Bill Text: FL S0006 | 2019 | Regular Session | Enrolled
Bill Title: Florida Statutes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-04-04 - Chapter No. 2019-4 [S0006 Detail]
Download: Florida-2019-S0006-Enrolled.html
ENROLLED
2019 Legislature SB 6
20196er
1
2 An act relating to the Florida Statutes; repealing ss.
3 16.616, 196.102(14), 220.192, 311.07(3)(d), 316.0898,
4 319.141, 377.24075, 932.7055(4)(d), 960.002, 961.055,
5 961.056, 985.6865(4)(a), 1008.46(1)(b), and
6 1011.71(2)(k), F.S., and amending ss. 741.30, 784.046,
7 and 1004.085 F.S., to delete provisions which have
8 become inoperative by noncurrent repeal or expiration
9 and, pursuant to s. 11.242(5)(b) and (i), F.S., may be
10 omitted from the 2019 Florida Statutes only through a
11 reviser’s bill duly enacted by the Legislature;
12 amending s. 16.615, F.S., to conform a cross
13 reference; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 16.616, Florida Statutes, is repealed.
18 Reviser’s note.—The cited section, which relates to a direct
19 support organization, was repealed pursuant to its own
20 terms, effective October 1, 2018.
21 Section 2. Subsection (14) of section 196.102, Florida
22 Statutes, is repealed.
23 Reviser’s note.—The cited subsection, which relates to emergency
24 rule adoption, expired pursuant to its own terms, effective
25 August 30, 2018.
26 Section 3. Section 220.192, Florida Statutes, is repealed.
27 Reviser’s note.—The cited section, which relates to a renewable
28 energy technologies investment tax credit; authorized use
29 of the credit in tax years beginning January 1, 2013, and
30 ending December 31, 2016, after which the credit expired;
31 and an authorized carry-forward of unused credit, expired
32 December 31, 2018, pursuant to subsection (2) of the
33 section.
34 Section 4. Paragraph (d) of subsection (3) of section
35 311.07, Florida Statutes, is repealed.
36 Reviser’s note.—The cited paragraph, which creates an exemption
37 from specified matching funds and eligibility requirements
38 for projects funded through a specific appropriation of the
39 2017-2018 General Appropriations Act, expired pursuant to
40 its own terms, effective July 1, 2018.
41 Section 5. Section 316.0898, Florida Statutes, is repealed.
42 Reviser’s note.—The cited section, which relates to the Florida
43 Smart City Challenge Grant Program, expired pursuant to its
44 own terms, effective July 1, 2018.
45 Section 6. Section 319.141, Florida Statutes, is repealed.
46 Reviser’s note.—The cited section, which relates to a pilot
47 rebuilt motor vehicle inspection program, was repealed
48 pursuant to its own terms, effective July 1, 2018.
49 Section 7. Section 377.24075, Florida Statutes, is
50 repealed.
51 Reviser’s bill.—The cited section, which provides for an
52 exemption from open government requirements for certain
53 proprietary business information held by the Department of
54 Environmental Protection concerning applications for
55 natural gas storage facility permits, was repealed pursuant
56 to its own terms, effective October 2, 2018.
57 Section 8. Paragraph (c) of subsection (8) of section
58 741.30, Florida Statutes, is amended to read:
59 741.30 Domestic violence; injunction; powers and duties of
60 court and clerk; petition; notice and hearing; temporary
61 injunction; issuance of injunction; statewide verification
62 system; enforcement; public records exemption.—
63 (8)
64 (c)1. Within 24 hours after the court issues an injunction
65 for protection against domestic violence or changes, continues,
66 extends, or vacates an injunction for protection against
67 domestic violence, the clerk of the court must forward a
68 certified copy of the injunction for service to the sheriff with
69 jurisdiction over the residence of the petitioner. The
70 injunction must be served in accordance with this subsection.
71 2. Within 24 hours after service of process of an
72 injunction for protection against domestic violence upon a
73 respondent, the law enforcement officer must forward the written
74 proof of service of process to the sheriff with jurisdiction
75 over the residence of the petitioner.
76 3. Within 24 hours after the sheriff receives a certified
77 copy of the injunction for protection against domestic violence,
78 the sheriff must make information relating to the injunction
79 available to other law enforcement agencies by electronically
80 transmitting such information to the department.
81 4. Within 24 hours after the sheriff or other law
82 enforcement officer has made service upon the respondent and the
83 sheriff has been so notified, the sheriff must make information
84 relating to the service available to other law enforcement
85 agencies by electronically transmitting such information to the
86 department.
87 5.a. Subject to available funding, the Florida Association
88 of Court Clerks and Comptrollers shall develop an automated
89 process by which a petitioner may request notification of
90 service of the injunction for protection against domestic
91 violence and other court actions related to the injunction for
92 protection. The automated notice shall be made within 12 hours
93 after the sheriff or other law enforcement officer serves the
94 injunction upon the respondent. The notification must include,
95 at a minimum, the date, time, and location where the injunction
96 for protection against domestic violence was served. When a
97 petitioner makes a request for notification, the clerk must
98 apprise the petitioner of her or his right to request in writing
99 that the information specified in sub-subparagraph b. be held
100 exempt from public records requirements for 5 years. The Florida
101 Association of Court Clerks and Comptrollers may apply for any
102 available grants to fund the development of the automated
103 process.
104 b. Upon implementation of the automated process,
105 information held by clerks and law enforcement agencies in
106 conjunction with the automated process developed under sub
107 subparagraph a. which reveals the home or employment telephone
108 number, cellular telephone number, home or employment address,
109 electronic mail address, or other electronic means of
110 identification of a petitioner requesting notification of
111 service of an injunction for protection against domestic
112 violence and other court actions related to the injunction for
113 protection is exempt from s. 119.07(1) and s. 24(a), Art. I of
114 the State Constitution, upon written request by the petitioner.
115 Such information shall cease to be exempt 5 years after the
116 receipt of the written request. Any state or federal agency that
117 is authorized to have access to such documents by any provision
118 of law shall be granted such access in the furtherance of such
119 agency’s statutory duties, notwithstanding this sub
120 subparagraph. This sub-subparagraph is subject to the Open
121 Government Sunset Review Act in accordance with s. 119.15 and
122 shall stand repealed on October 2, 2018, unless reviewed and
123 saved from repeal through reenactment by the Legislature.
124 6. Within 24 hours after an injunction for protection
125 against domestic violence is vacated, terminated, or otherwise
126 rendered no longer effective by ruling of the court, the clerk
127 of the court must notify the sheriff receiving original
128 notification of the injunction as provided in subparagraph 2.
129 That agency shall, within 24 hours after receiving such
130 notification from the clerk of the court, notify the department
131 of such action of the court.
132 Reviser’s note.—Amended to conform to the repeal of sub
133 subparagraph 5.b. by its own terms, effective October 2,
134 2018, and to redesignate sub-subparagraph 5.a. as
135 subparagraph 5. and amend it to conform.
136 Section 9. Paragraph (c) of subsection (8) of section
137 784.046, Florida Statutes, is amended to read:
138 784.046 Action by victim of repeat violence, sexual
139 violence, or dating violence for protective injunction; dating
140 violence investigations, notice to victims, and reporting;
141 pretrial release violations; public records exemption.—
142 (8)
143 (c)1. Within 24 hours after the court issues an injunction
144 for protection against repeat violence, sexual violence, or
145 dating violence or changes or vacates an injunction for
146 protection against repeat violence, sexual violence, or dating
147 violence, the clerk of the court must forward a copy of the
148 injunction to the sheriff with jurisdiction over the residence
149 of the petitioner.
150 2. Within 24 hours after service of process of an
151 injunction for protection against repeat violence, sexual
152 violence, or dating violence upon a respondent, the law
153 enforcement officer must forward the written proof of service of
154 process to the sheriff with jurisdiction over the residence of
155 the petitioner.
156 3. Within 24 hours after the sheriff receives a certified
157 copy of the injunction for protection against repeat violence,
158 sexual violence, or dating violence, the sheriff must make
159 information relating to the injunction available to other law
160 enforcement agencies by electronically transmitting such
161 information to the department.
162 4. Within 24 hours after the sheriff or other law
163 enforcement officer has made service upon the respondent and the
164 sheriff has been so notified, the sheriff must make information
165 relating to the service available to other law enforcement
166 agencies by electronically transmitting such information to the
167 department.
168 5.a. Subject to available funding, the Florida Association
169 of Court Clerks and Comptrollers shall develop an automated
170 process by which a petitioner may request notification of
171 service of the injunction for protection against repeat
172 violence, sexual violence, or dating violence and other court
173 actions related to the injunction for protection. The automated
174 notice shall be made within 12 hours after the sheriff or other
175 law enforcement officer serves the injunction upon the
176 respondent. The notification must include, at a minimum, the
177 date, time, and location where the injunction for protection
178 against repeat violence, sexual violence, or dating violence was
179 served. When a petitioner makes a request for notification, the
180 clerk must apprise the petitioner of her or his right to request
181 in writing that the information specified in sub-subparagraph b.
182 be held exempt from public records requirements for 5 years. The
183 Florida Association of Court Clerks and Comptrollers may apply
184 for any available grants to fund the development of the
185 automated process.
186 b. Upon implementation of the automated process,
187 information held by clerks and law enforcement agencies in
188 conjunction with the automated process developed under sub
189 subparagraph a. which reveals the home or employment telephone
190 number, cellular telephone number, home or employment address,
191 electronic mail address, or other electronic means of
192 identification of a petitioner requesting notification of
193 service of an injunction for protection against repeat violence,
194 sexual violence, or dating violence and other court actions
195 related to the injunction for protection is exempt from s.
196 119.07(1) and s. 24(a), Art. I of the State Constitution, upon
197 written request by the petitioner. Such information shall cease
198 to be exempt 5 years after the receipt of the written request.
199 Any state or federal agency that is authorized to have access to
200 such documents by any provision of law shall be granted such
201 access in the furtherance of such agency’s statutory duties,
202 notwithstanding this sub-subparagraph. This sub-subparagraph is
203 subject to the Open Government Sunset Review Act in accordance
204 with s. 119.15 and shall stand repealed on October 2, 2018,
205 unless reviewed and saved from repeal through reenactment by the
206 Legislature.
207 6. Within 24 hours after an injunction for protection
208 against repeat violence, sexual violence, or dating violence is
209 lifted, terminated, or otherwise rendered no longer effective by
210 ruling of the court, the clerk of the court must notify the
211 sheriff or local law enforcement agency receiving original
212 notification of the injunction as provided in subparagraph 2.
213 That agency shall, within 24 hours after receiving such
214 notification from the clerk of the court, notify the department
215 of such action of the court.
216 Reviser’s note.— Amended to conform to the repeal of sub
217 subparagraph 5.b. by its own terms, effective October 2,
218 2018, and to redesignate sub-subparagraph 5.a. as
219 subparagraph 5. and amend it to conform.
220 Section 10. Paragraph (d) of subsection (4) of section
221 932.7055, Florida Statutes, is repealed.
222 Reviser’s note.—The cited paragraph, which relates to
223 expenditure of funds in a special law enforcement trust
224 fund established by the governing body of a municipality to
225 reimburse the general fund for certain advances, for the
226 2017-2018 fiscal year only, expired pursuant to its own
227 terms, effective July 1, 2018.
228 Section 11. Section 960.002, Florida Statutes, is repealed.
229 Reviser’s note.—The cited section, which relates to a direct
230 support organization to assist victims of adult and
231 juvenile crime, was repealed pursuant to its own terms,
232 effective October 1, 2018.
233 Section 12. Section 961.055, Florida Statutes, is repealed.
234 Reviser’s note.—The cited section, which relates to an exemption
235 from application by nolle prosequi for compensation for a
236 wrongfully incarcerated person, was repealed pursuant to
237 its own terms, effective July 1, 2018.
238 Section 13. Section 961.056, Florida Statutes, is repealed.
239 Reviser’s note.—The cited section, which relates to alternative
240 application for compensation for a wrongfully incarcerated
241 person, was repealed pursuant to its own terms, effective
242 July 1, 2018.
243 Section 14. Paragraph (a) of subsection (4) of section
244 985.6865, Florida Statutes, is repealed.
245 Reviser’s note.—The cited paragraph, which relates to payment of
246 the percentage share of costs for juvenile detention by
247 non-fiscally constrained counties for the 2016-2017 fiscal
248 year, expired pursuant to its own terms, effective June 30,
249 2017.
250 Section 15. Subsections (4), (6), and (8) of section
251 1004.085, Florida Statutes, are amended to read:
252 1004.085 Textbook and instructional materials
253 affordability.—
254 (4) Each Florida College System institution and state
255 university board of trustees shall, each semester, examine the
256 cost of textbooks and instructional materials by course and
257 course section for all general education courses offered at the
258 institution to identify any variance in the cost of textbooks
259 and instructional materials among different sections of the same
260 course and the percentage of textbooks and instructional
261 materials that remain in use for more than one term. Courses
262 that have a wide variance in costs among sections or that have
263 frequent changes in textbook and instructional materials
264 selections shall be identified and a list of such courses sent
265 to the appropriate academic department chair for review. This
266 subsection is repealed July 1, 2018, unless reviewed and saved
267 from repeal through reenactment by the Legislature.
268 (5)(6) Each Florida College System institution and state
269 university shall post prominently in the course registration
270 system and on its website, as early as is feasible, but at least
271 45 days before the first day of class for each term, a hyperlink
272 to lists of required and recommended textbooks and instructional
273 materials for at least 95 percent of all courses and course
274 sections offered at the institution during the upcoming term.
275 The lists must include the International Standard Book Number
276 (ISBN) for each required and recommended textbook and
277 instructional material or other identifying information, which
278 must include, at a minimum, all of the following: the title, all
279 authors listed, publishers, edition number, copyright date,
280 published date, and other relevant information necessary to
281 identify the specific textbooks or instructional materials
282 required and recommended for each course. The State Board of
283 Education and the Board of Governors shall include in the
284 policies, procedures, and guidelines adopted under subsection
285 (6) (7) certain limited exceptions to this notification
286 requirement for classes added after the notification deadline.
287 (7)(8) The board of trustees of each Florida College System
288 institution and state university shall report, by September 30
289 of each year, beginning in 2016, to the Chancellor of the
290 Florida College System or the Chancellor of the State University
291 System, as applicable, the textbook and instructional materials
292 selection process for general education courses with a wide cost
293 variance identified pursuant to subsection (4) and high
294 enrollment courses; specific initiatives of the institution
295 designed to reduce the costs of textbooks and instructional
296 materials; policies implemented in accordance with subsection
297 (5) (6); the number of courses and course sections that were not
298 able to meet the textbook and instructional materials posting
299 deadline for the previous academic year; and any additional
300 information determined by the chancellors. By November 1 of each
301 year, beginning in 2016, each chancellor shall provide a summary
302 of the information provided by institutions to the State Board
303 of Education and the Board of Governors, as applicable.
304 Reviser’s note.—Subsection (4), which relates to examination of
305 cost of textbooks and instructional materials for general
306 education courses by Florida College System institution and
307 state university boards of trustees, was repealed pursuant
308 to its own terms, effective July 1, 2018. Subsections (6)
309 and (8) are amended to conform to the repeal of subsection
310 (4) by this act.
311 Section 16. Paragraph (b) of subsection (1) of section
312 1008.46, Florida Statutes, is repealed.
313 Reviser’s note.—The cited paragraph, which relates to submittal
314 of an annual accountability report by March 15, 2018, for
315 the 2017-2018 fiscal year only, expired pursuant to its own
316 terms, effective July 1, 2018.
317 Section 17. Paragraph (k) of subsection (2) of section
318 1011.71, Florida Statutes, is repealed.
319 Reviser’s note.—The cited paragraph, which relates to payout of
320 specified sick leave and annual leave accrued as a purpose
321 for tax levy, expired pursuant to its own terms, effective
322 July 1, 2018.
323 Section 18. Paragraph (e) of subsection (4) of section
324 16.615, Florida Statutes, is amended to read:
325 16.615 Council on the Social Status of Black Men and Boys.—
326 (4)
327 (e) The council shall monitor outcomes of the direct
328 support organization created pursuant to s. 16.616.
329 Reviser’s note.—Amended to conform to the repeal of s. 16.616 by
330 this act to ratify the repeal of that section by its own
331 terms.
332 Section 19. This act shall take effect on the 60th day
333 after adjournment sine die of the session of the Legislature in
334 which enacted.
