THE BILL ITSELF
SB 104
Florida Statutes
ENROLLED
2026
Legislature SB 104 2026104er
2
An act relating to the Florida Statutes; amending ss.
3
7.03, 7.05, 7.16, 7.38, 7.42, 7.54, 7.58, 7.66,
4
82.036, 100.371, 112.19, 112.191, 112.22, 125.01055,
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166.04151, 202.34, 212.08, 212.099, 212.13, 258.004,
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288.062, 316.193, 327.4111, 330.41, 332.136, 338.26,
7
388.46, 391.026, 394.4575, 400.126, 400.191, 409.910,
8
409.979, 427.703, 429.55, 445.004, 497.271, 570.321,
9
599.012, 679.3171, 679.613, 718.111, 718.112, 718.501,
10
718.503, 719.106, 720.303, 782.071, 782.072, 790.052,
11
823.11, 836.13, 893.03, 914.27, 916.111, 916.115,
12
921.0022, 934.255, 945.42, 945.485, 951.27, 984.151,
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984.19, 984.21, 1003.27, 1008.25, 1011.61, and
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1012.552, F.S.; deleting provisions that have expired,
15
have become obsolete, have had their effect, have
16
served their purpose, or have been impliedly repealed
17
or superseded; replacing incorrect cross-references
18
and citations; correcting grammatical, typographical,
19
and like errors; removing inconsistencies,
20
redundancies, and unnecessary repetition in the
21
statutes; and improving the clarity of the statutes
22
and facilitating their correct interpretation;
23
providing an effective date.
25
Be It Enacted by the Legislature of the State of Florida:
27
Section 1. Section 7.03, Florida Statutes, is amended to
28
read:
29
7.03 Bay County.—The boundary lines of Bay County are as
30
follows: Beginning at the southwest corner of section eighteen
31
in township two, north, range eleven, west; thence west on the
32
section line to the southwest corner of section eighteen in
33
township two, north, range twelve, west; thence south on the
34
range line dividing ranges twelve and thirteen, west, to the
35
Meridian base line; thence west on the base line to the thread
36
of Pine Log Creek in range sixteen, west; thence southwesterly
37
along the thread of said creek into the Choctawhatchee River to
38
the thread of said river; thence southwesterly along the thread
39
of said river to a point where said river intersects the range
40
line dividing ranges seventeen and eighteen, west; thence south
41
on said range line to the Gulf of America; thence in a
42
southeasterly southeastwardly direction following the
43
meanderings of said gulf, including the waters of said gulf
44
within the jurisdiction of the State of Florida, including all
45
islands opposite the shoreline to a point where range line
46
dividing ranges eleven and twelve, west, intersects with said
47
gulf; thence north on said range line to place of beginning.
48
Reviser’s note.—Amended to conform to the preferred form of
49
directional terms used in Florida Statutes.
50
Section 2. Section 7.05, Florida Statutes, is amended to
51
read:
52
7.05 Brevard County.—The boundary lines of Brevard County
53
are as follows: Beginning in the thread of the St. Johns River
54
where the line dividing townships twenty-one and twenty-two
55
south, intersects said river; thence east on said township line
56
to the range line dividing ranges thirty-three and thirty-four
57
east; thence north on said range line to where the same
58
intersects the line dividing townships nineteen and twenty
59
south; thence east on said township line to the Atlantic Ocean;
60
thence southward along the Atlantic coast, including the waters
61
of the Atlantic Ocean within the jurisdiction of Florida, to the
62
intersection with the centerline of the Sebastian Inlet produced
63
easterly eastwardly , said inlet being in section twenty of
64
township thirty south range thirty-nine east; thence westerly on
65
said centerline and continuing southwesterly along the
66
centerline of the approach channel to said inlet from the Indian
67
River to a point due east of the mouth of the St. Sebastian
68
River; thence due west to the mouth of the St. Sebastian River;
69
thence south along the thread of the St. Sebastian River and the
70
thread of the south fork of the St. Sebastian River to a point
71
where the line dividing townships thirty and thirty-one south
72
intersects the thread of said south fork; thence west on said
73
township line to the line dividing ranges thirty-four and
74
thirty-five east; thence north on said range line to the
75
northeast corner of township twenty-five south, range thirty
76
four east and the St. Johns River; thence northerly following
77
the thread of said river to the point of beginning.
78
Reviser’s note.—Amended to conform to the preferred form of
79
directional terms used in Florida Statutes.
80
Section 3. Section 7.16, Florida Statutes, is amended to
81
read:
82
7.16 Duval County.—The boundary lines of Duval County are
83
as follows: Beginning at the mouth of the Nassau River; thence
84
up the thread of the main stream of said river to the run of
85
Thomas Swamp; thence up the run of said swamp to where same
86
would intersect the prolongation of a line drawn from the
87
southwest corner of township one north, of range twenty-five
88
east, to the southwest corner of township two south, of range
89
twenty-three east; thence on said last-mentioned line in a
90
southwesterly direction to where its extension would intersect
91
the range line dividing ranges twenty-two and twenty-three east;
92
thence south on said range line, concurrent with the Baker
93
County line, to the dividing line between townships three and
94
four south; thence east on said township line, concurrent with
95
the north boundary of Clay County, to its intersection with the
96
easterly limited access right-of-way line of U.S. 17, said point
97
being located south 88°33′33″ west 2.37 feet of the southwest
98
corner of Lot 12, Block 11 of Island View Subdivision, according
99
to the plat thereof recorded in Plat Book 6, page 10, Public
100
Records of Duval County, Florida; thence, along the limited
101
access boundary of State Road 9-A, north 08°45′26″ east 119.74
102
feet; thence north 38°21′40″ east 165.23 feet; thence north
103
49°31′32″ east 101.97 feet, thence north 64°29′41″ east 145.12
104
feet; thence north 83°23′50″ east 290.48 feet to the beginning
105
of a curve concave to the south and having a radius of 22,768.31
106
feet; thence, from a tangent bearing of south 89°51′51″ east,
107
run easterly 1,466.89 feet along said curve through a central
108
angle of 03°41′29″ to the end of said curve; thence south
109
86°10′22″ east 891.45 feet; thence south 86°49′27″ east 228.51
110
feet; thence north 87°54′15″ east 816.30 feet, thence south
111
86°49′27″ east, to the west margin of the main channel of the
112
St. Johns River; thence southerly along the west margin of the
113
main channel of said river, concurrent with the east boundary of
114
Clay County, to a point where a line drawn due west from the
115
mouth of Julington Creek would intersect said western margin of
116
the main channel of the St. Johns River; thence, concurrent with
117
the north boundary of St. Johns County, due east to the mouth of
118
Julington Creek; thence along the thread of said Julington Creek
119
to the south bank of Durbin Creek; thence easterly eastwardly
120
along the south bank of said Durbin Creek to a point where the
121
range line dividing ranges twenty-seven and twenty-eight east
122
intersects said south bank; thence south on said range line to
123
the southwest corner of township four south, range twenty-eight
124
east; thence east on the township line dividing townships four
125
and five south to the southeast corner of township four south,
126
range twenty-eight east; thence north on twenty-nine east to a
127
point where an extension of the section line between sections
128
eight and seventeen and sections nine and sixteen, township
129
three south, range twenty-nine east, would intersect said
130
section line; thence east on said section line to the Atlantic
131
Ocean; thence northward along the Atlantic coast, including the
132
waters of said ocean within the jurisdiction of the State of
133
Florida, to the point of beginning. Excluding from Duval County
134
the following described parcel of land. Begin at the
135
intersection of the north line of township four south with the
136
easterly right-of-way line of State Road 21, also known as
137
Blanding Boulevard, said east right-of-way line bearing north
138
00°02′42″ west; thence north 52°48′22″ east 2,239.0 feet; thence
139
north 40°33′35″ west 301.54 feet; thence north 24°10′22″ east
140
40.18 feet to an intersection with the southerly limited access
141
right-of-way line of State Road 9-A, also known as Interstate
142
295; thence along the southerly and easterly right-of-way line
143
of said State Road 9-A the following 6 courses; thence south
144
66°10′44″ east 1,883.20 feet to the point of curvature of a
145
curve concave northerly and having a radius of 5,879.578 feet;
146
thence southeasterly 2,592.53 feet along and around said curve
147
through a central angle of 25°15′50″ to the point of tangency of
148
said curve; thence north 88°33′33″ east 3,540.04 feet; thence
149
south 78°13′41″ east 219.09 feet; thence south 61°03′20″ east
150
233.15 feet; thence south 52°38′29″ east 379.68 feet to an
151
intersection with the northerly line of said township four
152
south; thence departing said right-of-way line, run thence west
153
along said north line of township four south to the point of
154
beginning.
155
Reviser’s note.—Amended to conform to the preferred form of
156
directional terms used in Florida Statutes.
157
Section 4. Section 7.38, Florida Statutes, is amended to
158
read:
159
7.38 Levy County.—The boundary lines of Levy County are as
160
follows: Beginning at the mouth of the most southern outlet of
161
the Big Withlacoochee River, running in an easterly eastwardly
162
direction, including all the islands in the mouth of said river,
163
along the thread of said river to where the range line dividing
164
ranges seventeen and eighteen east intersects said river; thence
165
north on said range line to the township line between townships
166
fourteen and fifteen south; thence east on said township line to
167
the middle line of township fourteen south, range nineteen east;
168
thence north on said middle line to the township line between
169
townships eleven and twelve south; thence west on said township
170
line to the range line between ranges seventeen and eighteen
171
east; thence north on said range line to the northeast corner of
172
section thirteen, township eleven south, range seventeen east;
173
thence west on the north line of said section thirteen and other
174
sections to the range line between ranges sixteen and seventeen
175
east; thence north on said range line to the township line
176
between townships ten and eleven south; thence west on said
177
township line to the range line between ranges fifteen and
178
sixteen east; thence north on said range line to the northeast
179
corner of section thirty-six, township ten south, range fifteen
180
east; thence west on the north boundary of said section thirty
181
six to the northwest corner of said section thirty-six, thence
182
north one half mile to the middle line of section twenty-six,
183
township ten south, range fifteen east; thence west on the
184
middle line of said section twenty-six and other sections to the
185
range line between ranges fourteen and fifteen east; thence
186
north to the northeast corner of section twenty-five, township
187
ten south, range fourteen east; thence west on the north line of
188
said section twenty-five and other sections to the thread of the
189
Suwannee River; thence southerly along the thread of the main
190
stream of said river to its mouth; thence south and easterly
191
along the Gulf of America, including all the islands, keys, and
192
the waters of said gulf within the jurisdiction of the State of
193
Florida, to the point of beginning.
194
Reviser’s note.—Amended to conform to the preferred form of
195
directional terms used in Florida Statutes.
196
Section 5. Section 7.42, Florida Statutes, is amended to
197
read:
198
7.42 Marion County.—The boundary lines of Marion County are
199
as follows: Beginning in the thread of the Withlacoochee River,
200
at the range line dividing ranges seventeen and eighteen east;
201
thence north to the township line dividing townships fourteen
202
and fifteen south; thence east on said township line to the
203
middle of township fourteen south, range nineteen east; thence
204
north to the line dividing townships eleven and twelve south;
205
thence east on said township line to Orange Lake; thence down
206
said lake along its southern margin to Orange Creek; thence
207
northerly and easterly down the thread of said creek to its
208
junction with the Oklawaha River; thence northeasterly down the
209
south side of the Oklawaha River at low-water mark to a point on
210
the south side of the Oklawaha River at low-water mark, where
211
the range line dividing ranges twenty-four and twenty-five east
212
in township eleven south, crosses said river; thence south on
213
said range line to where it intersects the township line
214
dividing townships eleven and twelve south; thence east on said
215
township line to where it intersects the section line dividing
216
sections two and three, in township twelve south, of range
217
twenty-five east; thence south on said section line and other
218
section lines to the southwest corner of section twenty-three of
219
said township twelve south, of range twenty-five east; thence
220
east on the section line dividing sections twenty-three and
221
twenty-six and other section lines to the range line dividing
222
ranges twenty-five and twenty-six east; thence south on said
223
range line to the southwest corner of section seven, township
224
thirteen south, range twenty-six east; thence east on the
225
section line dividing sections seven and eighteen, township
226
thirteen south, range twenty-six east, and other section lines
227
to the west shore of Lake George; thence southerly southwardly
228
along the shore of Lake George to the mouth of Sulphur Spring;
229
thence along the western bank of Lake George until it arrives at
230
range line dividing ranges twenty-six and twenty-seven east;
231
thence south on said range line to township line dividing
232
townships seventeen and eighteen south; thence due west on the
233
said township line to the thread of the Withlacoochee River;
234
thence northwesterly down the thread of said last mentioned
235
river to the place of beginning.
236
Reviser’s note.—Amended to conform to the preferred form of
237
directional terms used in Florida Statutes.
238
Section 6. Section 7.54, Florida Statutes, is amended to
239
read:
240
7.54 Putnam County.—The boundary lines of Putnam County are
241
as follows: Beginning at a point on the south side of the
242
Oklawaha River at low watermark where the range line dividing
243
ranges twenty-four and twenty-five east, township eleven south,
244
crosses said river; thence south on said range line to where
245
same intersects the township line dividing townships eleven and
246
twelve south; thence east on said township line to where same
247
intersects the section line dividing sections two and three,
248
township twelve south, range twenty-five east; thence south on
249
said section line and other section lines to the southwest
250
corner of section twenty-three of said township twelve south,
251
range twenty-five east; thence east on the section line dividing
252
sections twenty-three and twenty-six and other sections to the
253
range line dividing ranges twenty-five and twenty-six east;
254
thence south on said range line to the southwest corner of
255
section seven, township thirteen south, range twenty-six east;
256
thence east on the south boundary of said section seven and
257
other sections to the west shore of Lake George; thence
258
southerly southwardly along the shore of Lake George to the
259
mouth of Sulphur Spring; thence to a point on Lake George south
260
of the Spanish Grant, known as the Acosta Grant of land, and on
261
the northern boundary of Volusia County; thence in a direct line
262
and along the northern boundary of Volusia County to the most
263
southern part of Crescent Lake; thence along said northern
264
boundary of Volusia County, following the southeast shore of
265
Crescent Lake, to the mouth of Haw Creek and the boundary of
266
Flagler County; thence westerly and then northerly northwardly
267
along the boundary of Flagler County through the middle of
268
Crescent Lake crossing Bear Island on a line easterly of and
269
parallel to the west line of section nineteen, township twelve
270
south, range twenty-eight east, said line being 10,280 feet
271
easterly, measured at right angles from said west line of
272
section nineteen, which line crosses approximately in the center
273
of Bear Island, then continuing north and westerly through the
274
middle of Crescent Lake, to the range line dividing ranges
275
twenty-seven and twenty-eight east; thence north on said range
276
line to its intersection with Deep Creek; thence west along the
277
center of Deep Creek to the mouth thereof; thence due west to
278
the west margin of the main channel of the St. Johns River;
279
thence northerly along the west margin of the main channel of
280
said river to the intersection of the south boundary line of
281
township seven south with said river; thence west on said
282
township line to its intersection with the north margin of the
283
Bellamy or federal road leading from St. Augustine to
284
Tallahassee; thence south and westerly along the north margin of
285
said road to the point of intersection with such margin of a
286
northerly extension of the east boundary line of Hillcrest on
287
the Lake, a subdivision, as same appears of record in Plat Book
288
2, page 52, Public Records of Clay County; thence south along
289
the east boundary line of such subdivision to the southeast
290
corner of such subdivision; thence west along the south boundary
291
line of such subdivision to a point intersecting the north
292
margin of the Bellamy Road; thence south and westerly along the
293
north margin of said road to where same intersects the north
294
boundary of section seventeen, township nine south, range
295
twenty-three east; thence west on the section line between
296
sections eight and seventeen, seven and eighteen, township nine
297
south, range twenty-three east, to the southeast corner of said
298
section seven; thence continue west on the section line between
299
sections twelve and thirteen, township nine south, range twenty
300
two east to Santa Fe Lake; thence in a southeasterly direction
301
to a point on the range line dividing ranges twenty-two and
302
twenty-three east where said range line is intersected by the
303
Bellamy Road; thence south on said range line to where the same
304
intersects the thread of Orange Creek; thence westerly along the
305
thread of said creek to the intersection of same with the
306
Oklawaha River; thence westerly along the south bank of said
307
river at low watermark to the place of beginning.
308
Reviser’s note.—Amended to conform to the preferred form of
309
directional terms used in Florida Statutes.
310
Section 7. Section 7.58, Florida Statutes, is amended to
311
read:
312
7.58 St. Johns County.—The boundary lines of St. Johns
313
County are as follows: Beginning at a point on the Atlantic
314
coast, at a point where the section line between ten and
315
fifteen, in township three south of range twenty-nine east,
316
intersects the said Atlantic coast; thence west on the said
317
section line to a point where said section line would intersect
318
the range line between ranges twenty-eight and twenty-nine east;
319
thence south on said range line to a point where said range line
320
intersects the township line between townships four and five
321
south; thence west on the township line between townships four
322
and five south, in range twenty-eight east, to a point where
323
said township line intersects the range line between ranges
324
twenty-seven and twenty-eight east; thence north on said range
325
line to where the same intersects Durbin Creek; thence along the
326
south bank of Durbin Creek to Julington Creek; thence along the
327
thread of Julington Creek to the mouth thereof; thence due west
328
to the west margin of the main channel of the St. Johns River
329
and boundary line of Clay County; thence southerly southwardly
330
along the west margin of the main channel of said river and
331
boundaries of Clay and Putnam Counties to a point due west of
332
the mouth of Deep Creek; thence due east to the mouth of Deep
333
Creek; thence up the center of Deep Creek to the point of
334
intersection of Deep Creek with the range lines between ranges
335
twenty-seven and twenty-eight east; thence south on said range
336
line to a point where the south boundary line of section
337
eighteen, in township ten south, range twenty-eight east,
338
intersects said range line; thence east on said section line to
339
the range line between ranges twenty-nine and thirty east;
340
thence north on said range line to the middle of Pellicer’s
341
Creek; thence easterly on an imaginary line down the middle of
342
said creek to the mouth of said creek; thence northeasterly on
343
an imaginary line extending from the mouth of Pellicer’s Creek
344
to a point on the extension of township line between townships
345
nine and ten south, range thirty-one east and immediately north
346
of Summer Haven on the Atlantic coast; thence northerly
347
northwardly along said Atlantic coast, including the waters of
348
the Atlantic Ocean within the jurisdiction of the State of
349
Florida, to place of beginning.
350
Reviser’s note.—Amended to conform to the preferred form of
351
directional terms used in Florida Statutes.
352
Section 8. Section 7.66, Florida Statutes, is amended to
353
read:
354
7.66 Walton County.—The boundary lines of Walton County are
355
as follows: Beginning on the Alabama state line where same is
356
intersected by the line dividing centrally range eighteen west;
357
thence south on the section lines to the line dividing townships
358
two and three north, in range eighteen west; thence east to the
359
Choctawhatchee River; thence down the thread of the
360
Choctawhatchee River to a point where said Choctawhatchee River
361
intersects the range line dividing ranges seventeen and eighteen
362
west; thence south on said range line to the Gulf of America;
363
thence in a westerly westwardly direction following the
364
meanderings of said gulf, including the waters of said gulf
365
within the jurisdiction of the State of Florida, to the range
366
line dividing ranges twenty-one and twenty-two west; thence
367
north on said line to the dividing line between Florida and
368
Alabama; thence easterly along said state line to the place of
369
beginning.
370
Reviser’s note.—Amended to conform to the preferred form of
371
directional terms used in Florida Statutes.
372
Section 9. Subsection (3) of section 82.036, Florida
373
Statutes, is amended to read:
374
82.036 Limited alternative remedy to remove unauthorized
375
persons from residential real property.—
376
(3) To request the immediate removal of an unlawful
377
occupant of a residential dwelling, the property owner or his or
378
her authorized agent must submit a complaint by presenting a
379
completed and verified Complaint to Remove Persons Unlawfully
380
Occupying Residential Real Property to the sheriff of the county
381
in which the real property is located. The submitted complaint
382
must be in substantially the following form:
384
COMPLAINT TO REMOVE PERSONS UNLAWFULLY
385
OCCUPYING RESIDENTIAL REAL PROPERTY
387
I, the owner or authorized agent of the owner of the real
388
property located at ...(address of property)... ........ ,
389
declare under the penalty of perjury that (initial each box):
390
1. .... I am the owner of the real property or the
391
authorized agent of the owner of the real property.
392
2. .... I purchased the property on ...(date of
393
purchase)... .... .
394
3. .... The real property is a residential dwelling.
395
4. .... An unauthorized person or persons have unlawfully
396
entered and are remaining or residing unlawfully on the real
397
property.
398
5. .... The real property was not open to members of the
399
public at the time the unauthorized person or persons entered.
400
6. .... I have directed the unauthorized person or persons
401
to leave the real property, but they have not done so.
402
7. .... The person or persons are not current or former
403
tenants pursuant to any valid lease authorized by the property
404
owner, and any lease that may be produced by an occupant is
405
fraudulent.
406
8. .... The unauthorized person or persons sought to be
407
removed are not an owner or a co-owner of the property and have
408
not been listed on the title to the property unless the person
409
or persons have engaged in title fraud.
410
9. .... The unauthorized person or persons are not
411
immediate family members of the property owner.
412
10. .... There is no litigation related to the real
413
property pending between the property owner and any person
414
sought to be removed.
415
11. .... I understand that a person or persons removed from
416
the property pursuant to this procedure may bring a cause of
417
action against me for any false statements made in this
418
complaint, or for wrongfully using this procedure, and that as a
419
result of such action I may be held liable for actual damages,
420
penalties, costs, and reasonable attorney fees.
421
12. .... I am requesting the sheriff to immediately remove
422
the unauthorized person or persons from the residential
423
property. I authorize the sheriff to enter the property using
424
reasonably necessary force, to search the property, and to
425
remove any unauthorized person or persons.
426
13. .... A copy of my valid government-issued
427
identification is attached, or I am an agent of the property
428
owner, and documents evidencing my authority to act on the
429
property owner’s behalf are attached.
431
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH
432
STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS
433
MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY,
434
PUNISHABLE AS PROVIDED IN SECTION 92.525, FLORIDA STATUTES.
436
...(Signature of Property Owner or Agent of Owner)...
438
Reviser’s note.—Amended conform to general style in forms.
439
Section 10. Paragraph (c) of subsection (4) of section
440
100.371, Florida Statutes, is amended to read:
441
100.371 Initiatives; procedure for placement on ballot.—
442
(4)
443
(c) An application for registration must be submitted in
444
the format required by the Secretary of State and must include
445
the following:
446
1. The information required to be on the petition form
447
under s. 101.161, including the ballot summary and title as
448
received by the Secretary of State.
449
2. The applicant’s name, permanent address, temporary
450
address, if applicable, date of birth, Florida driver license or
451
Florida identification card number, and the last four digits of
452
his or her social security number.
453
3. An address in this state at which the applicant will
454
accept service of process related to disputes concerning the
455
petition process.
456
4. A statement that the applicant consents to the
457
jurisdiction of the courts of this state in resolving disputes
458
concerning the petition process.
459
5. Any information required by the Secretary of State to
460
verify the applicant’s identity or address.
461
6. Whether the applicant has been convicted of a felony
462
violation and has not had his or her right to vote restored, by
463
including the statement , “I affirm that I am not a convicted
464
felon, or, if I am, my right to vote has been restored,” and
465
providing a box for the applicant to check to affirm the
466
statement.
467
7. Whether the applicant is a citizen of the United States,
468
by asking the question , “Are you a citizen of the United States
469
of America?” and providing boxes for the applicant to check
470
whether the applicant is or is not a citizen of the United
471
States.
472
8. Whether the applicant is a Florida resident by asking
473
the question , “Are you a resident of the State of Florida?” and
474
providing boxes for the applicant to check whether the applicant
475
is or is not a resident of the State of Florida.
476
9. The signature of the applicant under penalty of perjury
477
for false swearing pursuant to s. 104.011, by which the
478
applicant swears or affirms that the information contained in
479
the application is true.
480
Reviser’s note.—Amended to remove extraneous punctuation.
481
Section 11. Paragraph (h) of subsection (2) of section
482
112.19, Florida Statutes, is amended to read:
483
112.19 Law enforcement, correctional, and correctional
484
probation officers; death benefits.—
485
(2)
486
(h)1. Any employer who employs a full-time law enforcement,
487
correctional, or correctional probation officer who, on or after
488
January 1, 1995, suffers a catastrophic injury, as defined in s.
489
440.02, Florida Statutes 2002, in the line of duty shall pay the
490
entire premium of the employer’s health insurance plan for the
491
injured employee, for the injured employee’s spouse, and for
492
each dependent child of the injured employee until the child
493
reaches the age of majority or until the end of the calendar
494
year in which the child reaches the age of 25 if the child
495
continues to be dependent for support, or the child is a full
496
time or part-time student and is dependent for support. The term
497
“health insurance plan” does not include supplemental benefits
498
that are not part of the basic group health insurance plan. If
499
the injured employee subsequently dies, the employer shall
500
continue to pay the entire health insurance premium for the
501
surviving spouse until remarried, and for the dependent
502
children, under the conditions outlined in this paragraph.
503
However:
504
a. Health insurance benefits payable from any other source
505
shall reduce benefits payable under this section.
506
b. It is unlawful for a person to willfully and knowingly
507
make, or cause to be made, or to assist, conspire with, or urge
508
another to make, or cause to be made, any false, fraudulent, or
509
misleading oral or written statement to obtain health insurance
510
coverage as provided under this paragraph. A person who violates
511
this sub-subparagraph commits a misdemeanor of the first degree,
512
punishable as provided in s. 775.082 or s. 775.083.
513
c. In addition to any applicable criminal penalty, upon
514
conviction for a violation as described in sub-subparagraph b.,
515
a law enforcement, correctional, or correctional probation
516
officer or other beneficiary who receives or seeks to receive
517
health insurance benefits under this paragraph shall forfeit the
518
right to receive such health insurance benefits, and shall
519
reimburse the employer for all benefits paid due to the fraud or
520
other prohibited activity. For purposes of this sub
521
subparagraph, the term “conviction” means a determination of
522
guilt that is the result of a plea or trial, regardless of
523
whether adjudication is withheld.
524
2. In order for the officer, spouse, and dependent children
525
to be eligible for such insurance coverage, the injury must have
526
occurred while the officer was in the line of duty or engaged in
527
an official training exercise. Except as otherwise provided
528
herein, this paragraph may not be construed to limit health
529
insurance coverage for which the officer, spouse, or dependent
530
children may otherwise be eligible, except that a person who
531
qualifies under this section is not eligible for the health
532
insurance subsidy provided under chapter 121, chapter 175, or
533
chapter 185.
534
Reviser’s note.—Amended to improve clarity.
535
Section 12. Paragraph (g) of subsection (2) of section
536
112.191, Florida Statutes, is amended to read:
537
112.191 Firefighters; death benefits.—
538
(2)
539
(g)1. Any employer who employs a full-time firefighter who,
540
on or after January 1, 1995, suffers a catastrophic injury, as
541
defined in s. 440.02, Florida Statutes 2002, in the line of duty
542
shall pay the entire premium of the employer’s health insurance
543
plan for the injured employee, for the injured employee’s
544
spouse, and for each dependent child of the injured employee
545
until the child reaches the age of majority or until the end of
546
the calendar year in which the child reaches the age of 25 if
547
the child continues to be dependent for support, or the child is
548
a full-time or part-time student and is dependent for support.
549
The term “health insurance plan” does not include supplemental
550
benefits that are not part of the basic group health insurance
551
plan. If the injured employee subsequently dies, the employer
552
shall continue to pay the entire health insurance premium for
553
the surviving spouse until remarried, and for the dependent
554
children, under the conditions outlined in this paragraph.
555
However:
556
a. Health insurance benefits payable from any other source
557
shall reduce benefits payable under this section.
558
b. It is unlawful for a person to willfully and knowingly
559
make, or cause to be made, or to assist, conspire with, or urge
560
another to make, or cause to be made, any false, fraudulent, or
561
misleading oral or written statement to obtain health insurance
562
coverage as provided under this paragraph. A person who violates
563
this sub-subparagraph commits a misdemeanor of the first degree,
564
punishable as provided in s. 775.082 or s. 775.083.
565
c. In addition to any applicable criminal penalty, upon
566
conviction for a violation as described in sub-subparagraph b.,
567
a firefighter or other beneficiary who receives or seeks to
568
receive health insurance benefits under this paragraph shall
569
forfeit the right to receive such health insurance benefits, and
570
shall reimburse the employer for all benefits paid due to the
571
fraud or other prohibited activity. For purposes of this sub
572
subparagraph, the term “conviction” means a determination of
573
guilt that is the result of a plea or trial, regardless of
574
whether adjudication is withheld.
575
2. In order for the firefighter, spouse, and dependent
576
children to be eligible for such insurance coverage, the injury
577
must have occurred as the result of the firefighter’s response
578
to what is reasonably believed to be an emergency involving the
579
protection of life or property or an unlawful act perpetrated by
580
another, or the injury must have occurred during an official
581
training exercise in which the firefighter became totally and
582
permanently disabled. Except as otherwise provided herein, this
583
paragraph may not be construed to limit health insurance
584
coverage for which the firefighter, spouse, or dependent
585
children may otherwise be eligible, except that a person who
586
qualifies for benefits under this section is not eligible for
587
the health insurance subsidy provided under chapter 121, chapter
588
175, or chapter 185.
590
Notwithstanding any provision of this section to the contrary,
591
the death benefits provided in paragraphs (b), (c), and (f)
592
shall also be applicable and paid in cases where a firefighter
593
received bodily injury prior to July 1, 1993, and subsequently
594
died on or after July 1, 1993, as a result of such in-line-of
595
duty injury.
596
Reviser’s note.—Amended to improve clarity.
597
Section 13. Subsection (4) of section 112.22, Florida
598
Statutes, is amended to read:
599
112.22 Use of applications from foreign countries of
600
concern prohibited.—
601
(4) (a) Notwithstanding s. 120.74(4) and (5), the department
602
is authorized, and all conditions are deemed met, to adopt
603
emergency rules pursuant to s. 120.54(4) and to implement
604
paragraph (3)(a). Such rulemaking must occur initially by filing
605
emergency rules within 30 days after July 1, 2023.
606
(b) The department shall adopt rules necessary to
607
administer this section.
608
Reviser’s note.—Amended to delete an obsolete provision; rule
609
60GG-2.008, Florida Administrative Code, became effective
610
December 18, 2023.
611
Section 14. Paragraph (e) of subsection (7) of section
612
125.01055, Florida Statutes, is amended to read:
613
125.01055 Affordable housing.—
614
(7)
615
(e)1. A proposed development authorized under this
616
subsection must be administratively approved without further
617
action by the board of county commissioners or any quasi
618
judicial or administrative board or reviewing body if the
619
development satisfies the county’s land development regulations
620
for multifamily developments in areas zoned for such use and is
621
otherwise consistent with the comprehensive plan, with the
622
exception of provisions establishing allowable densities, floor
623
area ratios, height, and land use. Such land development
624
regulations include, but are not limited to, regulations
625
relating to setbacks and parking requirements. A proposed
626
development located within one-quarter mile of a military
627
installation identified in s. 163.3175(2) may not be
628
administratively approved. Each county shall maintain on its
629
website a policy containing procedures and expectations for
630
administrative approval pursuant to this subsection. For
631
purposes of this subparagraph, the term “allowable density”
632
means the density prescribed for the property in accordance with
633
this subsection without additional requirements to procure and
634
transfer density units or development units from other
635
properties.
636
2. The county must administratively approve the demolition
637
of an existing structure associated with a proposed development
638
under this subsection, without further action by the board of
639
county commissioners or any quasi-judicial or administrative
640
board or reviewing body, if the proposed demolition otherwise
641
complies with all state and local regulations.
642
3. If the proposed development is on a parcel with a
643
contributing structure or building within a historic district
644
which was listed in the National Register of Historic Places
645
before January 1, 2000, or is on a parcel with a structure or
646
building individually listed in the National Register of
647
Historic Places, the county may administratively require the
648
proposed development to comply with local regulations relating
649
to architectural design, such as facade replication, provided it
650
does not affect height, floor area ratio, or of density of the
651
proposed development.
652
Reviser’s note.—Amended to confirm an editorial substitution to
653
conform to context.
654
Section 15. Paragraph (e) of subsection (7) of section
655
166.04151, Florida Statutes, is amended to read:
656
166.04151 Affordable housing.—
657
(7)
658
(e)1. A proposed development authorized under this
659
subsection must be administratively approved without further
660
action by the governing body of the municipality or any quasi
661
judicial or administrative board or reviewing body if the
662
development satisfies the municipality’s land development
663
regulations for multifamily developments in areas zoned for such
664
use and is otherwise consistent with the comprehensive plan,
665
with the exception of provisions establishing allowable
666
densities, floor area ratios, height, and land use. Such land
667
development regulations include, but are not limited to,
668
regulations relating to setbacks and parking requirements. A
669
proposed development located within one-quarter mile of a
670
military installation identified in s. 163.3175(2) may not be
671
administratively approved. Each municipality shall maintain on
672
its website a policy containing procedures and expectations for
673
administrative approval pursuant to this subsection. For
674
purposes of this paragraph, the term “allowable density” means
675
the density prescribed for the property in accordance with this
676
subsection without additional requirements to procure and
677
transfer density units or development units from other
678
properties.
679
2. The municipality must administratively approve the
680
demolition of an existing structure associated with a proposed
681
development under this subsection, without further action by the
682
governing body of the municipality or any quasi-judicial or
683
administrative board or reviewing body, if the proposed
684
demolition otherwise complies with all state and local
685
regulations.
686
3. If the proposed development is on a parcel with a
687
contributing structure or building within a historic district
688
which was listed in the National Register of Historic Places
689
before January 1, 2000, or is on a parcel with a structure or
690
building individually listed in the National Register of
691
Historic Places, the municipality may administratively require
692
the proposed development to comply with local regulations
693
relating to architectural design, such as facade replication,
694
provided it does not affect height, floor area ratio, or of
695
density of the proposed development.
696
Reviser’s note.—Amended to confirm an editorial substitution to
697
conform to context.
698
Section 16. Paragraph (f) of subsection (4) of section
699
202.34, Florida Statutes, is amended to read:
700
202.34 Records required to be kept; power to inspect; audit
701
procedure.—
702
(4)
703
(f) Once the notification required by paragraph (a) is
704
issued, the department, at any time, may respond to contact
705
initiated by a taxpayer to discuss the audit, and the taxpayer
706
may provide records or other information, electronically or
707
otherwise, to the department. The department may examine, at any
708
time, documentation and other information voluntarily provided
709
by the taxpayer, its representative, or other parties;
710
information already in the department’s possession; or publicly
711
available information. Examination by the department of such
712
information does not commence an audit if the review takes place
713
within 60 days after the notice of intent to conduct an audit.
714
The requirement in paragraph (a) does not prohibit the
715
department from making initial contact with the taxpayer to
716
confirm receipt of the notification or to confirm the date that
717
the audit will begin. If the taxpayer has not previously waived
718
the 60-day notice period and believes the department commenced
719
the audit before the 61st day, the taxpayer must object in
720
writing to the department before the issuance of an assessment
721
or the objection is waived. If the objection is not waived and
722
it is determined during a formal or informal protest that the
723
audit was commenced before the 61st day after the issuance of
724
the notice of intent to audit, the tolling period provided for
725
in s. 213.345 shall be considered lifted for the number of days
726
equal to the difference between the date the audit commenced and
727
the 61st day after the date of the department’s notice of intent
728
to audit.
729
Reviser’s note.—Amended to confirm an editorial insertion to
730
improve clarity.
731
Section 17. Paragraph (b) of subsection (20) of section
732
212.08, Florida Statutes, is amended to read:
733
212.08 Sales, rental, use, consumption, distribution, and
734
storage tax; specified exemptions.—The sale at retail, the
735
rental, the use, the consumption, the distribution, and the
736
storage to be used or consumed in this state of the following
737
are hereby specifically exempt from the tax imposed by this
738
chapter.
739
(20) ANNUAL BACK-TO-SCHOOL SALES TAX HOLIDAY.—
740
(b) The tax exemptions provided in this subsection do not
741
apply to sales within a theme park or entertainment complex as
742
defined in s. 509.013(9), within a public lodging establishment
743
as defined in s. 509.013(4), or within an airport as defined in
744
s. 330.27(3) s. 330.27(2) .
745
Reviser’s note.—Amended to correct a cross-reference to conform
746
to the redesignation of subunits in s. 330.27 by s. 12, ch.
747
2025-155, Laws of Florida.
748
Section 18. Paragraph (a) of subsection (1), subsections
749
(2) and (3), paragraph (a) of subsection (4), and subsection (5)
750
of section 212.099, Florida Statutes, are amended to read:
751
212.099 Credit for contributions to eligible nonprofit
752
scholarship-funding organizations.—
753
(1) As used in this section, the term:
754
(a) “Eligible business” means a tenant or person actually
755
occupying, using, or entitled to the use of any property from
756
which the rental or license fee is subject to taxation under
757
former s. 212.031.
758
(2) An eligible business shall be granted a credit against
759
the tax imposed under former s. 212.031 and collected from the
760
eligible business by a dealer. The credit shall be in an amount
761
equal to 100 percent of an eligible contribution made to an
762
organization on or before July 1, 2025.
763
(3) A dealer shall take a credit against the tax imposed
764
under former s. 212.031 in an amount equal to the credit taken
765
by the eligible business under subsection (2).
766
(4)(a) An eligible business must apply to the department
767
for an allocation of tax credits under this section. The
768
eligible business must specify in the application the state
769
fiscal year during which the contribution will be made, the
770
organization that will receive the contribution, the planned
771
amount of the contribution, the address of the property from
772
which the rental or license fee is subject to taxation under
773
former s. 212.031, and the federal employer identification
774
number of the dealer who collects the tax imposed under former
775
s. 212.031 from the eligible business and who will reduce
776
collection of taxes from the eligible business pursuant to this
777
section. The department shall approve allocations of tax credits
778
on a first-come, first-served basis and shall provide to the
779
eligible business a separate approval or denial letter for each
780
dealer for which the eligible business applied for an allocation
781
of tax credits. The department may not approve any allocations
782
of tax credits after July 1, 2025. Within 10 days after
783
approving or denying an application, the department shall
784
provide a copy of its approval or denial letter to the
785
organization specified by the eligible business in the
786
application. An approval letter must include the name and
787
federal employer identification number of the dealer from whom a
788
credit under this section can be taken and the amount of tax
789
credits approved for use with that dealer.
790
(5) Each dealer that receives from an eligible business a
791
copy of the department’s approval letter and a certificate of
792
contribution, both of which identify the dealer as the dealer
793
who collects the tax imposed under former s. 212.031 from the
794
eligible business and who will reduce collection of taxes from
795
the eligible business pursuant to this section, shall reduce the
796
tax collected from the eligible business under former s. 212.031
797
by the total amount of contributions indicated in the
798
certificate of contribution. The reduction may not exceed the
799
amount of credit allocation approved by the department and may
800
not exceed the amount of tax that would otherwise be collected
801
from the eligible business by a dealer when a payment is made
802
under the rental or license fee arrangement. However, payments
803
by an eligible business to a dealer may not be reduced before
804
October 1, 2018, or after October 1, 2025.
805
(a) If the total amount of credits an eligible business may
806
take cannot be fully used within any period that a payment is
807
due under the rental or license fee arrangement because of an
808
insufficient amount of tax that the dealer would collect from
809
the eligible business during that period, the unused amount may
810
be carried forward for a period not to exceed 10 years.
811
(b) Notwithstanding any other law, after July 1, 2025, any
812
unused earned credit held by an eligible business may be claimed
813
through a refund. An eligible business must attach a copy of the
814
department’s approval letter and the certificate of contribution
815
to its refund application, which must be submitted to the
816
department by December 31, 2026, in order to receive the refund.
817
(c) A tax credit may not be claimed on an amended return.
818
(d) A dealer that claims a tax credit must file returns and
819
pay taxes by electronic means under s. 213.755.
820
(e) An eligible business may not convey, assign, or
821
transfer an approved tax credit or a carryforward tax credit to
822
another entity unless all of the assets of the eligible business
823
are conveyed, assigned, or transferred in the same transaction
824
and the successor business continues the same lease with the
825
dealer.
826
(f) Within any state fiscal year, an eligible business may
827
rescind all or part of a tax credit approved under this section.
828
The amount rescinded shall become available for that state
829
fiscal year to another eligible business as approved by the
830
department if the business receives notice from the department
831
that the rescindment has been accepted by the department. Any
832
amount rescinded under this subsection shall become available to
833
an eligible business on a first-come, first-served basis based
834
on tax credit applications received after the date the
835
rescindment is accepted by the department.
836
(g) Within 10 days after the rescindment of a tax credit
837
under paragraph (f) is accepted by the department, the
838
department shall notify the eligible nonprofit scholarship
839
funding organization specified by the eligible business. The
840
department shall also include the eligible nonprofit
841
scholarship-funding organization specified by the eligible
842
business on all letters or correspondence of acknowledgment for
843
tax credits under this section.
844
Reviser’s note.—Amended to conform to the repeal of s. 212.031
845
by s. 37, ch. 2025-208, Laws of Florida.
846
Section 19. Paragraph (f) of subsection (5) of section
847
212.13, Florida Statutes, is amended to read:
848
212.13 Records required to be kept; power to inspect; audit
849
procedure.—
850
(5)
851
(f) Once the notification required by paragraph (a) is
852
issued, the department, at any time, may respond to contact
853
initiated by a taxpayer to discuss the audit, and the taxpayer
854
may provide records or other information, electronically or
855
otherwise, to the department. The department may examine, at any
856
time, documentation and other information voluntarily provided
857
by the taxpayer, its representative, or other parties;
858
information already in the department’s possession; or publicly
859
available information. Examination by the department of such
860
information does not commence an audit if the review takes place
861
within 60 days after the notice of intent to conduct an audit.
862
The requirement in paragraph (a) does not prohibit the
863
department from making initial contact with the taxpayer to
864
confirm receipt of the notification or to confirm the date that
865
the audit will begin. If the taxpayer has not previously waived
866
the 60-day notice period and believes the department commenced
867
the audit before the 61st day, the taxpayer must object in
868
writing to the department before the issuance of an assessment
869
or the objection is waived. If the objection is not waived and
870
it is determined during a formal or informal protest that the
871
audit was commenced before the 61st day after the issuance of
872
the notice of intent to audit, the tolling period provided for
873
in s. 213.345 shall be considered lifted for the number of days
874
equal to the difference between the date the audit commenced and
875
the 61st day after the date of the department’s notice of intent
876
to audit.
877
Reviser’s note.—Amended to confirm an editorial insertion to
878
improve clarity.
879
Section 20. Paragraph (b) of subsection (1) of section
880
258.004, Florida Statutes, is amended to read:
881
258.004 Duties of division.—
882
(1) The Division of Recreation and Parks of the Department
883
of Environmental Protection shall:
884
(b) Preserve, manage, regulate, and protect all parks and
885
recreational areas held by the state. The Division of Recreation
886
and Parks may provide these services by contract or interagency
887
agreement for any water management district when the governing
888
board of a water management district designates or sets aside
889
any park or recreation area within its boundaries.
890
1. All lands managed pursuant to this chapter must be
891
managed:
892
a. In a manner that will provide the greatest combination
893
of benefits to the public and to the land’s natural resources;
894
and
895
b. For conservation-based recreational uses and associated
896
facilities; public access and related amenities, including
897
roads, parking areas, walkways, and visitor centers; Florida
898
heritage and wildlife viewing, including preservation of
899
historical structures and activities such as glass bottom boat
900
tours; and scientific research, including archaeology. Such uses
901
must be managed in a manner that is compatible with and ensures
902
the conservation of this state’s natural resources by minimizing
903
impacts to undisturbed habitat. As used in this sub
904
subparagraph, the term “conservation-based recreational uses”
905
means public outdoor recreational activities that do not
906
significantly invade, degrade, or displace the natural
907
resources, native habitats, or archaeological or historical
908
sites that are preserved within state parks. These activities
909
include, but are not limited to, fishing, camping, bicycling,
910
hiking, nature study, swimming, boating, canoeing, horseback
911
riding, diving, birding, sailing, and jogging.
912
2. To ensure the protection of state park resources, native
913
habitats, and archaeological and historical sites, sporting
914
facilities, including, but not limited to, golf courses, tennis
915
courts, pickleball courts, ball fields, or other sporting
916
facilities, may not be constructed within the boundaries of
917
state parks. This subparagraph may not be construed to prohibit
918
the continued operation, maintenance, or repair of any such
919
sporting facilities, or other facilities, existing within a
920
state park.
921
Reviser’s note.—Amended to confirm an editorial insertion to
922
improve clarity.
923
Section 21. Paragraph (m) of subsection (2) of section
924
288.062, Florida Statutes, is amended to read:
925
288.062 Rural Community Investment Program.—
926
(2) As used in this section, the term:
927
(m) “Taxpayer” means a person who makes an investor
928
contribution and is a taxpayer as defined in s. 220.03(1)(z) s.
929
220.03(z) or a person with tax liability under s. 624.509.
930
Reviser’s note.—Amended to confirm an editorial substitution to
931
correct a cross-reference to conform to the correct
932
location of the term “taxpayer.”
933
Section 22. Paragraph (c) of subsection (3) of section
934
316.193, Florida Statutes, is amended to read:
935
316.193 Driving under the influence; penalties.—
936
(3) Any person:
937
(c) Who, by reason of such operation, causes or contributes
938
to causing:
939
1. Damage to the property or person of another commits a
940
misdemeanor of the first degree, punishable as provided in s.
941
775.082 or s. 775.083.
942
2. Serious bodily injury to another, as defined in s.
943
316.1933, commits a felony of the third degree, punishable as
944
provided in s. 775.082, s. 775.083, or s. 775.084.
945
3. The death of any human being or unborn child commits DUI
946
manslaughter, and commits:
947
a. A felony of the second degree, punishable as provided in
948
s. 775.082, s. 775.083, or s. 775.084.
949
b. A felony of the first degree, punishable as provided in
950
s. 775.082, s. 775.083, or s. 775.084, if:
951
(I) At the time of the crash, the person knew, or should
952
have known, that the crash occurred; and
953
(II) The person failed to give information and render aid
954
as required by s. 316.062.
955
c. A felony of the first degree, punishable as provided in
956
s. 775.082, s. 775.083, or s. 775.084, if the person has a prior
957
conviction under this subparagraph, s. 327.35(3)(a)3.c. s.
958
327.35(3)(c)3. , s. 782.071, or s. 782.072.
960
For purposes of this subsection, the term “unborn child” has the
961
same meaning as provided in s. 775.021(5). A person who is
962
convicted of DUI manslaughter shall be sentenced to a mandatory
963
minimum term of imprisonment of 4 years.
964
Reviser’s note.—Amended to confirm an editorial substitution to
965
conform to the redesignation of subunits in s. 327.35(3) by
966
s. 6, ch. 2025-197, Laws of Florida.
967
Section 23. Subsection (4) of section 327.4111, Florida
968
Statutes, is amended to read:
969
327.4111 Long-term anchoring.—
970
(4) A person who engages in long-term anchoring of a vessel
971
within the waters of this state without a valid long-term
972
anchoring permit commits a noncriminal infraction, punishable as
973
provided in is s. 327.73.
974
Reviser’s note.—Amended to confirm an editorial insertion to
975
conform to context.
976
Section 24. Paragraph (g) of subsection (2) of section
977
330.41, Florida Statutes, is amended to read:
978
330.41 Unmanned Aircraft Systems Act.—
979
(2) DEFINITIONS.—As used in this act, the term:
980
(g) “Property owner” means the owner or owners of record of
981
real property. The term includes real property held in trust for
982
the benefit of one or more individuals, in which case the
983
individual or individuals may be considered as the property
984
owner or owners, provided that the trustee provides written
985
consent. The term does not include persons renting, using,
986
living in , or otherwise occupying real property.
987
Reviser’s note.—Amended to confirm an editorial insertion to
988
improve clarity.
989
Section 25. Subsection (4) of section 332.136, Florida
990
Statutes, is amended to read:
991
332.136 Sarasota Manatee Airport Authority; airport pilot
992
program.—
993
(4) This section shall stand repealed on June 30, 2028,
994
unless reviewed and saved from repeal appeal through reenactment
995
by the Legislature.
996
Reviser’s note.—Amended to conform to context.
997
Section 26. Paragraph (a) of subsection (3) of section
998
338.26, Florida Statutes, is amended to read:
999
338.26 Alligator Alley toll road.—
1000
(3)(a) Fees generated from tolls shall be deposited in the
1001
State Transportation Trust Fund and shall be used:
1002
1. To reimburse outstanding contractual obligations;
1003
2. To operate and maintain the highway and toll facilities,
1004
including reconstruction and restoration;
1005
3. To pay for those projects that are funded with Alligator
1006
Alley toll revenues and that are contained in the 1993-1994
1007
adopted work program or the 1994-1995 tentative work program
1008
submitted to the Legislature on February 22, 1994; and
1009
4. By interlocal agreement, to reimburse a local
1010
governmental entity for the direct actual costs of operating the
1011
fire station at mile marker 63 on Alligator Alley, which shall
1012
be used by the local governmental entity to provide fire,
1013
rescue, and emergency management services exclusively to the
1014
public on Alligator Alley. The local governmental entity must
1015
contribute 10 percent of the direct actual operating costs.
1016
a. The interlocal agreement effective July 1, 2019, through
1017
no later than June 30, 2027, shall control until such time that
1018
the local governmental entity and the department enter into a
1019
new agreement or agree to extend the existing agreement. For the
1020
2024-2025 fiscal year, the amount of reimbursement may not
1021
exceed $2 million.
1022
b. By December 31, 2024, and every 5 years thereafter, the
1023
local governmental entity shall provide a maintenance and
1024
operations comprehensive plan to the department. The
1025
comprehensive plan must include a current inventory of assets,
1026
including their projected service life, and area service needs;
1027
the call and response history for emergency services provided in
1028
the preceding 5 years on Alligator Alley, including costs; and
1029
future projections for assets and equipment, including
1030
replacement or purchase needs, and operating costs.
1031
c. The local governmental entity and the department shall
1032
review and adopt the comprehensive plan as part of the
1033
interlocal agreement.
1034
d. In accordance with projected incoming toll revenues for
1035
Alligator Alley, the department shall include the corresponding
1036
funding needs of the comprehensive plan in the department’s work
1037
program, and the local governmental entity shall include the
1038
same in its capital comprehensive plan and the appropriate
1039
fiscal year budget.
1040
e. At the end of the term of the interlocal agreement, the
1041
ownership and title of all fire, rescue, and emergency equipment
1042
purchased with state funds and used at the fire station during
1043
the term of the interlocal agreement transfers to the state.
1044
Reviser’s note.—Amended to delete obsolete language.
1045
Section 27. Paragraph (a) of subsection (2) of section
1046
388.46, Florida Statutes, is amended to read:
1047
388.46 Florida Coordinating Council on Mosquito Control;
1048
establishment; membership; organization; responsibilities.—
1049
(2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
1050
(a) Membership.—The Florida Coordinating Council on
1051
Mosquito Control shall be composed of the following
1052
representatives or their authorized designees:
1053
1. The Secretary of Environmental Protection.
1054
2. The State Surgeon General.
1055
3. The executive director of the Fish and Wildlife
1056
Conservation Commission.
1057
4. The state epidemiologist.
1058
5. The Commissioner of Agriculture.
1059
6. The Board of Trustees of the Internal Improvement Trust
1060
Fund.
1061
7. Representatives from:
1062
a. The University of Florida, Institute of Food and
1063
Agricultural Sciences, Florida Medical Entomological Research
1064
Laboratory.
1065
b. The United States Environmental Protection Agency.
1066
c. The United States Department of Agriculture, Center for
1067
of Medical, Agricultural , and Veterinary Entomology.
1068
d. The United States Fish and Wildlife Service.
1069
8. Four mosquito control directors to be nominated by the
1070
Florida Mosquito Control Association, two representatives of
1071
Florida environmental groups, and two private citizens who are
1072
property owners whose lands are regularly subject to mosquito
1073
control operations, to be appointed to 4-year terms by the
1074
Commissioner of Agriculture and serve until his or her successor
1075
is appointed.
1076
Reviser’s note.—Amended to confirm an editorial substitution to
1077
conform to the correct name of the center.
1078
Section 28. Subsection (10) of section 391.026, Florida
1079
Statutes, is amended to read:
1080
391.026 Powers and duties of the department.—The department
1081
shall have the following powers, duties, and responsibilities:
1082
(10) To serve as the lead agency in administering the Early
1083
Steps Program pursuant to part C of the federal Individuals with
1084
Disabilities Education Act and part II III of this chapter.
1085
Reviser’s note.—Amended to conform to the redesignation of part
1086
III of chapter 391 as part II by s. 18, ch. 2025-88, Laws
1087
of Florida.
1088
Section 29. Paragraph (b) of subsection (1) of section
1089
394.4575, Florida Statutes, is amended to read:
1090
394.4575 Student mental health assistance program
1091
evaluation.—
1092
(1) The Office of Program Policy Analysis and Government
1093
Accountability (OPPAGA), in consultation with the Department of
1094
Children and Families, the Department of Education, the Louis de
1095
la Parte Florida Mental Health Institute, and any other
1096
identified relevant stakeholder, must evaluate school district
1097
compliance with ss. 1001.212(11), 1006.041, and 1012.584(4) and
1098
the mental health services and supports provided to students
1099
pursuant to those sections. OPPAGA must:
1100
(b) By December 1, 2026, provide a final review and
1101
evaluation of the mental health assistance programs within the
1102
school districts to the Governor, the President of the Senate,
1103
and the Speaker of the House of Representatives. The evaluation
1104
must include, but is not limited to:
1105
1. An assessment of school district compliance with the
1106
requirements of ss. 1001.212(11), 1006.041, and 1012.584(4).
1107
2. An assessment of the treatment outcomes, system
1108
capacity, and performance of mental health services provided
1109
pursuant to s. 1006.041(2)(a) and (b).
1110
3. An assessment of the mental health assistance programs’
1111
ongoing level of integration with the coordinated system of care
1112
required under s. 394.4573.
1113
4. Recommendations to enhance treatment outcomes, system
1114
capacity, and performance of school-based the mental health
1115
assistance programs and increase the integration of those
1116
programs into the coordinated system of care.
1117
Reviser’s note.—Amended to confirm an editorial deletion to
1118
improve clarity.
1119
Section 30. Subsection (12) of section 400.126, Florida
1120
Statutes, is amended to read:
1121
400.126 Receivership proceedings.—
1122
(12) Concurrently with the appointment of a receiver, the
1123
agency and the Department of Elderly Affairs shall coordinate an
1124
assessment of each resident in the facility by the Comprehensive
1125
Assessment and Review for Long-Term Care Services Long-Term-Care
1126
(CARES) Program for the purpose of evaluating each resident’s
1127
need for the level of care provided in a nursing facility and
1128
the potential for providing such care in alternative settings.
1129
If the CARES assessment determines that a resident could be
1130
cared for in a less restrictive setting or does not meet the
1131
criteria for skilled or intermediate care in a nursing home, the
1132
department and agency shall refer the resident for such care, as
1133
is appropriate for the resident. Residents referred pursuant to
1134
this subsection shall be given primary consideration for
1135
receiving services under the community care for the elderly
1136
program in the same manner as persons classified to receive such
1137
services pursuant to s. 430.205.
1138
Reviser’s note.—Amended to confirm an editorial substitution to
1139
conform to the correct name of the program.
1140
Section 31. Paragraph (a) of subsection (2) of section
1141
400.191, Florida Statutes, is amended to read:
1142
400.191 Availability, distribution, and posting of reports
1143
and records.—
1144
(2) The agency shall publish the Nursing Home Guide
1145
quarterly in electronic form to assist consumers and their
1146
families in comparing and evaluating nursing home facilities.
1147
(a) The agency shall provide an Internet site which must
1148
include at least the following information either directly or
1149
indirectly through a link to another established site or sites
1150
of the agency’s choosing:
1151
1. A section entitled “Have you considered programs that
1152
provide alternatives to nursing home care?” which must be the
1153
first section of the Nursing Home Guide and must prominently
1154
display information about available alternatives to nursing
1155
homes and how to obtain additional information regarding these
1156
alternatives. The Nursing Home Guide must explain that this
1157
state offers alternative programs that allow qualified elderly
1158
persons to stay in their homes instead of being placed in
1159
nursing homes and must encourage interested persons to call the
1160
Comprehensive Assessment and Review and Evaluation for Long-Term
1161
Care Services (CARES) Program to inquire as to whether they
1162
qualify. The Nursing Home Guide must list available home and
1163
community-based programs and must clearly state the services
1164
that are provided, including whether nursing home services are
1165
covered under those programs when necessary.
1166
2. A list by name and address of all nursing home
1167
facilities in this state, including any prior name by which a
1168
facility was known during the previous 24-month period.
1169
3. Whether such nursing home facilities are proprietary or
1170
nonproprietary.
1171
4. The current owner of the facility’s license and the year
1172
that that entity became the owner of the license.
1173
5. The name of the owner or owners of each facility and
1174
whether the facility is affiliated with a company or other
1175
organization owning or managing more than one nursing facility
1176
in this state.
1177
6. The total number of beds in each facility and the most
1178
recently available occupancy levels.
1179
7. The number of private and semiprivate rooms in each
1180
facility.
1181
8. The religious affiliation, if any, of each facility.
1182
9. The languages spoken by the administrator and staff of
1183
each facility.
1184
10. Whether or not each facility accepts Medicare or
1185
Medicaid recipients or insurance, health maintenance
1186
organization, United States Department of Veterans Affairs,
1187
CHAMPUS program, or workers’ compensation coverage.
1188
11. Recreational and other programs available at each
1189
facility.
1190
12. Special care units or programs offered at each
1191
facility.
1192
13. Whether the facility is a part of a retirement
1193
community that offers other services pursuant to part III of
1194
this chapter or part I or part III of chapter 429.
1195
14. Survey and deficiency information, including all
1196
federal and state recertification, licensure, revisit, and
1197
complaint survey information, for each facility. For
1198
noncertified nursing homes, state survey and deficiency
1199
information, including licensure, revisit, and complaint survey
1200
information, shall be provided.
1201
15. The results of consumer satisfaction surveys conducted
1202
pursuant to s. 400.0225.
1203
Reviser’s note.—Amended to confirm an editorial substitution to
1204
conform to the correct name of the program.
1205
Section 32. Paragraph (e) of subsection (17) of section
1206
409.910, Florida Statutes, is amended to read:
1207
409.910 Responsibility for payments on behalf of Medicaid
1208
eligible persons when other parties are liable.—
1209
(17)
1210
(e) Each party shall bear its own attorney fees and costs
1211
for any administrative proceeding conducted pursuant to
1212
paragraphs (b)-(e) this paragraph .
1213
Reviser’s note.—Amended to confirm an editorial substitution for
1214
a reference to “this paragraph,” as referenced in the
1215
amendment by s. 6, ch. 2013-48, Laws of Florida, and which
1216
language became paragraphs (b)-(e) in the compilation of
1217
the text pursuant to redesignation by s. 2, ch. 2013-150,
1218
Laws of Florida. Section 2, ch. 2013-150, referenced
1219
“paragraph (a) or paragraph (b).”
1220
Section 33. Paragraph (b) of subsection (1) of section
1221
409.979, Florida Statutes, is amended to read:
1222
409.979 Eligibility.—
1223
(1) PREREQUISITE CRITERIA FOR ELIGIBILITY.—Medicaid
1224
recipients who meet all of the following criteria are eligible
1225
to receive long-term care services and must receive long-term
1226
care services by participating in the long-term care managed
1227
care program. The recipient must be:
1228
(b) Determined by the Comprehensive Assessment and Review
1229
and Evaluation for Long-Term Care Services (CARES) preadmission
1230
screening program to require:
1231
1. Nursing facility care as defined in s. 409.985(3); or
1232
2. Hospital level of care, for individuals diagnosed with
1233
cystic fibrosis.
1234
Reviser’s note.—Amended to confirm an editorial substitution to
1235
conform to the correct name of the program.
1236
Section 34. Subsections (6), (7), (8), and (15) of section
1237
427.703, Florida Statutes, are amended to read:
1238
427.703 Definitions.—As used in this part:
1239
(8) (6) “Deafblind” means having both a permanent hearing
1240
impairment and a permanent visual impairment and includes dual
1241
sensory impairment.
1242
(6) (7) “Deaf service center” means a center that serves,
1243
within a defined region, individuals with hearing loss or speech
1244
impairment or who are deafblind, by distributing equipment and
1245
providing services on behalf of the administrator.
1246
(7) (8) “Deaf service center director” means an individual
1247
who serves as the director for a deaf service center and is
1248
responsible for ensuring that individuals with hearing loss or
1249
speech impairment or who are deafblind are qualified to receive
1250
equipment or services in accordance with ss. 427.701-427.708,
1251
based on their impairment by attesting to such impairment as
1252
provided for in the procedures developed by the administrator.
1253
(15) “Regional distribution center director” means an
1254
individual qualified by the administrator who serves as the
1255
director for a regional distribution center and meets the
1256
standards for ensuring that individuals with hearing loss or
1257
speech impairment or who are deafblind are qualified to receive
1258
equipment or services in accordance with ss. 427.701-427.708,
1259
based on their impairment by attesting to such impairment as
1260
provided for in the procedures developed by the administrator.
1261
Reviser’s note.—Subsections (6)-(8) are amended to conform to
1262
the alphabetical ordering of definitions in this section.
1263
Subsection (15) is amended to confirm editorial insertions
1264
to conform to language elsewhere in the section.
1265
Section 35. Section 429.55, Florida Statutes, is amended to
1266
read:
1267
429.55 Consumer information.—
1268
(1) CONSUMER INFORMATION WEBSITE.—The Legislature finds
1269
that consumers need additional information on the quality of
1270
care and service in assisted living facilities in order to
1271
select the best facility for themselves or their loved ones.
1272
Therefore, the Agency for Health Care Administration shall
1273
create content that is easily accessible through the home page
1274
of the agency’s website either directly or indirectly through
1275
links to one or more other established websites of the agency’s
1276
choosing. The website must be searchable by facility name,
1277
license type, city, or zip code. By November 1, 2015, The agency
1278
shall include all content in its possession on the website and
1279
add content when received from facilities. At a minimum, the
1280
content must include:
1281
(a) Information on each licensed assisted living facility,
1282
including, but not limited to:
1283
1. The name and address of the facility.
1284
2. The name of the owner or operator of the facility.
1285
3. The number and type of licensed beds in the facility.
1286
4. The types of licenses held by the facility.
1287
5. The facility’s license expiration date and status.
1288
6. The total number of clients that the facility is
1289
licensed to serve and the most recently available occupancy
1290
levels.
1291
7. The number of private and semiprivate rooms offered.
1292
8. The bed-hold policy.
1293
9. The religious affiliation, if any, of the assisted
1294
living facility.
1295
10. The languages spoken by the staff.
1296
11. Availability of nurses.
1297
12. Forms of payment accepted, including, but not limited
1298
to, Medicaid, Medicaid long-term managed care, private
1299
insurance, health maintenance organization, United States
1300
Department of Veterans Affairs, CHAMPUS program, or workers’
1301
compensation coverage.
1302
13. Indication if the licensee is operating under
1303
bankruptcy protection.
1304
14. Recreational and other programs available.
1305
15. Special care units or programs offered.
1306
16. Whether the facility is a part of a retirement
1307
community that offers other services pursuant to this part or
1308
part III of this chapter, part II or part III of chapter 400, or
1309
chapter 651.
1310
17. Links to the State Long-Term Care Ombudsman Program
1311
website and the program’s statewide toll-free telephone number.
1312
18. Links to the websites of the providers.
1313
19. Other relevant information that the agency currently
1314
collects.
1315
(b) Survey and violation information for the facility,
1316
including a list of the facility’s violations committed during
1317
the previous 60 months, which on July 1, 2015, may include
1318
violations committed on or after July 1, 2010. The list shall be
1319
updated monthly and include for each violation:
1320
1. A summary of the violation, including all licensure,
1321
revisit, and complaint survey information, presented in a manner
1322
understandable by the general public.
1323
2. Any sanctions imposed by final order.
1324
3. The date the corrective action was confirmed by the
1325
agency.
1326
(c) Links to inspection reports that the agency has on
1327
file.
1328
(2) VENOUS THROMBOEMBOLISM (VTE) VTE CONSUMER INFORMATION.—
1329
(a) The Legislature finds that many pulmonary embolisms
1330
(PEs) PEs are preventable and that information about the
1331
prevalence of the disease could save lives.
1332
(b) The term “pulmonary embolism” or “PE” means a condition
1333
in which part of a the clot located in a deep vein breaks off
1334
and travels to the lungs, possibly causing death.
1335
(c) The term “venous thromboembolism” or “VTE” means deep
1336
vein thrombosis, which is a blood clot located in a deep vein,
1337
usually in the leg or arm. The term can be used to refer to deep
1338
vein thrombosis, pulmonary embolism, or both.
1339
(d) Assisted living facilities must provide a consumer
1340
information pamphlet to residents upon admission. The pamphlet
1341
must contain information about venous thromboembolism, including
1342
risk factors and how residents can recognize the signs and
1343
symptoms of venous thromboembolism.
1345
The agency may adopt rules to administer this section.
1346
Reviser’s note.—Subsection (1) is amended to delete obsolete
1347
language. Subsection (2) is amended to improve clarity.
1348
Section 36. Paragraph (h) of subsection (4) of section
1349
445.004, Florida Statutes, is amended to read:
1350
445.004 CareerSource Florida, Inc., and the state board;
1351
creation; purpose; membership; duties and powers.—
1352
(4)
1353
(h)1. The state board shall appoint a Credentials Review
1354
Committee to identify nondegree credentials and degree
1355
credentials of value for approval by the state board and
1356
inclusion in the Master Credentials List. Such credentials must
1357
include registered apprenticeship programs; industry
1358
certifications, including industry certifications for
1359
agricultural occupations submitted pursuant to s. 570.07(43);
1360
licenses; advanced technical certificates; college credit
1361
certificates; career certificates; applied technology diplomas;
1362
associate degrees; baccalaureate degrees; and graduate degrees.
1363
The Credentials Review Committee must include:
1364
a. The Chancellor of the Division of Public Schools.
1365
b. The Chancellor of the Division of Career and Adult
1366
Education.
1367
c. The Chancellor of the Florida College System.
1368
d. The Chancellor of the State University System.
1369
e. The director of the Office of Reimagining Education and
1370
Career Help, who shall serve as chair of the committee.
1371
f. Four members from local workforce development boards,
1372
with equal representation from urban and rural regions.
1373
g. Two members from nonpublic postsecondary institutions.
1374
h. Two members from industry associations.
1375
i. Two members from Florida-based businesses.
1376
j. Two members from the Department of Commerce.
1377
k. One member from the Department of Agriculture and
1378
Consumer Services.
1379
2. All information pertaining to the Credentials Review
1380
Committee, the process for the approval of credentials of value,
1381
and the Master Credentials List must be made available and be
1382
easily accessible to the public on all relevant state agency
1383
websites.
1384
3. The Credentials Review Committee shall establish a
1385
definition for credentials of value and create a framework of
1386
quality. The framework must align with federally funded
1387
workforce accountability requirements and undergo biennial
1388
review.
1389
4. The criteria to determine value for nondegree
1390
credentials should, at a minimum, require:
1391
a. Evidence that the credential meets labor market demand
1392
as identified by the Labor Market Statistics Center within the
1393
Department of Commerce or the Labor Market Estimating Conference
1394
created in s. 216.136, or meets local demand as identified in
1395
the criteria adopted by the Credentials Review Committee. The
1396
Credentials Review Committee may consider additional evidence to
1397
determine labor market demand for credentials for agricultural
1398
occupations. Evidence to be considered by the Credentials Review
1399
Committee must include employer information on present
1400
credential use or emerging opportunities.
1401
b. Evidence that the competencies mastered upon completion
1402
of the credential are aligned with labor market demand.
1403
c. Evidence of the employment and earnings outcomes for
1404
individuals after obtaining the credential. Earnings outcomes
1405
must provide middle-level to high-level wages with preference
1406
given to credentials generating high-level wages. Credentials
1407
that do not meet the earnings outcomes criteria must be part of
1408
a sequence of credentials that are required for the next level
1409
occupation that does meet the earnings outcomes criteria in
1410
order to be identified as a credential of value. For new
1411
credentials, this criteria may be met with conditional
1412
eligibility until measurable labor market outcomes are obtained.
1413
5. The Credentials Review Committee shall establish the
1414
criteria to determine value for degree programs. This criteria
1415
must include evidence that the program meets statewide or
1416
regional labor market demand as identified by the Labor Market
1417
Statistics Center within the Department of Commerce or the Labor
1418
Market Estimating Conference created in s. 216.136, or meets
1419
local demand as determined by the committee. The Credentials
1420
Review Committee may consider additional evidence to determine
1421
labor market demand for credentials for agricultural
1422
occupations. Such criteria, once available and applicable to
1423
baccalaureate degrees and graduate degrees, must be used to
1424
designate programs of emphasis under s. 1001.706 and to guide
1425
the development of program standards and benchmarks under s.
1426
1004.92.
1427
6. The Credentials Review Committee shall establish a
1428
process for prioritizing nondegree credentials and degree
1429
programs based on critical statewide or regional shortages.
1430
7. The Credentials Review Committee shall establish a
1431
process for:
1432
a. At a minimum, quarterly review and approval of
1433
credential applications. Approved credentials of value shall be
1434
used by the committee to develop the Master Credentials List.
1435
b. Annual review of the Master Credentials List.
1436
c. Phasing out credentials on the Master Credentials List
1437
that no longer meet the framework of quality. Credentials must
1438
remain on the list for at least 1 year after identification for
1439
removal.
1440
d. Designating performance funding eligibility under ss.
1441
1011.80 and 1011.81, based upon the highest available
1442
certification for postsecondary students.
1443
e. Upon approval, the state board shall submit the Master
1444
Credentials List to the State Board of Education. The list must,
1445
at a minimum, identify nondegree credentials and degree programs
1446
determined to be of value for purposes of the CAPE Industry
1447
Certification Funding List adopted under s. 1008.44 ss. 1008.44
1448
and 1011.62(1) ; if the credential or degree program meets
1449
statewide, regional, or local level demand; the type of
1450
certificate, credential, or degree; and the primary standard
1451
occupation classification code.
1452
f. If an application submitted to the Credentials Review
1453
Committee does not meet the required standards, the Credentials
1454
Review Committee must provide a notice of deficiency to the
1455
applicant and the provider who was identified as the point of
1456
contact provided on the application by the end of the next
1457
quarter after receipt of the application. The notice must
1458
include the basis for denial and the procedure to appeal the
1459
denial.
1460
8. The Credentials Review Committee shall establish a
1461
process for linking Classifications of Instructional Programs
1462
(CIP) to Standard Occupational Classifications (SOC) for all new
1463
credentials of value identified on the Master Credentials List.
1464
The CIP code aligns instructional programs to occupations. A CIP
1465
to SOC link indicates that programs classified in the CIP code
1466
category prepare individuals for jobs classified in the SOC code
1467
category. The state board shall submit approved CIP to SOC
1468
linkages to the State Board of Education with each credential
1469
that is added to the Master Credentials List.
1470
9. The Credentials Review Committee shall identify all data
1471
elements necessary to collect information on credentials by the
1472
Florida Education and Training Placement Program automated
1473
system under s. 1008.39.
1474
Reviser’s note.—Amended to conform to the deletion of references
1475
to the CAPE Industry Certification Funding List in s.
1476
1011.62(1) by s. 17, ch. 2025-203, Laws of Florida.
1477
Section 37. Subsection (3) of section 497.271, Florida
1478
Statutes, is amended to read:
1479
497.271 Standards for construction and significant
1480
alteration or renovation of mausoleums and columbaria.—
1481
(3) The licensing authority shall transmit the rules as
1482
adopted under subsection (2), referred to as the “mausoleum
1483
standards,” to the Florida Building Commission, which shall
1484
initiate rulemaking under chapter 120 to consider such mausoleum
1485
standards. If such mausoleum standards are not deemed
1486
acceptable, they must be returned by the Florida Building
1487
Commission to the licensing authority with details of changes
1488
needed to make them acceptable. If such mausoleum standards are
1489
acceptable, the Florida Building Commission must adopt a rule
1490
designating the mausoleum standards as an approved revision to
1491
the State Minimum Building Codes under part IV of chapter 553.
1492
When designated by the Florida Building Commission, such
1493
mausoleum standards shall become a required element of the State
1494
Minimum Building Codes under s. 553.73(2) s. 553.73(2)(a) and
1495
shall be transmitted to each local enforcement agency, as
1496
defined in s. 553.71(5). Such local enforcement agency shall
1497
consider and inspect for compliance with such mausoleum
1498
standards as if they were part of the local building code, but
1499
shall have no continuing duty to inspect after final approval of
1500
the construction pursuant to the local building code. Any
1501
further amendments to the mausoleum standards shall be
1502
accomplished by the same procedure. Such designated mausoleum
1503
standards, as from time to time amended, shall be a part of the
1504
State Minimum Building Codes under s. 553.73 until the adoption
1505
and effective date of a new statewide uniform minimum building
1506
code, which may supersede the mausoleum standards as provided by
1507
the law enacting the new statewide uniform minimum building
1508
code.
1509
Reviser’s note.—Amended to correct a scrivener’s error in
1510
Engrossed C.S. for C.S. for C.S. for H.B. 683, which became
1511
ch. 2025-140, Laws of Florida; that version deleted an
1512
earlier bill version amendment adding paragraphs to s.
1513
553.72(2) but neglected to correct a cross-reference to
1514
that provision updated in the earlier version.
1515
Section 38. Subsection (2) of section 570.321, Florida
1516
Statutes, is amended to read:
1517
570.321 Plant Industry Trust Fund.—
1518
(2) Funds to be credited to and uses of the trust fund
1519
shall be administered in accordance with ss. 581.031, 581.141,
1520
581.211, 581.212, 586.045, 586.15, and 586.16 , 593.114, and
1521
593.117 .
1522
Reviser’s note.—Amended to conform to the repeal of ss. 593.114
1523
and 593.117 by s. 68, ch. 2025-22, Laws of Florida.
1524
Section 39. Paragraph (a) of subsection (1) of section
1525
599.012, Florida Statutes, is amended to read:
1526
599.012 Florida Wine Trust Fund; creation.—
1527
(1) There is established the Florida Wine Trust Fund within
1528
the Department of Agriculture and Consumer Services. The
1529
department shall use the moneys deposited in the trust fund
1530
pursuant to subsection (2) to do all the following:
1531
(a) Develop and coordinate the implementation of the State
1532
Wine Viticulture Plan.
1533
Reviser’s note.—Amended to confirm an editorial substitution to
1534
conform to the renaming of the plan by s. 71, ch. 2025-22,
1535
Laws of Florida.
1536
Section 40. Subsection (4) of section 679.3171, Florida
1537
Statutes, is amended to read:
1538
679.3171 Interests that take priority over or take free of
1539
security interest or agricultural lien.—
1540
(4) Subject to subsections (6)-(8), a licensee of a general
1541
intangible or a buyer, other than a secured party, of collateral
1542
other than electronic money, tangible documents, goods,
1543
instruments, tangible documents, or a certificated security
1544
takes free of a security interest if the licensee or buyer gives
1545
value without knowledge of the security interest and before it
1546
is perfected.
1547
Reviser’s note.—Amended to confirm an editorial deletion to
1548
remove duplicative language.
1549
Section 41. Paragraph (a) of subsection (3) of section
1550
679.613, Florida Statutes, is amended to read:
1551
679.613 Contents and form of notification before
1552
disposition of collateral; general.—Except in a consumer-goods
1553
transaction, the following rules apply:
1554
(3) The contents of a notification providing substantially
1555
the information specified in subsection (1) are sufficient, even
1556
if the notification includes:
1557
(a) Information not specified by that subsection paragraph ;
1558
or
1559
Reviser’s note.—Amended to conform to context.
1560
Section 42. Paragraph (d) of subsection (1) and paragraph
1561
(g) of subsection (12) of section 718.111, Florida Statutes, are
1562
amended to read:
1563
718.111 The association.—
1564
(1) CORPORATE ENTITY.—
1565
(d) As required by s. 617.0830, an officer, director, or
1566
agent shall discharge his or her duties in good faith, with the
1567
care an ordinarily prudent person in a like position would
1568
exercise under similar circumstances, and in a manner he or she
1569
reasonably believes to be in the interests of the association.
1570
An officer, director, or agent shall be liable for monetary
1571
damages as provided in s. 617.0834 if such officer, director, or
1572
agent breached or failed to perform his or her duties and the
1573
breach of, or failure to perform, his or her duties constitutes
1574
a violation of criminal law as provided in s. 617.0834;
1575
constitutes a transaction from which the officer or director
1576
derived an improper personal benefit, either directly or
1577
indirectly; or constitutes recklessness or an act or omission
1578
that was in bad faith, with malicious purpose, or in a manner
1579
exhibiting wanton and willful disregard of human rights, safety,
1580
or property. Forgery of a ballot envelope or voting certificate
1581
used in a condominium association election is punishable as
1582
provided in s. 831.01, the theft or embezzlement of funds of a
1583
condominium association is punishable as provided in s. 812.014,
1584
and the destruction of or the refusal to allow inspection or
1585
copying of an official record of a condominium association that
1586
is accessible to unit owners within the time periods required by
1587
general law in furtherance of any crime is punishable as
1588
tampering with physical evidence as provided in s. 918.13 or as
1589
obstruction of justice as provided in chapter 843. An officer or
1590
director charged by information or indictment with a crime
1591
referenced in this paragraph must be removed from office, and
1592
the vacancy shall be filled as provided in s. 718.112(2)(d)3. s.
1593
718.112(2)(d)2. until the end of the officer’s or director’s
1594
period of suspension or the end of his or her term of office,
1595
whichever occurs first. If a criminal charge is pending against
1596
the officer or director, he or she may not be appointed or
1597
elected to a position as an officer or a director of any
1598
association and may not have access to the official records of
1599
any association, except pursuant to a court order. However, if
1600
the charges are resolved without a finding of guilt, the officer
1601
or director must be reinstated for the remainder of his or her
1602
term of office, if any.
1603
(12) OFFICIAL RECORDS.—
1604
(g)1. An association managing a condominium with 25 or more
1605
units which does not contain timeshare units shall post digital
1606
copies of the documents specified in subparagraph 2. on its
1607
website or make such documents available through an application
1608
that can be downloaded on a mobile device. Unless a shorter
1609
period is otherwise required, a document must be made available
1610
on the association’s website or made available for download
1611
through an application on a mobile device within 30 days after
1612
the association receives or creates an official record specified
1613
in subparagraph 2.
1614
a. The association’s website or application must be:
1615
(I) An independent website, application, or web portal
1616
wholly owned and operated by the association; or
1617
(II) A website, application, or web portal operated by a
1618
third-party provider with whom the association owns, leases,
1619
rents, or otherwise obtains the right to operate a web page,
1620
subpage, web portal, collection of subpages or web portals, or
1621
an application which is dedicated to the association’s
1622
activities and on which required notices, records, and documents
1623
may be posted or made available by the association.
1624
b. The association’s website or application must be
1625
accessible through the Internet and must contain a subpage, web
1626
portal, or other protected electronic location that is
1627
inaccessible to the general public and accessible only to unit
1628
owners and employees of the association.
1629
c. Upon a unit owner’s written request, the association
1630
must provide the unit owner with a username and password and
1631
access to the protected sections of the association’s website or
1632
application which contain any notices, records, or documents
1633
that must be electronically provided.
1634
2. A current copy of the following documents must be posted
1635
in digital format on the association’s website or application:
1636
a. The recorded declaration of condominium of each
1637
condominium operated by the association and each amendment to
1638
each declaration.
1639
b. The recorded bylaws of the association and each
1640
amendment to the bylaws.
1641
c. The articles of incorporation of the association, or
1642
other documents creating the association, and each amendment to
1643
the articles of incorporation or other documents. The copy
1644
posted pursuant to this sub-subparagraph must be a copy of the
1645
articles of incorporation filed with the Department of State.
1646
d. The rules of the association.
1647
e. The approved minutes of all board of administration
1648
meetings over the preceding 12 months.
1649
f. The video recording or a hyperlink to the video
1650
recording for all meetings of the association, the board of
1651
administration, any committee, and the unit owners which are
1652
conducted by video conference over the preceding 12 months.
1653
g. A list of all executory contracts or documents to which
1654
the association is a party or under which the association or the
1655
unit owners have an obligation or responsibility and, after
1656
bidding for the related materials, equipment, or services has
1657
closed, a list of bids received by the association within the
1658
past year. Summaries of bids for materials, equipment, or
1659
services which exceed $500 must be maintained on the website or
1660
application for 1 year. In lieu of summaries, complete copies of
1661
the bids may be posted.
1662
h. The annual budget required by s. 718.112(2)(f) and any
1663
proposed budget to be considered at the annual meeting.
1664
i. The financial report required by subsection (13) and any
1665
monthly income or expense statement to be considered at a
1666
meeting.
1667
j. The certification of each director required by s.
1668
718.112(2)(d)5.b. s. 718.112(2)(d)4.b.
1669
k. All contracts or transactions between the association
1670
and any director, officer, corporation, firm, or association
1671
that is not an affiliated condominium association or any other
1672
entity in which an association director is also a director or
1673
officer and financially interested.
1674
l. Any contract or document regarding a conflict of
1675
interest or possible conflict of interest as provided in ss.
1676
468.4335, 468.436(2)(b)6., and 718.3027(3).
1677
m. The notice of any unit owner meeting and the agenda for
1678
the meeting, as required by s. 718.112(2)(d)4. s.
1679
718.112(2)(d)3. , no later than 14 days before the meeting. The
1680
notice must be posted in plain view on the front page of the
1681
website or application, or on a separate subpage of the website
1682
or application labeled “Notices” which is conspicuously visible
1683
and linked from the front page. The association must also post
1684
on its website or application any document to be considered and
1685
voted on by the owners during the meeting or any document listed
1686
on the agenda at least 7 days before the meeting at which the
1687
document or the information within the document will be
1688
considered.
1689
n. Notice of any board meeting, the agenda, and any other
1690
document required for the meeting as required by s.
1691
718.112(2)(c), which must be posted no later than the date
1692
required for notice under s. 718.112(2)(c).
1693
o. The inspection reports described in ss. 553.899 and
1694
718.301(4)(p) and any other inspection report relating to a
1695
structural or life safety inspection of condominium property.
1696
p. The association’s most recent structural integrity
1697
reserve study, if applicable.
1698
q. Copies of all building permits issued for ongoing or
1699
planned construction.
1700
r. A copy of all affidavits required by this chapter.
1701
3. The association shall ensure that the information and
1702
records described in paragraph (c), which are not allowed to be
1703
accessible to unit owners, are not posted on the association’s
1704
website or application. If protected information or information
1705
restricted from being accessible to unit owners is included in
1706
documents that are required to be posted on the association’s
1707
website or application, the association shall ensure the
1708
information is redacted before posting the documents.
1709
Notwithstanding the foregoing, the association or its agent is
1710
not liable for disclosing information that is protected or
1711
restricted under this paragraph unless such disclosure was made
1712
with a knowing or intentional disregard of the protected or
1713
restricted nature of such information.
1714
4. The failure of the association to post information
1715
required under subparagraph 2. is not in and of itself
1716
sufficient to invalidate any action or decision of the
1717
association’s board or its committees.
1718
Reviser’s note.—Amended to correct cross-references to conform
1719
to the redesignation of subunits in s. 718.112(2)(d) by s.
1720
8, ch. 2025-175, Laws of Florida.
1721
Section 43. Paragraphs (b) and (d) of subsection (2) of
1722
section 718.112, Florida Statutes, are amended to read:
1723
718.112 Bylaws.—
1724
(2) REQUIRED PROVISIONS.—The bylaws shall provide for the
1725
following and, if they do not do so, shall be deemed to include
1726
the following:
1727
(b) Quorum; voting requirements; proxies.—
1728
1. Unless a lower number is provided in the bylaws, the
1729
percentage of voting interests required to constitute a quorum
1730
at a meeting of the members is a majority of the voting
1731
interests. Unless otherwise provided in this chapter or in the
1732
declaration, articles of incorporation, or bylaws, and except as
1733
provided in subparagraph (d)5. (d)4. , decisions shall be made by
1734
a majority of the voting interests represented at a meeting at
1735
which a quorum is present.
1736
2. Except as specifically otherwise provided herein, unit
1737
owners in a residential condominium may not vote by general
1738
proxy, but may vote by limited proxies substantially conforming
1739
to a limited proxy form adopted by the division. A voting
1740
interest or consent right allocated to a unit owned by the
1741
association may not be exercised or considered for any purpose,
1742
whether for a quorum, an election, or otherwise. Limited proxies
1743
and general proxies may be used to establish a quorum. Limited
1744
proxies shall be used for votes taken to waive or reduce
1745
reserves in accordance with subparagraph (f)2.; for votes taken
1746
to waive the financial reporting requirements of s. 718.111(13);
1747
for votes taken to amend the declaration pursuant to s. 718.110;
1748
for votes taken to amend the articles of incorporation or bylaws
1749
pursuant to this section; and for any other matter for which
1750
this chapter requires or permits a vote of the unit owners.
1751
Except as provided in paragraph (d), a proxy, limited or
1752
general, may not be used in the election of board members in a
1753
residential condominium. General proxies may be used for other
1754
matters for which limited proxies are not required, and may be
1755
used in voting for nonsubstantive changes to items for which a
1756
limited proxy is required and given. Notwithstanding this
1757
subparagraph, unit owners may vote in person at unit owner
1758
meetings. This subparagraph does not limit the use of general
1759
proxies or require the use of limited proxies for any agenda
1760
item or election at any meeting of a timeshare condominium
1761
association or a nonresidential condominium association.
1762
3. A proxy given is effective only for the specific meeting
1763
for which originally given and any lawfully adjourned meetings
1764
thereof. A proxy is not valid longer than 90 days after the date
1765
of the first meeting for which it was given. Each proxy is
1766
revocable at any time at the pleasure of the unit owner
1767
executing it.
1768
4. A member of the board of administration or a committee
1769
may submit in writing his or her agreement or disagreement with
1770
any action taken at a meeting that the member did not attend.
1771
This agreement or disagreement may not be used as a vote for or
1772
against the action taken or to create a quorum.
1773
5. A board meeting may be conducted in person or by video
1774
conference. A board or committee member’s participation in a
1775
meeting via telephone, real-time videoconferencing, or similar
1776
real-time electronic or video communication counts toward a
1777
quorum, and such member may vote as if physically present. A
1778
speaker must be used so that the conversation of such members
1779
may be heard by the board or committee members attending in
1780
person as well as by any unit owners present at a meeting. The
1781
division shall adopt rules pursuant to ss. 120.536 and 120.54
1782
governing the requirements for meetings.
1783
(d) Unit owner meetings.—
1784
1. An annual meeting of the unit owners must be held at the
1785
location provided in the association bylaws and, if the bylaws
1786
are silent as to the location, the meeting must be held within
1787
15 miles of the condominium property or within the same county
1788
as the condominium property. However, such distance requirement
1789
does not apply to an association governing a timeshare
1790
condominium. If a unit owner meeting is conducted via video
1791
conference, a unit owner may vote electronically in the manner
1792
provided in s. 718.128.
1793
2. Unit owner meetings, including the annual meeting of the
1794
unit owners, may be conducted in person or via video conference.
1795
If the annual meeting of the unit owners is conducted via video
1796
conference, a quorum of the members of the board of
1797
administration must be physically present at the physical
1798
location where unit owners can attend the meeting. The location
1799
must be provided in the association bylaws and, if the bylaws
1800
are silent as to the location, the meeting must be held within
1801
15 miles of the condominium property or within the same county
1802
as the condominium property. If the unit owner meeting is
1803
conducted via video conference, the video conference must be
1804
recorded and such recording must be maintained as an official
1805
record of the association. The division shall adopt rules
1806
pursuant to ss. 120.536 and 120.54 governing the requirements
1807
for meetings.
1808
3. Unless the bylaws provide otherwise, a vacancy on the
1809
board caused by the expiration of a director’s term must be
1810
filled by electing a new board member, and the election must be
1811
by secret ballot. An election is not required if the number of
1812
vacancies equals or exceeds the number of candidates. For
1813
purposes of this paragraph, the term “candidate” means an
1814
eligible person who has timely submitted the written notice, as
1815
described in sub-subparagraph 5.a. 4.a. , of his or her intention
1816
to become a candidate. Except in a timeshare or nonresidential
1817
condominium, or if the staggered term of a board member does not
1818
expire until a later annual meeting, or if all members’ terms
1819
would otherwise expire but there are no candidates, the terms of
1820
all board members expire at the annual meeting, and such members
1821
may stand for reelection unless prohibited by the bylaws. Board
1822
members may serve terms longer than 1 year if permitted by the
1823
bylaws or articles of incorporation. A board member may not
1824
serve more than 8 consecutive years unless approved by an
1825
affirmative vote of unit owners representing two-thirds of all
1826
votes cast in the election or unless there are not enough
1827
eligible candidates to fill the vacancies on the board at the
1828
time of the vacancy. Only board service that occurs on or after
1829
July 1, 2018, may be used when calculating a board member’s term
1830
limit. If the number of board members whose terms expire at the
1831
annual meeting equals or exceeds the number of candidates, the
1832
candidates become members of the board effective upon the
1833
adjournment of the annual meeting. Unless the bylaws provide
1834
otherwise, any remaining vacancies shall be filled by the
1835
affirmative vote of the majority of the directors making up the
1836
newly constituted board even if the directors constitute less
1837
than a quorum or there is only one director. In a residential
1838
condominium association of more than 10 units or in a
1839
residential condominium association that does not include
1840
timeshare units or timeshare interests, co-owners of a unit may
1841
not serve as members of the board of directors at the same time
1842
unless they own more than one unit or unless there are not
1843
enough eligible candidates to fill the vacancies on the board at
1844
the time of the vacancy. A unit owner in a residential
1845
condominium desiring to be a candidate for board membership must
1846
comply with sub-subparagraph 5.a. 4.a. and must be eligible to
1847
be a candidate to serve on the board of directors at the time of
1848
the deadline for submitting a notice of intent to run in order
1849
to have his or her name listed as a proper candidate on the
1850
ballot or to serve on the board. A person who has been suspended
1851
or removed by the division under this chapter, or who is
1852
delinquent in the payment of any assessment due to the
1853
association, is not eligible to be a candidate for board
1854
membership and may not be listed on the ballot. For purposes of
1855
this paragraph, a person is delinquent if a payment is not made
1856
by the due date as specifically identified in the declaration of
1857
condominium, bylaws, or articles of incorporation. If a due date
1858
is not specifically identified in the declaration of
1859
condominium, bylaws, or articles of incorporation, the due date
1860
is the first day of the assessment period. A person who has been
1861
convicted of any felony in this state or in a United States
1862
District or Territorial Court, or who has been convicted of any
1863
offense in another jurisdiction which would be considered a
1864
felony if committed in this state, is not eligible for board
1865
membership unless such felon’s civil rights have been restored
1866
for at least 5 years as of the date such person seeks election
1867
to the board. The validity of an action by the board is not
1868
affected if it is later determined that a board member is
1869
ineligible for board membership due to having been convicted of
1870
a felony. This subparagraph does not limit the term of a member
1871
of the board of a nonresidential or timeshare condominium.
1872
4. The bylaws must provide the method of calling meetings
1873
of unit owners, including annual meetings. Written notice of an
1874
annual meeting must include an agenda; be mailed, hand
1875
delivered, or electronically transmitted to each unit owner at
1876
least 14 days before the annual meeting; and be posted in a
1877
conspicuous place on the condominium property or association
1878
property at least 14 continuous days before the annual meeting.
1879
Written notice of a meeting other than an annual meeting must
1880
include an agenda; be mailed, hand delivered, or electronically
1881
transmitted to each unit owner; and be posted in a conspicuous
1882
place on the condominium property or association property within
1883
the timeframe specified in the bylaws. If the bylaws do not
1884
specify a timeframe for written notice of a meeting other than
1885
an annual meeting, notice must be provided at least 14
1886
continuous days before the meeting. Upon notice to the unit
1887
owners, the board shall, by duly adopted rule, designate a
1888
specific location on the condominium property or association
1889
property at which all notices of unit owner meetings must be
1890
posted. This requirement does not apply if there is no
1891
condominium property for posting notices. In addition to the
1892
physical posting of meeting notices, the association may, by
1893
reasonable rule, adopt a procedure for conspicuously posting and
1894
repeatedly broadcasting the notice and the agenda on a closed
1895
circuit cable television system serving the condominium
1896
association. If broadcast notice is provided, the notice and
1897
agenda must be broadcast in a manner and for a sufficient
1898
continuous length of time so as to allow an average reader to
1899
observe the notice and read and comprehend the entire content of
1900
the notice and the agenda. In addition to any of the authorized
1901
means of providing notice of a meeting of the board, the
1902
association may, by rule, adopt a procedure for conspicuously
1903
posting the meeting notice and the agenda on a website serving
1904
the condominium association for at least the minimum period of
1905
time for which a notice of a meeting is also required to be
1906
physically posted on the condominium property. Any rule adopted
1907
shall, in addition to other matters, include a requirement that
1908
the association send an electronic notice in the same manner as
1909
a notice for a meeting of the members, which must include a
1910
hyperlink to the website at which the notice is posted, to unit
1911
owners whose e-mail addresses are included in the association’s
1912
official records. Unless a unit owner waives in writing the
1913
right to receive notice of the annual meeting, such notice must
1914
be hand delivered, mailed, or electronically transmitted to each
1915
unit owner. Notice for meetings and notice for all other
1916
purposes must be mailed to each unit owner at the address last
1917
furnished to the association by the unit owner, or hand
1918
delivered to each unit owner. However, if a unit is owned by
1919
more than one person, the association must provide notice to the
1920
address that the developer identifies for that purpose and
1921
thereafter as one or more of the owners of the unit advise the
1922
association in writing, or if no address is given or the owners
1923
of the unit do not agree, to the address provided on the deed of
1924
record. An officer of the association, or the manager or other
1925
person providing notice of the association meeting, must provide
1926
an affidavit or United States Postal Service certificate of
1927
mailing, to be included in the official records of the
1928
association affirming that the notice was mailed or hand
1929
delivered in accordance with this provision.
1930
5. The members of the board of a residential condominium
1931
shall be elected by written ballot or voting machine. Proxies
1932
may not be used in electing the board in general elections or
1933
elections to fill vacancies caused by recall, resignation, or
1934
otherwise, unless otherwise provided in this chapter. This
1935
subparagraph does not apply to an association governing a
1936
timeshare condominium.
1937
a. At least 60 days before a scheduled election, the
1938
association shall mail, deliver, or electronically transmit, by
1939
separate association mailing or included in another association
1940
mailing, delivery, or transmission, including regularly
1941
published newsletters, to each unit owner entitled to a vote, a
1942
first notice of the date of the election. A unit owner or other
1943
eligible person desiring to be a candidate for the board must
1944
give written notice of his or her intent to be a candidate to
1945
the association at least 40 days before a scheduled election.
1946
Together with the written notice and agenda as set forth in
1947
subparagraph 4. 3. , the association shall mail, deliver, or
1948
electronically transmit a second notice of the election to all
1949
unit owners entitled to vote, together with a ballot that lists
1950
all candidates not less than 14 days or more than 34 days before
1951
the date of the election. Upon request of a candidate, an
1952
information sheet, no larger than 8 1/2 inches by 11 inches,
1953
which must be furnished by the candidate at least 35 days before
1954
the election, must be included with the mailing, delivery, or
1955
transmission of the ballot, with the costs of mailing, delivery,
1956
or electronic transmission and copying to be borne by the
1957
association. The association is not liable for the contents of
1958
the information sheets prepared by the candidates. In order to
1959
reduce costs, the association may print or duplicate the
1960
information sheets on both sides of the paper. The division
1961
shall by rule establish voting procedures consistent with this
1962
sub-subparagraph, including rules establishing procedures for
1963
giving notice by electronic transmission and rules providing for
1964
the secrecy of ballots. Elections shall be decided by a
1965
plurality of ballots cast. There is no quorum requirement;
1966
however, at least 20 percent of the eligible voters must cast a
1967
ballot in order to have a valid election. A unit owner may not
1968
authorize any other person to vote his or her ballot, and any
1969
ballots improperly cast are invalid. A unit owner who violates
1970
this provision may be fined by the association in accordance
1971
with s. 718.303. A unit owner who needs assistance in casting
1972
the ballot for the reasons stated in s. 101.051 may obtain such
1973
assistance. The regular election must occur on the date of the
1974
annual meeting. Notwithstanding this sub-subparagraph, an
1975
election is not required unless more candidates file notices of
1976
intent to run or are nominated than board vacancies exist.
1977
b. A director of a board of an association of a residential
1978
condominium shall:
1979
(I) Certify in writing to the secretary of the association
1980
that he or she has read the association’s declaration of
1981
condominium, articles of incorporation, bylaws, and current
1982
written policies; that he or she will work to uphold such
1983
documents and policies to the best of his or her ability; and
1984
that he or she will faithfully discharge his or her fiduciary
1985
responsibility to the association’s members.
1986
(II) Submit to the secretary of the association a
1987
certificate of having satisfactorily completed the educational
1988
curriculum administered by the division or a division-approved
1989
condominium education provider. The educational curriculum must
1990
be at least 4 hours long and include instruction on milestone
1991
inspections, structural integrity reserve studies, elections,
1992
recordkeeping, financial literacy and transparency, levying of
1993
fines, and notice and meeting requirements.
1995
Each newly elected or appointed director must submit to the
1996
secretary of the association the written certification and
1997
educational certificate within 1 year before being elected or
1998
appointed or 90 days after the date of election or appointment.
1999
A director of an association of a residential condominium who
2000
was elected or appointed before July 1, 2024, must comply with
2001
the written certification and educational certificate
2002
requirements in this sub-subparagraph by June 30, 2025. The
2003
written certification and educational certificate is valid for 7
2004
years after the date of issuance and does not have to be
2005
resubmitted as long as the director serves on the board without
2006
interruption during the 7-year period. A director who is
2007
appointed by the developer may satisfy the educational
2008
certificate requirement in sub-sub-subparagraph (II) for any
2009
subsequent appointment to a board by a developer within 7 years
2010
after the date of issuance of the most recent educational
2011
certificate, including any interruption of service on a board or
2012
appointment to a board in another association within that 7-year
2013
period. One year after submission of the most recent written
2014
certification and educational certificate, and annually
2015
thereafter, a director of an association of a residential
2016
condominium must submit to the secretary of the association a
2017
certificate of having satisfactorily completed at least 1 hour
2018
of continuing education administered by the division, or a
2019
division-approved condominium education provider, relating to
2020
any recent changes to this chapter and the related
2021
administrative rules during the past year. A director of an
2022
association of a residential condominium who fails to timely
2023
file the written certification and educational certificate is
2024
suspended from service on the board until he or she complies
2025
with this sub-subparagraph. The board may temporarily fill the
2026
vacancy during the period of suspension. The secretary shall
2027
cause the association to retain a director’s written
2028
certification and educational certificate for inspection by the
2029
members for 7 years after a director’s election or the duration
2030
of the director’s uninterrupted tenure, whichever is longer.
2031
Failure to have such written certification and educational
2032
certificate on file does not affect the validity of any board
2033
action.
2034
c. Any challenge to the election process must be commenced
2035
within 60 days after the election results are announced.
2036
6. Any approval by unit owners called for by this chapter
2037
or the applicable declaration or bylaws, including, but not
2038
limited to, the approval requirement in s. 718.111(8), must be
2039
made at a duly noticed meeting of unit owners and is subject to
2040
all requirements of this chapter or the applicable condominium
2041
documents relating to unit owner decisionmaking, except that
2042
unit owners may take action by written agreement, without
2043
meetings, on matters for which action by written agreement
2044
without meetings is expressly allowed by the applicable bylaws
2045
or declaration or any law that provides for such action.
2046
7. Unit owners may waive notice of specific meetings if
2047
allowed by the applicable bylaws or declaration or any law.
2048
Notice of meetings of the board of administration; unit owner
2049
meetings, except unit owner meetings called to recall board
2050
members under paragraph (l); and committee meetings may be given
2051
by electronic transmission to unit owners who consent to receive
2052
notice by electronic transmission. A unit owner who consents to
2053
receiving notices by electronic transmission is solely
2054
responsible for removing or bypassing filters that block receipt
2055
of mass e-mails sent to members on behalf of the association in
2056
the course of giving electronic notices.
2057
8. Unit owners have the right to participate in meetings of
2058
unit owners with reference to all designated agenda items.
2059
However, the association may adopt reasonable rules governing
2060
the frequency, duration, and manner of unit owner participation.
2061
9. A unit owner may tape record or videotape a meeting of
2062
the unit owners subject to reasonable rules adopted by the
2063
division.
2064
10. Unless otherwise provided in the bylaws, any vacancy
2065
occurring on the board before the expiration of a term may be
2066
filled by the affirmative vote of the majority of the remaining
2067
directors, even if the remaining directors constitute less than
2068
a quorum, or by the sole remaining director. In the alternative,
2069
a board may hold an election to fill the vacancy, in which case
2070
the election procedures must conform to sub-subparagraph 5.a.
2071
4.a. unless the association governs 10 units or fewer and has
2072
opted out of the statutory election process, in which case the
2073
bylaws of the association control. Unless otherwise provided in
2074
the bylaws, a board member appointed or elected under this
2075
section shall fill the vacancy for the unexpired term of the
2076
seat being filled. Filling vacancies created by recall is
2077
governed by paragraph (l) and rules adopted by the division.
2078
11. This chapter does not limit the use of general or
2079
limited proxies, require the use of general or limited proxies,
2080
or require the use of a written ballot or voting machine for any
2081
agenda item or election at any meeting of a timeshare
2082
condominium association or nonresidential condominium
2083
association.
2085
Notwithstanding subparagraph (b)2. and sub-subparagraph 5.a.
2086
4.a. , an association of 10 or fewer units may, by affirmative
2087
vote of a majority of the total voting interests, provide for
2088
different voting and election procedures in its bylaws, which
2089
may be by a proxy specifically delineating the different voting
2090
and election procedures. The different voting and election
2091
procedures may provide for elections to be conducted by limited
2092
or general proxy.
2093
Reviser’s note.—Amended to correct cross-references to conform
2094
to the redesignation of subunits in paragraph (2)(d) by s.
2095
8, ch. 2025-175, Laws of Florida.
2096
Section 44. Paragraph (c) of subsection (2) of section
2097
718.501, Florida Statutes, is amended to read:
2098
718.501 Authority, responsibility, and duties of Division
2099
of Florida Condominiums, Timeshares, and Mobile Homes.—
2100
(2)
2101
(c) On the certification form provided by the division, the
2102
directors of the association shall certify that each director of
2103
the association has completed the written certification and
2104
educational certificate requirements in s. 718.112(2)(d)5.b. s.
2105
718.112(2)(d)4.b. This certification requirement does not apply
2106
to the directors of an association governing a timeshare
2107
condominium.
2108
Reviser’s note.—Amended to correct a cross-reference to conform
2109
to the redesignation of subunits in s. 718.112(2)(d) by s.
2110
8, ch. 2025-175, Laws of Florida.
2111
Section 45. Paragraph (d) of subsection (1) and paragraph
2112
(e) of subsection (2) of section 718.503, Florida Statutes, are
2113
amended to read:
2114
718.503 Developer disclosure prior to sale; nondeveloper
2115
unit owner disclosure prior to sale; voidability.—
2116
(1) DEVELOPER DISCLOSURE.—
2117
(d) Milestone inspection, turnover inspection report, or
2118
structural integrity reserve study.—If the association is
2119
required to have completed a milestone inspection as described
2120
in s. 553.899, a turnover inspection report for a turnover
2121
inspection performed on or after July 1, 2023, or a structural
2122
integrity reserve study, and the association has not completed
2123
the milestone inspection, the turnover inspection report, or the
2124
structural integrity reserve study, each contract entered into
2125
after December 31, 2024, for the sale of a residential unit
2126
shall contain in conspicuous type a statement indicating that
2127
the association is required to have a milestone inspection, a
2128
turnover inspection report, or a structural integrity reserve
2129
study and has not completed such inspection, report, or study,
2130
as appropriate. If the association is not required to have a
2131
milestone inspection as described in s. 553.899 or a structural
2132
integrity reserve study, each contract entered into after
2133
December 31, 2024, for the sale of a residential unit shall
2134
contain in conspicuous type a statement indicating that the
2135
association is not required to have a milestone inspection or a
2136
structural integrity reserve study, as appropriate. If the
2137
association has completed a milestone inspection as described in
2138
s. 553.899, a turnover inspection report for a turnover
2139
inspection performed on or after July 1, 2023, or a structural
2140
integrity reserve study, each contract entered into after
2141
December 31, 2024, for the sale of a residential unit shall
2142
contain in conspicuous type:
2143
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2144
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
2145
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2146
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2147
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2148
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2149
COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
2150
RESERVE STUDY DESCRIBED IN SECTIONS 718.103(28) 718.103(26) AND
2151
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
2152
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
2153
EXECUTION OF THIS CONTRACT; and
2154
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2155
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
2156
CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2157
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2158
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
2159
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2160
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2161
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2162
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2163
COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
2164
RESERVE STUDY DESCRIBED IN SECTIONS 718.103(28) 718.103(26) AND
2165
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
2166
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2167
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
2168
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2169
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2170
SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2171
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
2172
INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
2173
FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
2174
STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
2175
718.103(28) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF
2176
REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
2177
TERMINATE AT CLOSING.
2179
A contract that does not conform to the requirements of this
2180
paragraph is voidable at the option of the purchaser before
2181
closing.
2182
(2) NONDEVELOPER DISCLOSURE.—
2183
(e) If the association is required to have completed a
2184
milestone inspection as described in s. 553.899, a turnover
2185
inspection report for a turnover inspection performed on or
2186
after July 1, 2023, or a structural integrity reserve study, and
2187
the association has not completed the milestone inspection, the
2188
turnover inspection report, or the structural integrity reserve
2189
study, each contract entered into after December 31, 2024, for
2190
the sale of a residential unit shall contain in conspicuous type
2191
a statement indicating that the association is required to have
2192
a milestone inspection, a turnover inspection report, or a
2193
structural integrity reserve study and has not completed such
2194
inspection, report, or study, as appropriate. If the association
2195
is not required to have a milestone inspection as described in
2196
s. 553.899 or a structural integrity reserve study, each
2197
contract entered into after December 31, 2024, for the sale of a
2198
residential unit shall contain in conspicuous type a statement
2199
indicating that the association is not required to have a
2200
milestone inspection or a structural integrity reserve study, as
2201
appropriate. If the association has completed a milestone
2202
inspection as described in s. 553.899, a turnover inspection
2203
report for a turnover inspection performed on or after July 1,
2204
2023, or a structural integrity reserve study, each contract
2205
entered into after December 31, 2024, for the resale of a
2206
residential unit shall contain in conspicuous type:
2207
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2208
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
2209
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2210
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2211
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2212
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2213
COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
2214
RESERVE STUDY DESCRIBED IN SECTIONS 718.103(28) 718.103(26) AND
2215
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7
2216
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
2217
EXECUTION OF THIS CONTRACT; and
2218
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2219
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
2220
CANCEL WITHIN 7 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2221
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2222
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
2223
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2224
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2225
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2226
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2227
COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
2228
RESERVE STUDY DESCRIBED IN SECTIONS 718.103(28) 718.103(26) AND
2229
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
2230
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2231
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
2232
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2233
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2234
SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2235
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
2236
INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
2237
FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
2238
STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
2239
718.103(28) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF
2240
REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
2241
TERMINATE AT CLOSING.
2243
A contract that does not conform to the requirements of this
2244
paragraph is voidable at the option of the purchaser before
2245
closing.
2246
Reviser’s note.—Amended to correct a cross-reference to conform
2247
to the redesignation of subunits in s. 718.103 by s. 5, ch.
2248
2024-244, Laws of Florida.
2249
Section 46. Paragraph (j) of subsection (1) of section
2250
719.106, Florida Statutes, is amended to read:
2251
719.106 Bylaws; cooperative ownership.—
2252
(1) MANDATORY PROVISIONS.—The bylaws or other cooperative
2253
documents shall provide for the following, and if they do not,
2254
they shall be deemed to include the following:
2255
(j) Annual budget.—
2256
1. The proposed annual budget of common expenses must be
2257
detailed and must show the amounts budgeted by accounts and
2258
expense classifications, including, if applicable, but not
2259
limited to, those expenses listed in s. 719.504(20). The board
2260
of administration shall adopt the annual budget at least 14 days
2261
before the start of the association’s fiscal year. In the event
2262
that the board fails to timely adopt the annual budget a second
2263
time, it is deemed a minor violation and the prior year’s budget
2264
shall continue in effect until a new budget is adopted.
2265
2.a. In addition to annual operating expenses, the budget
2266
must include reserve accounts for capital expenditures and
2267
deferred maintenance. These accounts must include, but not be
2268
limited to, roof replacement, building painting, and pavement
2269
resurfacing, regardless of the amount of deferred maintenance
2270
expense or replacement cost, and for any other items for which
2271
the deferred maintenance expense or replacement cost exceeds
2272
$25,000 or the inflation-adjusted amount determined by the
2273
division under subparagraph 6., whichever amount is greater. The
2274
amount to be reserved must be computed by means of a formula
2275
which is based upon estimated remaining useful life and
2276
estimated replacement cost or deferred maintenance expense of
2277
the reserve item. In a budget adopted by an association that is
2278
required to obtain a structural integrity reserve study,
2279
reserves must be maintained for the items identified in
2280
paragraph (k) for which the association is responsible pursuant
2281
to the declaration, and the reserve amount for such items must
2282
be based on the findings and recommendations of the
2283
association’s most recent structural integrity reserve study.
2284
With respect to items for which an estimate of useful life is
2285
not readily ascertainable or with an estimated remaining useful
2286
life of greater than 25 years, an association is not required to
2287
reserve replacement costs for such items, but an association
2288
must reserve the amount of deferred maintenance expense, if any,
2289
which is recommended by the structural integrity reserve study
2290
for such items. The association may adjust replacement reserve
2291
assessments annually to take into account an inflation
2292
adjustment and any changes in estimates or extension of the
2293
useful life of a reserve item caused by deferred maintenance.
2294
b. The members of a unit-owner-controlled association may
2295
determine, by a majority vote of the total voting interests of
2296
the association, for a fiscal year to provide no reserves or
2297
reserves less adequate than required by this subsection. Before
2298
turnover of control of an association by a developer to unit
2299
owners other than a developer under s. 719.301, the developer
2300
controlled association may not vote to waive the reserves or
2301
reduce funding of the reserves.
2302
c. For a budget adopted on or after December 31, 2024, a
2303
unit-owner-controlled association that must obtain a structural
2304
integrity reserve study may not determine to provide no reserves
2305
or reserves less adequate than required by this paragraph for
2306
items listed in paragraph (k). If a meeting of the unit owners
2307
has been called to determine to provide no reserves, or reserves
2308
less adequate than required, and such result is not attained or
2309
a quorum is not attained, the reserves as included in the budget
2310
shall go into effect.
2311
d. If the local building official as defined in s. 468.603,
2312
determines that the entire cooperative building is uninhabitable
2313
due to a natural emergency as defined in s. 252.34, the board
2314
may pause the contribution to its reserves or reduce reserve
2315
funding until the local building official determines that the
2316
cooperative building is habitable. Any reserve account funds
2317
held by the association may be expended, pursuant to the board’s
2318
determination, to make the cooperative building and its
2319
structures habitable. Upon the determination by the local
2320
building official that the cooperative building is habitable,
2321
the association must immediately resume contributing funds to
2322
its reserves.
2323
3.a.(I) Reserves for the items identified in paragraph (k)
2324
(g) may be funded by regular assessments, special assessments,
2325
lines of credit, or loans. A special assessment, a line of
2326
credit, or a loan under this sub-subparagraph requires the
2327
approval of a majority vote of the total voting interests of the
2328
association.
2329
(II) A unit-owner-controlled association that is required
2330
to have a structural reserve study may secure a line of credit
2331
or a loan to fund capital expenses required by a milestone
2332
inspection under s. 553.899 or a structural integrity reserve
2333
study. The lines of credit or loans must be sufficient to fund
2334
the cumulative amount of any previously waived or unfunded
2335
portion of the reserve funding amount required by this paragraph
2336
and the most recent structural integrity reserve study. Funding
2337
from the line of credit or loans must be immediately available
2338
for access by the board to fund required repair, maintenance, or
2339
replacement expenses without further approval by the members of
2340
the association. A special assessment, a line of credit, or a
2341
loan secured under this sub-subparagraph and related details
2342
must be included in the annual financial statement required
2343
under s. 719.104(4) to be delivered to unit owners and required
2344
under s. 719.503 s. 718.503 to be provided to prospective
2345
purchasers of a unit.
2346
b. For a budget adopted on or before December 31, 2028, if
2347
the association has completed a milestone inspection pursuant to
2348
s. 553.899 within the previous 2 calendar years, the board, upon
2349
the approval of a majority of the total voting interests of the
2350
association, may temporarily pause, for a period of no more than
2351
two consecutive annual budgets, reserve fund contributions or
2352
reduce the amount of reserve funding for the purpose of funding
2353
repairs recommended by the milestone inspection. This sub
2354
subparagraph does not apply to a developer-controlled
2355
association and an association in which the nondeveloper unit
2356
owners have been in control for less than 1 year. An association
2357
that has paused reserve contributions under this sub
2358
subparagraph must have a structural integrity reserve study
2359
performed before the continuation of reserve contributions in
2360
order to determine the association’s reserve funding needs and
2361
to recommend a reserve funding plan.
2362
4. Reserve funds and any interest accruing thereon shall
2363
remain in the reserve account or accounts, and shall be used
2364
only for authorized reserve expenditures unless their use for
2365
other purposes is approved in advance by a vote of the majority
2366
of the total voting interests of the association. Before
2367
turnover of control of an association by a developer to unit
2368
owners other than the developer under s. 719.301, the developer
2369
may not vote to use reserves for purposes other than that for
2370
which they were intended. For a budget adopted on or after
2371
December 31, 2024, members of a unit-owner-controlled
2372
association that must obtain a structural integrity reserve
2373
study may not vote to use reserve funds, or any interest
2374
accruing thereon, for purposes other than the replacement or
2375
deferred maintenance costs of the components listed in paragraph
2376
(k).
2377
5. An association’s reserve accounts may be pooled for two
2378
or more required components. Reserve funding for components
2379
identified in paragraph (k) (g) may only be pooled with other
2380
components identified in paragraph (k) (g) . The reserve funding
2381
indicated in the proposed annual budget must be sufficient to
2382
ensure that available funds meet or exceed projected expenses
2383
for all components in the reserve pool based on the reserve
2384
funding plan or schedule of the most recent structural integrity
2385
reserve study. A vote of the members is not required for the
2386
board to change the accounting method for reserves to a pooling
2387
accounting method or a straight-line accounting method.
2388
6. The division shall annually adjust for inflation, based
2389
on the Consumer Price Index for All Urban Consumers released in
2390
January of each year, the minimum $25,000 threshold amount for
2391
required reserves. By February 1, 2026, and annually thereafter,
2392
the division must conspicuously post on its website the
2393
inflation-adjusted minimum threshold amount for required
2394
reserves.
2395
Reviser’s note.—Amended to correct cross-references to conform
2396
to context. Paragraph (g) relates to common expenses;
2397
paragraph (k) requires structural integrity reserve
2398
studies. Section 718.503 relates to disclosure prior to
2399
sale of residential condominiums; s. 719.503 relates to
2400
disclosure prior to sale of residential cooperatives.
2401
Section 47. Paragraph (b) of subsection (4) of section
2402
720.303, Florida Statutes, is amended to read:
2403
720.303 Association powers and duties; meetings of board;
2404
official records; budgets; financial reporting; association
2405
funds; recalls.—
2406
(4) OFFICIAL RECORDS.—
2407
(b)1. By January 1, 2025, an association that has 100 or
2408
more parcels shall post the following documents on its website
2409
or make available such documents through an application that can
2410
be downloaded on a mobile device:
2411
a. The articles of incorporation of the association and
2412
each amendment thereto.
2413
b. The recorded bylaws of the association and each
2414
amendment thereto.
2415
c. The declaration of covenants and a copy of each
2416
amendment thereto.
2417
d. The current rules of the association.
2418
e. A list of all current executory contracts or documents
2419
to which the association is a party or under which the
2420
association or the parcel owners have an obligation or
2421
responsibility and, after bidding for the related materials,
2422
equipment, or services has closed, a list of bids received by
2423
the association within the past year.
2424
f. The annual budget required by subsection (6) and any
2425
proposed budget to be considered at the annual meeting.
2426
g. The financial report required by subsection (7) and any
2427
monthly income or expense statement to be considered at a
2428
meeting.
2429
h. The association’s current insurance policies.
2430
i. The certification of each director as required by s.
2431
720.3033(1)(a).
2432
j. All contracts or transactions between the association
2433
and any director, officer, corporation, firm, or association
2434
that is not an affiliated homeowners’ association or any other
2435
entity in which a director of an association is also a director
2436
or an officer and has a financial interest.
2437
k. Any contract or document regarding a conflict of
2438
interest or possible conflict of interest as provided in ss.
2439
468.436(2)(b)6. and 720.3033(2).
2440
l. Notice of any scheduled meeting of members and the
2441
agenda for the meeting, as required by s. 720.306, at least 14
2442
days before such meeting. The notice must be posted in plain
2443
view on the homepage of the website or application, or on a
2444
separate subpage of the website or application labeled “Notices”
2445
which is conspicuously visible and linked from the homepage. The
2446
association shall also post on its website or application any
2447
document to be considered and voted on by the members during the
2448
meeting or any document listed on the meeting agenda at least 7
2449
days before the meeting at which such document or information
2450
within the document will be considered.
2451
m. Notice of any board meeting, the agenda, and any other
2452
document required for such meeting as required by subsection (2)
2453
(3) , which must be posted on the website or application no later
2454
than the date required for notice under subsection (2) (3) .
2455
2. The association’s website or application must be
2456
accessible through the Internet and must contain a subpage, web
2457
portal, or other protected electronic location that is
2458
inaccessible to the general public and accessible only to parcel
2459
owners and employees of the association.
2460
3. Upon written request by a parcel owner, the association
2461
must provide the parcel owner with a username and password and
2462
access to the protected sections of the association’s website or
2463
application which contains the official documents of the
2464
association.
2465
4. The association shall ensure that the information and
2466
records described in paragraph (5)(g), which are not allowed to
2467
be accessible to parcel owners, are not posted on the
2468
association’s website or application. If protected information
2469
or information restricted from being accessible to parcel owners
2470
is included in documents that are required to be posted on the
2471
association’s website or application, the association must
2472
ensure the information is redacted before posting the documents.
2473
Notwithstanding the foregoing, the association or its authorized
2474
agent is not liable for disclosing information that is protected
2475
or restricted under paragraph (5)(g) unless such disclosure was
2476
made with a knowing or intentional disregard of the protected or
2477
restricted nature of such information.
2478
Reviser’s note.—Amended to correct a cross-reference to conform
2479
to the fact that notice requirements are referenced in
2480
subsection (2). Subsection (3) relates to minutes of
2481
meetings.
2482
Section 48. Paragraph (c) of subsection (1) of section
2483
782.071, Florida Statutes, is amended to read:
2484
782.071 Vehicular homicide.—“Vehicular homicide” is the
2485
killing of a human being, or the killing of an unborn child by
2486
any injury to the mother, caused by the operation of a motor
2487
vehicle by another in a reckless manner likely to cause the
2488
death of, or great bodily harm to, another.
2489
(1) Vehicular homicide is:
2490
(c) A felony of the first degree, punishable as provided in
2491
s. 775.082, s. 775.083, or s. 775.084, if the person has a prior
2492
conviction under this section, s. 316.193(3)(c)3., s.
2493
327.35(3)(a)3.c. s. 327.35(3)(c)3. , or s. 782.072.
2494
Reviser’s note.—Amended to confirm an editorial substitution to
2495
conform to the redesignation of subunits in s. 327.35(3) by
2496
s. 6, ch. 2025-197, Laws of Florida.
2497
Section 49. Subsection (3) of section 782.072, Florida
2498
Statutes, is amended to read:
2499
782.072 Vessel homicide.—
2500
(3) A felony of the first degree, punishable as provided in
2501
s. 775.082, s. 775.083, or s. 775.084, if the person has a prior
2502
conviction under this section, s. 316.193(3)(c)3., s.
2503
327.35(3)(a)3.c. s. 327.35(3)(c)3. , or s. 782.071.
2504
Reviser’s note.—Amended to confirm an editorial substitution to
2505
conform to the redesignation of subunits in s. 327.35(3) by
2506
s. 6, ch. 2025-197, Laws of Florida.
2507
Section 50. Paragraphs (b) and (c) of subsection (1) of
2508
section 790.052, Florida Statutes, are amended to read:
2509
790.052 Carrying of concealed firearms by ; off-duty law
2510
enforcement officers , correctional officers, and correctional
2511
probation officers .—
2512
(1)
2513
(b) All persons holding an active certification from the
2514
Criminal Justice Standards and Training Commission as a law
2515
enforcement officers officer , a correctional officers officer ,
2516
or a correctional probation officers officer as defined in s.
2517
943.10(1), (2), (3), (6), (7), (8), or (9) meet the definition
2518
of “qualified law enforcement officer” in 18 U.S.C. s. 926B(c).
2519
(c) All persons who held an active certification from the
2520
Criminal Justice Standards and Training Commission as a law
2521
enforcement officers officer , correctional officers officer , or
2522
correctional probation officers officer as defined in s.
2523
943.10(1), (2), (3), (6), (7), (8), or (9), while working for an
2524
employing agency, as defined in s. 943.10(4), but have separated
2525
from service under the conditions set forth in 18 U.S.C. s.
2526
926C(c), meet the definition of “qualified retired law
2527
enforcement officer.”
2528
Reviser’s note.—Amended to provide contextual consistency and
2529
conform to context.
2530
Section 51. Paragraph (c) of subsection (4) of section
2531
823.11, Florida Statutes, is amended to read:
2532
823.11 Derelict and migrant vessels; relocation or removal;
2533
penalty.—
2534
(4)
2535
(c) The commission may establish a program to provide
2536
grants to local governments for the removal, storage,
2537
destruction, and disposal of derelict vessels or migrant vessels
2538
from the waters of this state. This grant funding may also be
2539
used for the removal, storage, destruction, and disposal of
2540
vessels declared a public nuisance pursuant to s. 327.73(1)(aa)
2541
or the derelict vessel prevention program established pursuant
2542
to s. 327.4107(6) s. 327.4107(7) . The program must be funded
2543
from the Marine Resources Conservation Trust Fund or the Florida
2544
Coastal Protection Trust Fund. Notwithstanding s. 216.181(11),
2545
funds available for these grants may only be authorized by
2546
appropriations acts of the Legislature. In a given fiscal year,
2547
if all funds appropriated pursuant to this paragraph are not
2548
requested by and granted to local governments for the removal,
2549
storage, destruction, and disposal of derelict vessels, migrant
2550
vessels, or vessels declared a public nuisance pursuant to s.
2551
327.73(1)(aa) by the end of the third quarter, the Fish and
2552
Wildlife Conservation Commission may use the remainder of the
2553
funds to remove, store, destroy, and dispose of, or to pay
2554
private contractors to remove, store, destroy, and dispose of,
2555
derelict vessels, migrant vessels, or vessels declared a public
2556
nuisance pursuant to s. 327.73(1)(aa). The commission shall
2557
adopt by rule procedures for local governments to submit a grant
2558
application and criteria for allocating available funds. Such
2559
criteria must include, at a minimum, all of the following:
2560
1. The number of derelict vessels and migrant vessels
2561
within the jurisdiction of the applicant.
2562
2. The threat posed by such vessels to public health or
2563
safety, the environment, navigation, or the aesthetic condition
2564
of the general vicinity.
2565
3. The degree of commitment of the local government to
2566
maintain waters free of abandoned, derelict, and migrant vessels
2567
and to seek legal action against those who abandon vessels in
2568
the waters of this state as defined in s. 327.02.
2569
Reviser’s note.—Amended to correct a cross-reference to conform
2570
to the redesignation of subunits in s. 327.4107 by s. 2,
2571
ch. 2025-147, Laws of Florida.
2572
Section 52. Paragraph (f) of subsection (8) of section
2573
836.13, Florida Statutes, is amended to read:
2574
836.13 Altered sexual depictions; prohibited acts;
2575
penalties; applicability.—
2576
(8)
2577
(f) In addition to the remedies under subsection (7) (5) , a
2578
failure to reasonably comply with the notice and removal
2579
obligations under this subsection shall be treated as an unfair
2580
or a deceptive act or practice under part II of chapter 501, and
2581
the person or entity responsible shall be subject to the
2582
penalties and remedies provided in part II of chapter 501.
2583
Reviser’s note.—Amended to confirm an editorial substitution to
2584
conform to the redesignation of subunits by s. 3, ch. 2025
2585
99, Laws of Florida.
2586
Section 53. Paragraph (b) of subsection (4) of section
2587
893.03, Florida Statutes, is amended to read:
2588
893.03 Standards and schedules.—The substances enumerated
2589
in this section are controlled by this chapter. The controlled
2590
substances listed or to be listed in Schedules I, II, III, IV,
2591
and V are included by whatever official, common, usual,
2592
chemical, trade name, or class designated. The provisions of
2593
this section shall not be construed to include within any of the
2594
schedules contained in this section any excluded drugs listed
2595
within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
2596
Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
2597
Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
2598
Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
2599
Anabolic Steroid Products.”
2600
(4) SCHEDULE IV.—
2601
(b) Unless specifically excepted or unless listed in
2602
another schedule, any material, compound, mixture, or
2603
preparation which contains any quantity of the following
2604
substances, including its salts, isomers, and salts of isomers
2605
whenever the existence of such salts, isomers, and salts of
2606
isomers is possible within the specific chemical designation,
2607
are controlled in Schedule IV:
2608
1. Alfaxalone.
2609
2. Alprazolam.
2610
3. Barbital.
2611
4. Bromazepam.
2612
5. Butorphanol tartrate.
2613
6. Camazepam.
2614
7. Carisoprodol.
2615
8. Cathine.
2616
9. Chloral betaine.
2617
10. Chloral hydrate.
2618
11. Chlordiazepoxide.
2619
12. Clobazam.
2620
13. Clonazepam.
2621
14. Clorazepate.
2622
15. Clotiazepam.
2623
16. Cloxazolam.
2624
17. Dexfenfluramine.
2625
18. Delorazepam.
2626
19. Dichloralphenazone.
2627
20. Diazepam.
2628
21. Diethylpropion.
2629
22. Eluxadoline.
2630
23. Estazolam.
2631
24. Eszopiclone.
2632
25. Ethchlorvynol.
2633
26. Ethinamate.
2634
27. Ethyl loflazepate.
2635
28. Fencamfamin.
2636
29. Fenfluramine.
2637
30. Fenproporex.
2638
30. 31. Fludiazepam.
2639
31. 32. Flurazepam.
2640
32. 33. Fospropofol.
2641
33. 34. Halazepam.
2642
34. 35. Haloxazolam.
2643
35. 36. Ketazolam.
2644
36. 37. Loprazolam.
2645
37. 38. Lorazepam.
2646
38. 39. Lorcaserin.
2647
39. 40. Lormetazepam.
2648
40. 41. Mazindol.
2649
41. 42. Mebutamate.
2650
42. 43. Medazepam.
2651
43. 44. Mefenorex.
2652
44. 45. Meprobamate.
2653
45. 46. Methohexital.
2654
46. 47. Methylphenobarbital.
2655
47. 48. Midazolam.
2656
48. 49. Modafinil.
2657
49. 50. Nimetazepam.
2658
50. 51. Nitrazepam.
2659
51. 52. Nordiazepam.
2660
52. 53. Oxazepam.
2661
53. 54. Oxazolam.
2662
54. 55. Paraldehyde.
2663
55. 56. Pemoline.
2664
56. 57. Pentazocine.
2665
57. 58. Petrichloral.
2666
58. 59. Phenobarbital.
2667
59. 60. Phentermine.
2668
60. 61. Pinazepam.
2669
61. 62. Pipradrol.
2670
62. 63. Prazepam.
2671
63. 64. Propoxyphene (dosage forms).
2672
64. 65. Propylhexedrine, excluding any patent or proprietary
2673
preparation containing propylhexedrine, unless otherwise
2674
provided by federal law.
2675
65. 66. Quazepam.
2676
66. 67. Sibutramine.
2677
67. 68. SPA[(-)-1 dimethylamino-1, 2 diphenylethane].
2678
68. 69. Suvorexant.
2679
69. 70. Temazepam.
2680
70. 71. Tetrazepam.
2681
71. 72. Tramadol.
2682
72. 73. Triazolam.
2683
73. 74. Zaleplon.
2684
74. 75. Zolpidem.
2685
75. 76. Zopiclone.
2686
76. 77. Not more than 1 milligram of difenoxin and not less
2687
than 25 micrograms of atropine sulfate per dosage unit.
2688
Reviser’s note.—Amended to conform to s. 5, ch. 97-1, Laws of
2689
Florida, which repealed paragraph (4)(w), redesignated as
2690
subparagraph (4)(b)29. by s. 8, ch. 2018-3, Laws of
2691
Florida, effective upon the removal of fenfluramine from
2692
the schedules of controlled substances in 21 C.F.R. s.
2693
1308. The Drug Enforcement Administration, United States
2694
Department of Justice, in FR Doc. 2022-27400, filed
2695
December 22, 2022, issued a final rule removing
2696
fenfluramine from the schedules of the Controlled
2697
Substances Act, effective December 23, 2022.
2698
Section 54. Subsection (1) of section 914.27, Florida
2699
Statutes, is amended to read:
2700
914.27 Confidentiality of victim and witness information.—
2701
(1) Information held by any state or local law enforcement
2702
agency, any state attorney, the statewide prosecutor, or the
2703
Department of Law Enforcement which discloses:
2704
(a) The identity or location of a victim or witness who has
2705
been identified or certified for protective or relocation
2706
services pursuant to s. 914.25;
2707
(b) The identity or location of an immediate family member
2708
of a victim or witness who has been identified or certified
2709
pursuant to s. 914.25;
2710
(c) Relocation sites, techniques, or procedures utilized or
2711
developed as a result of the victim and witness protective
2712
services afforded by s. 914.25; or
2713
(d) The identity or relocation site of any victim, witness,
2714
or immediate family member of a victim or witness who has made a
2715
relocation of permanent residence by reason of the victim’s or
2716
witness’s involvement in the investigation or prosecution giving
2717
rise to certification for protective or relocation services
2718
pursuant to s. 914.25;
2720
is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
2721
I of the State Constitution. Such information may be shared by
2722
law enforcement agencies, state attorneys, and the statewide
2723
prosecutor to facilitate the protective or relocation services
2724
provided pursuant to s. 914.25 and to support the prosecution
2725
efforts of the state attorneys and the statewide prosecutor. Any
2726
information so shared must remain confidential and exempt in the
2727
hands of any agency or entity to which the information is
2728
provided.
2729
Reviser’s note.—Amended to confirm an editorial insertion to
2730
improve clarity.
2731
Section 55. Paragraph (c) of subsection (1) of section
2732
916.111, Florida Statutes, is amended to read:
2733
916.111 Training of mental health experts.—The evaluation
2734
of defendants for competency to proceed or for sanity at the
2735
time of the commission of the offense shall be conducted in such
2736
a way as to ensure uniform application of the criteria
2737
enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal
2738
Procedure. The department shall develop, and may contract with
2739
accredited institutions:
2740
(1) To provide:
2741
(c) Training for mental health professionals in the
2742
application of these protocols and procedures in performing
2743
forensic evaluations and providing reports to the courts.
2744
Training must include, but is not limited to, information on
2745
statutes and rules related to competency restoration, evidence
2746
based practices, and least restrictive treatment alternatives
2747
and placement options as described in s. 916.12(4)(c); and
2748
Reviser’s note.—Amended to improve clarity and facilitate
2749
correct interpretation. Section 916.12(4)(c) references
2750
both treatment alternatives and placement options.
2751
Section 56. Paragraph (a) of subsection (1) of section
2752
916.115, Florida Statutes, is amended to read:
2753
916.115 Appointment of experts.—
2754
(1) The court shall appoint no more than three experts to
2755
determine the mental condition of a defendant in a criminal
2756
case, including competency to proceed, insanity, involuntary
2757
placement, and treatment. The experts may evaluate the defendant
2758
in jail or in another appropriate local facility or in a
2759
facility of the Department of Corrections.
2760
(a) Each The court-appointed expert experts shall:
2761
1. Be a psychiatrist, licensed psychologist, or physician.
2762
2. Have completed initial and annual forensic evaluator
2763
training, provided by the department.
2764
3. If performing juvenile evaluations, have completed
2765
initial and annual juvenile forensic competency evaluation
2766
training provided by the department.
2767
Reviser’s note.—Amended to improve sentence structure.
2768
Section 57. Paragraph (i) of subsection (3) of section
2769
921.0022, Florida Statutes, is amended to read:
2770
921.0022 Criminal Punishment Code; offense severity ranking
2771
chart.—
2772
(3) OFFENSE SEVERITY RANKING CHART
2773
(i) LEVEL 9
2775
FloridaStatute FelonyDegree Description
2776
316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
2777
316.193 (3)(c)3.c. 1st DUI manslaughter; prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide.
2778
327.35 (3)(a)3.c.(II) 1st BUI manslaughter; failing to render aid or give information.
2779
327.35 (3)(a)3.c.(III) 327.35(3)(c)3.c. 1st BUI manslaughter; prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide.
2780
409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
2781
499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
2782
560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
2783
560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
2784
655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
2785
775.0844 1st Aggravated white collar crime.
2786
782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
2787
782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
2788
782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
2789
782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
2790
787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
2791
787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
2792
787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
2793
787.02(3)(a) 1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
2794
787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
2795
787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
2796
787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
2797
790.161 1st Attempted capital destructive device offense.
2798
790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
2799
794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
2800
794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
2801
794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
2802
794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
2803
794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
2804
794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
2805
794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
2806
794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
2807
800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
2808
812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
2809
812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
2810
812.135(2)(b) 1st Home-invasion robbery with weapon.
2811
817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
2812
817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
2813
817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
2814
817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
2815
827.03(2)(a) 1st Aggravated child abuse.
2816
847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
2817
847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
2818
859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
2819
893.135 1st Attempted capital trafficking offense.
2820
893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
2821
893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
2822
893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
2823
893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms.
2824
893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
2825
893.135 (1)(c)4.b.(III) 1st Trafficking in fentanyl, 28 grams or more.
2826
893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, 400 grams or more.
2827
893.135 (1)(e)1.c. 1st Trafficking in methaqualone, 25 kilograms or more.
2828
893.135 (1)(f)1.c. 1st Trafficking in amphetamine, 200 grams or more.
2829
893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
2830
893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
2831
893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
2832
893.135 (1)(m)2.d. 1st Trafficking in synthetic cannabinoids, 30 kilograms or more.
2833
893.135 (1)(n)2.c. 1st Trafficking in n-benzyl phenethylamines, 200 grams or more.
2834
896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
2835
896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
2836
Reviser’s note.—Amended to confirm an editorial substitution to
2837
conform to the redesignation of subunits in s. 327.35(3) by
2838
s. 6, ch. 2025-197, Laws of Florida.
2839
Section 58. Subsection (6) of section 934.255, Florida
2840
Statutes, is amended to read:
2841
934.255 Subpoenas in investigations of sexual offenses.—
2842
(6) An investigative or law enforcement officer who obtains
2843
a subpoena pursuant to paragraph (2)(c) may delay the
2844
notification required under that paragraph for a period not to
2845
exceed 180 days upon the execution of a written certification of
2846
a supervisory official that there is reason to believe that that
2847
notification of the existence of the subpoena may have an
2848
adverse result described in subsection (7).
2849
Reviser’s note.—Amended to confirm an editorial deletion to
2850
remove duplicative language.
2851
Section 59. Paragraph (c) of subsection (7) of section
2852
945.42, Florida Statutes, is amended to read:
2853
945.42 Definitions; ss. 945.40-945.49.—As used in ss.
2854
945.40-945.49, the following terms shall have the meanings
2855
ascribed to them, unless the context shall clearly indicate
2856
otherwise:
2857
(7) “In need of care and treatment” means that an inmate
2858
has a mental illness for which inpatient services in a mental
2859
health treatment facility are necessary and because of the
2860
mental illness:
2861
(c) The inmate is unable to determine for himself or
2862
herself whether placement is necessary . ; and
2863
Reviser’s note.—Amended to conform to punctuation elsewhere in
2864
the subsection. As amended by s. 9, ch. 2025-81, Laws of
2865
Florida, paragraphs (7)(a), (b), and (d) end in periods.
2866
Section 60. Subsection (2) and paragraph (a) of subsection
2867
(3) of section 945.485, Florida Statutes, are amended to read:
2868
945.485 Management and treatment for self-injurious
2869
behaviors.—
2870
(2) In accordance with s. 945.6402 s. 945.6042 , the
2871
Legislature finds that an inmate retains the fundamental right
2872
of self-determination regarding decisions pertaining to his or
2873
her own health, including the right to choose or refuse medical
2874
treatment or life-saving medical procedures. However, the
2875
inmate’s right to privacy and decisionmaking regarding medical
2876
treatment may be outweighed by compelling state interests.
2877
(3) When an inmate is engaging in active or ongoing self
2878
injurious behavior and has refused to provide express and
2879
informed consent for treatment related to the self-injurious
2880
behavior, the warden of the facility where the inmate is housed
2881
shall consult with the inmate’s treating physician regarding the
2882
inmate’s medical and mental health status, current medical and
2883
mental health treatment needs, and competency to provide express
2884
and informed consent for treatment. The warden shall also
2885
determine whether the inmate’s self-injurious behavior presents
2886
a danger to the safety of department staff or other inmates or
2887
the security, internal order, or discipline of the institution.
2888
(a) If the inmate’s treating physician determines that the
2889
inmate has a mental illness and is incompetent to consent to
2890
treatment, the physician shall proceed in accordance with s.
2891
945.6402 s. 945.6042 for any necessary surgical or medical
2892
services. If the inmate is in need of care and treatment as
2893
defined in s. 945.42, the inmate shall be referred to a mental
2894
health treatment facility for an involuntary examination in
2895
accordance with s. 945.44.
2896
Reviser’s note.—Amended to correct a transposition error.
2897
Section 945.6402 relates to inmate health care advance
2898
directives. Section 945.6042 does not exist.
2899
Section 61. Subsection (2) of section 951.27, Florida
2900
Statutes, is amended to read:
2901
951.27 Blood tests of inmates.—
2902
(2) Except as otherwise provided in this subsection,
2903
serologic blood test results obtained pursuant to subsection (1)
2904
are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
2905
I of the State Constitution. However, it is not unlawful for the
2906
person receiving the test results to divulge the test results to
2907
the sheriff or chief correctional officer. Such test results
2908
must also be provided to employees or officers of the sheriff or
2909
chief correctional officer who are responsible for the custody
2910
and care of the affected inmate and have a need to know such
2911
information, to any person who provided a notice of exposure
2912
under subsection (4), and as provided in ss. 775.0877 and
2913
960.003. In addition, upon request of the victim or the victim’s
2914
legal guardian, or the parent or legal guardian of the victim if
2915
the victim is a minor, the results of any HIV test performed on
2916
an inmate arrested for any sexual offense involving oral, anal,
2917
or female genital penetration by, or union with, the sexual
2918
organ of another, must be disclosed to the victim or the
2919
victim’s legal guardian, or to the parent or legal guardian of
2920
the victim if the victim is a minor. In such cases, the county
2921
or municipal detention facility shall furnish the test results
2922
to the Department of Health, which is responsible for disclosing
2923
the results to public health agencies as provided in s. 775.0877
2924
and to the victim or the victim’s legal guardian, or the parent
2925
or legal guardian of the victim if the victim is a minor, as
2926
provided in s. 960.003(3). As used in this subsection, the term
2927
“female genitals” includes the labia minora, labia majora,
2928
clitoris, vulva, hymen, and vagina.
2929
Reviser’s note.—Amended to confirm an editorial insertion to
2930
improve clarity.
2931
Section 62. Subsection (14) of section 984.151, Florida
2932
Statutes, is amended to read:
2933
984.151 Early truancy intervention; truancy petition;
2934
judgment.—
2935
(14) Any truant student who that meets the definition of a
2936
child in need of services and who has been found in contempt for
2937
violation of a court order under s. 984.09 two or more times
2938
shall be referred to the case staffing committee under s. 984.12
2939
with a recommendation to file a petition for a child in need of
2940
services.
2941
Reviser’s note.—Amended to confirm an editorial substitution to
2942
conform to context.
2943
Section 63. Subsection (2) of section 984.19, Florida
2944
Statutes, is amended to read:
2945
984.19 Medical screening and treatment of child;
2946
examination of parent, legal guardian, or person requesting
2947
custody.—
2948
(2) When the medical screening authorized by subsection (1)
2949
is performed or when it is otherwise determined by a licensed
2950
health care professional that a child is in need of medical
2951
treatment, consent for medical treatment shall be obtained in
2952
the following manner:
2953
(a)1. Consent to medical treatment shall be obtained from a
2954
parent, legal guardian, or custodian of the child; or
2955
2. A court order for such treatment shall be obtained.
2956
(b) If a parent, legal guardian, or custodian of the child
2957
is unavailable and his or her whereabouts cannot be reasonably
2958
ascertained, and it is after normal working hours so that a
2959
court order cannot reasonably be obtained, an authorized agent
2960
of the department or its provider has the authority to consent
2961
to necessary medical treatment for the child. The authority of
2962
the department to consent to medical treatment in this
2963
circumstance is limited to the time reasonably necessary to
2964
obtain court authorization.
2965
(c) If a parent, legal guardian, or custodian of the child
2966
is available but refuses to consent to the necessary treatment,
2967
a court order is required, unless the situation meets the
2968
definition of an emergency in s. 743.064 or the treatment needed
2969
is related to suspected abuse or neglect of the child by the
2970
parent or guardian. In such case, the department’s authorized
2971
agent may consent to necessary medical treatment. This authority
2972
is limited to the time reasonably necessary to obtain court
2973
authorization.
2975
In no case may the department consent to sterilization,
2976
abortion, or termination of life support.
2977
Reviser’s note.—Amended to confirm an editorial insertion to
2978
improve clarity.
2979
Section 64. Subsection (1) of section 984.21, Florida
2980
Statutes, is amended to read:
2981
984.21 Orders of adjudication.—
2982
(1) An order of adjudication by a court that a child is a
2983
child in need of services is a civil adjudication, and is not be
2984
deemed a conviction, nor shall the child be deemed to have been
2985
found guilty or to be a delinquent or criminal by reason of
2986
adjudication, nor shall that adjudication operate to impose upon
2987
the child any of the civil disabilities ordinarily imposed by or
2988
resulting from conviction or disqualify or prejudice the child
2989
in any civil service application or appointment.
2990
Reviser’s note.—Amended to confirm an editorial deletion to
2991
improve clarity.
2992
Section 65. Paragraph (c) of subsection (2) of section
2993
1003.27, Florida Statutes, is amended to read:
2994
1003.27 Court procedure and penalties.—The court procedure
2995
and penalties for the enforcement of the provisions of this
2996
part, relating to compulsory school attendance, shall be as
2997
follows:
2998
(2) NONENROLLMENT AND NONATTENDANCE CASES.—
2999
(c) The district school superintendent must provide the
3000
Department of Highway Safety and Motor Vehicles the legal name,
3001
sex, date of birth, and social security number of each minor
3002
student who has been reported under this paragraph and who fails
3003
to otherwise satisfy the requirements of s. 322.091. The
3004
Department of Highway Safety and Motor Vehicles may not issue a
3005
driver license or learner’s driver license to, and shall suspend
3006
any previously issued driver license or learner’s driver license
3007
of, any such minor student, pursuant to s. 322.091.
3008
Reviser’s note.—Amended to confirm the editorial reinsertion of
3009
the word “to” as stricken by s. 32, ch. 2025-153, Laws of
3010
Florida, to improve clarity.
3011
Section 66. Paragraph (b) of subsection (6) of section
3012
1008.25, Florida Statutes, is amended to read:
3013
1008.25 Public school student progression; student support;
3014
coordinated screening and progress monitoring; reporting
3015
requirements.—
3016
(6) MATHEMATICS DEFICIENCY AND PARENTAL NOTIFICATION.—
3017
(b) A Voluntary Prekindergarten Education Program student
3018
who exhibits a substantial deficiency in early math skills based
3019
upon the results of the administration of the midyear or final
3020
coordinated screening and progress monitoring under subsection
3021
(9) (8) shall be referred to the local school district and may
3022
be eligible to receive intensive mathematics interventions
3023
before participating in kindergarten.
3024
Reviser’s note.—Amended to correct a cross-reference to conform
3025
to context. Subsection (8) relates to successful
3026
progression for retained third grade students; subsection
3027
(9) relates to a coordinated screening and progress
3028
monitoring system.
3029
Section 67. Paragraph (c) of subsection (1) of section
3030
1011.61, Florida Statutes, is amended to read:
3031
1011.61 Definitions.—Notwithstanding the provisions of s.
3032
1000.21, the following terms are defined as follows for the
3033
purposes of the Florida Education Finance Program:
3034
(1) A “full-time equivalent student” in each program of the
3035
district is defined in terms of full-time students and part-time
3036
students as follows:
3037
(c)1. A “full-time equivalent student” is:
3038
a. A full-time student in any one of the programs listed in
3039
s. 1011.62(1)(c); or
3040
b. A combination of full-time or part-time students in any
3041
one of the programs listed in s. 1011.62(1)(c) which is the
3042
equivalent of one full-time student based on the following
3043
calculations:
3044
(I) A full-time student in a combination of programs listed
3045
in s. 1011.62(1)(c) shall be a fraction of a full-time
3046
equivalent membership in each special program equal to the
3047
number of net hours per school year for which he or she is a
3048
member, divided by the appropriate number of hours set forth in
3049
subparagraph (a)1. The difference between that fraction or sum
3050
of fractions and the maximum value as set forth in subsection
3051
(3) (4) for each full-time student is presumed to be the balance
3052
of the student’s time not spent in a special program and shall
3053
be recorded as time in the appropriate basic program.
3054
(II) A prekindergarten student with a disability shall meet
3055
the requirements specified for kindergarten students.
3056
(III) A full-time equivalent student for students in
3057
kindergarten through grade 12 in a full-time virtual instruction
3058
program under s. 1002.45 or a virtual charter school under s.
3059
1002.33 shall consist of six full-credit completions or the
3060
prescribed level of content that counts toward promotion to the
3061
next grade in programs listed in s. 1011.62(1)(c). Credit
3062
completions may be a combination of full-credit courses or half
3063
credit courses.
3064
(IV) A full-time equivalent student for students in
3065
kindergarten through grade 12 in a part-time virtual instruction
3066
program under s. 1002.45 shall consist of six full-credit
3067
completions in programs listed in s. 1011.62(1)(c)1. and 3.
3068
Credit completions may be a combination of full-credit courses
3069
or half-credit courses.
3070
(V) A Florida Virtual School full-time equivalent student
3071
shall consist of six full-credit completions or the prescribed
3072
level of content that counts toward promotion to the next grade
3073
in the programs listed in s. 1011.62(1)(c)1. and 3. for students
3074
participating in kindergarten through grade 12 part-time virtual
3075
instruction and the programs listed in s. 1011.62(1)(c) for
3076
students participating in kindergarten through grade 12 full
3077
time virtual instruction. Credit completions may be a
3078
combination of full-credit courses or half-credit courses.
3079
(VI) Each successfully completed full-credit course earned
3080
through an online course delivered by a district other than the
3081
one in which the student resides shall be calculated as 1/6 FTE.
3082
(VII) A full-time equivalent student for courses requiring
3083
passage of a statewide, standardized end-of-course assessment
3084
under s. 1003.4282 to earn a standard high school diploma shall
3085
be defined and reported based on the number of instructional
3086
hours as provided in this subsection.
3087
(VIII) For students enrolled in a school district as a
3088
full-time student, the district may report 1/6 FTE for each
3089
student who passes a statewide, standardized end-of-course
3090
assessment without being enrolled in the corresponding course.
3091
2. A student in membership in a program scheduled for more
3092
or less than 180 school days or the equivalent on an hourly
3093
basis as specified by rules of the State Board of Education is a
3094
fraction of a full-time equivalent membership equal to the
3095
number of instructional hours in membership divided by the
3096
appropriate number of hours set forth in subparagraph (a)1.;
3097
however, for the purposes of this subparagraph, membership in
3098
programs scheduled for more than 180 days is limited to students
3099
enrolled in:
3100
a. Juvenile justice education programs.
3101
b. The Florida Virtual School.
3102
c. Virtual instruction programs and virtual charter schools
3103
for the purpose of course completion and credit recovery
3104
pursuant to ss. 1002.45 and 1003.498. Course completion applies
3105
only to a student who is reported during the second or third
3106
membership surveys and who does not complete a virtual education
3107
course by the end of the regular school year. The course must be
3108
completed no later than the deadline for amending the final
3109
student enrollment survey for that year. Credit recovery applies
3110
only to a student who has unsuccessfully completed a traditional
3111
or virtual education course during the regular school year and
3112
must retake the course in order to be eligible to graduate with
3113
the student’s class.
3115
The full-time equivalent student enrollment calculated under
3116
this subsection is subject to the requirements in subsection
3117
(3).
3119
The department shall determine and implement an equitable method
3120
of equivalent funding for schools operating under emergency
3121
conditions, which schools have been approved by the department
3122
to operate for less than the minimum term as provided in s.
3123
1011.60(2).
3124
Reviser’s note.—Amended to correct a cross-reference to conform
3125
to the redesignation of subunits in s. 1011.61 by s. 16,
3126
ch. 2025-203, Laws of Florida.
3127
Section 68. Paragraph (f) of subsection (2) of section
3128
1012.552, Florida Statutes, is amended to read:
3129
1012.552 The Coaching for Educator Readiness and Teaching
3130
(CERT) Certification Program.—
3131
(2) PROGRAM REQUIREMENTS.—A CERT program must include all
3132
of the following:
3133
(f) Provide Guidance and on-the-job training in the
3134
classroom on mastering Florida Educator Accomplished Practices.
3135
Reviser’s note.—Amended to conform to context and improve
3136
clarity.
3137
Section 69. This act shall take effect on the 60th day
3138
after adjournment sine die of the session of the Legislature in
3139
which enacted.