notification from the
  323  Department of Economic Opportunity that a tax credit has been
  324  approved must apply to the department to receive the refund.
  325  Application must be made on the form prescribed for claiming
  326  refunds of sales and use taxes and be accompanied by a copy of
  327  the notification. A person may submit only one application for
  328  refund to the department within a 12-month period.
  329         4. Administration.—
  330         a. The Department of Economic Opportunity may adopt rules
  331  necessary to administer this paragraph, including rules for the
  332  approval or disapproval of proposals by a person.
  333         b. The decision of the Department of Economic Opportunity
  334  must be in writing, and, if approved, the notification shall
  335  state the maximum credit allowable to the person. Upon approval,
  336  the Department of Economic Opportunity shall transmit a copy of
  337  the decision to the department.
  338         c. The Department of Economic Opportunity shall
  339  periodically monitor all projects in a manner consistent with
  340  available resources to ensure that resources are used in
  341  accordance with this paragraph; however, each project must be
  342  reviewed at least once every 2 years.
  343         d. The Department of Economic Opportunity shall, in
  344  consultation with the statewide and regional housing and
  345  financial intermediaries, market the availability of the
  346  community contribution tax credit program to community-based
  347  organizations.
  348         5. Expiration.—This paragraph expires June 30, 2018;
  349  however, any accrued credit carryover that is unused on that
  350  date may be used until the expiration of the 3-year carryover
  351  period for such credit.
  352         Reviser’s note.—Amended to conform to context. Section
  353         212.08(5)(p)2.a., specifically, uses the term “real
  354         property holding company.” The term does not appear
  355         elsewhere in s. 212.08(5)(p)2.
  356         Section 6. Subsection (16) of section 215.555, Florida
  357  Statutes, is repealed.
  358         Reviser’s note.—Amended to repeal an obsolete provision. The
  359         cited subsection relates to a temporary increase in
  360         coverage limit options from the Florida Hurricane
  361         Catastrophe Fund applicable only to the 2007, 2008, 2009,
  362         2010, 2011, 2012, and 2013 hurricane seasons.
  363         Section 7. Subsection (2) of section 215.619, Florida
  364  Statutes, is amended to read:
  365         215.619 Bonds for Everglades restoration.—
  366         (2) The state covenants with the holders of Everglades
  367  restoration bonds that it will not take any action that will
  368  materially and adversely affect the rights of the holders so
  369  long as the bonds are outstanding, including, but not limited
  370  to, a reduction in the portion of documentary stamp taxes
  371  distributable under s. 201.15 205.15 for payment of debt service
  372  on Florida Forever bonds or Everglades restoration bonds.
  373         Reviser’s note.—Amended to correct a cross-reference. Section
  374         205.15 was repealed by s. 2, ch. 67-433, Laws of Florida;
  375         s. 201.15 deals with distribution of taxes collected,
  376         including documentary stamp taxes.
  377         Section 8. Paragraph (a) of subsection (2) of section
  378  215.985, Florida Statutes, is amended to read:
  379         215.985 Transparency in government spending.—
  380         (2) As used in this section, the term:
  381         (a) “Committee” means the Legislative Auditing Committee
  382  created in s. 11.40.
  383         Reviser’s note.—Amended to conform to the fact that s. 11.40 was
  384         amended by s. 12, ch. 2011-34, Laws of Florida, to remove
  385         the language that provided for the creation of the
  386         Legislative Auditing Committee.
  387         Section 9. Paragraph (c) of subsection (9) of section
  388  253.034, Florida Statutes, is amended to read:
  389         253.034 State-owned lands; uses.—
  390         (9) The following additional uses of conservation lands
  391  acquired pursuant to the Florida Forever program and other
  392  state-funded conservation land purchase programs shall be
  393  authorized, upon a finding by the board of trustees, if they
  394  meet the criteria specified in paragraphs (a)-(e): water
  395  resource development projects, water supply development
  396  projects, stormwater management projects, linear facilities, and
  397  sustainable agriculture and forestry. Such additional uses are
  398  authorized if:
  399         (c) The use is appropriately located on such lands and if
  400  due consideration is given to the use of other available lands;
  401  
  402  A decision by the board of trustees pursuant to this section
  403  shall be given a presumption of correctness. Moneys received
  404  from the use of state lands pursuant to this section shall be
  405  returned to the lead managing entity in accordance with s.
  406  259.032(9)(c).
  407         Reviser’s note.—Amended to confirm the editorial deletion of the
  408         word “if.”
  409         Section 10. Subsection (4) of section 288.9936, Florida
  410  Statutes, is amended to read:
  411         288.9936 Annual report of the Microfinance Loan Program.—
  412         (4) The Office of Program Policy Analysis and Government
  413  Accountability shall conduct a study to evaluate the
  414  effectiveness and the Office of Economic and Demographic
  415  Research shall conduct a study to evaluate the return on
  416  investment of the State Small Business Credit Initiative
  417  operated in this state pursuant to 12 U.S.C. ss. 5701 et seq.
  418  The offices shall each submit a report to the President of the
  419  Senate and the Speaker of the House of Representatives by
  420  January 1, 2015.
  421         Reviser’s note.—Amended to delete a provision that has served
  422         its purpose. Office of Program Policy Analysis and
  423         Government Accountability Report No. 15-02 and the Office
  424         of Economic and Demographic Research’s “Evaluation of the
  425         State Small Business Credit Initiative” were submitted and
  426         appear online.
  427         Section 11. Subsection (55) of section 316.003, Florida
  428  Statutes, is amended to read:
  429         316.003 Definitions.—The following words and phrases, when
  430  used in this chapter, shall have the meanings respectively
  431  ascribed to them in this section, except where the context
  432  otherwise requires:
  433         (55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided
  434  in paragraph (77)(b) (75)(b), any privately owned way or place
  435  used for vehicular travel by the owner and those having express
  436  or implied permission from the owner, but not by other persons.
  437         Reviser’s note.—Amended to confirm the editorial substitution of
  438         a reference to paragraph (77)(b) for a reference to
  439         paragraph (75)(b) to conform to the renumbering of subunits
  440         by s. 5, ch. 2016-239, Laws of Florida, and the addition of
  441         subunits by s. 1, ch. 2016-115, Laws of Florida, and s. 3,
  442         ch. 2016-181, Laws of Florida.
  443         Section 12. Paragraph (b) of subsection (2) of section
  444  316.545, Florida Statutes, is amended to read:
  445         316.545 Weight and load unlawful; special fuel and motor
  446  fuel tax enforcement; inspection; penalty; review.—
  447         (2)
  448         (b) The officer or inspector shall inspect the license
  449  plate or registration certificate of the commercial vehicle to
  450  determine whether its gross weight is in compliance with the
  451  declared gross vehicle weight. If its gross weight exceeds the
  452  declared weight, the penalty shall be 5 cents per pound on the
  453  difference between such weights. In those cases when the
  454  commercial vehicle is being operated over the highways of the
  455  state with an expired registration or with no registration from
  456  this or any other jurisdiction or is not registered under the
  457  applicable provisions of chapter 320, the penalty herein shall
  458  apply on the basis of 5 cents per pound on that scaled weight
  459  which exceeds 35,000 pounds on laden truck tractor-semitrailer
  460  combinations or tandem trailer truck combinations, 10,000 pounds
  461  on laden straight trucks or straight truck-trailer combinations,
  462  or 10,000 pounds on any unladen commercial motor vehicle. A
  463  driver of a commercial motor vehicle entering the state at a
  464  designated port-of-entry location, as defined in s. 316.003(54)
  465  316.003(94), or operating on designated routes to a port-of
  466  entry location, who obtains a temporary registration permit
  467  shall be assessed a penalty limited to the difference between
  468  its gross weight and the declared gross vehicle weight at 5
  469  cents per pound. If the license plate or registration has not
  470  been expired for more than 90 days, the penalty imposed under
  471  this paragraph may not exceed $1,000. In the case of special
  472  mobile equipment, which qualifies for the license tax provided
  473  for in s. 320.08(5)(b), being operated on the highways of the
  474  state with an expired registration or otherwise not properly
  475  registered under the applicable provisions of chapter 320, a
  476  penalty of $75 shall apply in addition to any other penalty
  477  which may apply in accordance with this chapter. A vehicle found
  478  in violation of this section may be detained until the owner or
  479  operator produces evidence that the vehicle has been properly
  480  registered. Any costs incurred by the retention of the vehicle
  481  shall be the sole responsibility of the owner. A person who has
  482  been assessed a penalty pursuant to this paragraph for failure
  483  to have a valid vehicle registration certificate pursuant to the
  484  provisions of chapter 320 is not subject to the delinquent fee
  485  authorized in s. 320.07 if such person obtains a valid
  486  registration certificate within 10 working days after such
  487  penalty was assessed.
  488         Reviser’s note.—Amended to confirm the editorial substitution of
  489         a reference to s. 316.003(54) for a reference to s.
  490         316.003(94) to conform to the renumbering of subunits
  491         within s. 316.003 by s. 5, ch. 2016-239, Laws of Florida,
  492         and the addition of subunits by s. 1, ch. 2016-115, Laws of
  493         Florida, and s. 3, ch. 2016-181, Laws of Florida.
  494         Section 13. Paragraph (a) of subsection (2) of section
  495  316.613, Florida Statutes, is amended to read:
  496         316.613 Child restraint requirements.—
  497         (2) As used in this section, the term “motor vehicle” means
  498  a motor vehicle as defined in s. 316.003 that is operated on the
  499  roadways, streets, and highways of the state. The term does not
  500  include:
  501         (a) A school bus as defined in s. 316.003(68) 316.003(66).
  502         Reviser’s note.—Amended to confirm the editorial substitution of
  503         a reference to s. 316.003(68) for a reference to s.
  504         316.003(66) to conform to the renumbering of subunits
  505         within s. 316.003 by s. 5, ch. 2016-239, Laws of Florida,
  506         and the addition of subunits by s. 1, ch. 2016-115, Laws of
  507         Florida, and s. 3, ch. 2016-181, Laws of Florida.
  508         Section 14. Section 320.08, Florida Statutes, is amended to
  509  read:
  510         320.08 License taxes.—Except as otherwise provided herein,
  511  there are hereby levied and imposed annual license taxes for the
  512  operation of motor vehicles, mopeds, motorized bicycles as
  513  defined in s. 316.003(3) 316.003(2), tri-vehicles as defined in
  514  s. 316.003, and mobile homes as defined in s. 320.01, which
  515  shall be paid to and collected by the department or its agent
  516  upon the registration or renewal of registration of the
  517  following:
  518         (1) MOTORCYCLES AND MOPEDS.—
  519         (a) Any motorcycle: $10 flat.
  520         (b) Any moped: $5 flat.
  521         (c) Upon registration of a motorcycle, motor-driven cycle,
  522  or moped, in addition to the license taxes specified in this
  523  subsection, a nonrefundable motorcycle safety education fee in
  524  the amount of $2.50 shall be paid. The proceeds of such
  525  additional fee shall be deposited in the Highway Safety
  526  Operating Trust Fund to fund a motorcycle driver improvement
  527  program implemented pursuant to s. 322.025, the Florida
  528  Motorcycle Safety Education Program established in s. 322.0255,
  529  or the general operations of the department.
  530         (d) An ancient or antique motorcycle: $7.50 flat, of which
  531  $2.50 shall be deposited into the General Revenue Fund.
  532         (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
  533         (a) An ancient or antique automobile, as defined in s.
  534  320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
  535         (b) Net weight of less than 2,500 pounds: $14.50 flat.
  536         (c) Net weight of 2,500 pounds or more, but less than 3,500
  537  pounds: $22.50 flat.
  538         (d) Net weight of 3,500 pounds or more: $32.50 flat.
  539         (3) TRUCKS.—
  540         (a) Net weight of less than 2,000 pounds: $14.50 flat.
  541         (b) Net weight of 2,000 pounds or more, but not more than
  542  3,000 pounds: $22.50 flat.
  543         (c) Net weight more than 3,000 pounds, but not more than
  544  5,000 pounds: $32.50 flat.
  545         (d) A truck defined as a “goat,” or other vehicle if used
  546  in the field by a farmer or in the woods for the purpose of
  547  harvesting a crop, including naval stores, during such
  548  harvesting operations, and which is not principally operated
  549  upon the roads of the state: $7.50 flat. The term “goat” means a
  550  motor vehicle designed, constructed, and used principally for
  551  the transportation of citrus fruit within citrus groves or for
  552  the transportation of crops on farms, and which can also be used
  553  for hauling associated equipment or supplies, including required
  554  sanitary equipment, and the towing of farm trailers.
  555         (e) An ancient or antique truck, as defined in s. 320.086:
  556  $7.50 flat.
  557         (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
  558  VEHICLE WEIGHT.—
  559         (a) Gross vehicle weight of 5,001 pounds or more, but less
  560  than 6,000 pounds: $60.75 flat, of which $15.75 shall be
  561  deposited into the General Revenue Fund.
  562         (b) Gross vehicle weight of 6,000 pounds or more, but less
  563  than 8,000 pounds: $87.75 flat, of which $22.75 shall be
  564  deposited into the General Revenue Fund.
  565         (c) Gross vehicle weight of 8,000 pounds or more, but less
  566  than 10,000 pounds: $103 flat, of which $27 shall be deposited
  567  into the General Revenue Fund.
  568         (d) Gross vehicle weight of 10,000 pounds or more, but less
  569  than 15,000 pounds: $118 flat, of which $31 shall be deposited
  570  into the General Revenue Fund.
  571         (e) Gross vehicle weight of 15,000 pounds or more, but less
  572  than 20,000 pounds: $177 flat, of which $46 shall be deposited
  573  into the General Revenue Fund.
  574         (f) Gross vehicle weight of 20,000 pounds or more, but less
  575  than 26,001 pounds: $251 flat, of which $65 shall be deposited
  576  into the General Revenue Fund.
  577         (g) Gross vehicle weight of 26,001 pounds or more, but less
  578  than 35,000: $324 flat, of which $84 shall be deposited into the
  579  General Revenue Fund.
  580         (h) Gross vehicle weight of 35,000 pounds or more, but less
  581  than 44,000 pounds: $405 flat, of which $105 shall be deposited
  582  into the General Revenue Fund.
  583         (i) Gross vehicle weight of 44,000 pounds or more, but less
  584  than 55,000 pounds: $773 flat, of which $201 shall be deposited
  585  into the General Revenue Fund.
  586         (j) Gross vehicle weight of 55,000 pounds or more, but less
  587  than 62,000 pounds: $916 flat, of which $238 shall be deposited
  588  into the General Revenue Fund.
  589         (k) Gross vehicle weight of 62,000 pounds or more, but less
  590  than 72,000 pounds: $1,080 flat, of which $280 shall be
  591  deposited into the General Revenue Fund.
  592         (l) Gross vehicle weight of 72,000 pounds or more: $1,322
  593  flat, of which $343 shall be deposited into the General Revenue
  594  Fund.
  595         (m) Notwithstanding the declared gross vehicle weight, a
  596  truck tractor used within a 150-mile radius of its home address
  597  is eligible for a license plate for a fee of $324 flat if:
  598         1. The truck tractor is used exclusively for hauling
  599  forestry products; or
  600         2. The truck tractor is used primarily for the hauling of
  601  forestry products, and is also used for the hauling of
  602  associated forestry harvesting equipment used by the owner of
  603  the truck tractor.
  604  
  605  Of the fee imposed by this paragraph, $84 shall be deposited
  606  into the General Revenue Fund.
  607         (n) A truck tractor or heavy truck, not operated as a for
  608  hire vehicle, which is engaged exclusively in transporting raw,
  609  unprocessed, and nonmanufactured agricultural or horticultural
  610  products within a 150-mile radius of its home address, is
  611  eligible for a restricted license plate for a fee of:
  612         1. If such vehicle’s declared gross vehicle weight is less
  613  than 44,000 pounds, $87.75 flat, of which $22.75 shall be
  614  deposited into the General Revenue Fund.
  615         2. If such vehicle’s declared gross vehicle weight is
  616  44,000 pounds or more and such vehicle only transports from the
  617  point of production to the point of primary manufacture; to the
  618  point of assembling the same; or to a shipping point of a rail,
  619  water, or motor transportation company, $324 flat, of which $84
  620  shall be deposited into the General Revenue Fund.
  621  
  622  Such not-for-hire truck tractors and heavy trucks used
  623  exclusively in transporting raw, unprocessed, and
  624  nonmanufactured agricultural or horticultural products may be
  625  incidentally used to haul farm implements and fertilizers
  626  delivered direct to the growers. The department may require any
  627  documentation deemed necessary to determine eligibility prior to
  628  issuance of this license plate. For the purpose of this
  629  paragraph, “not-for-hire” means the owner of the motor vehicle
  630  must also be the owner of the raw, unprocessed, and
  631  nonmanufactured agricultural or horticultural product, or the
  632  user of the farm implements and fertilizer being delivered.
  633         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
  634  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
  635         (a)1. A semitrailer drawn by a GVW truck tractor by means
  636  of a fifth-wheel arrangement: $13.50 flat per registration year
  637  or any part thereof, of which $3.50 shall be deposited into the
  638  General Revenue Fund.
  639         2. A semitrailer drawn by a GVW truck tractor by means of a
  640  fifth-wheel arrangement: $68 flat per permanent registration, of
  641  which $18 shall be deposited into the General Revenue Fund.
  642         (b) A motor vehicle equipped with machinery and designed
  643  for the exclusive purpose of well drilling, excavation,
  644  construction, spraying, or similar activity, and which is not
  645  designed or used to transport loads other than the machinery
  646  described above over public roads: $44 flat, of which $11.50
  647  shall be deposited into the General Revenue Fund.
  648         (c) A school bus used exclusively to transport pupils to
  649  and from school or school or church activities or functions
  650  within their own county: $41 flat, of which $11 shall be
  651  deposited into the General Revenue Fund.
  652         (d) A wrecker, as defined in s. 320.01, which is used to
  653  tow a vessel as defined in s. 327.02, a disabled, abandoned,
  654  stolen-recovered, or impounded motor vehicle as defined in s.
  655  320.01, or a replacement motor vehicle as defined in s. 320.01:
  656  $41 flat, of which $11 shall be deposited into the General
  657  Revenue Fund.
  658         (e) A wrecker that is used to tow any nondisabled motor
  659  vehicle, a vessel, or any other cargo unless used as defined in
  660  paragraph (d), as follows:
  661         1. Gross vehicle weight of 10,000 pounds or more, but less
  662  than 15,000 pounds: $118 flat, of which $31 shall be deposited
  663  into the General Revenue Fund.
  664         2. Gross vehicle weight of 15,000 pounds or more, but less
  665  than 20,000 pounds: $177 flat, of which $46 shall be deposited
  666  into the General Revenue Fund.
  667         3. Gross vehicle weight of 20,000 pounds or more, but less
  668  than 26,000 pounds: $251 flat, of which $65 shall be deposited
  669  into the General Revenue Fund.
  670         4. Gross vehicle weight of 26,000 pounds or more, but less
  671  than 35,000 pounds: $324 flat, of which $84 shall be deposited
  672  into the General Revenue Fund.
  673         5. Gross vehicle weight of 35,000 pounds or more, but less
  674  than 44,000 pounds: $405 flat, of which $105 shall be deposited
  675  into the General Revenue Fund.
  676         6. Gross vehicle weight of 44,000 pounds or more, but less
  677  than 55,000 pounds: $772 flat, of which $200 shall be deposited
  678  into the General Revenue Fund.
  679         7. Gross vehicle weight of 55,000 pounds or more, but less
  680  than 62,000 pounds: $915 flat, of which $237 shall be deposited
  681  into the General Revenue Fund.
  682         8. Gross vehicle weight of 62,000 pounds or more, but less
  683  than 72,000 pounds: $1,080 flat, of which $280 shall be
  684  deposited into the General Revenue Fund.
  685         9. Gross vehicle weight of 72,000 pounds or more: $1,322
  686  flat, of which $343 shall be deposited into the General Revenue
  687  Fund.
  688         (f) A hearse or ambulance: $40.50 flat, of which $10.50
  689  shall be deposited into the General Revenue Fund.
  690         (6) MOTOR VEHICLES FOR HIRE.—
  691         (a) Under nine passengers: $17 flat, of which $4.50 shall
  692  be deposited into the General Revenue Fund; plus $1.50 per cwt,
  693  of which 50 cents shall be deposited into the General Revenue
  694  Fund.
  695         (b) Nine passengers and over: $17 flat, of which $4.50
  696  shall be deposited into the General Revenue Fund; plus $2 per
  697  cwt, of which 50 cents shall be deposited into the General
  698  Revenue Fund.
  699         (7) TRAILERS FOR PRIVATE USE.—
  700         (a) Any trailer weighing 500 pounds or less: $6.75 flat per
  701  year or any part thereof, of which $1.75 shall be deposited into
  702  the General Revenue Fund.
  703         (b) Net weight over 500 pounds: $3.50 flat, of which $1
  704  shall be deposited into the General Revenue Fund; plus $1 per
  705  cwt, of which 25 cents shall be deposited into the General
  706  Revenue Fund.
  707         (8) TRAILERS FOR HIRE.—
  708         (a) Net weight under 2,000 pounds: $3.50 flat, of which $1
  709  shall be deposited into the General Revenue Fund; plus $1.50 per
  710  cwt, of which 50 cents shall be deposited into the General
  711  Revenue Fund.
  712         (b) Net weight 2,000 pounds or more: $13.50 flat, of which
  713  $3.50 shall be deposited into the General Revenue Fund; plus
  714  $1.50 per cwt, of which 50 cents shall be deposited into the
  715  General Revenue Fund.
  716         (9) RECREATIONAL VEHICLE-TYPE UNITS.—
  717         (a) A travel trailer or fifth-wheel trailer, as defined by
  718  s. 320.01(1)(b), that does not exceed 35 feet in length: $27
  719  flat, of which $7 shall be deposited into the General Revenue
  720  Fund.
  721         (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
  722  $13.50 flat, of which $3.50 shall be deposited into the General
  723  Revenue Fund.
  724         (c) A motor home, as defined by s. 320.01(1)(b)4.:
  725         1. Net weight of less than 4,500 pounds: $27 flat, of which
  726  $7 shall be deposited into the General Revenue Fund.
  727         2. Net weight of 4,500 pounds or more: $47.25 flat, of
  728  which $12.25 shall be deposited into the General Revenue Fund.
  729         (d) A truck camper as defined by s. 320.01(1)(b)3.:
  730         1. Net weight of less than 4,500 pounds: $27 flat, of which
  731  $7 shall be deposited into the General Revenue Fund.
  732         2. Net weight of 4,500 pounds or more: $47.25 flat, of
  733  which $12.25 shall be deposited into the General Revenue Fund.
  734         (e) A private motor coach as defined by s. 320.01(1)(b)5.:
  735         1. Net weight of less than 4,500 pounds: $27 flat, of which
  736  $7 shall be deposited into the General Revenue Fund.
  737         2. Net weight of 4,500 pounds or more: $47.25 flat, of
  738  which $12.25 shall be deposited into the General Revenue Fund.
  739         (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
  740  35 FEET TO 40 FEET.—
  741         (a) Park trailers.—Any park trailer, as defined in s.
  742  320.01(1)(b)7.: $25 flat.
  743         (b) A travel trailer or fifth-wheel trailer, as defined in
  744  s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
  745         (11) MOBILE HOMES.—
  746         (a) A mobile home not exceeding 35 feet in length: $20
  747  flat.
  748         (b) A mobile home over 35 feet in length, but not exceeding
  749  40 feet: $25 flat.
  750         (c) A mobile home over 40 feet in length, but not exceeding
  751  45 feet: $30 flat.
  752         (d) A mobile home over 45 feet in length, but not exceeding
  753  50 feet: $35 flat.
  754         (e) A mobile home over 50 feet in length, but not exceeding
  755  55 feet: $40 flat.
  756         (f) A mobile home over 55 feet in length, but not exceeding
  757  60 feet: $45 flat.
  758         (g) A mobile home over 60 feet in length, but not exceeding
  759  65 feet: $50 flat.
  760         (h) A mobile home over 65 feet in length: $80 flat.
  761         (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
  762  motor vehicle dealer, independent motor vehicle dealer, marine
  763  boat trailer dealer, or mobile home dealer and manufacturer
  764  license plate: $17 flat, of which $4.50 shall be deposited into
  765  the General Revenue Fund.
  766         (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
  767  official license plate: $4 flat, of which $1 shall be deposited
  768  into the General Revenue Fund.
  769         (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
  770  vehicle for hire operated wholly within a city or within 25
  771  miles thereof: $17 flat, of which $4.50 shall be deposited into
  772  the General Revenue Fund; plus $2 per cwt, of which 50 cents
  773  shall be deposited into the General Revenue Fund.
  774         (15) TRANSPORTER.—Any transporter license plate issued to a
  775  transporter pursuant to s. 320.133: $101.25 flat, of which
  776  $26.25 shall be deposited into the General Revenue Fund.
  777         Reviser’s note.—Amended to conform to the redesignation of s.
  778         316.003(2) as s. 316.003(3) to conform to the reordering of
  779         subunits by s. 5, ch. 2016-239, Laws of Florida.
  780         Section 15. Paragraph (b) of subsection (2) of section
  781  322.121, Florida Statutes, is amended to read:
  782         322.121 Periodic reexamination of all drivers.—
  783         (2) For each licensee whose driving record does not show
  784  any revocations, disqualifications, or suspensions for the
  785  preceding 7 years or any convictions for the preceding 3 years
  786  except for convictions of the following nonmoving violations:
  787         (b) Failure to renew a motor vehicle or mobile home
  788  registration that has been expired for 6 4 months or less
  789  pursuant to s. 320.07(3)(a);
  790  
  791  the department shall cause such licensee’s license to be
  792  prominently marked with the notation “Safe Driver.”
  793         Reviser’s note.—Amended to conform to the fact that s. 7, ch.
  794         97-300, Laws of Florida, amended s. 320.07(3)(a) to change
  795         the expiration period from 4 months or less to 6 months or
  796         less.
  797         Section 16. Subsection (7) of section 373.042, Florida
  798  Statutes, is amended to read:
  799         373.042 Minimum flows and minimum water levels.—
  800         (7) If a petition for administrative hearing is filed under
  801  chapter 120 challenging the establishment of a minimum flow or
  802  minimum water level, the report of an independent scientific
  803  peer review conducted under subsection (6) (5) is admissible as
  804  evidence in the final hearing, and the administrative law judge
  805  must render the order within 120 days after the filing of the
  806  petition. The time limit for rendering the order shall not be
  807  extended except by agreement of all the parties. To the extent
  808  that the parties agree to the findings of the peer review, they
  809  may stipulate that those findings be incorporated as findings of
  810  fact in the final order.
  811         Reviser’s note.—Amended to correct a cross-reference. Subsection
  812         (5) relates to provision of technical information and staff
  813         support and rulemaking; subsection (6) references
  814         independent scientific peer review.
  815         Section 17. Paragraph (d) of subsection (19) of section
  816  373.414, Florida Statutes, is amended to read:
  817         373.414 Additional criteria for activities in surface
  818  waters and wetlands.—
  819         (19)
  820         (d) Nothing provided in this subsection supersedes or
  821  modifies the financial responsibility requirements of s. 378.208
  822  378.209.
  823         Reviser’s note.—Amended to correct a cross-reference. Section
  824         378.209 relates to timing of reclamation; s. 378.208
  825         relates to financial responsibility.
  826         Section 18. Paragraph (d) of subsection (3) and paragraph
  827  (e) of subsection (4) of section 373.4592, Florida Statutes, are
  828  amended to read:
  829         373.4592 Everglades improvement and management.—
  830         (3) EVERGLADES LONG-TERM PLAN.—
  831         (d) The Legislature intends that a review of this act at
  832  least 10 years after implementation of the Long-Term Plan is
  833  appropriate and necessary to the public interest. The review is
  834  the best way to ensure that the Everglades Protection Area is
  835  achieving state water quality standards, including phosphorus
  836  reduction, and the Long-Term Plan is using the best technology
  837  available.
  838         (4) EVERGLADES PROGRAM.—
  839         (e) Evaluation of water quality standards.—
  840         1. The department and the district shall employ all means
  841  practicable to complete by December 31, 1998, any additional
  842  research necessary to:
  843         a. Numerically interpret for phosphorus the Class III
  844  narrative nutrient criterion necessary to meet water quality
  845  standards in the Everglades Protection Area; and
  846         b. Evaluate existing water quality standards applicable to
  847  the Everglades Protection Area and EAA canals.
  848         2. In no case shall such phosphorus criterion allow waters
  849  in the Everglades Protection Area to be altered so as to cause
  850  an imbalance in the natural populations of aquatic flora or
  851  fauna. The phosphorus criterion shall be 10 parts per billion
  852  (ppb) in the Everglades Protection Area in the event the
  853  department does not adopt by rule such criterion by December 31,
  854  2003. However, in the event the department fails to adopt a
  855  phosphorus criterion on or before December 31, 2002, any person
  856  whose substantial interests would be affected by the rulemaking
  857  shall have the right, on or before February 28, 2003, to
  858  petition for a writ of mandamus to compel the department to
  859  adopt by rule such criterion. Venue for the mandamus action must
  860  be Leon County. The court may stay implementation of the 10
  861  parts per billion (ppb) criterion during the pendency of the
  862  mandamus proceeding upon a demonstration by the petitioner of
  863  irreparable harm in the absence of such relief. The department’s
  864  phosphorus criterion, whenever adopted, shall supersede the 10
  865  parts per billion (ppb) criterion otherwise established by this
  866  section, but shall not be lower than the natural conditions of
  867  the Everglades Protection Area and shall take into account
  868  spatial and temporal variability. The department’s rule adopting
  869  a phosphorus criterion may include moderating provisions during
  870  the implementation of the initial phase of the Long-Term Plan
  871  authorizing discharges based upon BAPRT providing net
  872  improvement to impacted areas. Discharges to unimpacted areas
  873  may also be authorized by moderating provisions, which shall
  874  require BAPRT, and which must be based upon a determination by
  875  the department that the environmental benefits of the discharge
  876  clearly outweigh potential adverse impacts and otherwise comply
  877  with antidegradation requirements. Moderating provisions
  878  authorized by this section shall not extend beyond December 2016
  879  unless further authorized by the Legislature pursuant to
  880  paragraph (3)(d).
  881         3. The department shall use the best available information
  882  to define relationships between waters discharged to, and the
  883  resulting water quality in, the Everglades Protection Area. The
  884  department or the district shall use these relationships to
  885  establish discharge limits in permits for discharges into the
  886  EAA canals and the Everglades Protection Area necessary to
  887  prevent an imbalance in the natural populations of aquatic flora
  888  or fauna in the Everglades Protection Area, and to provide a net
  889  improvement in the areas already impacted. During the
  890  implementation of the initial phase of the Long-Term Plan,
  891  permits issued by the department shall be based on BAPRT and
  892  shall include technology-based effluent limitations consistent
  893  with the Long-Term Plan. Compliance with the phosphorus
  894  criterion shall be based upon a long-term geometric mean of
  895  concentration levels to be measured at sampling stations
  896  recognized from the research to be reasonably representative of
  897  receiving waters in the Everglades Protection Area, and so
  898  located so as to assure that the Everglades Protection Area is
  899  not altered so as to cause an imbalance in natural populations
  900  of aquatic flora and fauna and to assure a net improvement in
  901  the areas already impacted. For the Everglades National Park and
  902  the Arthur R. Marshall Loxahatchee National Wildlife Refuge, the
  903  method for measuring compliance with the phosphorus criterion
  904  shall be in a manner consistent with Appendices A and B,
  905  respectively, of the settlement agreement dated July 26, 1991,
  906  entered in case No. 88-1886-Civ-Hoeveler, United States District
  907  Court for the Southern District of Florida, that recognizes and
  908  provides for incorporation of relevant research.
  909         4. The department’s evaluation of any other water quality
  910  standards must include the department’s antidegradation
  911  standards and EAA canal classifications. In recognition of the
  912  special nature of the conveyance canals of the EAA, as a
  913  component of the classification process, the department is
  914  directed to formally recognize by rulemaking existing actual
  915  beneficial uses of the conveyance canals in the EAA. This shall
  916  include recognition of the Class III designated uses of
  917  recreation, propagation and maintenance of a healthy, well
  918  balanced population of fish and wildlife, the integrated water
  919  management purposes for which the Central and Southern Florida
  920  Flood Control Project was constructed, flood control, conveyance
  921  of water to and from Lake Okeechobee for urban and agricultural
  922  water supply, Everglades hydroperiod restoration, conveyance of
  923  water to the STAs, and navigation.
  924         Reviser’s note.—Paragraph (3)(d) is amended to delete a
  925         provision that has served its purpose. Section 1, ch. 2013
  926         59, Laws of Florida, amended s. 373.4592, the Everglades
  927         Forever Act, based on results of the review 10 years after
  928         the long-term plan was implemented per substantive
  929         committee staff. Paragraph (4)(e) is amended to delete a
  930         reference to paragraph (3)(d).
  931         Section 19. Paragraph (a) of subsection (6) of section
  932  373.707, Florida Statutes, is amended to read:
  933         373.707 Alternative water supply development.—
  934         (6)(a) If state funds are provided through specific
  935  appropriation or pursuant to the Water Protection and
  936  Sustainability Program, such funds serve to supplement existing
  937  water management district or basin board funding for alternative
  938  water supply development assistance and should not result in a
  939  reduction of such funding. For each project identified in the
  940  annual funding plans prepared pursuant to s. 373.536(6)(a)4.,
  941  the water management districts shall include in the annual
  942  tentative and adopted budget submittals required under this
  943  chapter the amount of funds allocated for water resource
  944  development that supports alternative water supply development
  945  and the funds allocated for alternative water supply projects.
  946  It shall be the goal of each water management district and basin
  947  boards that the combined funds allocated annually for these
  948  purposes be, at a minimum, the equivalent of 100 percent of the
  949  state funding provided to the water management district for
  950  alternative water supply development. If this goal is not
  951  achieved, the water management district shall provide in the
  952  budget submittal an explanation of the reasons or constraints
  953  that prevent this goal from being met and, an explanation of how
  954  the goal will be met in future years, and affirmation of match
  955  is required during the budget review process as established
  956  under s. 373.536(5). The Suwannee River Water Management
  957  District and the Northwest Florida Water Management District
  958  shall not be required to meet the match requirements of this
  959  paragraph; however, they shall try to achieve the match
  960  requirement to the greatest extent practicable.
  961         Reviser’s note.—Amended to facilitate correct interpretation.
  962         Section 20. Paragraph (b) of subsection (12) of section
  963  376.3071, Florida Statutes, is amended to read:
  964         376.3071 Inland Protection Trust Fund; creation; purposes;
  965  funding.—
  966         (12) SITE CLEANUP.—
  967         (b) Low-scored site initiative.—Notwithstanding subsections
  968  (5) and (6), a site with a priority ranking score of 29 points
  969  or less may voluntarily participate in the low-scored site
  970  initiative regardless of whether the site is eligible for state
  971  restoration funding.
  972         1. To participate in the low-scored site initiative, the
  973  property owner, or a responsible party who provides evidence of
  974  authorization from the property owner, must submit a “No Further
  975  Action” proposal and affirmatively demonstrate that the
  976  conditions imposed under subparagraph 4. are met.
  977         2. Upon affirmative demonstration that the conditions
  978  imposed under subparagraph 4. are met, the department shall
  979  issue a site rehabilitation completion order incorporating the
  980  “No Further Action” proposal submitted by the property owner or
  981  the responsible party, who must provide evidence of
  982  authorization from the property owner. If no contamination is
  983  detected, the department may issue a site rehabilitation
  984  completion order.
  985         3. Sites that are eligible for state restoration funding
  986  may receive payment of costs for the low-scored site initiative
  987  as follows:
  988         a. A property owner, or a responsible party who provides
  989  evidence of authorization from the property owner, may submit an
  990  assessment and limited remediation plan designed to
  991  affirmatively demonstrate that the site meets the conditions
  992  imposed under subparagraph 4. Notwithstanding the priority
  993  ranking score of the site, the department may approve the cost
  994  of the assessment and limited remediation, including up to 12
  995  months of groundwater monitoring and 12 months of limited
  996  remediation activities in one or more task assignments or
  997  modifications thereof, not to exceed the threshold amount
  998  provided in s. 287.017 for CATEGORY TWO, for each site where the
  999  department has determined that the assessment and limited
 1000  remediation, if applicable, will likely result in a
 1001  determination of “No Further Action.” The department may not pay
 1002  the costs associated with the establishment of institutional or
 1003  engineering controls other than the costs associated with a
 1004  professional land survey or a specific purpose survey, if such
 1005  is needed, and the costs associated with obtaining a title
 1006  report and paying recording fees.
 1007         b. After the approval of initial site assessment results
 1008  provided pursuant to state funding under sub-subparagraph a.,
 1009  the department may approve an additional amount not to exceed
 1010  the threshold amount provided in s. 287.017 for CATEGORY TWO for
 1011  limited remediation needed to achieve a determination of “No
 1012  Further Action.”
 1013         c. The assessment and limited remediation work shall be
 1014  completed no later than 15 months after the department
 1015  authorizes the start of a state-funded, low-score site
 1016  initiative task. If groundwater monitoring is required after the
 1017  assessment and limited remediation in order to satisfy the
 1018  conditions under subparagraph 4., the department may authorize
 1019  an additional 12 months to complete the monitoring.
 1020         d. No more than $15 million for the low-scored site
 1021  initiative may be encumbered from the fund in any fiscal year.
 1022  Funds shall be made available on a first-come, first-served
 1023  basis and shall be limited to 10 sites in each fiscal year for
 1024  each property owner or each responsible party who provides
 1025  evidence of authorization from the property owner.
 1026         e. Program deductibles, copayments, and the limited
 1027  contamination assessment report requirements under paragraph
 1028  (13)(d) do not apply to expenditures under this paragraph.
 1029         4. The department shall issue an order incorporating the
 1030  “No Further Action” proposal submitted by a property owner or a
 1031  responsible party who provides evidence of authorization from
 1032  the property owner upon affirmative demonstration that all of
 1033  the following conditions are met:
 1034         a. Soil saturated with petroleum or petroleum products, or
 1035  soil that causes a total corrected hydrocarbon measurement of
 1036  500 parts per million or higher for the Gasoline Analytical
 1037  Group or 50 parts per million or higher for the Kerosene
 1038  Analytical Group, as defined by department rule, does not exist
 1039  onsite as a result of a release of petroleum products.
 1040         b. A minimum of 12 months of groundwater monitoring
 1041  indicates that the plume is shrinking or stable.
 1042         c. The release of petroleum products at the site does not
 1043  adversely affect adjacent surface waters, including their
 1044  effects on human health and the environment.
 1045         d. The area containing the petroleum products’ chemicals of
 1046  concern:
 1047         (I) Is confined to the source property boundaries of the
 1048  real property on which the discharge originated, unless the
 1049  property owner has requested or authorized a more limited area
 1050  in the “No Further Action” proposal submitted under this
 1051  subsection; or
 1052         (II) Has migrated from the source property onto or beneath
 1053  a transportation facility as defined in s. 334.03(30) for which
 1054  the department has approved, and the governmental entity owning
 1055  the transportation facility has agreed to institutional controls
 1056  as defined in s. 376.301(22) 376.301(21). This sub-sub
 1057  subparagraph does not, however, impose any legal liability on
 1058  the transportation facility owner, obligate such owner to engage
 1059  in remediation, or waive such owner’s right to recover costs for
 1060  damages.
 1061         e. The groundwater contamination containing the petroleum
 1062  products’ chemicals of concern is not a threat to any permitted
 1063  potable water supply well.
 1064         f. Soils onsite found between land surface and 2 feet below
 1065  land surface which are subject to human exposure meet the soil
 1066  cleanup target levels established in subparagraph (5)(b)9., or
 1067  human exposure is limited by appropriate institutional or
 1068  engineering controls.
 1069  
 1070  Issuance of a site rehabilitation completion order under this
 1071  paragraph acknowledges that minimal contamination exists onsite
 1072  and that such contamination is not a threat to the public
 1073  health, safety, or welfare; water resources; or the environment.
 1074  Pursuant to subsection (4), the issuance of the site
 1075  rehabilitation completion order, with or without conditions,
 1076  does not alter eligibility for state-funded rehabilitation that
 1077  would otherwise be applicable under this section.
 1078         Reviser’s note.—Amended to confirm the editorial insertion of
 1079         the word “in” and the editorial substitution of a reference
 1080         to s. 376.301(22) for a reference to s. 376.301(21) to
 1081         conform to the redesignation of subunits by s. 1, ch. 2016
 1082         184, Laws of Florida.
 1083         Section 21. Paragraph (c) of subsection (1) of section
 1084  393.18, Florida Statutes, is amended to read:
 1085         393.18 Comprehensive transitional education program.—A
 1086  comprehensive transitional education program serves individuals
 1087  who have developmental disabilities, severe maladaptive
 1088  behaviors, severe maladaptive behaviors and co-occurring complex
 1089  medical conditions, or a dual diagnosis of developmental
 1090  disability and mental illness. Services provided by the program
 1091  must be temporary in nature and delivered in a manner designed
 1092  to achieve the primary goal of incorporating the principles of
 1093  self-determination and person-centered planning to transition
 1094  individuals to the most appropriate, least restrictive community
 1095  living option of their choice which is not operated as a
 1096  comprehensive transitional education program. The supervisor of
 1097  the clinical director of the program licensee must hold a
 1098  doctorate degree with a primary focus in behavior analysis from
 1099  an accredited university, be a certified behavior analyst
 1100  pursuant to s. 393.17, and have at least 1 year of experience in
 1101  providing behavior analysis services for individuals in
 1102  developmental disabilities. The staff must include behavior
 1103  analysts and teachers, as appropriate, who must be available to
 1104  provide services in each component center or unit of the
 1105  program. A behavior analyst must be certified pursuant to s.
 1106  393.17.
 1107         (1) Comprehensive transitional education programs must
 1108  include the following components:
 1109         (c) Transition.—This component provides educational
 1110  programs and any support services, training, and care that are
 1111  needed to avoid regression to more restrictive environments
 1112  while preparing individuals them for more independent living.
 1113  Continuous-shift staff are be required for this component.
 1114         Reviser’s note.—Amended to improve clarity and to confirm the
 1115         editorial deletion of the word “be.”
 1116         Section 22. Subsection (2) of section 393.501, Florida
 1117  Statutes, is amended to read:
 1118         393.501 Rulemaking.—
 1119         (2) Such rules must address the number of facilities on a
 1120  single lot or on adjacent lots, except that there is no
 1121  restriction on the number of facilities designated as community
 1122  residential homes located within a planned residential community
 1123  as those terms are defined in s. 419.001(1). In adopting rules,
 1124  an alternative living center and an independent living education
 1125  center, as described in s. 393.18, are subject to s. 419.001,
 1126  except that such centers are exempt from the 1,000-foot-radius
 1127  requirement of s. 419.001(2) if:
 1128         (a) The centers are located on a site zoned in a manner
 1129  that permits all the components of a comprehensive transitional
 1130  education center to be located on the site; or
 1131         (b) There are no more than three such centers within a
 1132  radius of 1,000 feet.
 1133         Reviser’s note.—Amended to delete obsolete language. Section
 1134         393.18(1)(d) and (e), which related to alternative living
 1135         centers and independent living education centers,
 1136         respectively, were deleted by s. 10, ch. 2016-140, Laws of
 1137         Florida.
 1138         Section 23. Paragraph (c) of subsection (4) of section
 1139  394.461, Florida Statutes, is amended to read:
 1140         394.461 Designation of receiving and treatment facilities
 1141  and receiving systems.—The department is authorized to designate
 1142  and monitor receiving facilities, treatment facilities, and
 1143  receiving systems and may suspend or withdraw such designation
 1144  for failure to comply with this part and rules adopted under
 1145  this part. Unless designated by the department, facilities are
 1146  not permitted to hold or treat involuntary patients under this
 1147  part.
 1148         (4) REPORTING REQUIREMENTS.—
 1149         (c) The data required under this subsection shall be
 1150  submitted to the department no later than 90 days following the
 1151  end of the facility’s fiscal year. A facility designated as a
 1152  public receiving or treatment facility shall submit its initial
 1153  report for the 6-month period ending June 30, 2008.
 1154         Reviser’s note.—Amended to delete obsolete language.
 1155         Section 24. Subsection (6) of section 400.925, Florida
 1156  Statutes, is amended to read:
 1157         400.925 Definitions.—As used in this part, the term:
 1158         (6) “Home medical equipment” includes any product as
 1159  defined by the Food and Federal Drug Administration’s Federal
 1160  Food, Drug, and Cosmetic Drugs, Devices and Cosmetics Act, any
 1161  products reimbursed under the Medicare Part B Durable Medical
 1162  Equipment benefits, or any products reimbursed under the Florida
 1163  Medicaid durable medical equipment program. Home medical
 1164  equipment includes oxygen and related respiratory equipment;
 1165  manual, motorized, or customized wheelchairs and related seating
 1166  and positioning, but does not include prosthetics or orthotics
 1167  or any splints, braces, or aids custom fabricated by a licensed
 1168  health care practitioner; motorized scooters; personal transfer
 1169  systems; and specialty beds, for use by a person with a medical
 1170  need.
 1171         Reviser’s note.—Amended to correct an apparent error. There is
 1172         no Federal Drug Administration; the Food and Drug
 1173         Administration enforces the Federal Food, Drug, and
 1174         Cosmetic Act. Also amended to conform to the short title of
 1175         the act at 21 U.S.C. s. 301.
 1176         Section 25. Paragraph (d) of subsection (2) of section
 1177  402.3025, Florida Statutes, is amended to read:
 1178         402.3025 Public and nonpublic schools.—For the purposes of
 1179  ss. 402.301-402.319, the following shall apply:
 1180         (2) NONPUBLIC SCHOOLS.—
 1181         (d)1. Programs for children who are at least 3 years of
 1182  age, but under 5 years of age, which are not licensed under ss.
 1183  402.301-402.319 shall substantially comply with the minimum
 1184  child care standards promulgated pursuant to ss. 402.305
 1185  402.3055 402.305-402.3057.
 1186         2. The department or local licensing agency shall enforce
 1187  compliance with such standards, where possible, to eliminate or
 1188  minimize duplicative inspections or visits by staff enforcing
 1189  the minimum child care standards and staff enforcing other
 1190  standards under the jurisdiction of the department.
 1191         3. The department or local licensing agency may commence
 1192  and maintain all proper and necessary actions and proceedings
 1193  for any or all of the following purposes:
 1194         a. To protect the health, sanitation, safety, and well
 1195  being of all children under care.
 1196         b. To enforce its rules and regulations.
 1197         c. To use corrective action plans, whenever possible, to
 1198  attain compliance prior to the use of more restrictive
 1199  enforcement measures.
 1200         d. To make application for injunction to the proper circuit
 1201  court, and the judge of that court shall have jurisdiction upon
 1202  hearing and for cause shown to grant a temporary or permanent
 1203  injunction, or both, restraining any person from violating or
 1204  continuing to violate any of the provisions of ss. 402.301
 1205  402.319. Any violation of this section or of the standards
 1206  applied under ss. 402.305-402.3055 402.305-402.3057 which
 1207  threatens harm to any child in the school’s programs for
 1208  children who are at least 3 years of age, but are under 5 years
 1209  of age, or repeated violations of this section or the standards
 1210  under ss. 402.305-402.3055 402.305-402.3057, shall be grounds to
 1211  seek an injunction to close a program in a school.
 1212         e. To impose an administrative fine, not to exceed $100,
 1213  for each violation of the minimum child care standards
 1214  promulgated pursuant to ss. 402.305-402.3055 402.305-402.3057.
 1215         4. It is a misdemeanor of the first degree, punishable as
 1216  provided in s. 775.082 or s. 775.083, for any person willfully,
 1217  knowingly, or intentionally to:
 1218         a. Fail, by false statement, misrepresentation,
 1219  impersonation, or other fraudulent means, to disclose in any
 1220  required written documentation for exclusion from licensure
 1221  pursuant to this section a material fact used in making a
 1222  determination as to such exclusion; or
 1223         b. Use information from the criminal records obtained under
 1224  s. 402.305 or s. 402.3055 for any purpose other than screening
 1225  that person for employment as specified in those sections or
 1226  release such information to any other person for any purpose
 1227  other than screening for employment as specified in those
 1228  sections.
 1229         5. It is a felony of the third degree, punishable as
 1230  provided in s. 775.082, s. 775.083, or s. 775.084, for any
 1231  person willfully, knowingly, or intentionally to use information
 1232  from the juvenile records of any person obtained under s.
 1233  402.305 or s. 402.3055 for any purpose other than screening for
 1234  employment as specified in those sections or to release
 1235  information from such records to any other person for any
 1236  purpose other than screening for employment as specified in
 1237  those sections.
 1238         Reviser’s note.—Amended to correct a cross-reference. Section
 1239         402.3057 was repealed by s. 11, ch. 2016-238, Laws of
 1240         Florida; s. 402.3055 is now the last section in the range.
 1241         Section 26. Paragraph (a) of subsection (1) of section
 1242  409.9201, Florida Statutes, is amended to read:
 1243         409.9201 Medicaid fraud.—
 1244         (1) As used in this section, the term:
 1245         (a) “Prescription drug” means any drug, including, but not
 1246  limited to, finished dosage forms or active ingredients that are
 1247  subject to, defined in, or described in s. 503(b) of the Federal
 1248  Food, Drug, and Cosmetic Act or in s. 465.003(8), s. 499.003(17)
 1249  499.003(47), s. 499.007(13), or s. 499.82(10).
 1250  
 1251  The value of individual items of the legend drugs or goods or
 1252  services involved in distinct transactions committed during a
 1253  single scheme or course of conduct, whether involving a single
 1254  person or several persons, may be aggregated when determining
 1255  the punishment for the offense.
 1256         Reviser’s note.—Amended to correct an apparent error. Section
 1257         499.003(47) defines “veterinary prescription drug”; s.
 1258         499.003(17) defines “drug.”
 1259         Section 27. Paragraph (h) of subsection (2) of section
 1260  413.207, Florida Statutes, is amended to read:
 1261         413.207 Division of Vocational Rehabilitation; quality
 1262  assurance; performance improvement plan.—
 1263         (2) No later than October 1, 2016, the division shall
 1264  develop and implement a performance improvement plan designed to
 1265  achieve the following goals:
 1266         (h) Increase the percentage of participants who, during a
 1267  program year, are in an education or training program that leads
 1268  to a recognized postsecondary credential or to employment and
 1269  who are achieving a measurable gain of skill, including
 1270  documented academic, technical, or occupational gains or other
 1271  forms of progress toward a postsecondary credential or
 1272  employment.
 1273         Reviser’s note.—Amended to confirm the editorial insertion of
 1274         the word “or” to improve clarity.
 1275         Section 28. Subsection (6) of section 413.402, Florida
 1276  Statutes, is amended to read:
 1277         413.402 James Patrick Memorial Work Incentive Personal
 1278  Attendant Services and Employment Assistance Program.—The
 1279  Florida Endowment Foundation for Vocational Rehabilitation shall
 1280  maintain an agreement with the Florida Association of Centers
 1281  for Independent Living to administer the James Patrick Memorial
 1282  Work Incentive Personal Attendant Services and Employment
 1283  Assistance Program and shall remit sufficient funds monthly to
 1284  meet the requirements of subsection (5).
 1285         (6) The James Patrick Memorial Work Incentive Personal
 1286  Attendant Services and Employment Assistance Program Oversight
 1287  Council is created adjunct to the Department of Education for
 1288  the purpose of providing program recommendations, recommending
 1289  the maximum monthly reimbursement available to program
 1290  participants, advising the Florida Association of Centers for
 1291  Independent Living on policies and procedures, and recommending
 1292  the program’s annual operating budget for activities of the
 1293  association associated with operations, administration, and
 1294  oversight. The oversight council shall also advise on and
 1295  recommend the schedule of eligible services for which program
 1296  participants may be reimbursed subject to the requirements and
 1297  limitations of paragraph (3)(c) which, at a minimum, must
 1298  include personal care attendant services. The oversight council
 1299  shall advise and make its recommendations under this section to
 1300  the board of directors of the association. The oversight council
 1301  is not subject to the control of or direction by the department,
 1302  and the department is not be responsible for providing staff
 1303  support or paying any expenses incurred by the oversight council
 1304  in the performance of its duties.
 1305         (a) The oversight council consists of the following
 1306  members:
 1307         1. The director of the division or his or her designee;
 1308         2. A human resources professional or an individual who has
 1309  significant experience managing and operating a business based
 1310  in this state, recommended by the Florida Chamber of Commerce
 1311  and appointed by the Governor;
 1312         3. A financial management professional, appointed by the
 1313  Governor;
 1314         4. A program participant, appointed by the Secretary of
 1315  Health or his or her designee;
 1316         5. The director of the advisory council on brain and spinal
 1317  cord injuries or his or her designee;
 1318         6. The director of the Florida Endowment Foundation for
 1319  Vocational Rehabilitation or his or her designee; and
 1320         7. The director of the Florida Association of Centers for
 1321  Independent Living or his or her designee.
 1322         (b) The appointed members shall serve for a term concurrent
 1323  with the term of the official who made the appointment and shall
 1324  serve at the pleasure of such official.
 1325         Reviser’s note.—Amended to confirm the editorial deletion of the
 1326         word “be.”
 1327         Section 29. Subsections (5), (7), and (8) and paragraph (c)
 1328  of subsection (10) of section 440.185, Florida Statutes, are
 1329  amended to read:
 1330         440.185 Notice of injury or death; reports; penalties for
 1331  violations.—
 1332         (5) In the absence of a stipulation by the parties, reports
 1333  provided for in subsection (2), subsection (3) (4), or
 1334  subsection (4) (5) shall not be evidence of any fact stated in
 1335  such report in any proceeding relating thereto, except for
 1336  medical reports which, if otherwise qualified, may be admitted
 1337  at the discretion of the judge of compensation claims.
 1338         (7) When a claimant, employer, or carrier has the right, or
 1339  is required, to mail a report or notice with required copies
 1340  within the times prescribed in subsection (2), subsection (3)
 1341  (4), or subsection (4) (5), such mailing will be completed and
 1342  in compliance with this section if it is postmarked and mailed
 1343  prepaid to the appropriate recipient prior to the expiration of
 1344  the time periods prescribed in this section.
 1345         (8) Any employer or carrier who fails or refuses to timely
 1346  send any form, report, or notice required by this section shall
 1347  be subject to an administrative fine by the department not to
 1348  exceed $500 for each such failure or refusal. However, any
 1349  employer who fails to notify the carrier of an injury on the
 1350  prescribed form or by letter within the 7 days required in
 1351  subsection (2) shall be liable for the administrative fine,
 1352  which shall be paid by the employer and not the carrier. Failure
 1353  by the employer to meet its obligations under subsection (2)
 1354  shall not relieve the carrier from liability for the
 1355  administrative fine if it fails to comply with subsections (3)
 1356  (4) and (4) (5).
 1357         (10) Upon receiving notice of an injury from an employee
 1358  under subsection (1), the employer or carrier shall provide the
 1359  employee with a written notice, in the form and manner
 1360  determined by the department by rule, of the availability of
 1361  services from the Employee Assistance and Ombudsman Office. The
 1362  substance of the notice to the employee shall include:
 1363         (c) A statement that the informational brochure referred to
 1364  in subsection (3) (4) will be mailed to the employee within 3
 1365  days after the carrier receives notice of the injury.
 1366         Reviser’s note.—Amended to conform to the redesignation of
 1367         subsections as a result of the repeal of former subsection
 1368         (3) by s. 5, ch. 2016-56, Laws of Florida.
 1369         Section 30. Paragraph (e) of subsection (4) of section
 1370  459.022, Florida Statutes, is amended to read:
 1371         459.022 Physician assistants.—
 1372         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
 1373         (e) A supervising physician may delegate to a fully
 1374  licensed physician assistant the authority to prescribe or
 1375  dispense any medication used in the supervising physician’s
 1376  practice unless such medication is listed on the formulary
 1377  created pursuant to s. 458.347. A fully licensed physician
 1378  assistant may only prescribe or dispense such medication under
 1379  the following circumstances:
 1380         1. A physician assistant must clearly identify to the
 1381  patient that she or he is a physician assistant and must inform
 1382  the patient that the patient has the right to see the physician
 1383  before a prescription is prescribed or dispensed by the
 1384  physician assistant.
 1385         2. The supervising physician must notify the department of
 1386  her or his intent to delegate, on a department-approved form,
 1387  before delegating such authority and of any change in
 1388  prescriptive privileges of the physician assistant. Authority to
 1389  dispense may be delegated only by a supervising physician who is
 1390  registered as a dispensing practitioner in compliance with s.
 1391  465.0276.
 1392         3. The physician assistant must complete a minimum of 10
 1393  continuing medical education hours in the specialty practice in
 1394  which the physician assistant has prescriptive privileges with
 1395  each licensure renewal.
 1396         4. The department may issue a prescriber number to the
 1397  physician assistant granting authority for the prescribing of
 1398  medicinal drugs authorized within this paragraph upon completion
 1399  of the requirements of this paragraph. The physician assistant
 1400  is not be required to independently register pursuant to s.
 1401  465.0276.
 1402         5. The prescription may be in paper or electronic form but
 1403  must comply with ss. 456.0392(1) and 456.42(1) and chapter 499
 1404  and must contain, in addition to the supervising physician’s
 1405  name, address, and telephone number, the physician assistant’s
 1406  prescriber number. Unless it is a drug or drug sample dispensed
 1407  by the physician assistant, the prescription must be filled in a
 1408  pharmacy permitted under chapter 465, and must be dispensed in
 1409  that pharmacy by a pharmacist licensed under chapter 465. The
 1410  inclusion of the prescriber number creates a presumption that
 1411  the physician assistant is authorized to prescribe the medicinal
 1412  drug and the prescription is valid.
 1413         6. The physician assistant must note the prescription or
 1414  dispensing of medication in the appropriate medical record.
 1415         Reviser’s note.—Amended to confirm the editorial deletion of the
 1416         word “be.”
 1417         Section 31. Paragraph (c) of subsection (2) of section
 1418  491.0046, Florida Statutes, is amended to read:
 1419         491.0046 Provisional license; requirements.—
 1420         (2) The department shall issue a provisional clinical
 1421  social worker license, provisional marriage and family therapist
 1422  license, or provisional mental health counselor license to each
 1423  applicant who the board certifies has:
 1424         (c) Has met the following minimum coursework requirements:
 1425         1. For clinical social work, a minimum of 15 semester hours
 1426  or 22 quarter hours of the coursework required by s.
 1427  491.005(1)(b)2.b.
 1428         2. For marriage and family therapy, 10 of the courses
 1429  required by s. 491.005(3)(b)1.a.-c., as determined by the board,
 1430  and at least 6 semester hours or 9 quarter hours of the course
 1431  credits must have been completed in the area of marriage and
 1432  family systems, theories, or techniques.
 1433         3. For mental health counseling, a minimum of seven of the
 1434  courses required under s. 491.005(4)(b)1.a.-c. 491.005(b)1.a.-c.
 1435         Reviser’s note.—Amended to confirm the editorial substitution of
 1436         a reference to s. 491.005(4)(b)1.a.-c. for a reference to
 1437         s. 491.005(b)1.a.-c. to provide the complete cite to
 1438         material relating to mental health counseling courses.
 1439         Section 32. Subsection (4) of section 497.458, Florida
 1440  Statutes, is amended to read:
 1441         497.458 Disposition of proceeds received on contracts.—
 1442         (4) The licensing authority may adopt rules exempting from
 1443  the prohibition of paragraph (1)(h) (1)(g), pursuant to criteria
 1444  established in such rule, the investment of trust funds in
 1445  investments, such as widely and publicly traded stocks and
 1446  bonds, notwithstanding that the licensee, its principals, or
 1447  persons related by blood or marriage to the licensee or its
 1448  principals have an interest by investment in the same entity,
 1449  where neither the licensee, its principals, or persons related
 1450  by blood or marriage to the licensee or its principals have the
 1451  ability to control the entity invested in, and it would be in
 1452  the interest of the preneed contract holders whose contracts are
 1453  secured by the trust funds to allow the investment.
 1454         Reviser’s note.—Amended to confirm the editorial substitution of
 1455         a reference to paragraph (1)(h) for a reference to
 1456         paragraph (1)(g). An early version of C.S. for C.S. for
 1457         S.B. 854, which became ch. 2016-172, Laws of Florida,
 1458         deleted paragraph (1)(b) and changed this reference to
 1459         reflect the deletion. A later amendment restored paragraph
 1460         (1)(b) but did not remove the change to the reference.
 1461         Section 33. Paragraphs (b), (c), and (d) of subsection (9)
 1462  of section 499.015, Florida Statutes, are amended to read:
 1463         499.015 Registration of drugs, devices, and cosmetics;
 1464  issuance of certificates of free sale.—
 1465         (9) However, the manufacturer must submit evidence of such
 1466  registration, listing, or approval with its initial application
 1467  for a permit to do business in this state, as required in s.
 1468  499.01 and any changes to such information previously submitted
 1469  at the time of renewal of the permit. Evidence of approval,
 1470  listing, and registration by the federal Food and Drug
 1471  Administration must include:
 1472         (b) For Class III devices, a Food and Federal Drug
 1473  Administration premarket approval number;
 1474         (c) For a manufacturer who subcontracts with a manufacturer
 1475  of medical devices to manufacture components of such devices, a
 1476  Food and Federal Drug Administration registration number; or
 1477         (d) For a manufacturer of medical devices whose devices are
 1478  exempt from premarket approval by the Food and Federal Drug
 1479  Administration, a Food and Federal Drug Administration
 1480  registration number.
 1481         Reviser’s note.—Amended to correct an apparent error. There is
 1482         no Federal Drug Administration; the Food and Drug
 1483         Administration enforces the Federal Food, Drug, and
 1484         Cosmetic Act.
 1485         Section 34. Paragraph (a) of subsection (1) and paragraph
 1486  (c) of subsection (5) of section 499.036, Florida Statutes, are
 1487  amended to read:
 1488         499.036 Restrictions on sale of dextromethorphan.—
 1489         (1) As used in this section, the term:
 1490         (a) “Finished drug product” means a drug legally marketed
 1491  under the Federal Food, Drug, and Cosmetic Act that is in
 1492  finished dosage form. For purposes of this paragraph, the term
 1493  “drug” has the same meaning as provided in s. 499.003(17)
 1494  499.003(18).
 1495         (5) A civil citation issued to a manufacturer, distributor,
 1496  or retailer pursuant to this section shall be provided to the
 1497  manager on duty at the time the citation is issued. If a manager
 1498  is not available, a local law enforcement officer shall attempt
 1499  to contact the manager to issue the citation. If the local law
 1500  enforcement officer is unsuccessful in contacting the manager,
 1501  he or she may leave a copy of the citation with an employee 18
 1502  years of age or older and mail a copy of the citation by
 1503  certified mail to the owner’s business address, as filed with
 1504  the Department of State, or he or she may return to issue the
 1505  citation at a later time. The civil citation shall provide:
 1506         (c) The name of the employee or representative who that
 1507  completed the sale.
 1508         Reviser’s note.—Paragraph (1)(a) is amended to confirm the
 1509         editorial substitution of a reference to s. 499.003(17) for
 1510         a reference to s. 499.003(18) to conform to the
 1511         redesignation of subunits of s. 499.003 by s. 2, ch. 2016
 1512         212, Laws of Florida. Paragraph (5)(c) is amended to
 1513         improve clarity.
 1514         Section 35. Subsection (6) of section 499.83, Florida
 1515  Statutes, is amended to read:
 1516         499.83 Permits.—
 1517         (6) A hospice licensed by the Agency for Health Care
 1518  Administration pursuant to part IV of chapter 400 is not
 1519  required to obtain a medical oxygen retail establishment permit
 1520  to purchase on behalf of and sell medical oxygen to its hospice
 1521  patients if the hospice contracts for the purchase and delivery
 1522  of medical oxygen from an establishment permitted pursuant to
 1523  this part. Sale and delivery to patients by hospices pursuant to
 1524  this subsection must be based upon on a prescription or an order
 1525  from a practitioner authorized by law to prescribe medical
 1526  oxygen. For sales to hospices pursuant to this subsection, the
 1527  medical gas wholesale distributor or the medical gas
 1528  manufacturer selling medical oxygen to a hospice shall reflect
 1529  on its invoice the hospice license number provided by the Agency
 1530  for Health Care Administration and shall maintain such record
 1531  pursuant to s. 499.89. Both the hospice and the medical oxygen
 1532  retailer delivering medical oxygen to the patient must maintain
 1533  a copy of a valid order or prescription for medical oxygen in
 1534  accordance with s. 499.89 and department rule, which copy must
 1535  be readily available for inspection.
 1536         Reviser’s note.—Amended to confirm the editorial deletion of the
 1537         word “on.”
 1538         Section 36. Subsection (1) of section 553.79, Florida
 1539  Statutes, as amended by sections 19 and 39 of chapter 2016-129,
 1540  Laws of Florida, effective October 1, 2017, is amended to read:
 1541         553.79 Permits; applications; issuance; inspections.—
 1542         (1)(a) After the effective date of the Florida Building
 1543  Code adopted as herein provided, it shall be unlawful for any
 1544  person, firm, corporation, or governmental entity to construct,
 1545  erect, alter, modify, repair, or demolish any building within
 1546  this state without first obtaining a permit therefor from the
 1547  appropriate enforcing agency or from such persons as may, by
 1548  appropriate resolution or regulation of the authorized state or
 1549  local enforcing agency, be delegated authority to issue such
 1550  permits, upon the payment of such reasonable fees adopted by the
 1551  enforcing agency. The enforcing agency is empowered to revoke
 1552  any such permit upon a determination by the agency that the
 1553  construction, erection, alteration, modification, repair, or
 1554  demolition of the building for which the permit was issued is in
 1555  violation of, or not in conformity with, the provisions of the
 1556  Florida Building Code. Whenever a permit required under this
 1557  section is denied or revoked because the plan, or the
 1558  construction, erection, alteration, modification, repair, or
 1559  demolition of a building, is found by the local enforcing agency
 1560  to be not in compliance with the Florida Building Code, the
 1561  local enforcing agency shall identify the specific plan or
 1562  project features that do not comply with the applicable codes,
 1563  identify the specific code chapters and sections upon which the
 1564  finding is based, and provide this information to the permit
 1565  applicant. A plans reviewer or building code administrator who
 1566  is responsible for issuing a denial, revocation, or modification
 1567  request but fails to provide to the permit applicant a reason
 1568  for denying, revoking, or requesting a modification, based on
 1569  compliance with the Florida Building Code or local ordinance, is
 1570  subject to disciplinary action against his or her license
 1571  pursuant to s. 468.621(1)(i) 468.621(1)(j). Installation,
 1572  replacement, removal, or metering of any load management control
 1573  device is exempt from and shall not be subject to the permit
 1574  process and fees otherwise required by this section.
 1575         (b) A local enforcement agency shall post each type of
 1576  building permit application on its website. Completed
 1577  applications must be able to be submitted electronically to the
 1578  appropriate building department. Accepted methods of electronic
 1579  submission include, but are not limited to, e-mail submission of
 1580  applications in portable document format or submission of
 1581  applications through an electronic fill-in form available on the
 1582  building department’s website or through a third-party
 1583  submission management software. Payments, attachments, or
 1584  drawings required as part of the permit application may be
 1585  submitted in person in a nonelectronic format, at the discretion
 1586  of the building official.
 1587         Reviser’s note.—Amended to correct an erroneous cross-reference.
 1588         Section 468.621(1)(j) references insurance requirements; s.
 1589         468.621(1)(i) references failing to lawfully execute
 1590         specified duties and responsibilities.
 1591         Section 37. Section 571.24, Florida Statutes, is amended to
 1592  read:
 1593         571.24 Purpose; duties of the department.—The purpose of
 1594  this part is to authorize the department to establish and
 1595  coordinate the Florida Agricultural Promotional Campaign. The
 1596  Legislature intends for the Florida Agricultural Promotional
 1597  Campaign to serve as a marketing program to promote Florida
 1598  agricultural commodities, value-added products, and
 1599  agricultural-related businesses and not as a food safety or
 1600  traceability program. The duties of the department shall
 1601  include, but are not limited to:
 1602         (1) Developing logos and authorizing the use of logos as
 1603  provided by rule.
 1604         (2) Registering participants.
 1605         (3) Assessing and collecting fees.
 1606         (4) Collecting rental receipts for industry promotions.
 1607         (5) Developing in-kind advertising programs.
 1608         (6) Contracting with media representatives for the purpose
 1609  of dispersing promotional materials.
 1610         (7) Assisting the representative of the department who
 1611  serves on the Florida Agricultural Promotional Campaign Advisory
 1612  Council.
 1613         (8) Adopting rules pursuant to ss. 120.536(1) and 120.54 to
 1614  implement the provisions of this part.
 1615         (9) Enforcing and administering the provisions of this
 1616  part, including measures ensuring that only Florida agricultural
 1617  or agricultural based products are marketed under the “Fresh
 1618  From Florida” or “From Florida” logos or other logos of the
 1619  Florida Agricultural Promotional Campaign.
 1620         Reviser’s note.—Amended to confirm the editorial insertion of
 1621         the word “as” to improve clarity.
 1622         Section 38. Paragraph (c) of subsection (1) of section
 1623  625.111, Florida Statutes, is amended to read:
 1624         625.111 Title insurance reserve.—In addition to an adequate
 1625  reserve as to outstanding losses relating to known claims as
 1626  required under s. 625.041, a domestic title insurer shall
 1627  establish, segregate, and maintain a guaranty fund or unearned
 1628  premium reserve as provided in this section. The sums to be
 1629  reserved for unearned premiums on title guarantees and policies
 1630  shall be considered and constitute unearned portions of the
 1631  original premiums and shall be charged as a reserve liability of
 1632  the insurer in determining its financial condition. Such
 1633  reserved funds shall be withdrawn from the use of the insurer
 1634  for its general purposes, impressed with a trust in favor of the
 1635  holders of title guarantees and policies, and held available for
 1636  reinsurance of the title guarantees and policies in the event of
 1637  the insolvency of the insurer. This section does not preclude
 1638  the insurer from investing such reserve in investments
 1639  authorized by law, and the income from such investments shall be
 1640  included in the general income of the insurer and may be used by
 1641  such insurer for any lawful purpose.
 1642         (1) For an unearned premium reserve established on or after
 1643  July 1, 1999, such reserve must be in an amount at least equal
 1644  to the sum of paragraphs (a), (b), and (d) for title insurers
 1645  holding less than $50 million in surplus as to policyholders as
 1646  of the previous year end and the sum of paragraphs (c) and (d)
 1647  for title insurers holding $50 million or more in surplus as to
 1648  policyholders as of the previous year end or title insurers that
 1649  are members of an insurance holding company system holding $1
 1650  billion or more in surplus as to policyholders and a superior,
 1651  excellent, exceptional, or equivalent financial strength rating
 1652  by a rating agency acceptable to the office:
 1653         (c) On or after January 1, 2014, for title insurers holding
 1654  $50 million or more in surplus as to policyholders as of the
 1655  previous year end or title insurers that are members of an
 1656  insurance holding company system holding $1 billion or more in
 1657  surplus as to policyholders and a superior, excellent,
 1658  exceptional, or equivalent financial strength rating by a rating
 1659  agency acceptable to the office, a minimum of 6.5 percent of the
 1660  total of the following:
 1661         1. Direct premiums written; and
 1662         2. Premiums for reinsurance assumed, plus other income,
 1663  less premiums for reinsurance ceded as displayed in Schedule P
 1664  of the title insurer’s most recent annual statement filed with
 1665  the office with such reserve being subsequently released as
 1666  provided in subsection (2). Title insurers with less than $50
 1667  million in surplus as to policyholders and that are not members
 1668  of an insurance holding company system with $1 billion or more
 1669  in surplus as to policyholders and a superior, excellent,
 1670  exceptional, or equivalent financial strength rating by a rating
 1671  agency acceptable to the office must continue to record unearned
 1672  premium reserve in accordance with paragraph (b).
 1673         Reviser’s note.—Amended to confirm the editorial insertion of
 1674         the word “that” to improve clarity.
 1675         Section 39. Subsection (5) of section 627.0629, Florida
 1676  Statutes, is amended to read:
 1677         627.0629 Residential property insurance; rate filings.—
 1678         (5) In order to provide an appropriate transition period,
 1679  an insurer may implement an approved rate filing for residential
 1680  property insurance over a period of years. Such insurer must
 1681  provide an informational notice to the office setting out its
 1682  schedule for implementation of the phased-in rate filing. The
 1683  insurer may include in its rate the actual cost of private
 1684  market reinsurance that corresponds to available coverage of the
 1685  Temporary Increase in Coverage Limits, TICL, from the Florida
 1686  Hurricane Catastrophe Fund. The insurer may also include the
 1687  cost of reinsurance to replace the TICL reduction implemented
 1688  pursuant to s. 215.555(16)(d)9. However, this cost for
 1689  reinsurance may not include any expense or profit load or result
 1690  in a total annual base rate increase in excess of 10 percent.
 1691         Reviser’s note.—Amended to delete obsolete provisions relating
 1692         to temporary increase in coverage limits options from the
 1693         Florida Hurricane Catastrophe Fund provided in s.
 1694         215.555(16), which is repealed by this act.
 1695         Section 40. Subsection (1) of section 627.42392, Florida
 1696  Statutes, is amended to read:
 1697         627.42392 Prior authorization.—
 1698         (1) As used in this section, the term “health insurer”
 1699  means an authorized insurer offering health insurance as defined
 1700  in s. 624.603, a managed care plan as defined in s. 409.962(10)
 1701  409.962(9), or a health maintenance organization as defined in
 1702  s. 641.19(12).
 1703         Reviser’s note.—Amended to conform to the redesignation of s.
 1704         409.962(9) as s. 409.962(10) by s. 1, ch. 2016-147, Laws of
 1705         Florida.
 1706         Section 41. Paragraph (a) of subsection (3) of section
 1707  627.6562, Florida Statutes, is amended to read:
 1708         627.6562 Dependent coverage.—
 1709         (3) If, pursuant to subsection (2), a child is provided
 1710  coverage under the parent’s policy after the end of the calendar
 1711  year in which the child reaches age 25 and coverage for the
 1712  child is subsequently terminated, the child is not eligible to
 1713  be covered under the parent’s policy unless the child was
 1714  continuously covered by other creditable coverage without a gap
 1715  in coverage of more than 63 days.
 1716         (a) For the purposes of this subsection, the term
 1717  “creditable coverage” means, with respect to an individual,
 1718  coverage of the individual under any of the following:
 1719         1. A group health plan, as defined in s. 2791 of the Public
 1720  Health Service Act.
 1721         2. Health insurance coverage consisting of medical care
 1722  provided directly through insurance or reimbursement or
 1723  otherwise, and including terms and services paid for as medical
 1724  care, under any hospital or medical service policy or
 1725  certificate, hospital or medical service plan contract, or
 1726  health maintenance contract offered by a health insurance
 1727  issuer.
 1728         3. Part A or Part B of Title XVIII of the Social Security
 1729  Act.
 1730         4. Title XIX of the Social Security Act, other than
 1731  coverage consisting solely of benefits under s. 1928.
 1732         5. Title 10 U.S.C. chapter 55.
 1733         6. A medical care program of the Indian Health Service or
 1734  of a tribal organization.
 1735         7. A The Florida Comprehensive Health Association or
 1736  another state health benefit risk pool.
 1737         8. A health plan offered under 5 U.S.C. chapter 89.
 1738         9. A public health plan as defined by rules adopted by the
 1739  commission. To the greatest extent possible, such rules must be
 1740  consistent with regulations adopted by the United States
 1741  Department of Health and Human Services.
 1742         10. A health benefit plan under s. 5(e) of the Peace Corps
 1743  Act, 22 U.S.C. s. 2504(e).
 1744         Reviser’s note.—Amended to conform to the repeal of s. 627.6488,
 1745         which created the Florida Comprehensive Health Association,
 1746         by s. 20, ch. 2013-101, Laws of Florida, effective October
 1747         1, 2015; confirmed by s. 13, ch. 2016-11, Laws of Florida,
 1748         a reviser’s bill.
 1749         Section 42. Subsection (8) of section 627.7074, Florida
 1750  Statutes, is amended to read:
 1751         627.7074 Alternative procedure for resolution of disputed
 1752  sinkhole insurance claims.—
 1753         (8) For policyholders not represented by an attorney, a
 1754  consumer affairs specialist of the department or an employee
 1755  designated as the primary contact for consumers on issues
 1756  relating to sinkholes under s. 624.307(10)(a)5. 20.121 shall be
 1757  available for consultation to the extent that he or she may
 1758  lawfully do so.
 1759         Reviser’s note.—Amended to conform to the repeal of s.
 1760         20.121(2)(h) by s. 3, ch. 2016-165, Laws of Florida; s.
 1761         20.121(2)(h)1.e. authorized the Division of Consumer
 1762         Services to designate an employee of the division as
 1763         primary contact for consumers on issues relating to
 1764         sinkholes. Section 5, ch. 2016-165, added s. 624.307(10),
 1765         including substantially similar language relating to
 1766         division designation of an employee as primary contact
 1767         relating to sinkhole issues, at s. 624.307(10)(a)5.
 1768         Section 43. Subsection (2) of section 633.216, Florida
 1769  Statutes, is amended to read:
 1770         633.216 Inspection of buildings and equipment; orders;
 1771  firesafety inspection training requirements; certification;
 1772  disciplinary action.—The State Fire Marshal and her or his
 1773  agents or persons authorized to enforce laws and rules of the
 1774  State Fire Marshal shall, at any reasonable hour, when the State
 1775  Fire Marshal has reasonable cause to believe that a violation of
 1776  this chapter or s. 509.215, or a rule adopted thereunder, or a
 1777  minimum firesafety code adopted by the State Fire Marshal or a
 1778  local authority, may exist, inspect any and all buildings and
 1779  structures which are subject to the requirements of this chapter
 1780  or s. 509.215 and rules adopted thereunder. The authority to
 1781  inspect shall extend to all equipment, vehicles, and chemicals
 1782  which are located on or within the premises of any such building
 1783  or structure.
 1784         (2) Except as provided in s. 633.312(2), every firesafety
 1785  inspection conducted pursuant to state or local firesafety
 1786  requirements shall be by a person certified as having met the
 1787  inspection training requirements set by the State Fire Marshal.
 1788  Such person shall meet the requirements of s. 633.412(1)-(4)
 1789  633.412(1)(a)-(d), and:
 1790         (a) Have satisfactorily completed the firesafety inspector
 1791  certification examination as prescribed by division rule; and
 1792         (b)1. Have satisfactorily completed, as determined by
 1793  division rule, a firesafety inspector training program of at
 1794  least 200 hours established by the department and administered
 1795  by education or training providers approved by the department
 1796  for the purpose of providing basic certification training for
 1797  firesafety inspectors; or
 1798         2. Have received training in another state which is
 1799  determined by the division to be at least equivalent to that
 1800  required by the department for approved firesafety inspector
 1801  education and training programs in this state.
 1802         Reviser’s note.—Amended to conform to the redesignation of s.
 1803         633.412(1)(a)-(d) as s. 633.412(1)-(4) to conform to the
 1804         repeal of subsection (2) of s. 633.412 by s. 24, ch. 2016
 1805         132, Laws of Florida.
 1806         Section 44. Subsection (1) of section 655.960, Florida
 1807  Statutes, is amended to read:
 1808         655.960 Definitions; ss. 655.960-655.965.—As used in this
 1809  section and ss. 655.961-655.965, unless the context otherwise
 1810  requires:
 1811         (1) “Access area” means any paved walkway or sidewalk which
 1812  is within 50 feet of any automated teller machine. The term does
 1813  not include any street or highway open to the use of the public,
 1814  as defined in s. 316.003(77)(a) or (b) 316.003(76)(a) or (b),
 1815  including any adjacent sidewalk, as defined in s. 316.003.
 1816         Reviser’s note.—Amended to confirm the editorial substitution of
 1817         a reference to s. 316.003(77)(a) or (b) for a reference to
 1818         s. 316.003(76)(a) or (b) to conform to the renumbering of
 1819         subunits by s. 5, ch. 2016-239, Laws of Florida, and the
 1820         addition of subunits by s. 1, ch. 2016-115, Laws of
 1821         Florida, and s. 3, ch. 2016-181, Laws of Florida.
 1822         Section 45. Paragraph (q) of subsection (1) of section
 1823  744.20041, Florida Statutes, is amended to read:
 1824         744.20041 Grounds for discipline; penalties; enforcement.—
 1825         (1) The following acts by a professional guardian shall
 1826  constitute grounds for which the disciplinary actions specified
 1827  in subsection (2) may be taken:
 1828         (q) Failing to post and maintain a blanket fiduciary bond
 1829  pursuant to s. 744.2003 744.1085.
 1830         Reviser’s note.—Amended to conform to the transfer of s.
 1831         744.1085 to s. 744.2003 by s. 10, ch. 2016-40, Laws of
 1832         Florida.
 1833         Section 46. Paragraph (a) of subsection (2) of section
 1834  790.065, Florida Statutes, is amended to read:
 1835         790.065 Sale and delivery of firearms.—
 1836         (2) Upon receipt of a request for a criminal history record
 1837  check, the Department of Law Enforcement shall, during the
 1838  licensee’s call or by return call, forthwith:
 1839         (a) Review any records available to determine if the
 1840  potential buyer or transferee:
 1841         1. Has been convicted of a felony and is prohibited from
 1842  receipt or possession of a firearm pursuant to s. 790.23;
 1843         2. Has been convicted of a misdemeanor crime of domestic
 1844  violence, and therefore is prohibited from purchasing a firearm;
 1845         3. Has had adjudication of guilt withheld or imposition of
 1846  sentence suspended on any felony or misdemeanor crime of
 1847  domestic violence unless 3 years have elapsed since probation or
 1848  any other conditions set by the court have been fulfilled or
 1849  expunction has occurred; or
 1850         4. Has been adjudicated mentally defective or has been
 1851  committed to a mental institution by a court or as provided in
 1852  sub-sub-subparagraph b.(II), and as a result is prohibited by
 1853  state or federal law from purchasing a firearm.
 1854         a. As used in this subparagraph, “adjudicated mentally
 1855  defective” means a determination by a court that a person, as a
 1856  result of marked subnormal intelligence, or mental illness,
 1857  incompetency, condition, or disease, is a danger to himself or
 1858  herself or to others or lacks the mental capacity to contract or
 1859  manage his or her own affairs. The phrase includes a judicial
 1860  finding of incapacity under s. 744.331(6)(a), an acquittal by
 1861  reason of insanity of a person charged with a criminal offense,
 1862  and a judicial finding that a criminal defendant is not
 1863  competent to stand trial.
 1864         b. As used in this subparagraph, “committed to a mental
 1865  institution” means:
 1866         (I) Involuntary commitment, commitment for mental
 1867  defectiveness or mental illness, and commitment for substance
 1868  abuse. The phrase includes involuntary inpatient placement as
 1869  defined in s. 394.467, involuntary outpatient placement as
 1870  defined in s. 394.4655, involuntary assessment and stabilization
 1871  under s. 397.6818, and involuntary substance abuse treatment
 1872  under s. 397.6957, but does not include a person in a mental
 1873  institution for observation or discharged from a mental
 1874  institution based upon the initial review by the physician or a
 1875  voluntary admission to a mental institution; or
 1876         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 1877  admission to a mental institution for outpatient or inpatient
 1878  treatment of a person who had an involuntary examination under
 1879  s. 394.463, where each of the following conditions have been
 1880  met:
 1881         (A) An examining physician found that the person is an
 1882  imminent danger to himself or herself or others.
 1883         (B) The examining physician certified that if the person
 1884  did not agree to voluntary treatment, a petition for involuntary
 1885  outpatient or inpatient treatment would have been filed under s.
 1886  394.463(2)(g)4. 394.463(2)(i)4., or the examining physician
 1887  certified that a petition was filed and the person subsequently
 1888  agreed to voluntary treatment prior to a court hearing on the
 1889  petition.
 1890         (C) Before agreeing to voluntary treatment, the person
 1891  received written notice of that finding and certification, and
 1892  written notice that as a result of such finding, he or she may
 1893  be prohibited from purchasing a firearm, and may not be eligible
 1894  to apply for or retain a concealed weapon or firearms license
 1895  under s. 790.06 and the person acknowledged such notice in
 1896  writing, in substantially the following form:
 1897  
 1898  “I understand that the doctor who examined me believes I am a
 1899  danger to myself or to others. I understand that if I do not
 1900  agree to voluntary treatment, a petition will be filed in court
 1901  to require me to receive involuntary treatment. I understand
 1902  that if that petition is filed, I have the right to contest it.
 1903  In the event a petition has been filed, I understand that I can
 1904  subsequently agree to voluntary treatment prior to a court
 1905  hearing. I understand that by agreeing to voluntary treatment in
 1906  either of these situations, I may be prohibited from buying
 1907  firearms and from applying for or retaining a concealed weapons
 1908  or firearms license until I apply for and receive relief from
 1909  that restriction under Florida law.”
 1910  
 1911         (D) A judge or a magistrate has, pursuant to sub-sub
 1912  subparagraph c.(II), reviewed the record of the finding,
 1913  certification, notice, and written acknowledgment classifying
 1914  the person as an imminent danger to himself or herself or
 1915  others, and ordered that such record be submitted to the
 1916  department.
 1917         c. In order to check for these conditions, the department
 1918  shall compile and maintain an automated database of persons who
 1919  are prohibited from purchasing a firearm based on court records
 1920  of adjudications of mental defectiveness or commitments to
 1921  mental institutions.
 1922         (I) Except as provided in sub-sub-subparagraph (II), clerks
 1923  of court shall submit these records to the department within 1
 1924  month after the rendition of the adjudication or commitment.
 1925  Reports shall be submitted in an automated format. The reports
 1926  must, at a minimum, include the name, along with any known alias
 1927  or former name, the sex, and the date of birth of the subject.
 1928         (II) For persons committed to a mental institution pursuant
 1929  to sub-sub-subparagraph b.(II), within 24 hours after the
 1930  person’s agreement to voluntary admission, a record of the
 1931  finding, certification, notice, and written acknowledgment must
 1932  be filed by the administrator of the receiving or treatment
 1933  facility, as defined in s. 394.455, with the clerk of the court
 1934  for the county in which the involuntary examination under s.
 1935  394.463 occurred. No fee shall be charged for the filing under
 1936  this sub-sub-subparagraph. The clerk must present the records to
 1937  a judge or magistrate within 24 hours after receipt of the
 1938  records. A judge or magistrate is required and has the lawful
 1939  authority to review the records ex parte and, if the judge or
 1940  magistrate determines that the record supports the classifying
 1941  of the person as an imminent danger to himself or herself or
 1942  others, to order that the record be submitted to the department.
 1943  If a judge or magistrate orders the submittal of the record to
 1944  the department, the record must be submitted to the department
 1945  within 24 hours.
 1946         d. A person who has been adjudicated mentally defective or
 1947  committed to a mental institution, as those terms are defined in
 1948  this paragraph, may petition the court that made the
 1949  adjudication or commitment, or the court that ordered that the
 1950  record be submitted to the department pursuant to sub-sub
 1951  subparagraph c.(II), for relief from the firearm disabilities
 1952  imposed by such adjudication or commitment. A copy of the
 1953  petition shall be served on the state attorney for the county in
 1954  which the person was adjudicated or committed. The state
 1955  attorney may object to and present evidence relevant to the
 1956  relief sought by the petition. The hearing on the petition may
 1957  be open or closed as the petitioner may choose. The petitioner
 1958  may present evidence and subpoena witnesses to appear at the
 1959  hearing on the petition. The petitioner may confront and cross
 1960  examine witnesses called by the state attorney. A record of the
 1961  hearing shall be made by a certified court reporter or by court
 1962  approved electronic means. The court shall make written findings
 1963  of fact and conclusions of law on the issues before it and issue
 1964  a final order. The court shall grant the relief requested in the
 1965  petition if the court finds, based on the evidence presented
 1966  with respect to the petitioner’s reputation, the petitioner’s
 1967  mental health record and, if applicable, criminal history
 1968  record, the circumstances surrounding the firearm disability,
 1969  and any other evidence in the record, that the petitioner will
 1970  not be likely to act in a manner that is dangerous to public
 1971  safety and that granting the relief would not be contrary to the
 1972  public interest. If the final order denies relief, the
 1973  petitioner may not petition again for relief from firearm
 1974  disabilities until 1 year after the date of the final order. The
 1975  petitioner may seek judicial review of a final order denying
 1976  relief in the district court of appeal having jurisdiction over
 1977  the court that issued the order. The review shall be conducted
 1978  de novo. Relief from a firearm disability granted under this
 1979  sub-subparagraph has no effect on the loss of civil rights,
 1980  including firearm rights, for any reason other than the
 1981  particular adjudication of mental defectiveness or commitment to
 1982  a mental institution from which relief is granted.
 1983         e. Upon receipt of proper notice of relief from firearm
 1984  disabilities granted under sub-subparagraph d., the department
 1985  shall delete any mental health record of the person granted
 1986  relief from the automated database of persons who are prohibited
 1987  from purchasing a firearm based on court records of
 1988  adjudications of mental defectiveness or commitments to mental
 1989  institutions.
 1990         f. The department is authorized to disclose data collected
 1991  pursuant to this subparagraph to agencies of the Federal
 1992  Government and other states for use exclusively in determining
 1993  the lawfulness of a firearm sale or transfer. The department is
 1994  also authorized to disclose this data to the Department of
 1995  Agriculture and Consumer Services for purposes of determining
 1996  eligibility for issuance of a concealed weapons or concealed
 1997  firearms license and for determining whether a basis exists for
 1998  revoking or suspending a previously issued license pursuant to
 1999  s. 790.06(10). When a potential buyer or transferee appeals a
 2000  nonapproval based on these records, the clerks of court and
 2001  mental institutions shall, upon request by the department,
 2002  provide information to help determine whether the potential
 2003  buyer or transferee is the same person as the subject of the
 2004  record. Photographs and any other data that could confirm or
 2005  negate identity must be made available to the department for
 2006  such purposes, notwithstanding any other provision of state law
 2007  to the contrary. Any such information that is made confidential
 2008  or exempt from disclosure by law shall retain such confidential
 2009  or exempt status when transferred to the department.
 2010         Reviser’s note.—Amended to conform to the repeal of s.
 2011         394.463(2)(i)4. by s. 88, ch. 2016-241, Laws of Florida,
 2012         and the creation of substantially similar language at s.
 2013         394.463(2)(g)4. by the same law section.
 2014         Section 47. Paragraph (a) of subsection (1) of section
 2015  832.07, Florida Statutes, is amended to read:
 2016         832.07 Prima facie evidence of intent; identity.—
 2017         (1) INTENT.—
 2018         (a) In any prosecution or action under this chapter, the
 2019  making, drawing, uttering, or delivery of a check, draft, or
 2020  order, payment of which is refused by the drawee because of lack
 2021  of funds or credit, shall be prima facie evidence of intent to
 2022  defraud or knowledge of insufficient funds in, or credit with,
 2023  such bank, banking institution, trust company, or other
 2024  depository, unless such maker or drawer, or someone for him or
 2025  her, shall have paid the holder thereof the amount due thereon,
 2026  together with a service charge not to exceed the service fees
 2027  authorized under s. 832.08(5) or an amount of up to 5 percent of
 2028  the face amount of the check, whichever is greater, within 15
 2029  days after written notice has been sent to the address printed
 2030  on the check or given at the time of issuance that such check,
 2031  draft, or order has not been paid to the holder thereof, and
 2032  bank fees incurred by the holder. In the event of legal action
 2033  for recovery, the maker or drawer may be additionally liable for
 2034  court costs and reasonable attorney’s fees. Notice mailed by
 2035  certified or registered mail, evidenced by return receipt, or by
 2036  first-class mail, evidenced by an affidavit of service of mail,
 2037  to the address printed on the check or given at the time of
 2038  issuance shall be deemed sufficient and equivalent to notice
 2039  having been received by the maker or drawer, whether such notice
 2040  shall be returned undelivered or not. The form of such notice
 2041  shall be substantially as follows:
 2042  
 2043         “You are hereby notified that a check, numbered ...., in
 2044  the face amount of $...., issued by you on ...(date)..., drawn
 2045  upon ...(name of bank)..., and payable to ...., has been
 2046  dishonored. Pursuant to Florida law, you have 15 days from the
 2047  date of this notice to tender payment of the full amount of such
 2048  check plus a service charge of $25, if the face value does not
 2049  exceed $50, $30, if the face value exceeds $50 but does not
 2050  exceed $300, $40, if the face value exceeds $300, or an amount
 2051  of up to 5 percent of the face amount of the check, whichever is
 2052  greater, the total amount due being $.... and .... cents. Unless
 2053  this amount is paid in full within the time specified above, the
 2054  holder of such check may turn over the dishonored check and all
 2055  other available information relating to this incident to the
 2056  state attorney for criminal prosecution. You may be additionally
 2057  liable in a civil action for triple the amount of the check, but
 2058  in no case less than $50, together with the amount of the check,
 2059  a service charge, court costs, reasonable attorney fees, and
 2060  incurred bank fees, as provided in s. 68.065, Florida Statutes.”
 2061  
 2062  Subsequent persons receiving a check, draft, or order from the
 2063  original payee or a successor endorsee have the same rights that
 2064  the original payee has against the maker of the instrument,
 2065  provided such subsequent persons give notice in a substantially
 2066  similar form to that provided above. Subsequent persons
 2067  providing such notice shall be immune from civil liability for
 2068  the giving of such notice and for proceeding under the forms of
 2069  such notice, so long as the maker of the instrument has the same
 2070  defenses against these subsequent persons as against the
 2071  original payee. However, the remedies available under this
 2072  section may be exercised only by one party in interest.
 2073         Reviser’s note.—Amended to conform to the Florida Statutes
 2074         citation style for forms.
 2075         Section 48. Subsection (5) of section 893.0356, Florida
 2076  Statutes, is amended to read:
 2077         893.0356 Control of new substances; findings of fact;
 2078  “controlled substance analog” defined.—
 2079         (5) A controlled substance analog shall, for purposes of
 2080  drug abuse prevention and control, be treated as the highest
 2081  scheduled controlled substance of which it is a controlled
 2082  substance analog to in s. 893.03.
 2083         Reviser’s note.—Amended to confirm the editorial deletion of the
 2084         word “to.”
 2085         Section 49. Subsections (3) and (4) of section 893.13,
 2086  Florida Statutes, are amended to read:
 2087         893.13 Prohibited acts; penalties.—
 2088         (3) A person who delivers, without consideration, 20 grams
 2089  or less of cannabis, as defined in this chapter, commits a
 2090  misdemeanor of the first degree, punishable as provided in s.
 2091  775.082 or s. 775.083. As used in this subsection paragraph, the
 2092  term “cannabis” does not include the resin extracted from the
 2093  plants of the genus Cannabis or any compound manufacture, salt,
 2094  derivative, mixture, or preparation of such resin.
 2095         (4) Except as authorized by this chapter, a person 18 years
 2096  of age or older may not deliver any controlled substance to a
 2097  person younger than 18 years of age, use or hire a person
 2098  younger than 18 years of age as an agent or employee in the sale
 2099  or delivery of such a substance, or use such person to assist in
 2100  avoiding detection or apprehension for a violation of this
 2101  chapter. A person who violates this subsection paragraph with
 2102  respect to:
 2103         (a) A controlled substance named or described in s.
 2104  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 2105  commits a felony of the first degree, punishable as provided in
 2106  s. 775.082, s. 775.083, or s. 775.084.
 2107         (b) A controlled substance named or described in s.
 2108  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2109  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 2110  the second degree, punishable as provided in s. 775.082, s.
 2111  775.083, or s. 775.084.
 2112         (c) Any other controlled substance, except as lawfully
 2113  sold, manufactured, or delivered, commits a felony of the third
 2114  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2115  775.084.
 2116  
 2117  Imposition of sentence may not be suspended or deferred, and the
 2118  person so convicted may not be placed on probation.
 2119         Reviser’s note.—Subsection (3) is amended to conform to context
 2120         and to the fact that subsection (3) does not contain
 2121         paragraphs. Subsection (4) is amended to conform to
 2122         context; the amendment to subsection (4) by s. 5, ch. 2016
 2123         105, Laws of Florida, substituted the word “paragraph” for
 2124         the word “provision,” but the introductory material is
 2125         applicable to the entire subsection.
 2126         Section 50. Paragraphs (c) and (h) of subsection (3) of
 2127  section 921.0022, Florida Statutes, are amended to read:
 2128         921.0022 Criminal Punishment Code; offense severity ranking
 2129  chart.—
 2130         (3) OFFENSE SEVERITY RANKING CHART
 2131         (c) LEVEL 3
 2132  
 2133  FloridaStatute           FelonyDegree         Description          
 2134  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
 2135  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
 2136  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
 2137  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 2138  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
 2139  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
 2140  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
 2141  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 2142  327.35(2)(b)                 3rd     Felony BUI.                   
 2143  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 2144  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 2145  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 2146  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
 2147  379.2431 (1)(e)7379.2431 (1)(e)6.    3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 2148  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
 2149  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
 2150  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
 2151  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
 2152  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
 2153  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
 2154  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
 2155  697.08                       3rd     Equity skimming.              
 2156  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
 2157  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 2158  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
 2159  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 2160  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
 2161  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
 2162  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
 2163  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 2164  817.233                      3rd     Burning to defraud insurer.   
 2165  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
 2166  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
 2167  817.236                      3rd     Filing a false motor vehicle insurance application.
 2168  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 2169  817.413(2)                   3rd     Sale of used goods as new.    
 2170  817.505(4)                   3rd     Patient brokering.            
 2171  828.12(2)                    3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 2172  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 2173  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
 2174  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
 2175  843.19                       3rd     Injure, disable, or kill police dog or horse.
 2176  860.15(3)                    3rd     Overcharging for repairs and parts.
 2177  870.01(2)                    3rd     Riot; inciting or encouraging.
 2178  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
 2179  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
 2180  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
 2181  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
 2182  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
 2183  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 2184  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 2185  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
 2186  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
 2187  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
 2188  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
 2189  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
 2190  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
 2191  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
 2192  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
 2193  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
 2194  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
 2195         (h) LEVEL 8
 2196  
 2197  FloridaStatute      FelonyDegree             Description             
 2198  316.193 (3)(c)3.a.     2nd    DUI manslaughter.                    
 2199  316.1935(4)(b)         1st    Aggravated fleeing or attempted eluding with serious bodily injury or death.
 2200  327.35(3)(c)3.         2nd    Vessel BUI manslaughter.             
 2201  499.0051(6) 499.0051(7)   1st    Knowing trafficking in contraband prescription drugs.
 2202  499.0051(7) 499.0051(8)   1st    Knowing forgery of prescription labels or prescription drug labels.
 2203  560.123(8)(b)2.        2nd    Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
 2204  560.125(5)(b)          2nd    Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
 2205  655.50(10)(b)2.        2nd    Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 2206  777.03(2)(a)           1st    Accessory after the fact, capital felony.
 2207  782.04(4)              2nd    Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
 2208  782.051(2)             1st    Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 2209  782.071(1)(b)          1st    Committing vehicular homicide and failing to render aid or give information.
 2210  782.072(2)             1st    Committing vessel homicide and failing to render aid or give information.
 2211  787.06(3)(a)1.         1st    Human trafficking for labor and services of a child.
 2212  787.06(3)(b)           1st    Human trafficking using coercion for commercial sexual activity of an adult.
 2213  787.06(3)(c)2.         1st    Human trafficking using coercion for labor and services of an unauthorized alien adult.
 2214  787.06(3)(e)1.         1st    Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
 2215  787.06(3)(f)2.         1st    Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
 2216  790.161(3)             1st    Discharging a destructive device which results in bodily harm or property damage.
 2217  794.011(5)(a)          1st    Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
 2218  794.011(5)(b)          2nd    Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
 2219  794.011(5)(c)          2nd    Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
 2220  794.011(5)(d)          1st    Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
 2221  794.08(3)              2nd    Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 2222  800.04(4)(b)           2nd    Lewd or lascivious battery.          
 2223  800.04(4)(c)           1st    Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
 2224  806.01(1)              1st    Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 2225  810.02(2)(a)         1st,PBL  Burglary with assault or battery.    
 2226  810.02(2)(b)         1st,PBL  Burglary; armed with explosives or dangerous weapon.
 2227  810.02(2)(c)           1st    Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 2228  812.014(2)(a)2.        1st    Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 2229  812.13(2)(b)           1st    Robbery with a weapon.               
 2230  812.135(2)(c)          1st    Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 2231  817.535(2)(b)          2nd    Filing false lien or other unauthorized document; second or subsequent offense.
 2232  817.535(3)(a)          2nd    Filing false lien or other unauthorized document; property owner is a public officer or employee.
 2233  817.535(4)(a)1.        2nd    Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 2234  817.535(5)(a)          2nd    Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
 2235  817.568(6)             2nd    Fraudulent use of personal identification information of an individual under the age of 18.
 2236  817.611(2)(c)          1st    Traffic in or possess 50 or more counterfeit credit cards or related documents.
 2237  825.102(2)             1st    Aggravated abuse of an elderly person or disabled adult.
 2238  825.1025(2)            2nd    Lewd or lascivious battery upon an elderly person or disabled adult.
 2239  825.103(3)(a)          1st    Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
 2240  837.02(2)              2nd    Perjury in official proceedings relating to prosecution of a capital felony.
 2241  837.021(2)             2nd    Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 2242  860.121(2)(c)          1st    Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 2243  860.16                 1st    Aircraft piracy.                     
 2244  893.13(1)(b)           1st    Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2245  893.13(2)(b)           1st    Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2246  893.13(6)(c)           1st    Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2247  893.135(1)(a)2.        1st    Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
 2248  893.135 (1)(b)1.b.     1st    Trafficking in cocaine, more than 200 grams, less than 400 grams.
 2249  893.135 (1)(c)1.b.     1st    Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
 2250  893.135 (1)(c)2.c.     1st    Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
 2251  893.135 (1)(c)3.c.     1st    Trafficking in oxycodone, 25 grams or more, less than 100 grams.
 2252  893.135 (1)(d)1.b.     1st    Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
 2253  893.135 (1)(e)1.b.     1st    Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
 2254  893.135 (1)(f)1.b.     1st    Trafficking in amphetamine, more than 28 grams, less than 200 grams.
 2255  893.135 (1)(g)1.b.     1st    Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 2256  893.135 (1)(h)1.b.     1st    Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 2257  893.135 (1)(j)1.b.     1st    Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 2258  893.135 (1)(k)2.b.     1st    Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 2259  893.1351(3)            1st    Possession of a place used to manufacture controlled substance when minor is present or resides there.
 2260  895.03(1)              1st    Use or invest proceeds derived from pattern of racketeering activity.
 2261  895.03(2)              1st    Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 2262  895.03(3)              1st    Conduct or participate in any enterprise through pattern of racketeering activity.
 2263  896.101(5)(b)          2nd    Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 2264  896.104(4)(a)2.        2nd    Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
 2265         Reviser’s note.—Paragraph (3)(c) is amended to conform to the
 2266         redesignation of s. 379.2431(1)(e)6. as s. 379.2431(1)(e)7.
 2267         by s. 4, ch. 2016-107, Laws of Florida. Paragraph (3)(h) is
 2268         amended to conform to the redesignation of subunits in s.
 2269         499.0051 by s. 4, ch. 2016-212, Laws of Florida.
 2270         Section 51. Paragraph (c) of subsection (5) of section
 2271  932.7055, Florida Statutes, is amended to read:
 2272         932.7055 Disposition of liens and forfeited property.—
 2273         (5)
 2274         (c) An agency or organization, other than the seizing
 2275  agency, that wishes to receive such funds shall apply to the
 2276  sheriff or chief of police for an appropriation and its
 2277  application shall be accompanied by a written certification that
 2278  the moneys will be used for an authorized purpose. Such requests
 2279  for expenditures shall include a statement describing
 2280  anticipated recurring costs for the agency for subsequent fiscal
 2281  years. An agency or organization that receives money pursuant to
 2282  this subsection shall provide an accounting for such moneys and
 2283  shall furnish the same reports as an agency of the county or
 2284  municipality that receives public funds. Such funds may be
 2285  expended in accordance with the following procedures:
 2286         1. Such funds may be used only for school resource officer,
 2287  crime prevention, safe neighborhood, drug abuse education, or
 2288  drug prevention programs or such other law enforcement purposes
 2289  as the board of county commissioners or governing body of the
 2290  municipality deems appropriate.
 2291         2. Such funds shall not be a source of revenue to meet
 2292  normal operating needs of the law enforcement agency.
 2293         3. Any local law enforcement agency that acquires at least
 2294  $15,000 pursuant to the Florida Contraband Forfeiture Act within
 2295  a fiscal year must expend or donate no less than 25 percent of
 2296  such proceeds for the support or operation of any drug
 2297  treatment, drug abuse education, drug prevention, crime
 2298  prevention, safe neighborhood, or school resource officer
 2299  program or programs. The local law enforcement agency has the
 2300  discretion to determine which program or programs will receive
 2301  the designated proceeds.
 2302  
 2303  Notwithstanding the drug abuse education, drug treatment, drug
 2304  prevention, crime prevention, safe neighborhood, or school
 2305  resource officer minimum expenditures or donations, the sheriff
 2306  and the board of county commissioners or the chief of police and
 2307  the governing body of the municipality may agree to expend or
 2308  donate such funds over a period of years if the expenditure or
 2309  donation of such minimum amount in any given fiscal year would
 2310  exceed the needs of the county or municipality for such program
 2311  or programs. The minimum requirement for expenditure or donation
 2312  of forfeiture proceeds established in subparagraph 3. this
 2313  subparagraph does not preclude expenditures or donations in
 2314  excess of that amount.
 2315         Reviser’s note.—Amended to correct an apparent error. The
 2316         reference to “this subparagraph” was added to the flush
 2317         left language at the end of paragraph (c) by s. 4, ch.
 2318         2016-79, Laws of Florida; subparagraph (c)3. specifically
 2319         contains a minimum requirement for expenditure or donation.
 2320         Section 52. Paragraph (a) of subsection (14) of section
 2321  1002.385, Florida Statutes, is amended to read:
 2322         1002.385 The Gardiner Scholarship.—
 2323         (14) OBLIGATIONS OF THE AUDITOR GENERAL.—
 2324         (a) The Auditor General shall conduct an annual operational
 2325  audit of accounts and records of each organization that
 2326  participates in the program. As part of this audit, the Auditor
 2327  General shall verify, at a minimum, the total number amount of
 2328  students served and the eligibility of reimbursements made by
 2329  the organization and transmit that information to the
 2330  department. The Auditor General shall provide the commissioner
 2331  with a copy of each annual operational audit performed pursuant
 2332  to this subsection within 10 days after the audit is finalized.
 2333         Reviser’s note.—Amended to improve clarity.
 2334         Section 53. Subsection (2) of section 1003.42, Florida
 2335  Statutes, is amended to read:
 2336         1003.42 Required instruction.—
 2337         (2) Members of the instructional staff of the public
 2338  schools, subject to the rules of the State Board of Education
 2339  and the district school board, shall teach efficiently and
 2340  faithfully, using the books and materials required that meet the
 2341  highest standards for professionalism and historical historic
 2342  accuracy, following the prescribed courses of study, and
 2343  employing approved methods of instruction, the following:
 2344         (a) The history and content of the Declaration of
 2345  Independence, including national sovereignty, natural law, self
 2346  evident truth, equality of all persons, limited government,
 2347  popular sovereignty, and inalienable rights of life, liberty,
 2348  and property, and how they form the philosophical foundation of
 2349  our government.
 2350         (b) The history, meaning, significance, and effect of the
 2351  provisions of the Constitution of the United States and
 2352  amendments thereto, with emphasis on each of the 10 amendments
 2353  that make up the Bill of Rights and how the constitution
 2354  provides the structure of our government.
 2355         (c) The arguments in support of adopting our republican
 2356  form of government, as they are embodied in the most important
 2357  of the Federalist Papers.
 2358         (d) Flag education, including proper flag display and flag
 2359  salute.
 2360         (e) The elements of civil government, including the primary
 2361  functions of and interrelationships between the Federal
 2362  Government, the state, and its counties, municipalities, school
 2363  districts, and special districts.
 2364         (f) The history of the United States, including the period
 2365  of discovery, early colonies, the War for Independence, the
 2366  Civil War, the expansion of the United States to its present
 2367  boundaries, the world wars, and the civil rights movement to the
 2368  present. American history shall be viewed as factual, not as
 2369  constructed, shall be viewed as knowable, teachable, and
 2370  testable, and shall be defined as the creation of a new nation
 2371  based largely on the universal principles stated in the
 2372  Declaration of Independence.
 2373         (g) The history of the Holocaust (1933-1945), the
 2374  systematic, planned annihilation of European Jews and other
 2375  groups by Nazi Germany, a watershed event in the history of
 2376  humanity, to be taught in a manner that leads to an
 2377  investigation of human behavior, an understanding of the
 2378  ramifications of prejudice, racism, and stereotyping, and an
 2379  examination of what it means to be a responsible and respectful
 2380  person, for the purposes of encouraging tolerance of diversity
 2381  in a pluralistic society and for nurturing and protecting
 2382  democratic values and institutions.
 2383         (h) The history of African Americans, including the history
 2384  of African peoples before the political conflicts that led to
 2385  the development of slavery, the passage to America, the
 2386  enslavement experience, abolition, and the contributions of
 2387  African Americans to society. Instructional materials shall
 2388  include the contributions of African Americans to American
 2389  society.
 2390         (i) The elementary principles of agriculture.
 2391         (j) The true effects of all alcoholic and intoxicating
 2392  liquors and beverages and narcotics upon the human body and
 2393  mind.
 2394         (k) Kindness to animals.
 2395         (l) The history of the state.
 2396         (m) The conservation of natural resources.
 2397         (n) Comprehensive health education that addresses concepts
 2398  of community health; consumer health; environmental health;
 2399  family life, including an awareness of the benefits of sexual
 2400  abstinence as the expected standard and the consequences of
 2401  teenage pregnancy; mental and emotional health; injury
 2402  prevention and safety; Internet safety; nutrition; personal
 2403  health; prevention and control of disease; and substance use and
 2404  abuse. The health education curriculum for students in grades 7
 2405  through 12 shall include a teen dating violence and abuse
 2406  component that includes, but is not limited to, the definition
 2407  of dating violence and abuse, the warning signs of dating
 2408  violence and abusive behavior, the characteristics of healthy
 2409  relationships, measures to prevent and stop dating violence and
 2410  abuse, and community resources available to victims of dating
 2411  violence and abuse.
 2412         (o) Such additional materials, subjects, courses, or fields
 2413  in such grades as are prescribed by law or by rules of the State
 2414  Board of Education and the district school board in fulfilling
 2415  the requirements of law.
 2416         (p) The study of Hispanic contributions to the United
 2417  States.
 2418         (q) The study of women’s contributions to the United
 2419  States.
 2420         (r) The nature and importance of free enterprise to the
 2421  United States economy.
 2422         (s) A character-development program in the elementary
 2423  schools, similar to Character First or Character Counts, which
 2424  is secular in nature. Beginning in school year 2004-2005, the
 2425  character-development program shall be required in kindergarten
 2426  through grade 12. Each district school board shall develop or
 2427  adopt a curriculum for the character-development program that
 2428  shall be submitted to the department for approval. The
 2429  character-development curriculum shall stress the qualities of
 2430  patriotism; responsibility; citizenship; kindness; respect for
 2431  authority, life, liberty, and personal property; honesty;
 2432  charity; self-control; racial, ethnic, and religious tolerance;
 2433  and cooperation. The character-development curriculum for grades
 2434  9 through 12 shall, at a minimum, include instruction on
 2435  developing leadership skills, interpersonal skills, organization
 2436  skills, and research skills; creating a resume; developing and
 2437  practicing the skills necessary for employment interviews;
 2438  conflict resolution, workplace ethics, and workplace law;
 2439  managing stress and expectations; and developing skills that
 2440  enable students to become more resilient and self-motivated.
 2441         (t) In order to encourage patriotism, the sacrifices that
 2442  veterans have made in serving our country and protecting
 2443  democratic values worldwide. Such instruction must occur on or
 2444  before Veterans’ Day and Memorial Day. Members of the
 2445  instructional staff are encouraged to use the assistance of
 2446  local veterans when practicable.
 2447  
 2448  The State Board of Education is encouraged to adopt standards
 2449  and pursue assessment of the requirements of this subsection.
 2450         Reviser’s note.—Amended to improve clarity.
 2451         Section 54. Paragraph (a) of subsection (2) of section
 2452  1006.195, Florida Statutes, is amended to read:
 2453         1006.195 District school board, charter school authority
 2454  and responsibility to establish student eligibility regarding
 2455  participation in interscholastic and intrascholastic
 2456  extracurricular activities.—Notwithstanding any provision to the
 2457  contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student
 2458  eligibility to participate in interscholastic and
 2459  intrascholastic extracurricular activities:
 2460         (2)(a) The Florida High School Athletic Association (FHSAA)
 2461  continues to retain jurisdiction over the following provisions
 2462  in s. 1006.20, which may not be implemented in a manner contrary
 2463  to this section: membership in the FHSAA; recruiting
 2464  prohibitions and violations; student medical evaluations;
 2465  investigations; and sanctions for coaches; school eligibility
 2466  and forfeiture of contests; student concussions or head
 2467  injuries; the sports medical advisory committee; and the general
 2468  operational provisions of the FHSAA.
 2469         Reviser’s note.—Amended to improve clarity.
 2470         Section 55. Paragraph (d) of subsection (7) of section
 2471  1012.796, Florida Statutes, is amended to read:
 2472         1012.796 Complaints against teachers and administrators;
 2473  procedure; penalties.—
 2474         (7) A panel of the commission shall enter a final order
 2475  either dismissing the complaint or imposing one or more of the
 2476  following penalties:
 2477         (d) Placement of the teacher, administrator, or supervisor
 2478  on probation for a period of time and subject to such conditions
 2479  as the commission may specify, including requiring the certified
 2480  teacher, administrator, or supervisor to complete additional
 2481  appropriate college courses or work with another certified
 2482  educator, with the administrative costs of monitoring the
 2483  probation assessed to the educator placed on probation. An
 2484  educator who has been placed on probation shall, at a minimum:
 2485         1. Immediately notify the investigative office in the
 2486  Department of Education upon employment or termination of
 2487  employment in the state in any public or private position
 2488  requiring a Florida educator’s certificate.
 2489         2. Have his or her immediate supervisor submit annual
 2490  performance reports to the investigative office in the
 2491  Department of Education.
 2492         3. Pay to the commission within the first 6 months of each
 2493  probation year the administrative costs of monitoring probation
 2494  assessed to the educator.
 2495         4. Violate no law and shall fully comply with all district
 2496  school board policies, school rules, and State Board of
 2497  Education rules.
 2498         5. Satisfactorily perform his or her assigned duties in a
 2499  competent, professional manner.
 2500         6. Bear all costs of complying with the terms of a final
 2501  order entered by the commission.
 2502  
 2503  The penalties imposed under this subsection are in addition to,
 2504  and not in lieu of, the penalties required for a third
 2505  recruiting offense pursuant to s. 1006.20(2)(b).
 2506         Reviser’s note.—Amended to improve clarity.
 2507         Section 56. Subsection (4) of section 1013.40, Florida
 2508  Statutes, is amended to read:
 2509         1013.40 Planning and construction of Florida College System
 2510  institution facilities; property acquisition.—
 2511         (4) The campus of a Florida College System institution
 2512  within a municipality designated as an area of critical state
 2513  concern, as defined in s. 380.05, and having a comprehensive
 2514  plan and land development regulations containing a building
 2515  permit allocation system that limits annual growth, may
 2516  construct dormitories for up to 300 beds for Florida College
 2517  System institution students. Such dormitories are exempt from
 2518  the building permit allocation system and may be constructed up
 2519  to 45 feet in height if the dormitories are otherwise consistent
 2520  with the comprehensive plan, the Florida College System
 2521  institution has a hurricane evacuation plan that requires all
 2522  dormitory occupants to be evacuated 48 hours in advance of
 2523  tropical force winds, and transportation is provided for
 2524  dormitory occupants during an evacuation. State funds and
 2525  tuition and fee revenues may not be used for construction, debt
 2526  service payments, maintenance, or operation of such dormitories.
 2527  Additional dormitory beds constructed after July 1, 2016, may
 2528  not be financed through the issuance of bonds a bond.
 2529         Reviser’s note.—Amended to improve clarity.
 2530         Section 57. Except as otherwise provided by this act, this
 2531  act shall take effect on the 60th day after adjournment sine die
 2532  of the session of the Legislature in which enacted.