HB 7027 full text · Session Watch

1 A reviser's bill to be entitled

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,

5 166.04151, 202.34, 212.08, 212.099, 212.13, 258.004,

6 288.062, 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,

13 984.19, 984.21, 1003.27, 1008.25, 1011.61, and

14 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16 served their purpose, or have been impliedly repealed

17 or superseded; replacing incorrect cross-references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. 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

199 are as follows: Beginning in the thread of the Withlacoochee

200 River, at the range line dividing ranges seventeen and eighteen

201 east; thence north to the township line dividing townships

202 fourteen and fifteen south; thence east on said township line to

203 the middle of township fourteen south, range nineteen east;

204 thence north to the line dividing townships eleven and twelve

205 south; thence east on said township line to Orange Lake; thence

206 down 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

241 are 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

355 are as follows: Beginning on the Alabama state line where same

356 is intersected by the line dividing centrally range eighteen

357 west; thence south on the section lines to the line dividing

358 townships two and three north, in range eighteen west; thence

359 east to the 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

416 from the property pursuant to this procedure may bring a cause

417 of 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 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

468 States, by asking the question, "Are you a citizen of the United

469 States of America?" and providing boxes for the applicant to

470 check 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

487 enforcement, correctional, or correctional probation officer

488 who, on or after January 1, 1995, suffers a catastrophic injury,

489 as defined in s. 440.02, Florida Statutes 2002, in the line of

490 duty shall pay the entire premium of the employer's health

491 insurance plan for the injured employee, for the injured

492 employee's spouse, and for each dependent child of the injured

493 employee until the child reaches the age of majority or until

494 the end of the calendar year in which the child reaches the age

495 of 25 if the child continues to be dependent for support, or the

496 child is a full-time or part-time student and is dependent for

497 support. The term "health insurance plan" does not include

498 supplemental benefits that are not part of the basic group

499 health insurance plan. If the injured employee subsequently

500 dies, the employer shall continue to pay the entire health

501 insurance premium for the surviving spouse until remarried, and

502 for the dependent children, under the conditions outlined in

503 this paragraph. 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

525 children to be eligible for such insurance coverage, the injury

526 must have occurred while the officer was in the line of duty or

527 engaged in an official training exercise. Except as otherwise

528 provided herein, this paragraph may not be construed to limit

529 health insurance coverage for which the officer, spouse, or

530 dependent children may otherwise be eligible, except that a

531 person who qualifies under this section is not eligible for the

532 health insurance subsidy provided under chapter 121, chapter

533 175, or 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

540 who, on or after January 1, 1995, suffers a catastrophic injury,

541 as defined in s. 440.02, Florida Statutes 2002, in the line of

542 duty shall pay the entire premium of the employer's health

543 insurance plan for the injured employee, for the injured

544 employee's spouse, and for each dependent child of the injured

545 employee until the child reaches the age of majority or until

546 the end of the calendar year in which the child reaches the age

547 of 25 if the child continues to be dependent for support, or the

548 child is a full-time or part-time student and is dependent for

549 support. The term "health insurance plan" does not include

550 supplemental benefits that are not part of the basic group

551 health insurance plan. If the injured employee subsequently

552 dies, the employer shall continue to pay the entire health

553 insurance premium for the surviving spouse until remarried, and

554 for the dependent children, under the conditions outlined in

555 this paragraph. 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~~

602 ~~department is authorized, and all conditions are deemed met, to~~

603 ~~adopt 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 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;

701 audit 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

806 may take cannot be fully used within any period that a payment

807 is 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

819 and 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;

849 audit 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 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,

913 native habitats, and archaeological and historical sites,

914 sporting facilities, including, but not limited to, golf

915 courses, tennis courts, pickleball courts, ball fields, or other

916 sporting facilities, may not be constructed within the

917 boundaries of state parks. This subparagraph may not be

918 construed to prohibit the continued operation, maintenance, or

919 repair of any such sporting facilities, or other facilities,

920 existing within a 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

938 contributes 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

946 DUI manslaughter, and commits:

947 a. A felony of the second degree, punishable as provided

948 in 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

971 vessel 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

981 of real property. The term includes real property held in trust

982 for 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 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

1004 facilities, including reconstruction and restoration;

1005 3. To pay for those projects that are funded with

1006 Alligator Alley toll revenues and that are contained in the

1007 1993-1994 adopted work program or the 1994-1995 tentative work

1008 program 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,

1017 through no later than June 30, 2027, shall control until such

1018 time that the local governmental entity and the department enter

1019 into a new agreement or agree to extend the existing agreement.

1020 ~~For the 2024-2025 fiscal year, the amount of reimbursement may~~

1021 ~~not 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

1081 department shall have the following powers, duties, and

1082 responsibilities:

1083 (10) To serve as the lead agency in administering the

1084 Early Steps Program pursuant to part C of the federal

1085 Individuals with Disabilities Education Act and part II ~~III~~ of

1086 this chapter.

1087 Reviser's note.—Amended to conform to the redesignation of part

1088 III of chapter 391 as part II by s. 18, ch. 2025-88, Laws

1089 of Florida. Section 29. Paragraph (b) of subsection (1) of section

1091 394.4575, Florida Statutes, is amended to read:

1092 394.4575 Student mental health assistance program

1093 evaluation.—

1094 (1) The Office of Program Policy Analysis and Government

1095 Accountability (OPPAGA), in consultation with the Department of

1096 Children and Families, the Department of Education, the Louis de

1097 la Parte Florida Mental Health Institute, and any other

1098 identified relevant stakeholder, must evaluate school district

1099 compliance with ss. 1001.212(11), 1006.041, and 1012.584(4) and

1100 the mental health services and supports provided to students

1101 pursuant to those sections. OPPAGA must:

1102 (b) By December 1, 2026, provide a final review and

1103 evaluation of the mental health assistance programs within the

1104 school districts to the Governor, the President of the Senate,

1105 and the Speaker of the House of Representatives. The evaluation

1106 must include, but is not limited to:

1107 1. An assessment of school district compliance with the

1108 requirements of ss. 1001.212(11), 1006.041, and 1012.584(4).

1109 2. An assessment of the treatment outcomes, system

1110 capacity, and performance of mental health services provided

1111 pursuant to s. 1006.041(2)(a) and (b).

1112 3. An assessment of the mental health assistance programs'

1113 ongoing level of integration with the coordinated system of care

1114 required under s. 394.4573.

1115 4. Recommendations to enhance treatment outcomes, system

1116 capacity, and performance of school-based ~~the~~ mental health

1117 assistance programs and increase the integration of those

1118 programs into the coordinated system of care.

1119 Reviser's note.—Amended to confirm an editorial deletion to

1120 improve clarity.

1121 Section 30. Subsection (12) of section 400.126, Florida

1122 Statutes, is amended to read:

1123 400.126 Receivership proceedings.—

1124 (12) Concurrently with the appointment of a receiver, the

1125 agency and the Department of Elderly Affairs shall coordinate an

1126 assessment of each resident in the facility by the Comprehensive

1127 Assessment and Review for Long-Term Care Services ~~Long-Term-Care~~

1128 (CARES) Program for the purpose of evaluating each resident's

1129 need for the level of care provided in a nursing facility and

1130 the potential for providing such care in alternative settings.

1131 If the CARES assessment determines that a resident could be

1132 cared for in a less restrictive setting or does not meet the

1133 criteria for skilled or intermediate care in a nursing home, the

1134 department and agency shall refer the resident for such care, as

1135 is appropriate for the resident. Residents referred pursuant to

1136 this subsection shall be given primary consideration for

1137 receiving services under the community care for the elderly

1138 program in the same manner as persons classified to receive such

1139 services pursuant to s. 430.205.

1140 Reviser's note.—Amended to confirm an editorial substitution to

1141 conform to the correct name of the program.

1142 Section 31. Paragraph (a) of subsection (2) of section

1143 400.191, Florida Statutes, is amended to read:

1144 400.191 Availability, distribution, and posting of reports

1145 and records.—

1146 (2) The agency shall publish the Nursing Home Guide

1147 quarterly in electronic form to assist consumers and their

1148 families in comparing and evaluating nursing home facilities.

1149 (a) The agency shall provide an Internet site which must

1150 include at least the following information either directly or

1151 indirectly through a link to another established site or sites

1152 of the agency's choosing:

1153 1. A section entitled "Have you considered programs that

1154 provide alternatives to nursing home care?" which must be the

1155 first section of the Nursing Home Guide and must prominently

1156 display information about available alternatives to nursing

1157 homes and how to obtain additional information regarding these

1158 alternatives. The Nursing Home Guide must explain that this

1159 state offers alternative programs that allow qualified elderly

1160 persons to stay in their homes instead of being placed in

1161 nursing homes and must encourage interested persons to call the

1162 Comprehensive Assessment and Review ~~and Evaluation~~ for Long-Term

1163 Care Services (CARES) Program to inquire as to whether they

1164 qualify. The Nursing Home Guide must list available home and

1165 community-based programs and must clearly state the services

1166 that are provided, including whether nursing home services are

1167 covered under those programs when necessary.

1168 2. A list by name and address of all nursing home

1169 facilities in this state, including any prior name by which a

1170 facility was known during the previous 24-month period.

1171 3. Whether such nursing home facilities are proprietary or

1172 nonproprietary.

1173 4. The current owner of the facility's license and the

1174 year that that entity became the owner of the license.

1175 5. The name of the owner or owners of each facility and

1176 whether the facility is affiliated with a company or other

1177 organization owning or managing more than one nursing facility

1178 in this state.

1179 6. The total number of beds in each facility and the most

1180 recently available occupancy levels.

1181 7. The number of private and semiprivate rooms in each

1182 facility.

1183 8. The religious affiliation, if any, of each facility.

1184 9. The languages spoken by the administrator and staff of

1185 each facility.

1186 10. Whether or not each facility accepts Medicare or

1187 Medicaid recipients or insurance, health maintenance

1188 organization, United States Department of Veterans Affairs,

1189 CHAMPUS program, or workers' compensation coverage.

1190 11. Recreational and other programs available at each

1191 facility.

1192 12. Special care units or programs offered at each

1193 facility.

1194 13. Whether the facility is a part of a retirement

1195 community that offers other services pursuant to part III of

1196 this chapter or part I or part III of chapter 429.

1197 14. Survey and deficiency information, including all

1198 federal and state recertification, licensure, revisit, and

1199 complaint survey information, for each facility. For

1200 noncertified nursing homes, state survey and deficiency

1201 information, including licensure, revisit, and complaint survey

1202 information, shall be provided.

1203 15. The results of consumer satisfaction surveys conducted

1204 pursuant to s. 400.0225.

1205 Reviser's note.—Amended to confirm an editorial substitution to

1206 conform to the correct name of the program.

1207 Section 32. Paragraph (e) of subsection (17) of section

1208 409.910, Florida Statutes, is amended to read:

1209 409.910 Responsibility for payments on behalf of Medicaid-

1210 eligible persons when other parties are liable.—

1211 (17)

1212 (e) Each party shall bear its own attorney fees and costs

1213 for any administrative proceeding conducted pursuant to

1214 paragraphs (b)-(e) ~~this paragraph.~~

1215 Reviser's note.—Amended to confirm an editorial substitution for

1216 a reference to "this paragraph," as referenced in the

1217 amendment by s. 6, ch. 2013-48, Laws of Florida, and which

1218 language became paragraphs (b)-(e) in the compilation of

1219 the text pursuant to redesignation by s. 2, ch. 2013-150,

1220 Laws of Florida. Section 2, ch. 2013-150, referenced

1221 "paragraph (a) or paragraph (b)."

1222 Section 33. Paragraph (b) of subsection (1) of section

1223 409.979, Florida Statutes, is amended to read:

1224 409.979 Eligibility.—

1225 (1) PREREQUISITE CRITERIA FOR ELIGIBILITY.—Medicaid

1226 recipients who meet all of the following criteria are eligible

1227 to receive long-term care services and must receive long-term

1228 care services by participating in the long-term care managed

1229 care program. The recipient must be:

1230 (b) Determined by the Comprehensive Assessment and Review

1231 ~~and Evaluation~~ for Long-Term Care Services (CARES) preadmission

1232 screening program to require:

1233 1. Nursing facility care as defined in s. 409.985(3); or

1234 2. Hospital level of care, for individuals diagnosed with

1235 cystic fibrosis.

1236 Reviser's note.—Amended to confirm an editorial substitution to

1237 conform to the correct name of the program.

1238 Section 34. Subsections (6), (7), (8), and (15) of section

1239 427.703, Florida Statutes, are amended to read:

1240 427.703 Definitions.—As used in this part:

1241 (8)(6) "Deafblind" means having both a permanent hearing

1242 impairment and a permanent visual impairment and includes dual

1243 sensory impairment.

1244 (6)(7) "Deaf service center" means a center that serves,

1245 within a defined region, individuals with hearing loss or speech

1246 impairment or who are deafblind, by distributing equipment and

1247 providing services on behalf of the administrator.

1248 (7)(8) "Deaf service center director" means an individual

1249 who serves as the director for a deaf service center and is

1250 responsible for ensuring that individuals with hearing loss or

1251 speech impairment or who are deafblind are qualified to receive

1252 equipment or services in accordance with ss. 427.701-427.708,

1253 based on their impairment by attesting to such impairment as

1254 provided for in the procedures developed by the administrator.

1255 (15) "Regional distribution center director" means an

1256 individual qualified by the administrator who serves as the

1257 director for a regional distribution center and meets the

1258 standards for ensuring that individuals with hearing loss or

1259 speech impairment or who are deafblind are qualified to receive

1260 equipment or services in accordance with ss. 427.701-427.708,

1261 based on their impairment by attesting to such impairment as

1262 provided for in the procedures developed by the administrator.

1263 Reviser's note.—Subsections (6)-(8) are amended to conform to

1264 the alphabetical ordering of definitions in this section.

1265 Subsection (15) is amended to confirm editorial insertions

1266 to conform to language elsewhere in the section.

1267 Section 35. Section 429.55, Florida Statutes, is amended

1268 to read:

1269 429.55 Consumer information.—

1270 (1) CONSUMER INFORMATION WEBSITE.—The Legislature finds

1271 that consumers need additional information on the quality of

1272 care and service in assisted living facilities in order to

1273 select the best facility for themselves or their loved ones.

1274 Therefore, the Agency for Health Care Administration shall

1275 create content that is easily accessible through the home page

1276 of the agency's website either directly or indirectly through

1277 links to one or more other established websites of the agency's

1278 choosing. The website must be searchable by facility name,

1279 license type, city, or zip code. ~~By November 1, 2015,~~ The agency

1280 shall include all content in its possession on the website and

1281 add content when received from facilities. At a minimum, the

1282 content must include:

1283 (a) Information on each licensed assisted living facility,

1284 including, but not limited to:

1285 1. The name and address of the facility.

1286 2. The name of the owner or operator of the facility.

1287 3. The number and type of licensed beds in the facility.

1288 4. The types of licenses held by the facility.

1289 5. The facility's license expiration date and status.

1290 6. The total number of clients that the facility is

1291 licensed to serve and the most recently available occupancy

1292 levels.

1293 7. The number of private and semiprivate rooms offered.

1294 8. The bed-hold policy.

1295 9. The religious affiliation, if any, of the assisted

1296 living facility.

1297 10. The languages spoken by the staff.

1298 11. Availability of nurses.

1299 12. Forms of payment accepted, including, but not limited

1300 to, Medicaid, Medicaid long-term managed care, private

1301 insurance, health maintenance organization, United States

1302 Department of Veterans Affairs, CHAMPUS program, or workers'

1303 compensation coverage.

1304 13. Indication if the licensee is operating under

1305 bankruptcy protection.

1306 14. Recreational and other programs available.

1307 15. Special care units or programs offered.

1308 16. Whether the facility is a part of a retirement

1309 community that offers other services pursuant to this part or

1310 part III of this chapter, part II or part III of chapter 400, or

1311 chapter 651.

1312 17. Links to the State Long-Term Care Ombudsman Program

1313 website and the program's statewide toll-free telephone number.

1314 18. Links to the websites of the providers.

1315 19. Other relevant information that the agency currently

1316 collects.

1317 (b) Survey and violation information for the facility,

1318 including a list of the facility's violations committed during

1319 the previous 60 months, which on July 1, 2015, may include

1320 violations committed on or after July 1, 2010. The list shall be

1321 updated monthly and include for each violation:

1322 1. A summary of the violation, including all licensure,

1323 revisit, and complaint survey information, presented in a manner

1324 understandable by the general public.

1325 2. Any sanctions imposed by final order.

1326 3. The date the corrective action was confirmed by the

1327 agency.

1328 (c) Links to inspection reports that the agency has on

1329 file.

1330 (2) VENOUS THROMBOEMBOLISM (VTE) ~~VTE~~ CONSUMER

1331 INFORMATION.—

1332 (a) The Legislature finds that many pulmonary embolisms

1333 (PEs) ~~PEs~~ are preventable and that information about the

1334 prevalence of the disease could save lives.

1335 (b) The term "pulmonary embolism" or "PE" means a

1336 condition in which part of a ~~the~~ clot located in a deep vein

1337 breaks off and travels to the lungs, possibly causing death.

1338 (c) The term "venous thromboembolism" or "VTE" means deep

1339 vein thrombosis, which is a blood clot located in a deep vein,

1340 usually in the leg or arm. The term can be used to refer to deep

1341 vein thrombosis, pulmonary embolism, or both.

1342 (d) Assisted living facilities must provide a consumer

1343 information pamphlet to residents upon admission. The pamphlet

1344 must contain information about venous thromboembolism, including

1345 risk factors and how residents can recognize the signs and

1346 symptoms of venous thromboembolism.

1348 The agency may adopt rules to administer this section.

1349 Reviser's note.—Subsection (1) is amended to delete obsolete

1350 language. Subsection (2) is amended to improve clarity.

1351 Section 36. Paragraph (h) of subsection (4) of section

1352 445.004, Florida Statutes, is amended to read:

1353 445.004 CareerSource Florida, Inc., and the state board;

1354 creation; purpose; membership; duties and powers.—

1355 (4)

1356 (h)1. The state board shall appoint a Credentials Review

1357 Committee to identify nondegree credentials and degree

1358 credentials of value for approval by the state board and

1359 inclusion in the Master Credentials List. Such credentials must

1360 include registered apprenticeship programs; industry

1361 certifications, including industry certifications for

1362 agricultural occupations submitted pursuant to s. 570.07(43);

1363 licenses; advanced technical certificates; college credit

1364 certificates; career certificates; applied technology diplomas;

1365 associate degrees; baccalaureate degrees; and graduate degrees.

1366 The Credentials Review Committee must include:

1367 a. The Chancellor of the Division of Public Schools.

1368 b. The Chancellor of the Division of Career and Adult

1369 Education.

1370 c. The Chancellor of the Florida College System.

1371 d. The Chancellor of the State University System.

1372 e. The director of the Office of Reimagining Education and

1373 Career Help, who shall serve as chair of the committee.

1374 f. Four members from local workforce development boards,

1375 with equal representation from urban and rural regions.

1376 g. Two members from nonpublic postsecondary institutions.

1377 h. Two members from industry associations.

1378 i. Two members from Florida-based businesses.

1379 j. Two members from the Department of Commerce.

1380 k. One member from the Department of Agriculture and

1381 Consumer Services.

1382 2. All information pertaining to the Credentials Review

1383 Committee, the process for the approval of credentials of value,

1384 and the Master Credentials List must be made available and be

1385 easily accessible to the public on all relevant state agency

1386 websites.

1387 3. The Credentials Review Committee shall establish a

1388 definition for credentials of value and create a framework of

1389 quality. The framework must align with federally funded

1390 workforce accountability requirements and undergo biennial

1391 review.

1392 4. The criteria to determine value for nondegree

1393 credentials should, at a minimum, require:

1394 a. Evidence that the credential meets labor market demand

1395 as identified by the Labor Market Statistics Center within the

1396 Department of Commerce or the Labor Market Estimating Conference

1397 created in s. 216.136, or meets local demand as identified in

1398 the criteria adopted by the Credentials Review Committee. The

1399 Credentials Review Committee may consider additional evidence to

1400 determine labor market demand for credentials for agricultural

1401 occupations. Evidence to be considered by the Credentials Review

1402 Committee must include employer information on present

1403 credential use or emerging opportunities.

1404 b. Evidence that the competencies mastered upon completion

1405 of the credential are aligned with labor market demand.

1406 c. Evidence of the employment and earnings outcomes for

1407 individuals after obtaining the credential. Earnings outcomes

1408 must provide middle-level to high-level wages with preference

1409 given to credentials generating high-level wages. Credentials

1410 that do not meet the earnings outcomes criteria must be part of

1411 a sequence of credentials that are required for the next level

1412 occupation that does meet the earnings outcomes criteria in

1413 order to be identified as a credential of value. For new

1414 credentials, this criteria may be met with conditional

1415 eligibility until measurable labor market outcomes are obtained.

1416 5. The Credentials Review Committee shall establish the

1417 criteria to determine value for degree programs. This criteria

1418 must include evidence that the program meets statewide or

1419 regional labor market demand as identified by the Labor Market

1420 Statistics Center within the Department of Commerce or the Labor

1421 Market Estimating Conference created in s. 216.136, or meets

1422 local demand as determined by the committee. The Credentials

1423 Review Committee may consider additional evidence to determine

1424 labor market demand for credentials for agricultural

1425 occupations. Such criteria, once available and applicable to

1426 baccalaureate degrees and graduate degrees, must be used to

1427 designate programs of emphasis under s. 1001.706 and to guide

1428 the development of program standards and benchmarks under s.

1429 1004.92.

1430 6. The Credentials Review Committee shall establish a

1431 process for prioritizing nondegree credentials and degree

1432 programs based on critical statewide or regional shortages.

1433 7. The Credentials Review Committee shall establish a

1434 process for:

1435 a. At a minimum, quarterly review and approval of

1436 credential applications. Approved credentials of value shall be

1437 used by the committee to develop the Master Credentials List.

1438 b. Annual review of the Master Credentials List.

1439 c. Phasing out credentials on the Master Credentials List

1440 that no longer meet the framework of quality. Credentials must

1441 remain on the list for at least 1 year after identification for

1442 removal.

1443 d. Designating performance funding eligibility under ss.

1444 1011.80 and 1011.81, based upon the highest available

1445 certification for postsecondary students.

1446 e. Upon approval, the state board shall submit the Master

1447 Credentials List to the State Board of Education. The list must,

1448 at a minimum, identify nondegree credentials and degree programs

1449 determined to be of value for purposes of the CAPE Industry

1450 Certification Funding List adopted under s. 1008.44 ~~ss. 1008.44~~

1451 ~~and 1011.62(1);~~ if the credential or degree program meets

1452 statewide, regional, or local level demand; the type of

1453 certificate, credential, or degree; and the primary standard

1454 occupation classification code.

1455 f. If an application submitted to the Credentials Review

1456 Committee does not meet the required standards, the Credentials

1457 Review Committee must provide a notice of deficiency to the

1458 applicant and the provider who was identified as the point of

1459 contact provided on the application by the end of the next

1460 quarter after receipt of the application. The notice must

1461 include the basis for denial and the procedure to appeal the

1462 denial.

1463 8. The Credentials Review Committee shall establish a

1464 process for linking Classifications of Instructional Programs

1465 (CIP) to Standard Occupational Classifications (SOC) for all new

1466 credentials of value identified on the Master Credentials List.

1467 The CIP code aligns instructional programs to occupations. A CIP

1468 to SOC link indicates that programs classified in the CIP code

1469 category prepare individuals for jobs classified in the SOC code

1470 category. The state board shall submit approved CIP to SOC

1471 linkages to the State Board of Education with each credential

1472 that is added to the Master Credentials List.

1473 9. The Credentials Review Committee shall identify all

1474 data elements necessary to collect information on credentials by

1475 the Florida Education and Training Placement Program automated

1476 system under s. 1008.39.

1477 Reviser's note.—Amended to conform to the deletion of references

1478 to the CAPE Industry Certification Funding List in s.

1479 1011.62(1) by s. 17, ch. 2025-203, Laws of Florida. Section 37. Subsection (3) of section 497.271, Florida

1481 Statutes, is amended to read:

1482 497.271 Standards for construction and significant

1483 alteration or renovation of mausoleums and columbaria.—

1484 (3) The licensing authority shall transmit the rules as

1485 adopted under subsection (2), referred to as the "mausoleum

1486 standards," to the Florida Building Commission, which shall

1487 initiate rulemaking under chapter 120 to consider such mausoleum

1488 standards. If such mausoleum standards are not deemed

1489 acceptable, they must be returned by the Florida Building

1490 Commission to the licensing authority with details of changes

1491 needed to make them acceptable. If such mausoleum standards are

1492 acceptable, the Florida Building Commission must adopt a rule

1493 designating the mausoleum standards as an approved revision to

1494 the State Minimum Building Codes under part IV of chapter 553.

1495 When designated by the Florida Building Commission, such

1496 mausoleum standards shall become a required element of the State

1497 Minimum Building Codes under s. 553.73(2) ~~s. 553.73(2)(a)~~ and

1498 shall be transmitted to each local enforcement agency, as

1499 defined in s. 553.71(5). Such local enforcement agency shall

1500 consider and inspect for compliance with such mausoleum

1501 standards as if they were part of the local building code, but

1502 shall have no continuing duty to inspect after final approval of

1503 the construction pursuant to the local building code. Any

1504 further amendments to the mausoleum standards shall be

1505 accomplished by the same procedure. Such designated mausoleum

1506 standards, as from time to time amended, shall be a part of the

1507 State Minimum Building Codes under s. 553.73 until the adoption

1508 and effective date of a new statewide uniform minimum building

1509 code, which may supersede the mausoleum standards as provided by

1510 the law enacting the new statewide uniform minimum building

1511 code.

1512 Reviser's note.—Amended to correct a scrivener's error in

1513 Engrossed C.S. for C.S. for C.S. for H.B. 683, which became

1514 ch. 2025-140, Laws of Florida; that version deleted an

1515 earlier bill version amendment adding paragraphs to s.

1516 553.72(2) but neglected to correct a cross-reference to

1517 that provision updated in the earlier version.

1518 Section 38. Subsection (2) of section 570.321, Florida

1519 Statutes, is amended to read:

1520 570.321 Plant Industry Trust Fund.—

1521 (2) Funds to be credited to and uses of the trust fund

1522 shall be administered in accordance with ss. 581.031, 581.141,

1523 581.211, 581.212, 586.045, 586.15, and 586.16, ~~593.114, and~~

1524 ~~593.117.~~

1525 Reviser's note.—Amended to conform to the repeal of ss. 593.114

1526 and 593.117 by s. 68, ch. 2025-22, Laws of Florida.

1527 Section 39. Paragraph (a) of subsection (1) of section

1528 599.012, Florida Statutes, is amended to read:

1529 599.012 Florida Wine Trust Fund; creation.—

1530 (1) There is established the Florida Wine Trust Fund

1531 within the Department of Agriculture and Consumer Services. The

1532 department shall use the moneys deposited in the trust fund

1533 pursuant to subsection (2) to do all the following:

1534 (a) Develop and coordinate the implementation of the State

1535 Wine ~~Viticulture~~ Plan.

1536 Reviser's note.—Amended to confirm an editorial substitution to

1537 conform to the renaming of the plan by s. 71, ch. 2025-22,

1538 Laws of Florida.

1539 Section 40. Subsection (4) of section 679.3171, Florida Statutes, is amended to read:

1541 679.3171 Interests that take priority over or take free of

1542 security interest or agricultural lien.—

1543 (4) Subject to subsections (6)-(8), a licensee of a

1544 general intangible or a buyer, other than a secured party, of

1545 collateral other than electronic money, ~~tangible documents,~~

1546 goods, instruments, tangible documents, or a certificated

1547 security takes free of a security interest if the licensee or

1548 buyer gives value without knowledge of the security interest and

1549 before it is perfected.

1550 Reviser's note.—Amended to confirm an editorial deletion to

1551 remove duplicative language.

1552 Section 41. Paragraph (a) of subsection (3) of section

1553 679.613, Florida Statutes, is amended to read:

1554 679.613 Contents and form of notification before

1555 disposition of collateral; general.—Except in a consumer-goods

1556 transaction, the following rules apply:

1557 (3) The contents of a notification providing substantially

1558 the information specified in subsection (1) are sufficient, even

1559 if the notification includes:

1560 (a) Information not specified by that subsection

1561 ~~paragraph;~~ or

1562 Reviser's note.—Amended to conform to context.

1563 Section 42. Paragraph (d) of subsection (1) and paragraph

1564 (g) of subsection (12) of section 718.111, Florida Statutes, are amended to read:

1566 718.111 The association.—

1567 (1) CORPORATE ENTITY.—

1568 (d) As required by s. 617.0830, an officer, director, or

1569 agent shall discharge his or her duties in good faith, with the

1570 care an ordinarily prudent person in a like position would

1571 exercise under similar circumstances, and in a manner he or she

1572 reasonably believes to be in the interests of the association.

1573 An officer, director, or agent shall be liable for monetary

1574 damages as provided in s. 617.0834 if such officer, director, or

1575 agent breached or failed to perform his or her duties and the

1576 breach of, or failure to perform, his or her duties constitutes

1577 a violation of criminal law as provided in s. 617.0834;

1578 constitutes a transaction from which the officer or director

1579 derived an improper personal benefit, either directly or

1580 indirectly; or constitutes recklessness or an act or omission

1581 that was in bad faith, with malicious purpose, or in a manner

1582 exhibiting wanton and willful disregard of human rights, safety,

1583 or property. Forgery of a ballot envelope or voting certificate

1584 used in a condominium association election is punishable as

1585 provided in s. 831.01, the theft or embezzlement of funds of a

1586 condominium association is punishable as provided in s. 812.014,

1587 and the destruction of or the refusal to allow inspection or

1588 copying of an official record of a condominium association that

1589 is accessible to unit owners within the time periods required by

1590 general law in furtherance of any crime is punishable as

1591 tampering with physical evidence as provided in s. 918.13 or as

1592 obstruction of justice as provided in chapter 843. An officer or

1593 director charged by information or indictment with a crime

1594 referenced in this paragraph must be removed from office, and

1595 the vacancy shall be filled as provided in s. 718.112(2)(d)3. s.

1596 ~~718.112(2)(d)2.~~ until the end of the officer's or director's

1597 period of suspension or the end of his or her term of office,

1598 whichever occurs first. If a criminal charge is pending against

1599 the officer or director, he or she may not be appointed or

1600 elected to a position as an officer or a director of any

1601 association and may not have access to the official records of

1602 any association, except pursuant to a court order. However, if

1603 the charges are resolved without a finding of guilt, the officer

1604 or director must be reinstated for the remainder of his or her

1605 term of office, if any.

1606 (12) OFFICIAL RECORDS.—

1607 (g)1. An association managing a condominium with 25 or

1608 more units which does not contain timeshare units shall post

1609 digital copies of the documents specified in subparagraph 2. on

1610 its website or make such documents available through an

1611 application that can be downloaded on a mobile device. Unless a

1612 shorter period is otherwise required, a document must be made

1613 available on the association's website or made available for

1614 download through an application on a mobile device within 30

1615 days after the association receives or creates an official

1616 record specified in subparagraph 2.

1617 a. The association's website or application must be:

1618 (I) An independent website, application, or web portal

1619 wholly owned and operated by the association; or

1620 (II) A website, application, or web portal operated by a

1621 third-party provider with whom the association owns, leases,

1622 rents, or otherwise obtains the right to operate a web page,

1623 subpage, web portal, collection of subpages or web portals, or

1624 an application which is dedicated to the association's

1625 activities and on which required notices, records, and documents

1626 may be posted or made available by the association.

1627 b. The association's website or application must be

1628 accessible through the Internet and must contain a subpage, web

1629 portal, or other protected electronic location that is

1630 inaccessible to the general public and accessible only to unit

1631 owners and employees of the association.

1632 c. Upon a unit owner's written request, the association

1633 must provide the unit owner with a username and password and

1634 access to the protected sections of the association's website or

1635 application which contain any notices, records, or documents

1636 that must be electronically provided.

1637 2. A current copy of the following documents must be

1638 posted in digital format on the association's website or

1639 application:

1640 a. The recorded declaration of condominium of each

1641 condominium operated by the association and each amendment to

1642 each declaration.

1643 b. The recorded bylaws of the association and each

1644 amendment to the bylaws.

1645 c. The articles of incorporation of the association, or

1646 other documents creating the association, and each amendment to

1647 the articles of incorporation or other documents. The copy

1648 posted pursuant to this sub-subparagraph must be a copy of the

1649 articles of incorporation filed with the Department of State.

1650 d. The rules of the association.

1651 e. The approved minutes of all board of administration

1652 meetings over the preceding 12 months.

1653 f. The video recording or a hyperlink to the video

1654 recording for all meetings of the association, the board of

1655 administration, any committee, and the unit owners which are

1656 conducted by video conference over the preceding 12 months.

1657 g. A list of all executory contracts or documents to which

1658 the association is a party or under which the association or the

1659 unit owners have an obligation or responsibility and, after

1660 bidding for the related materials, equipment, or services has

1661 closed, a list of bids received by the association within the

1662 past year. Summaries of bids for materials, equipment, or

1663 services which exceed $500 must be maintained on the website or

1664 application for 1 year. In lieu of summaries, complete copies of

1665 the bids may be posted.

1666 h. The annual budget required by s. 718.112(2)(f) and any

1667 proposed budget to be considered at the annual meeting.

1668 i. The financial report required by subsection (13) and

1669 any monthly income or expense statement to be considered at a

1670 meeting.

1671 j. The certification of each director required by s.

1672 718.112(2)(d)5.b. ~~s. 718.112(2)(d)4.b.~~

1673 k. All contracts or transactions between the association

1674 and any director, officer, corporation, firm, or association

1675 that is not an affiliated condominium association or any other

1676 entity in which an association director is also a director or

1677 officer and financially interested.

1678 l. Any contract or document regarding a conflict of

1679 interest or possible conflict of interest as provided in ss.

1680 468.4335, 468.436(2)(b)6., and 718.3027(3).

1681 m. The notice of any unit owner meeting and the agenda for

1682 the meeting, as required by s. 718.112(2)(d)4. s.

1683 ~~718.112(2)(d)3.,~~ no later than 14 days before the meeting. The

1684 notice must be posted in plain view on the front page of the

1685 website or application, or on a separate subpage of the website

1686 or application labeled "Notices" which is conspicuously visible

1687 and linked from the front page. The association must also post

1688 on its website or application any document to be considered and

1689 voted on by the owners during the meeting or any document listed

1690 on the agenda at least 7 days before the meeting at which the

1691 document or the information within the document will be

1692 considered.

1693 n. Notice of any board meeting, the agenda, and any other

1694 document required for the meeting as required by s.

1695 718.112(2)(c), which must be posted no later than the date

1696 required for notice under s. 718.112(2)(c).

1697 o. The inspection reports described in ss. 553.899 and

1698 718.301(4)(p) and any other inspection report relating to a

1699 structural or life safety inspection of condominium property.

1700 p. The association's most recent structural integrity

1701 reserve study, if applicable.

1702 q. Copies of all building permits issued for ongoing or

1703 planned construction.

1704 r. A copy of all affidavits required by this chapter.

1705 3. The association shall ensure that the information and

1706 records described in paragraph (c), which are not allowed to be

1707 accessible to unit owners, are not posted on the association's

1708 website or application. If protected information or information

1709 restricted from being accessible to unit owners is included in

1710 documents that are required to be posted on the association's

1711 website or application, the association shall ensure the

1712 information is redacted before posting the documents.

1713 Notwithstanding the foregoing, the association or its agent is

1714 not liable for disclosing information that is protected or

1715 restricted under this paragraph unless such disclosure was made

1716 with a knowing or intentional disregard of the protected or

1717 restricted nature of such information.

1718 4. The failure of the association to post information

1719 required under subparagraph 2. is not in and of itself

1720 sufficient to invalidate any action or decision of the

1721 association's board or its committees.

1722 Reviser's note.—Amended to correct cross-references to conform

1723 to the redesignation of subunits in s. 718.112(2)(d) by s.

1724 8, ch. 2025-175, Laws of Florida.

1725 Section 43. Paragraphs (b) and (d) of subsection (2) of

1726 section 718.112, Florida Statutes, are amended to read:

1727 718.112 Bylaws.—

1728 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the

1729 following and, if they do not do so, shall be deemed to include

1730 the following:

1731 (b) Quorum; voting requirements; proxies.—

1732 1. Unless a lower number is provided in the bylaws, the

1733 percentage of voting interests required to constitute a quorum

1734 at a meeting of the members is a majority of the voting

1735 interests. Unless otherwise provided in this chapter or in the

1736 declaration, articles of incorporation, or bylaws, and except as

1737 provided in subparagraph (d)5. ~~(d)4.,~~ decisions shall be made by

1738 a majority of the voting interests represented at a meeting at

1739 which a quorum is present.

1740 2. Except as specifically otherwise provided herein, unit

1741 owners in a residential condominium may not vote by general

1742 proxy, but may vote by limited proxies substantially conforming

1743 to a limited proxy form adopted by the division. A voting

1744 interest or consent right allocated to a unit owned by the

1745 association may not be exercised or considered for any purpose,

1746 whether for a quorum, an election, or otherwise. Limited proxies

1747 and general proxies may be used to establish a quorum. Limited

1748 proxies shall be used for votes taken to waive or reduce

1749 reserves in accordance with subparagraph (f)2.; for votes taken

1750 to waive the financial reporting requirements of s. 718.111(13);

1751 for votes taken to amend the declaration pursuant to s. 718.110;

1752 for votes taken to amend the articles of incorporation or bylaws

1753 pursuant to this section; and for any other matter for which

1754 this chapter requires or permits a vote of the unit owners.

1755 Except as provided in paragraph (d), a proxy, limited or

1756 general, may not be used in the election of board members in a

1757 residential condominium. General proxies may be used for other

1758 matters for which limited proxies are not required, and may be

1759 used in voting for nonsubstantive changes to items for which a

1760 limited proxy is required and given. Notwithstanding this

1761 subparagraph, unit owners may vote in person at unit owner

1762 meetings. This subparagraph does not limit the use of general

1763 proxies or require the use of limited proxies for any agenda

1764 item or election at any meeting of a timeshare condominium

1765 association or a nonresidential condominium association.

1766 3. A proxy given is effective only for the specific

1767 meeting for which originally given and any lawfully adjourned

1768 meetings thereof. A proxy is not valid longer than 90 days after

1769 the date of the first meeting for which it was given. Each proxy

1770 is revocable at any time at the pleasure of the unit owner

1771 executing it.

1772 4. A member of the board of administration or a committee

1773 may submit in writing his or her agreement or disagreement with

1774 any action taken at a meeting that the member did not attend.

1775 This agreement or disagreement may not be used as a vote for or

1776 against the action taken or to create a quorum.

1777 5. A board meeting may be conducted in person or by video

1778 conference. A board or committee member's participation in a

1779 meeting via telephone, real-time videoconferencing, or similar

1780 real-time electronic or video communication counts toward a

1781 quorum, and such member may vote as if physically present. A

1782 speaker must be used so that the conversation of such members

1783 may be heard by the board or committee members attending in

1784 person as well as by any unit owners present at a meeting. The

1785 division shall adopt rules pursuant to ss. 120.536 and 120.54

1786 governing the requirements for meetings.

1787 (d) Unit owner meetings.—

1788 1. An annual meeting of the unit owners must be held at

1789 the location provided in the association bylaws and, if the

1790 bylaws are silent as to the location, the meeting must be held

1791 within 15 miles of the condominium property or within the same

1792 county as the condominium property. However, such distance

1793 requirement does not apply to an association governing a

1794 timeshare condominium. If a unit owner meeting is conducted via

1795 video conference, a unit owner may vote electronically in the

1796 manner provided in s. 718.128.

1797 2. Unit owner meetings, including the annual meeting of

1798 the unit owners, may be conducted in person or via video

1799 conference. If the annual meeting of the unit owners is

1800 conducted via video conference, a quorum of the members of the

1801 board of administration must be physically present at the

1802 physical location where unit owners can attend the meeting. The

1803 location must be provided in the association bylaws and, if the

1804 bylaws are silent as to the location, the meeting must be held

1805 within 15 miles of the condominium property or within the same

1806 county as the condominium property. If the unit owner meeting is

1807 conducted via video conference, the video conference must be

1808 recorded and such recording must be maintained as an official

1809 record of the association. The division shall adopt rules

1810 pursuant to ss. 120.536 and 120.54 governing the requirements

1811 for meetings.

1812 3. Unless the bylaws provide otherwise, a vacancy on the

1813 board caused by the expiration of a director's term must be

1814 filled by electing a new board member, and the election must be

1815 by secret ballot. An election is not required if the number of

1816 vacancies equals or exceeds the number of candidates. For

1817 purposes of this paragraph, the term "candidate" means an

1818 eligible person who has timely submitted the written notice, as

1819 described in sub-subparagraph 5.a. ~~4.a.,~~ of his or her intention

1820 to become a candidate. Except in a timeshare or nonresidential

1821 condominium, or if the staggered term of a board member does not

1822 expire until a later annual meeting, or if all members' terms

1823 would otherwise expire but there are no candidates, the terms of

1824 all board members expire at the annual meeting, and such members

1825 may stand for reelection unless prohibited by the bylaws. Board

1826 members may serve terms longer than 1 year if permitted by the

1827 bylaws or articles of incorporation. A board member may not

1828 serve more than 8 consecutive years unless approved by an

1829 affirmative vote of unit owners representing two-thirds of all

1830 votes cast in the election or unless there are not enough

1831 eligible candidates to fill the vacancies on the board at the

1832 time of the vacancy. Only board service that occurs on or after

1833 July 1, 2018, may be used when calculating a board member's term

1834 limit. If the number of board members whose terms expire at the

1835 annual meeting equals or exceeds the number of candidates, the

1836 candidates become members of the board effective upon the

1837 adjournment of the annual meeting. Unless the bylaws provide

1838 otherwise, any remaining vacancies shall be filled by the

1839 affirmative vote of the majority of the directors making up the

1840 newly constituted board even if the directors constitute less

1841 than a quorum or there is only one director. In a residential

1842 condominium association of more than 10 units or in a

1843 residential condominium association that does not include

1844 timeshare units or timeshare interests, co-owners of a unit may

1845 not serve as members of the board of directors at the same time

1846 unless they own more than one unit or unless there are not

1847 enough eligible candidates to fill the vacancies on the board at

1848 the time of the vacancy. A unit owner in a residential

1849 condominium desiring to be a candidate for board membership must

1850 comply with sub-subparagraph 5.a. ~~4.a.~~ and must be eligible to

1851 be a candidate to serve on the board of directors at the time of

1852 the deadline for submitting a notice of intent to run in order

1853 to have his or her name listed as a proper candidate on the

1854 ballot or to serve on the board. A person who has been suspended

1855 or removed by the division under this chapter, or who is

1856 delinquent in the payment of any assessment due to the

1857 association, is not eligible to be a candidate for board

1858 membership and may not be listed on the ballot. For purposes of

1859 this paragraph, a person is delinquent if a payment is not made

1860 by the due date as specifically identified in the declaration of

1861 condominium, bylaws, or articles of incorporation. If a due date

1862 is not specifically identified in the declaration of

1863 condominium, bylaws, or articles of incorporation, the due date

1864 is the first day of the assessment period. A person who has been

1865 convicted of any felony in this state or in a United States

1866 District or Territorial Court, or who has been convicted of any

1867 offense in another jurisdiction which would be considered a

1868 felony if committed in this state, is not eligible for board

1869 membership unless such felon's civil rights have been restored

1870 for at least 5 years as of the date such person seeks election

1871 to the board. The validity of an action by the board is not

1872 affected if it is later determined that a board member is

1873 ineligible for board membership due to having been convicted of

1874 a felony. This subparagraph does not limit the term of a member

1875 of the board of a nonresidential or timeshare condominium.

1876 4. The bylaws must provide the method of calling meetings

1877 of unit owners, including annual meetings. Written notice of an

1878 annual meeting must include an agenda; be mailed, hand

1879 delivered, or electronically transmitted to each unit owner at

1880 least 14 days before the annual meeting; and be posted in a

1881 conspicuous place on the condominium property or association

1882 property at least 14 continuous days before the annual meeting.

1883 Written notice of a meeting other than an annual meeting must

1884 include an agenda; be mailed, hand delivered, or electronically

1885 transmitted to each unit owner; and be posted in a conspicuous

1886 place on the condominium property or association property within

1887 the timeframe specified in the bylaws. If the bylaws do not

1888 specify a timeframe for written notice of a meeting other than

1889 an annual meeting, notice must be provided at least 14

1890 continuous days before the meeting. Upon notice to the unit

1891 owners, the board shall, by duly adopted rule, designate a

1892 specific location on the condominium property or association

1893 property at which all notices of unit owner meetings must be

1894 posted. This requirement does not apply if there is no

1895 condominium property for posting notices. In addition to the

1896 physical posting of meeting notices, the association may, by

1897 reasonable rule, adopt a procedure for conspicuously posting and

1898 repeatedly broadcasting the notice and the agenda on a closed-

1899 circuit cable television system serving the condominium

1900 association. If broadcast notice is provided, the notice and

1901 agenda must be broadcast in a manner and for a sufficient

1902 continuous length of time so as to allow an average reader to

1903 observe the notice and read and comprehend the entire content of

1904 the notice and the agenda. In addition to any of the authorized

1905 means of providing notice of a meeting of the board, the

1906 association may, by rule, adopt a procedure for conspicuously

1907 posting the meeting notice and the agenda on a website serving

1908 the condominium association for at least the minimum period of

1909 time for which a notice of a meeting is also required to be

1910 physically posted on the condominium property. Any rule adopted

1911 shall, in addition to other matters, include a requirement that

1912 the association send an electronic notice in the same manner as

1913 a notice for a meeting of the members, which must include a

1914 hyperlink to the website at which the notice is posted, to unit

1915 owners whose e-mail addresses are included in the association's

1916 official records. Unless a unit owner waives in writing the

1917 right to receive notice of the annual meeting, such notice must

1918 be hand delivered, mailed, or electronically transmitted to each

1919 unit owner. Notice for meetings and notice for all other

1920 purposes must be mailed to each unit owner at the address last

1921 furnished to the association by the unit owner, or hand

1922 delivered to each unit owner. However, if a unit is owned by

1923 more than one person, the association must provide notice to the

1924 address that the developer identifies for that purpose and

1925 thereafter as one or more of the owners of the unit advise the

1926 association in writing, or if no address is given or the owners

1927 of the unit do not agree, to the address provided on the deed of

1928 record. An officer of the association, or the manager or other

1929 person providing notice of the association meeting, must provide

1930 an affidavit or United States Postal Service certificate of

1931 mailing, to be included in the official records of the

1932 association affirming that the notice was mailed or hand

1933 delivered in accordance with this provision.

1934 5. The members of the board of a residential condominium

1935 shall be elected by written ballot or voting machine. Proxies

1936 may not be used in electing the board in general elections or

1937 elections to fill vacancies caused by recall, resignation, or

1938 otherwise, unless otherwise provided in this chapter. This

1939 subparagraph does not apply to an association governing a

1940 timeshare condominium.

1941 a. At least 60 days before a scheduled election, the

1942 association shall mail, deliver, or electronically transmit, by

1943 separate association mailing or included in another association

1944 mailing, delivery, or transmission, including regularly

1945 published newsletters, to each unit owner entitled to a vote, a

1946 first notice of the date of the election. A unit owner or other

1947 eligible person desiring to be a candidate for the board must

1948 give written notice of his or her intent to be a candidate to

1949 the association at least 40 days before a scheduled election.

1950 Together with the written notice and agenda as set forth in

1951 subparagraph 4. ~~3.,~~ the association shall mail, deliver, or

1952 electronically transmit a second notice of the election to all

1953 unit owners entitled to vote, together with a ballot that lists

1954 all candidates not less than 14 days or more than 34 days before

1955 the date of the election. Upon request of a candidate, an

1956 information sheet, no larger than 8 1/2 inches by 11 inches,

1957 which must be furnished by the candidate at least 35 days before

1958 the election, must be included with the mailing, delivery, or

1959 transmission of the ballot, with the costs of mailing, delivery,

1960 or electronic transmission and copying to be borne by the

1961 association. The association is not liable for the contents of

1962 the information sheets prepared by the candidates. In order to

1963 reduce costs, the association may print or duplicate the

1964 information sheets on both sides of the paper. The division

1965 shall by rule establish voting procedures consistent with this

1966 sub-subparagraph, including rules establishing procedures for

1967 giving notice by electronic transmission and rules providing for

1968 the secrecy of ballots. Elections shall be decided by a

1969 plurality of ballots cast. There is no quorum requirement;

1970 however, at least 20 percent of the eligible voters must cast a

1971 ballot in order to have a valid election. A unit owner may not

1972 authorize any other person to vote his or her ballot, and any

1973 ballots improperly cast are invalid. A unit owner who violates

1974 this provision may be fined by the association in accordance

1975 with s. 718.303. A unit owner who needs assistance in casting

1976 the ballot for the reasons stated in s. 101.051 may obtain such

1977 assistance. The regular election must occur on the date of the

1978 annual meeting. Notwithstanding this sub-subparagraph, an

1979 election is not required unless more candidates file notices of

1980 intent to run or are nominated than board vacancies exist.

1981 b. A director of a board of an association of a

1982 residential condominium shall:

1983 (I) Certify in writing to the secretary of the association

1984 that he or she has read the association's declaration of

1985 condominium, articles of incorporation, bylaws, and current

1986 written policies; that he or she will work to uphold such

1987 documents and policies to the best of his or her ability; and

1988 that he or she will faithfully discharge his or her fiduciary

1989 responsibility to the association's members.

1990 (II) Submit to the secretary of the association a

1991 certificate of having satisfactorily completed the educational

1992 curriculum administered by the division or a division-approved

1993 condominium education provider. The educational curriculum must

1994 be at least 4 hours long and include instruction on milestone

1995 inspections, structural integrity reserve studies, elections,

1996 recordkeeping, financial literacy and transparency, levying of

1997 fines, and notice and meeting requirements.

1999 Each newly elected or appointed director must submit to the

2000 secretary of the association the written certification and

2001 educational certificate within 1 year before being elected or

2002 appointed or 90 days after the date of election or appointment.

2003 A director of an association of a residential condominium who

2004 was elected or appointed before July 1, 2024, must comply with

2005 the written certification and educational certificate

2006 requirements in this sub-subparagraph by June 30, 2025. The

2007 written certification and educational certificate is valid for 7

2008 years after the date of issuance and does not have to be

2009 resubmitted as long as the director serves on the board without

2010 interruption during the 7-year period. A director who is

2011 appointed by the developer may satisfy the educational

2012 certificate requirement in sub-sub-subparagraph (II) for any

2013 subsequent appointment to a board by a developer within 7 years

2014 after the date of issuance of the most recent educational

2015 certificate, including any interruption of service on a board or

2016 appointment to a board in another association within that 7-year

2017 period. One year after submission of the most recent written

2018 certification and educational certificate, and annually

2019 thereafter, a director of an association of a residential

2020 condominium must submit to the secretary of the association a

2021 certificate of having satisfactorily completed at least 1 hour

2022 of continuing education administered by the division, or a

2023 division-approved condominium education provider, relating to

2024 any recent changes to this chapter and the related

2025 administrative rules during the past year. A director of an

2026 association of a residential condominium who fails to timely

2027 file the written certification and educational certificate is

2028 suspended from service on the board until he or she complies

2029 with this sub-subparagraph. The board may temporarily fill the

2030 vacancy during the period of suspension. The secretary shall

2031 cause the association to retain a director's written

2032 certification and educational certificate for inspection by the

2033 members for 7 years after a director's election or the duration

2034 of the director's uninterrupted tenure, whichever is longer.

2035 Failure to have such written certification and educational

2036 certificate on file does not affect the validity of any board

2037 action.

2038 c. Any challenge to the election process must be commenced

2039 within 60 days after the election results are announced.

2040 6. Any approval by unit owners called for by this chapter

2041 or the applicable declaration or bylaws, including, but not

2042 limited to, the approval requirement in s. 718.111(8), must be

2043 made at a duly noticed meeting of unit owners and is subject to

2044 all requirements of this chapter or the applicable condominium

2045 documents relating to unit owner decisionmaking, except that

2046 unit owners may take action by written agreement, without

2047 meetings, on matters for which action by written agreement

2048 without meetings is expressly allowed by the applicable bylaws

2049 or declaration or any law that provides for such action.

2050 7. Unit owners may waive notice of specific meetings if

2051 allowed by the applicable bylaws or declaration or any law.

2052 Notice of meetings of the board of administration; unit owner

2053 meetings, except unit owner meetings called to recall board

2054 members under paragraph (l); and committee meetings may be given

2055 by electronic transmission to unit owners who consent to receive

2056 notice by electronic transmission. A unit owner who consents to

2057 receiving notices by electronic transmission is solely

2058 responsible for removing or bypassing filters that block receipt

2059 of mass e-mails sent to members on behalf of the association in

2060 the course of giving electronic notices.

2061 8. Unit owners have the right to participate in meetings

2062 of unit owners with reference to all designated agenda items.

2063 However, the association may adopt reasonable rules governing

2064 the frequency, duration, and manner of unit owner participation.

2065 9. A unit owner may tape record or videotape a meeting of

2066 the unit owners subject to reasonable rules adopted by the

2067 division.

2068 10. Unless otherwise provided in the bylaws, any vacancy

2069 occurring on the board before the expiration of a term may be

2070 filled by the affirmative vote of the majority of the remaining

2071 directors, even if the remaining directors constitute less than

2072 a quorum, or by the sole remaining director. In the alternative,

2073 a board may hold an election to fill the vacancy, in which case

2074 the election procedures must conform to sub-subparagraph 5.a.

2075 ~~4.a.~~ unless the association governs 10 units or fewer and has

2076 opted out of the statutory election process, in which case the

2077 bylaws of the association control. Unless otherwise provided in

2078 the bylaws, a board member appointed or elected under this

2079 section shall fill the vacancy for the unexpired term of the

2080 seat being filled. Filling vacancies created by recall is

2081 governed by paragraph (l) and rules adopted by the division.

2082 11. This chapter does not limit the use of general or

2083 limited proxies, require the use of general or limited proxies,

2084 or require the use of a written ballot or voting machine for any

2085 agenda item or election at any meeting of a timeshare

2086 condominium association or nonresidential condominium

2087 association.

2089 Notwithstanding subparagraph (b)2. and sub-subparagraph 5.a.

2090 ~~4.a.,~~ an association of 10 or fewer units may, by affirmative

2091 vote of a majority of the total voting interests, provide for

2092 different voting and election procedures in its bylaws, which

2093 may be by a proxy specifically delineating the different voting

2094 and election procedures. The different voting and election

2095 procedures may provide for elections to be conducted by limited

2096 or general proxy.

2097 Reviser's note.—Amended to correct cross-references to conform

2098 to the redesignation of subunits in paragraph (2)(d) by s.

2099 8, ch. 2025-175, Laws of Florida.

2100 Section 44. Paragraph (c) of subsection (2) of section

2101 718.501, Florida Statutes, is amended to read:

2102 718.501 Authority, responsibility, and duties of Division

2103 of Florida Condominiums, Timeshares, and Mobile Homes.—

2104 (2)

2105 (c) On the certification form provided by the division,

2106 the directors of the association shall certify that each

2107 director of the association has completed the written

2108 certification and educational certificate requirements in s.

2109 718.112(2)(d)5.b. ~~s. 718.112(2)(d)4.b.~~ This certification

2110 requirement does not apply to the directors of an association

2111 governing a timeshare condominium.

2112 Reviser's note.—Amended to correct a cross-reference to conform

2113 to the redesignation of subunits in s. 718.112(2)(d) by s.

2114 8, ch. 2025-175, Laws of Florida. Section 45. Paragraph (d) of subsection (1) and paragraph

2116 (e) of subsection (2) of section 718.503, Florida Statutes, are

2117 amended to read:

2118 718.503 Developer disclosure prior to sale; nondeveloper

2119 unit owner disclosure prior to sale; voidability.—

2120 (1) DEVELOPER DISCLOSURE.—

2121 (d) Milestone inspection, turnover inspection report, or

2122 structural integrity reserve study.—If the association is

2123 required to have completed a milestone inspection as described

2124 in s. 553.899, a turnover inspection report for a turnover

2125 inspection performed on or after July 1, 2023, or a structural

2126 integrity reserve study, and the association has not completed

2127 the milestone inspection, the turnover inspection report, or the

2128 structural integrity reserve study, each contract entered into

2129 after December 31, 2024, for the sale of a residential unit

2130 shall contain in conspicuous type a statement indicating that

2131 the association is required to have a milestone inspection, a

2132 turnover inspection report, or a structural integrity reserve

2133 study and has not completed such inspection, report, or study,

2134 as appropriate. If the association is not required to have a

2135 milestone inspection as described in s. 553.899 or a structural

2136 integrity reserve study, each contract entered into after

2137 December 31, 2024, for the sale of a residential unit shall

2138 contain in conspicuous type a statement indicating that the

2139 association is not required to have a milestone inspection or a

2140 structural integrity reserve study, as appropriate. If the

2141 association has completed a milestone inspection as described in

2142 s. 553.899, a turnover inspection report for a turnover

2143 inspection performed on or after July 1, 2023, or a structural

2144 integrity reserve study, each contract entered into after

2145 December 31, 2024, for the sale of a residential unit shall

2146 contain in conspicuous type:

2147 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES

2148 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-

2149 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED

2150 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF

2151 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION

2152 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A

2153 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY

2154 RESERVE STUDY DESCRIBED IN SECTIONS 718.103(28) ~~718.103(26)~~ AND

2155 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15

2156 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE

2157 EXECUTION OF THIS CONTRACT; and

2158 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY

2159 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO

2160 CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL

2161 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE

2162 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-

2163 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED

2164 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF

2165 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION

2166 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A

2167 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY

2168 RESERVE STUDY DESCRIBED IN SECTIONS 718.103(28) ~~718.103(26)~~ AND

2169 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED

2170 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER

2171 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15

2172 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER

2173 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED

2174 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN

2175 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER

2176 INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),

2177 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT

2178 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS

2179 718.103(28) ~~718.103(26)~~ AND 718.112(2)(g), FLORIDA STATUTES, IF

2180 REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL

2181 TERMINATE AT CLOSING.

2183 A contract that does not conform to the requirements of this

2184 paragraph is voidable at the option of the purchaser before

2185 closing.

2186 (2) NONDEVELOPER DISCLOSURE.—

2187 (e) If the association is required to have completed a

2188 milestone inspection as described in s. 553.899, a turnover

2189 inspection report for a turnover inspection performed on or

2190 after July 1, 2023, or a structural integrity reserve study, and

2191 the association has not completed the milestone inspection, the

2192 turnover inspection report, or the structural integrity reserve

2193 study, each contract entered into after December 31, 2024, for

2194 the sale of a residential unit shall contain in conspicuous type

2195 a statement indicating that the association is required to have

2196 a milestone inspection, a turnover inspection report, or a

2197 structural integrity reserve study and has not completed such

2198 inspection, report, or study, as appropriate. If the association

2199 is not required to have a milestone inspection as described in

2200 s. 553.899 or a structural integrity reserve study, each

2201 contract entered into after December 31, 2024, for the sale of a

2202 residential unit shall contain in conspicuous type a statement

2203 indicating that the association is not required to have a

2204 milestone inspection or a structural integrity reserve study, as

2205 appropriate. If the association has completed a milestone

2206 inspection as described in s. 553.899, a turnover inspection

2207 report for a turnover inspection performed on or after July 1,

2208 2023, or a structural integrity reserve study, each contract

2209 entered into after December 31, 2024, for the resale of a

2210 residential unit shall contain in conspicuous type:

2211 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES

2212 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-

2213 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED

2214 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF

2215 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION

2216 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A

2217 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY

2218 RESERVE STUDY DESCRIBED IN SECTIONS 718.103(28) ~~718.103(26)~~ AND

2219 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7

2220 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE

2221 EXECUTION OF THIS CONTRACT; and

2222 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY

2223 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO

2224 CANCEL WITHIN 7 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL

2225 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE

2226 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-

2227 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED

2228 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF

2229 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION

2230 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A

2231 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY

2232 RESERVE STUDY DESCRIBED IN SECTIONS 718.103(28) ~~718.103(26)~~ AND

2233 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED

2234 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER

2235 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7

2236 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER

2237 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED

2238 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN

2239 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER

2240 INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),

2241 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT

2242 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS

2243 718.103(28) ~~718.103(26)~~ AND 718.112(2)(g), FLORIDA STATUTES, IF

2244 REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL

2245 TERMINATE AT CLOSING.

2247 A contract that does not conform to the requirements of this

2248 paragraph is voidable at the option of the purchaser before

2249 closing.

2250 Reviser's note.—Amended to correct a cross-reference to conform

2251 to the redesignation of subunits in s. 718.103 by s. 5, ch.

2252 2024-244, Laws of Florida.

2253 Section 46. Paragraph (j) of subsection (1) of section

2254 719.106, Florida Statutes, is amended to read:

2255 719.106 Bylaws; cooperative ownership.—

2256 (1) MANDATORY PROVISIONS.—The bylaws or other cooperative

2257 documents shall provide for the following, and if they do not,

2258 they shall be deemed to include the following:

2259 (j) Annual budget.—

2260 1. The proposed annual budget of common expenses must be

2261 detailed and must show the amounts budgeted by accounts and

2262 expense classifications, including, if applicable, but not

2263 limited to, those expenses listed in s. 719.504(20). The board

2264 of administration shall adopt the annual budget at least 14 days

2265 before the start of the association's fiscal year. In the event

2266 that the board fails to timely adopt the annual budget a second

2267 time, it is deemed a minor violation and the prior year's budget

2268 shall continue in effect until a new budget is adopted.

2269 2.a. In addition to annual operating expenses, the budget

2270 must include reserve accounts for capital expenditures and

2271 deferred maintenance. These accounts must include, but not be

2272 limited to, roof replacement, building painting, and pavement

2273 resurfacing, regardless of the amount of deferred maintenance

2274 expense or replacement cost, and for any other items for which

2275 the deferred maintenance expense or replacement cost exceeds

2276 $25,000 or the inflation-adjusted amount determined by the

2277 division under subparagraph 6., whichever amount is greater. The

2278 amount to be reserved must be computed by means of a formula

2279 which is based upon estimated remaining useful life and

2280 estimated replacement cost or deferred maintenance expense of

2281 the reserve item. In a budget adopted by an association that is

2282 required to obtain a structural integrity reserve study,

2283 reserves must be maintained for the items identified in

2284 paragraph (k) for which the association is responsible pursuant

2285 to the declaration, and the reserve amount for such items must

2286 be based on the findings and recommendations of the

2287 association's most recent structural integrity reserve study.

2288 With respect to items for which an estimate of useful life is

2289 not readily ascertainable or with an estimated remaining useful

2290 life of greater than 25 years, an association is not required to

2291 reserve replacement costs for such items, but an association

2292 must reserve the amount of deferred maintenance expense, if any,

2293 which is recommended by the structural integrity reserve study

2294 for such items. The association may adjust replacement reserve

2295 assessments annually to take into account an inflation

2296 adjustment and any changes in estimates or extension of the

2297 useful life of a reserve item caused by deferred maintenance.

2298 b. The members of a unit-owner-controlled association may

2299 determine, by a majority vote of the total voting interests of

2300 the association, for a fiscal year to provide no reserves or

2301 reserves less adequate than required by this subsection. Before

2302 turnover of control of an association by a developer to unit

2303 owners other than a developer under s. 719.301, the developer-

2304 controlled association may not vote to waive the reserves or

2305 reduce funding of the reserves.

2306 c. For a budget adopted on or after December 31, 2024, a

2307 unit-owner-controlled association that must obtain a structural

2308 integrity reserve study may not determine to provide no reserves

2309 or reserves less adequate than required by this paragraph for

2310 items listed in paragraph (k). If a meeting of the unit owners

2311 has been called to determine to provide no reserves, or reserves

2312 less adequate than required, and such result is not attained or

2313 a quorum is not attained, the reserves as included in the budget

2314 shall go into effect.

2315 d. If the local building official as defined in s.

2316 468.603, determines that the entire cooperative building is

2317 uninhabitable due to a natural emergency as defined in s.

2318 252.34, the board may pause the contribution to its reserves or

2319 reduce reserve funding until the local building official

2320 determines that the cooperative building is habitable. Any

2321 reserve account funds held by the association may be expended,

2322 pursuant to the board's determination, to make the cooperative

2323 building and its structures habitable. Upon the determination by

2324 the local building official that the cooperative building is

2325 habitable, the association must immediately resume contributing

2326 funds to its reserves.

2327 3.a.(I) Reserves for the items identified in paragraph (k)

2328 ~~(g)~~ may be funded by regular assessments, special assessments,

2329 lines of credit, or loans. A special assessment, a line of

2330 credit, or a loan under this sub-subparagraph requires the

2331 approval of a majority vote of the total voting interests of the

2332 association.

2333 (II) A unit-owner-controlled association that is required

2334 to have a structural reserve study may secure a line of credit

2335 or a loan to fund capital expenses required by a milestone

2336 inspection under s. 553.899 or a structural integrity reserve

2337 study. The lines of credit or loans must be sufficient to fund

2338 the cumulative amount of any previously waived or unfunded

2339 portion of the reserve funding amount required by this paragraph

2340 and the most recent structural integrity reserve study. Funding

2341 from the line of credit or loans must be immediately available

2342 for access by the board to fund required repair, maintenance, or

2343 replacement expenses without further approval by the members of

2344 the association. A special assessment, a line of credit, or a

2345 loan secured under this sub-subparagraph and related details

2346 must be included in the annual financial statement required

2347 under s. 719.104(4) to be delivered to unit owners and required

2348 under s. 719.503 ~~s. 718.503~~ to be provided to prospective

2349 purchasers of a unit.

2350 b. For a budget adopted on or before December 31, 2028, if

2351 the association has completed a milestone inspection pursuant to

2352 s. 553.899 within the previous 2 calendar years, the board, upon

2353 the approval of a majority of the total voting interests of the

2354 association, may temporarily pause, for a period of no more than

2355 two consecutive annual budgets, reserve fund contributions or

2356 reduce the amount of reserve funding for the purpose of funding

2357 repairs recommended by the milestone inspection. This sub-

2358 subparagraph does not apply to a developer-controlled

2359 association and an association in which the nondeveloper unit

2360 owners have been in control for less than 1 year. An association

2361 that has paused reserve contributions under this sub-

2362 subparagraph must have a structural integrity reserve study

2363 performed before the continuation of reserve contributions in

2364 order to determine the association's reserve funding needs and

2365 to recommend a reserve funding plan.

2366 4. Reserve funds and any interest accruing thereon shall

2367 remain in the reserve account or accounts, and shall be used

2368 only for authorized reserve expenditures unless their use for

2369 other purposes is approved in advance by a vote of the majority

2370 of the total voting interests of the association. Before

2371 turnover of control of an association by a developer to unit

2372 owners other than the developer under s. 719.301, the developer

2373 may not vote to use reserves for purposes other than that for

2374 which they were intended. For a budget adopted on or after

2375 December 31, 2024, members of a unit-owner-controlled

2376 association that must obtain a structural integrity reserve

2377 study may not vote to use reserve funds, or any interest

2378 accruing thereon, for purposes other than the replacement or

2379 deferred maintenance costs of the components listed in paragraph

2380 (k).

2381 5. An association's reserve accounts may be pooled for two

2382 or more required components. Reserve funding for components

2383 identified in paragraph (k) ~~(g)~~ may only be pooled with other

2384 components identified in paragraph (k) ~~(g).~~ The reserve funding

2385 indicated in the proposed annual budget must be sufficient to

2386 ensure that available funds meet or exceed projected expenses

2387 for all components in the reserve pool based on the reserve

2388 funding plan or schedule of the most recent structural integrity

2389 reserve study. A vote of the members is not required for the

2390 board to change the accounting method for reserves to a pooling

2391 accounting method or a straight-line accounting method.

2392 6. The division shall annually adjust for inflation, based

2393 on the Consumer Price Index for All Urban Consumers released in

2394 January of each year, the minimum $25,000 threshold amount for

2395 required reserves. By February 1, 2026, and annually thereafter,

2396 the division must conspicuously post on its website the

2397 inflation-adjusted minimum threshold amount for required

2398 reserves.

2399 Reviser's note.—Amended to correct cross-references to conform

2400 to context. Paragraph (g) relates to common expenses;

2401 paragraph (k) requires structural integrity reserve

2402 studies. Section 718.503 relates to disclosure prior to

2403 sale of residential condominiums; s. 719.503 relates to

2404 disclosure prior to sale of residential cooperatives. Section 47. Paragraph (b) of subsection (4) of section

2406 720.303, Florida Statutes, is amended to read:

2407 720.303 Association powers and duties; meetings of board;

2408 official records; budgets; financial reporting; association

2409 funds; recalls.—

2410 (4) OFFICIAL RECORDS.—

2411 (b)1. By January 1, 2025, an association that has 100 or

2412 more parcels shall post the following documents on its website

2413 or make available such documents through an application that can

2414 be downloaded on a mobile device:

2415 a. The articles of incorporation of the association and

2416 each amendment thereto.

2417 b. The recorded bylaws of the association and each

2418 amendment thereto.

2419 c. The declaration of covenants and a copy of each

2420 amendment thereto.

2421 d. The current rules of the association.

2422 e. A list of all current executory contracts or documents

2423 to which the association is a party or under which the

2424 association or the parcel owners have an obligation or

2425 responsibility and, after bidding for the related materials,

2426 equipment, or services has closed, a list of bids received by

2427 the association within the past year.

2428 f. The annual budget required by subsection (6) and any

2429 proposed budget to be considered at the annual meeting.

2430 g. The financial report required by subsection (7) and any

2431 monthly income or expense statement to be considered at a

2432 meeting.

2433 h. The association's current insurance policies.

2434 i. The certification of each director as required by s.

2435 720.3033(1)(a).

2436 j. All contracts or transactions between the association

2437 and any director, officer, corporation, firm, or association

2438 that is not an affiliated homeowners' association or any other

2439 entity in which a director of an association is also a director

2440 or an officer and has a financial interest.

2441 k. Any contract or document regarding a conflict of

2442 interest or possible conflict of interest as provided in ss.

2443 468.436(2)(b)6. and 720.3033(2).

2444 l. Notice of any scheduled meeting of members and the

2445 agenda for the meeting, as required by s. 720.306, at least 14

2446 days before such meeting. The notice must be posted in plain

2447 view on the homepage of the website or application, or on a

2448 separate subpage of the website or application labeled "Notices"

2449 which is conspicuously visible and linked from the homepage. The

2450 association shall also post on its website or application any

2451 document to be considered and voted on by the members during the

2452 meeting or any document listed on the meeting agenda at least 7

2453 days before the meeting at which such document or information

2454 within the document will be considered.

2455 m. Notice of any board meeting, the agenda, and any other

2456 document required for such meeting as required by subsection (2)

2457 ~~(3),~~ which must be posted on the website or application no later

2458 than the date required for notice under subsection (2) ~~(3).~~

2459 2. The association's website or application must be

2460 accessible through the Internet and must contain a subpage, web

2461 portal, or other protected electronic location that is

2462 inaccessible to the general public and accessible only to parcel

2463 owners and employees of the association.

2464 3. Upon written request by a parcel owner, the association

2465 must provide the parcel owner with a username and password and

2466 access to the protected sections of the association's website or

2467 application which contains the official documents of the

2468 association.

2469 4. The association shall ensure that the information and

2470 records described in paragraph (5)(g), which are not allowed to

2471 be accessible to parcel owners, are not posted on the

2472 association's website or application. If protected information

2473 or information restricted from being accessible to parcel owners

2474 is included in documents that are required to be posted on the

2475 association's website or application, the association must

2476 ensure the information is redacted before posting the documents.

2477 Notwithstanding the foregoing, the association or its authorized

2478 agent is not liable for disclosing information that is protected

2479 or restricted under paragraph (5)(g) unless such disclosure was

2480 made with a knowing or intentional disregard of the protected or

2481 restricted nature of such information.

2482 Reviser's note.—Amended to correct a cross-reference to conform

2483 to the fact that notice requirements are referenced in

2484 subsection (2). Subsection (3) relates to minutes of

2485 meetings.

2486 Section 48. Paragraph (c) of subsection (1) of section

2487 782.071, Florida Statutes, is amended to read:

2488 782.071 Vehicular homicide.—"Vehicular homicide" is the

2489 killing of a human being, or the killing of an unborn child by

2490 any injury to the mother, caused by the operation of a motor

2491 vehicle by another in a reckless manner likely to cause the

2492 death of, or great bodily harm to, another.

2493 (1) Vehicular homicide is:

2494 (c) A felony of the first degree, punishable as provided

2495 in s. 775.082, s. 775.083, or s. 775.084, if the person has a

2496 prior conviction under this section, s. 316.193(3)(c)3., s.

2497 327.35(3)(a)3.c. ~~s. 327.35(3)(c)3.,~~ or s. 782.072.

2498 Reviser's note.—Amended to confirm an editorial substitution to

2499 conform to the redesignation of subunits in s. 327.35(3) by

2500 s. 6, ch. 2025-197, Laws of Florida.

2501 Section 49. Subsection (3) of section 782.072, Florida

2502 Statutes, is amended to read:

2503 782.072 Vessel homicide.—

2504 (3) A felony of the first degree, punishable as provided

2505 in s. 775.082, s. 775.083, or s. 775.084, if the person has a

2506 prior conviction under this section, s. 316.193(3)(c)3., s.

2507 327.35(3)(a)3.c. ~~s. 327.35(3)(c)3.,~~ or s. 782.071.

2508 Reviser's note.—Amended to confirm an editorial substitution to

2509 conform to the redesignation of subunits in s. 327.35(3) by

2510 s. 6, ch. 2025-197, Laws of Florida.

2511 Section 50. Paragraphs (b) and (c) of subsection (1) of

2512 section 790.052, Florida Statutes, are amended to read:

2513 790.052 Carrying of concealed firearms by; off-duty law

2514 enforcement officers, correctional officers, and correctional

2515 probation officers.—

2516 (1)

2517 (b) All persons holding an active certification from the

2518 Criminal Justice Standards and Training Commission as a law

2519 enforcement officers ~~officer, a~~ correctional officers ~~officer,~~

2520 or a correctional probation officers ~~officer~~ as defined in s.

2521 943.10(1), (2), (3), (6), (7), (8), or (9) meet the definition

2522 of "qualified law enforcement officer" in 18 U.S.C. s. 926B(c).

2523 (c) All persons who held an active certification from the

2524 Criminal Justice Standards and Training Commission as a law

2525 enforcement officers ~~officer,~~ correctional officers ~~officer,~~ or

2526 correctional probation officers ~~officer~~ as defined in s.

2527 943.10(1), (2), (3), (6), (7), (8), or (9), while working for an

2528 employing agency, as defined in s. 943.10(4), but have separated

2529 from service under the conditions set forth in 18 U.S.C. s.

2530 926C(c), meet the definition of "qualified retired law

2531 enforcement officer."

2532 Reviser's note.—Amended to provide contextual consistency and

2533 conform to context.

2534 Section 51. Paragraph (c) of subsection (4) of section

2535 823.11, Florida Statutes, is amended to read:

2536 823.11 Derelict and migrant vessels; relocation or

2537 removal; penalty.—

2538 (4)

2539 (c) The commission may establish a program to provide

2540 grants to local governments for the removal, storage,

2541 destruction, and disposal of derelict vessels or migrant vessels

2542 from the waters of this state. This grant funding may also be

2543 used for the removal, storage, destruction, and disposal of

2544 vessels declared a public nuisance pursuant to s. 327.73(1)(aa)

2545 or the derelict vessel prevention program established pursuant

2546 to s. 327.4107(6) ~~s. 327.4107(7).~~ The program must be funded

2547 from the Marine Resources Conservation Trust Fund or the Florida

2548 Coastal Protection Trust Fund. Notwithstanding s. 216.181(11),

2549 funds available for these grants may only be authorized by

2550 appropriations acts of the Legislature. In a given fiscal year,

2551 if all funds appropriated pursuant to this paragraph are not

2552 requested by and granted to local governments for the removal,

2553 storage, destruction, and disposal of derelict vessels, migrant

2554 vessels, or vessels declared a public nuisance pursuant to s.

2555 327.73(1)(aa) by the end of the third quarter, the Fish and

2556 Wildlife Conservation Commission may use the remainder of the

2557 funds to remove, store, destroy, and dispose of, or to pay

2558 private contractors to remove, store, destroy, and dispose of,

2559 derelict vessels, migrant vessels, or vessels declared a public

2560 nuisance pursuant to s. 327.73(1)(aa). The commission shall

2561 adopt by rule procedures for local governments to submit a grant

2562 application and criteria for allocating available funds. Such

2563 criteria must include, at a minimum, all of the following:

2564 1. The number of derelict vessels and migrant vessels

2565 within the jurisdiction of the applicant.

2566 2. The threat posed by such vessels to public health or

2567 safety, the environment, navigation, or the aesthetic condition

2568 of the general vicinity.

2569 3. The degree of commitment of the local government to

2570 maintain waters free of abandoned, derelict, and migrant vessels

2571 and to seek legal action against those who abandon vessels in

2572 the waters of this state as defined in s. 327.02.

2573 Reviser's note.—Amended to correct a cross-reference to conform

2574 to the redesignation of subunits in s. 327.4107 by s. 2,

2575 ch. 2025-147, Laws of Florida.

2576 Section 52. Paragraph (f) of subsection (8) of section

2577 836.13, Florida Statutes, is amended to read:

2578 836.13 Altered sexual depictions; prohibited acts;

2579 penalties; applicability.—

2580 (8)

2581 (f) In addition to the remedies under subsection (7) ~~(5),~~

2582 a failure to reasonably comply with the notice and removal

2583 obligations under this subsection shall be treated as an unfair

2584 or a deceptive act or practice under part II of chapter 501, and

2585 the person or entity responsible shall be subject to the

2586 penalties and remedies provided in part II of chapter 501.

2587 Reviser's note.—Amended to confirm an editorial substitution to

2588 conform to the redesignation of subunits by s. 3, ch. 2025-

2589 99, Laws of Florida. Section 53. Paragraph (b) of subsection (4) of section

2591 893.03, Florida Statutes, is amended to read:

2592 893.03 Standards and schedules.—The substances enumerated

2593 in this section are controlled by this chapter. The controlled

2594 substances listed or to be listed in Schedules I, II, III, IV,

2595 and V are included by whatever official, common, usual,

2596 chemical, trade name, or class designated. The provisions of

2597 this section shall not be construed to include within any of the

2598 schedules contained in this section any excluded drugs listed

2599 within the purview of 21 C.F.R. s. 1308.22, styled "Excluded

2600 Substances"; 21 C.F.R. s. 1308.24, styled "Exempt Chemical

2601 Preparations"; 21 C.F.R. s. 1308.32, styled "Exempted

2602 Prescription Products"; or 21 C.F.R. s. 1308.34, styled "Exempt

2603 Anabolic Steroid Products."

2604 (4) SCHEDULE IV.—

2605 (b) Unless specifically excepted or unless listed in

2606 another schedule, any material, compound, mixture, or

2607 preparation which contains any quantity of the following

2608 substances, including its salts, isomers, and salts of isomers

2609 whenever the existence of such salts, isomers, and salts of

2610 isomers is possible within the specific chemical designation,

2611 are controlled in Schedule IV:

2612 1. Alfaxalone.

2613 2. Alprazolam.

2614 3. Barbital.

2615 4. Bromazepam.

2616 5. Butorphanol tartrate.

2617 6. Camazepam.

2618 7. Carisoprodol.

2619 8. Cathine.

2620 9. Chloral betaine.

2621 10. Chloral hydrate.

2622 11. Chlordiazepoxide.

2623 12. Clobazam.

2624 13. Clonazepam.

2625 14. Clorazepate.

2626 15. Clotiazepam.

2627 16. Cloxazolam.

2628 17. Dexfenfluramine.

2629 18. Delorazepam.

2630 19. Dichloralphenazone.

2631 20. Diazepam.

2632 21. Diethylpropion.

2633 22. Eluxadoline.

2634 23. Estazolam.

2635 24. Eszopiclone.

2636 25. Ethchlorvynol.

2637 26. Ethinamate.

2638 27. Ethyl loflazepate.

2639 28. Fencamfamin.

2640 29. ~~Fenfluramine.~~

2641 ~~30.~~ Fenproporex.

2642 30.31. Fludiazepam.

2643 31.32. Flurazepam.

2644 32.33. Fospropofol.

2645 33.34. Halazepam.

2646 34.35. Haloxazolam.

2647 35.36. Ketazolam.

2648 36.37. Loprazolam.

2649 37.38. Lorazepam.

2650 38.39. Lorcaserin.

2651 39.40. Lormetazepam.

2652 40.41. Mazindol.

2653 41.42. Mebutamate.

2654 42.43. Medazepam.

2655 43.44. Mefenorex.

2656 44.45. Meprobamate.

2657 45.46. Methohexital.

2658 46.47. Methylphenobarbital.

2659 47.48. Midazolam.

2660 48.49. Modafinil.

2661 49.50. Nimetazepam.

2662 50.51. Nitrazepam.

2663 51.52. Nordiazepam.

2664 52.53. Oxazepam.

2665 53.54. Oxazolam.

2666 54.55. Paraldehyde.

2667 55.56. Pemoline.

2668 56.57. Pentazocine.

2669 57.58. Petrichloral.

2670 58.59. Phenobarbital.

2671 59.60. Phentermine.

2672 60.61. Pinazepam.

2673 61.62. Pipradrol.

2674 62.63. Prazepam.

2675 63.64. Propoxyphene (dosage forms).

2676 64.65. Propylhexedrine, excluding any patent or

2677 proprietary preparation containing propylhexedrine, unless

2678 otherwise provided by federal law.

2679 65.66. Quazepam.

2680 66.67. Sibutramine.

2681 67.68. SPA[(-)-1 dimethylamino-1, 2 diphenylethane].

2682 68.69. Suvorexant.

2683 69.70. Temazepam.

2684 70.71. Tetrazepam.

2685 71.72. Tramadol.

2686 72.73. Triazolam.

2687 73.74. Zaleplon.

2688 74.75. Zolpidem.

2689 75.76. Zopiclone.

2690 76.77. Not more than 1 milligram of difenoxin and not less

2691 than 25 micrograms of atropine sulfate per dosage unit.

2692 Reviser's note.—Amended to conform to s. 5, ch. 97-1, Laws of

2693 Florida, which repealed paragraph (4)(w), redesignated as

2694 subparagraph (4)(b)29. by s. 8, ch. 2018-3, Laws of

2695 Florida, effective upon the removal of fenfluramine from

2696 the schedules of controlled substances in 21 C.F.R. s.

2697 1308. The Drug Enforcement Administration, United States

2698 Department of Justice, in FR Doc. 2022-27400, filed

2699 December 22, 2022, issued a final rule removing

2700 fenfluramine from the schedules of the Controlled

2701 Substances Act, effective December 23, 2022.

2702 Section 54. Subsection (1) of section 914.27, Florida

2703 Statutes, is amended to read:

2704 914.27 Confidentiality of victim and witness information.—

2705 (1) Information held by any state or local law enforcement

2706 agency, any state attorney, the statewide prosecutor, or the

2707 Department of Law Enforcement which discloses:

2708 (a) The identity or location of a victim or witness who

2709 has been identified or certified for protective or relocation

2710 services pursuant to s. 914.25;

2711 (b) The identity or location of an immediate family member

2712 of a victim or witness who has been identified or certified

2713 pursuant to s. 914.25;

2714 (c) Relocation sites, techniques, or procedures utilized

2715 or developed as a result of the victim and witness protective

2716 services afforded by s. 914.25; or

2717 (d) The identity or relocation site of any victim,

2718 witness, or immediate family member of a victim or witness who

2719 has made a relocation of permanent residence by reason of the

2720 victim's or witness's involvement in the investigation or

2721 prosecution giving rise to certification for protective or

2722 relocation services pursuant to s. 914.25;

2724 is confidential and exempt from s. 119.07(1) and s. 24(a), Art.

2725 I of the State Constitution. Such information may be shared by

2726 law enforcement agencies, state attorneys, and the statewide

2727 prosecutor to facilitate the protective or relocation services

2728 provided pursuant to s. 914.25 and to support the prosecution

2729 efforts of the state attorneys and the statewide prosecutor. Any

2730 information so shared must remain confidential and exempt in the

2731 hands of any agency or entity to which the information is

2732 provided.

2733 Reviser's note.—Amended to confirm an editorial insertion to

2734 improve clarity.

2735 Section 55. Paragraph (c) of subsection (1) of section

2736 916.111, Florida Statutes, is amended to read:

2737 916.111 Training of mental health experts.—The evaluation

2738 of defendants for competency to proceed or for sanity at the

2739 time of the commission of the offense shall be conducted in such

2740 a way as to ensure uniform application of the criteria

2741 enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal

2742 Procedure. The department shall develop, and may contract with

2743 accredited institutions:

2744 (1) To provide:

2745 (c) Training for mental health professionals in the

2746 application of these protocols and procedures in performing

2747 forensic evaluations and providing reports to the courts.

2748 Training must include, but is not limited to, information on

2749 statutes and rules related to competency restoration, evidence-

2750 based practices, and least restrictive treatment alternatives

2751 and placement options as described in s. 916.12(4)(c); and

2752 Reviser's note.—Amended to improve clarity and facilitate

2753 correct interpretation. Section 916.12(4)(c) references

2754 both treatment alternatives and placement options. Section 56. Paragraph (a) of subsection (1) of section

2756 916.115, Florida Statutes, is amended to read:

2757 916.115 Appointment of experts.—

2758 (1) The court shall appoint no more than three experts to

2759 determine the mental condition of a defendant in a criminal

2760 case, including competency to proceed, insanity, involuntary

2761 placement, and treatment. The experts may evaluate the defendant

2762 in jail or in another appropriate local facility or in a

2763 facility of the Department of Corrections.

2764 (a) Each ~~The~~ court-appointed expert ~~experts~~ shall:

2765 1. Be a psychiatrist, licensed psychologist, or physician.

2766 2. Have completed initial and annual forensic evaluator

2767 training, provided by the department.

2768 3. If performing juvenile evaluations, have completed

2769 initial and annual juvenile forensic competency evaluation

2770 training provided by the department.

2771 Reviser's note.—Amended to improve sentence structure.

2772 Section 57. Paragraph (i) of subsection (3) of section

2773 921.0022, Florida Statutes, is amended to read:

2774 921.0022 Criminal Punishment Code; offense severity

2775 ranking chart.—

2776 (3) OFFENSE SEVERITY RANKING CHART

2777 (i) LEVEL 9 Florida Felony Statute Degree Description 316.193 1st DUI manslaughter; failing to (3)(c)3.b. render aid or give information. 316.193 1st DUI manslaughter; prior (3)(c)3.c. conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide. 327.35 1st BUI manslaughter; failing (3)(a)3.c.(II) to render aid or give information. 327.35 1st BUI manslaughter; prior (3)(a)3.c.(III) conviction for DUI ~~327.35(3)(c)3.c.~~ manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide. 409.920 1st Medicaid provider (2)(b)1.c. fraud; $50,000 or more. 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm. 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution. 775.0844 1st Aggravated white collar crime. 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder. 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. 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult. 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage. 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony. 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function. 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. 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child. 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien. 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. 790.161 1st Attempted capital destructive device offense. 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction. 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age. 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. 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. 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older. 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years. 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses. 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. 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age. 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon. 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon. 812.135(2)(b) 1st Home-invasion robbery with weapon. 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee. 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision. 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. 817.568(7) 2nd, Fraudulent use of personal PBL identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority. 827.03(2)(a) 1st Aggravated child abuse. 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor. 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor. 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. 893.135 1st Attempted capital trafficking offense. 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs. 893.135 1st Trafficking in cocaine, (1)(b)1.c. more than 400 grams, less than 150 kilograms. 893.135 1st Trafficking in illegal (1)(c)1.c. drugs, more than 28 grams, less than 30 kilograms. 893.135 1st Trafficking in hydrocodone, (1)(c)2.d. 300 grams or more, less than 30 kilograms. 893.135 1st Trafficking in oxycodone, (1)(c)3.d. 100 grams or more, less than 30 kilograms. 893.135 1st Trafficking in (1)(c)4.b.(III) fentanyl, 28 grams or more. 893.135 1st Trafficking in phencyclidine, (1)(d)1.c. 400 grams or more. 893.135 1st Trafficking in methaqualone, (1)(e)1.c. 25 kilograms or more. 893.135 1st Trafficking in amphetamine, (1)(f)1.c. 200 grams or more. 893.135 1st Trafficking in gamma- (1)(h)1.c. hydroxybutyric acid (GHB), 10 kilograms or more. 893.135 1st Trafficking in 1,4- (1)(j)1.c. Butanediol, 10 kilograms or more. 893.135 1st Trafficking in Phenethylamines, (1)(k)2.c. 400 grams or more. 893.135 1st Trafficking in synthetic (1)(m)2.d. cannabinoids, 30 kilograms or more. 893.135 1st Trafficking in n-benzyl (1)(n)2.c. phenethylamines, 200 grams or more. 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000. 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.

2840 Reviser's note.—Amended to confirm an editorial substitution to

2841 conform to the redesignation of subunits in s. 327.35(3) by

2842 s. 6, ch. 2025-197, Laws of Florida.

2843 Section 58. Subsection (6) of section 934.255, Florida

2844 Statutes, is amended to read:

2845 934.255 Subpoenas in investigations of sexual offenses.—

2846 (6) An investigative or law enforcement officer who

2847 obtains a subpoena pursuant to paragraph (2)(c) may delay the

2848 notification required under that paragraph for a period not to

2849 exceed 180 days upon the execution of a written certification of

2850 a supervisory official that there is reason to believe that ~~that~~

2851 notification of the existence of the subpoena may have an

2852 adverse result described in subsection (7).

2853 Reviser's note.—Amended to confirm an editorial deletion to

2854 remove duplicative language.

2855 Section 59. Paragraph (c) of subsection (7) of section

2856 945.42, Florida Statutes, is amended to read:

2857 945.42 Definitions; ss. 945.40-945.49.—As used in ss.

2858 945.40-945.49, the following terms shall have the meanings

2859 ascribed to them, unless the context shall clearly indicate

2860 otherwise:

2861 (7) "In need of care and treatment" means that an inmate

2862 has a mental illness for which inpatient services in a mental

2863 health treatment facility are necessary and because of the

2864 mental illness:

2865 (c) The inmate is unable to determine for himself or

2866 herself whether placement is necessary.; ~~and~~

2867 Reviser's note.—Amended to conform to punctuation elsewhere in

2868 the subsection. As amended by s. 9, ch. 2025-81, Laws of

2869 Florida, paragraphs (7)(a), (b), and (d) end in periods.

2870 Section 60. Subsection (2) and paragraph (a) of subsection

2871 (3) of section 945.485, Florida Statutes, are amended to read:

2872 945.485 Management and treatment for self-injurious

2873 behaviors.—

2874 (2) In accordance with s. 945.6402 ~~s. 945.6042,~~ the

2875 Legislature finds that an inmate retains the fundamental right

2876 of self-determination regarding decisions pertaining to his or

2877 her own health, including the right to choose or refuse medical

2878 treatment or life-saving medical procedures. However, the

2879 inmate's right to privacy and decisionmaking regarding medical

2880 treatment may be outweighed by compelling state interests.

2881 (3) When an inmate is engaging in active or ongoing self-

2882 injurious behavior and has refused to provide express and

2883 informed consent for treatment related to the self-injurious

2884 behavior, the warden of the facility where the inmate is housed

2885 shall consult with the inmate's treating physician regarding the

2886 inmate's medical and mental health status, current medical and

2887 mental health treatment needs, and competency to provide express

2888 and informed consent for treatment. The warden shall also

2889 determine whether the inmate's self-injurious behavior presents

2890 a danger to the safety of department staff or other inmates or

2891 the security, internal order, or discipline of the institution.

2892 (a) If the inmate's treating physician determines that the

2893 inmate has a mental illness and is incompetent to consent to

2894 treatment, the physician shall proceed in accordance with s.

2895 945.6402 ~~s. 945.6042~~ for any necessary surgical or medical

2896 services. If the inmate is in need of care and treatment as

2897 defined in s. 945.42, the inmate shall be referred to a mental

2898 health treatment facility for an involuntary examination in

2899 accordance with s. 945.44.

2900 Reviser's note.—Amended to correct a transposition error.

2901 Section 945.6402 relates to inmate health care advance

2902 directives. Section 945.6042 does not exist.

2903 Section 61. Subsection (2) of section 951.27, Florida

2904 Statutes, is amended to read:

2905 951.27 Blood tests of inmates.—

2906 (2) Except as otherwise provided in this subsection,

2907 serologic blood test results obtained pursuant to subsection (1)

2908 are confidential and exempt from s. 119.07(1) and s. 24(a), Art.

2909 I of the State Constitution. However, it is not unlawful for the

2910 person receiving the test results to divulge the test results to

2911 the sheriff or chief correctional officer. Such test results

2912 must also be provided to employees or officers of the sheriff or

2913 chief correctional officer who are responsible for the custody

2914 and care of the affected inmate and have a need to know such

2915 information, to any person who provided a notice of exposure

2916 under subsection (4), and as provided in ss. 775.0877 and

2917 960.003. In addition, upon request of the victim or the victim's

2918 legal guardian, or the parent or legal guardian of the victim if

2919 the victim is a minor, the results of any HIV test performed on

2920 an inmate arrested for any sexual offense involving oral, anal,

2921 or female genital penetration by, or union with, the sexual

2922 organ of another, must be disclosed to the victim or the

2923 victim's legal guardian, or to the parent or legal guardian of

2924 the victim if the victim is a minor. In such cases, the county

2925 or municipal detention facility shall furnish the test results

2926 to the Department of Health, which is responsible for disclosing

2927 the results to public health agencies as provided in s. 775.0877

2928 and to the victim or the victim's legal guardian, or the parent

2929 or legal guardian of the victim if the victim is a minor, as

2930 provided in s. 960.003(3). As used in this subsection, the term

2931 "female genitals" includes the labia minora, labia majora,

2932 clitoris, vulva, hymen, and vagina.

2933 Reviser's note.—Amended to confirm an editorial insertion to

2934 improve clarity.

2935 Section 62. Subsection (14) of section 984.151, Florida

2936 Statutes, is amended to read:

2937 984.151 Early truancy intervention; truancy petition;

2938 judgment.—

2939 (14) Any truant student who ~~that~~ meets the definition of a

2940 child in need of services and who has been found in contempt for

2941 violation of a court order under s. 984.09 two or more times

2942 shall be referred to the case staffing committee under s. 984.12

2943 with a recommendation to file a petition for a child in need of

2944 services.

2945 Reviser's note.—Amended to confirm an editorial substitution to

2946 conform to context.

2947 Section 63. Subsection (2) of section 984.19, Florida Statutes, is amended to read:

2949 984.19 Medical screening and treatment of child;

2950 examination of parent, legal guardian, or person requesting

2951 custody.—

2952 (2) When the medical screening authorized by subsection

2953 (1) is performed or when it is otherwise determined by a

2954 licensed health care professional that a child is in need of

2955 medical treatment, consent for medical treatment shall be

2956 obtained in the following manner:

2957 (a)1. Consent to medical treatment shall be obtained from

2958 a parent, legal guardian, or custodian of the child; or

2959 2. A court order for such treatment shall be obtained.

2960 (b) If a parent, legal guardian, or custodian of the child

2961 is unavailable and his or her whereabouts cannot be reasonably

2962 ascertained, and it is after normal working hours so that a

2963 court order cannot reasonably be obtained, an authorized agent

2964 of the department or its provider has the authority to consent

2965 to necessary medical treatment for the child. The authority of

2966 the department to consent to medical treatment in this

2967 circumstance is limited to the time reasonably necessary to

2968 obtain court authorization.

2969 (c) If a parent, legal guardian, or custodian of the child

2970 is available but refuses to consent to the necessary treatment,

2971 a court order is required, unless the situation meets the

2972 definition of an emergency in s. 743.064 or the treatment needed

2973 is related to suspected abuse or neglect of the child by the

2974 parent or guardian. In such case, the department's authorized

2975 agent may consent to necessary medical treatment. This authority

2976 is limited to the time reasonably necessary to obtain court

2977 authorization.

2979 In no case may the department consent to sterilization,

2980 abortion, or termination of life support.

2981 Reviser's note.—Amended to confirm an editorial insertion to

2982 improve clarity.

2983 Section 64. Subsection (1) of section 984.21, Florida

2984 Statutes, is amended to read:

2985 984.21 Orders of adjudication.—

2986 (1) An order of adjudication by a court that a child is a

2987 child in need of services is a civil adjudication, and is not be

2988 deemed a conviction, nor shall the child be deemed to have been

2989 found guilty or to be a delinquent or criminal by reason of

2990 adjudication, nor shall that adjudication operate to impose upon

2991 the child any of the civil disabilities ordinarily imposed by or

2992 resulting from conviction or disqualify or prejudice the child

2993 in any civil service application or appointment.

2994 Reviser's note.—Amended to confirm an editorial deletion to

2995 improve clarity.

2996 Section 65. Paragraph (c) of subsection (2) of section

2997 1003.27, Florida Statutes, is amended to read:

2998 1003.27 Court procedure and penalties.—The court procedure

2999 and penalties for the enforcement of the provisions of this

3000 part, relating to compulsory school attendance, shall be as

3001 follows:

3002 (2) NONENROLLMENT AND NONATTENDANCE CASES.—

3003 (c) The district school superintendent must provide the

3004 Department of Highway Safety and Motor Vehicles the legal name,

3005 sex, date of birth, and social security number of each minor

3006 student who has been reported under this paragraph and who fails

3007 to otherwise satisfy the requirements of s. 322.091. The

3008 Department of Highway Safety and Motor Vehicles may not issue a

3009 driver license or learner's driver license to, and shall suspend

3010 any previously issued driver license or learner's driver license

3011 of, any such minor student, pursuant to s. 322.091.

3012 Reviser's note.—Amended to confirm the editorial reinsertion of

3013 the word "to" as stricken by s. 32, ch. 2025-153, Laws of

3014 Florida, to improve clarity.

3015 Section 66. Paragraph (b) of subsection (6) of section

3016 1008.25, Florida Statutes, is amended to read:

3017 1008.25 Public school student progression; student

3018 support; coordinated screening and progress monitoring;

3019 reporting requirements.—

3020 (6) MATHEMATICS DEFICIENCY AND PARENTAL NOTIFICATION.—

3021 (b) A Voluntary Prekindergarten Education Program student

3022 who exhibits a substantial deficiency in early math skills based

3023 upon the results of the administration of the midyear or final

3024 coordinated screening and progress monitoring under subsection

3025 (9) ~~(8)~~ shall be referred to the local school district and may

3026 be eligible to receive intensive mathematics interventions

3027 before participating in kindergarten.

3028 Reviser's note.—Amended to correct a cross-reference to conform

3029 to context. Subsection (8) relates to successful

3030 progression for retained third grade students; subsection

3031 (9) relates to a coordinated screening and progress

3032 monitoring system.

3033 Section 67. Paragraph (c) of subsection (1) of section

3034 1011.61, Florida Statutes, is amended to read:

3035 1011.61 Definitions.—Notwithstanding the provisions of s.

3036 1000.21, the following terms are defined as follows for the

3037 purposes of the Florida Education Finance Program:

3038 (1) A "full-time equivalent student" in each program of

3039 the district is defined in terms of full-time students and part-

3040 time students as follows:

3041 (c)1. A "full-time equivalent student" is:

3042 a. A full-time student in any one of the programs listed

3043 in s. 1011.62(1)(c); or

3044 b. A combination of full-time or part-time students in any

3045 one of the programs listed in s. 1011.62(1)(c) which is the

3046 equivalent of one full-time student based on the following

3047 calculations:

3048 (I) A full-time student in a combination of programs

3049 listed in s. 1011.62(1)(c) shall be a fraction of a full-time

3050 equivalent membership in each special program equal to the

3051 number of net hours per school year for which he or she is a

3052 member, divided by the appropriate number of hours set forth in

3053 subparagraph (a)1. The difference between that fraction or sum

3054 of fractions and the maximum value as set forth in subsection

3055 (3) ~~(4)~~ for each full-time student is presumed to be the balance

3056 of the student's time not spent in a special program and shall

3057 be recorded as time in the appropriate basic program.

3058 (II) A prekindergarten student with a disability shall

3059 meet the requirements specified for kindergarten students.

3060 (III) A full-time equivalent student for students in

3061 kindergarten through grade 12 in a full-time virtual instruction

3062 program under s. 1002.45 or a virtual charter school under s.

3063 1002.33 shall consist of six full-credit completions or the

3064 prescribed level of content that counts toward promotion to the

3065 next grade in programs listed in s. 1011.62(1)(c). Credit

3066 completions may be a combination of full-credit courses or half-

3067 credit courses.

3068 (IV) A full-time equivalent student for students in

3069 kindergarten through grade 12 in a part-time virtual instruction

3070 program under s. 1002.45 shall consist of six full-credit

3071 completions in programs listed in s. 1011.62(1)(c)1. and 3.

3072 Credit completions may be a combination of full-credit courses

3073 or half-credit courses.

3074 (V) A Florida Virtual School full-time equivalent student

3075 shall consist of six full-credit completions or the prescribed

3076 level of content that counts toward promotion to the next grade

3077 in the programs listed in s. 1011.62(1)(c)1. and 3. for students

3078 participating in kindergarten through grade 12 part-time virtual

3079 instruction and the programs listed in s. 1011.62(1)(c) for

3080 students participating in kindergarten through grade 12 full-

3081 time virtual instruction. Credit completions may be a

3082 combination of full-credit courses or half-credit courses.

3083 (VI) Each successfully completed full-credit course earned

3084 through an online course delivered by a district other than the

3085 one in which the student resides shall be calculated as 1/6 FTE.

3086 (VII) A full-time equivalent student for courses requiring

3087 passage of a statewide, standardized end-of-course assessment

3088 under s. 1003.4282 to earn a standard high school diploma shall

3089 be defined and reported based on the number of instructional

3090 hours as provided in this subsection.

3091 (VIII) For students enrolled in a school district as a

3092 full-time student, the district may report 1/6 FTE for each

3093 student who passes a statewide, standardized end-of-course

3094 assessment without being enrolled in the corresponding course.

3095 2. A student in membership in a program scheduled for more

3096 or less than 180 school days or the equivalent on an hourly

3097 basis as specified by rules of the State Board of Education is a

3098 fraction of a full-time equivalent membership equal to the

3099 number of instructional hours in membership divided by the

3100 appropriate number of hours set forth in subparagraph (a)1.;

3101 however, for the purposes of this subparagraph, membership in

3102 programs scheduled for more than 180 days is limited to students

3103 enrolled in:

3104 a. Juvenile justice education programs.

3105 b. The Florida Virtual School.

3106 c. Virtual instruction programs and virtual charter

3107 schools for the purpose of course completion and credit recovery

3108 pursuant to ss. 1002.45 and 1003.498. Course completion applies

3109 only to a student who is reported during the second or third

3110 membership surveys and who does not complete a virtual education

3111 course by the end of the regular school year. The course must be

3112 completed no later than the deadline for amending the final

3113 student enrollment survey for that year. Credit recovery applies

3114 only to a student who has unsuccessfully completed a traditional

3115 or virtual education course during the regular school year and

3116 must retake the course in order to be eligible to graduate with

3117 the student's class.

3119 The full-time equivalent student enrollment calculated under

3120 this subsection is subject to the requirements in subsection

3121 (3).

3123 The department shall determine and implement an equitable method

3124 of equivalent funding for schools operating under emergency

3125 conditions, which schools have been approved by the department

3126 to operate for less than the minimum term as provided in s.

3127 1011.60(2).

3128 Reviser's note.—Amended to correct a cross-reference to conform

3129 to the redesignation of subunits in s. 1011.61 by s. 16,

3130 ch. 2025-203, Laws of Florida.

3131 Section 68. Paragraph (f) of subsection (2) of section

3132 1012.552, Florida Statutes, is amended to read:

3133 1012.552 The Coaching for Educator Readiness and Teaching

3134 (CERT) Certification Program.—

3135 (2) PROGRAM REQUIREMENTS.—A CERT program must include all

3136 of the following:

3137 (f) ~~Provide~~ Guidance and on-the-job training in the

3138 classroom on mastering Florida Educator Accomplished Practices.

3139 Reviser's note.—Amended to conform to context and improve

3140 clarity.

3141 Section 69. This act shall take effect on the 60th day

3142 after adjournment sine die of the session of the Legislature in

3143 which enacted.