Florida Senate - 2022 SB 850 By Senator Passidomo 28-01065-22 2022850__ Page 1 of 36 CODING: Words stricken are deletions; words underlined are additions. A reviser’s bill to be entitled 1

An act relating to the Florida Statutes; repealing ss. 2 27.401, 112.24(6), 197.318, 216.181(11)(d), 3 255.065(15), 288.1226(9), 316.066(2)(f), 331.326, 4 339.63(6), 381.0068, 381.83, 393.0661, 395.1055(1)(f), 5 403.7046(2), 403.73, 409.968(6), 420.0005(2), 6 420.9079(3), 499.0121(7)(b), 499.051(7)(b), 499.931, 7 502.222, 570.48(3), 573.123(2), 601.10(8)(b), 601.76, 8 815.04(3), 893.055(17), 1004.33, 1004.335, and 9 1004.34, F.S., and amending ss. 125.0104(9)(d), 10 216.292(2)(a), 403.7046(3)(b), 601.15(7)(d), and 11 601.152(8)(c), F. S., to delete provisions which have 12 become inoperative by noncurrent repeal or expiration 13 and, pursuant to s. 11.242(5)(

b) and (i), F.S., may be 14 omitted from the 2022 Florida Statutes only through a 15 reviser’s bill duly enacted by the Legislature; 16 amending ss. 194.032, 395.1065, 603.011, 601.80, 17 721.071, 815.045, and 921.0022, F.S., and repealing s. 18 218.131, F.S., to conform to changes made by the act; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23

Section

Section 27.401, Florida Statutes, is repealed. 24 Reviser’s note.—The cited

section establishes the Cross-Circuit 25 Conflict Representation Pilot Program and provides for its 26 expiration, effective June 30, 2016. 27

Section 2. Subsection (6) of

section 112.24, Florida 28 Statutes, is repealed. 29

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 2 of 36 CODING: Words stricken are deletions; words underlined are additions. Reviser’s note.—The cited subsection, which relates to 30 assignment of a state agency employee pursuant to 31 intergovernmental interchange of public employees under 32 specified recommendations and approval, for the 2020 -2021 33 fiscal year only, expired pursuant to its own terms, 34 effective July 1, 2021. 35

Section 3. Paragraph (

d) of subsection (9) of

section 36 125.0104, Florida Statutes, is amended to read: 37 125.0104 Tourist development tax; procedure for levying; 38 authorized uses; referendum; enforcement.— 39

(9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any 40 other powers and duties provided for agencies created for the 41 purpose of tourism promotion by a county levying the tourist 42 development tax, such agencies are authorized and empowered to: 43 (

d) Undertake marketing research and advertising research 44 studies and provide reservations services and convention and 45 meetings booking services consistent with the authorized uses of 46 revenue as set forth in subsection (5). 47 1.

Information given to a county tourism promotion agency 48 which, if released, would reveal the identity of persons or 49 entities who provide data or other information as a response to 50 a sales promotion effort, an advertisement, or a research 51 project or whose names, addresses, meeting or conventio n plan 52 information or accommodations or other visitation needs become 53 booking or reservation list data, is exempt from s. 119.07(1) 54 and s. 24(a), Art. I of the State Constitution. 55 2.

The following information, when held by a county tourism 56 promotion agency, is exempt from s. 119.07(1) and s. 24(a), Art. 57 I of the State Constitution: 58

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 3 of 36 CODING: Words stricken are deletions; words underlined are additions. a. Booking business records, as defined in s. 255.047. 59 b. Trade secrets and commercial or financial information 60 gathered from a person and privileged or confidential, as 61 defined and interpreted under 5 U.S.C. s. 552(b)(4), or any 62 amendments thereto. 63 3. A trade secret, as defined in s. 812.081, held by a 64 county tourism promotion agency is exempt from s. 119.07(1) and 65 s. 24(a), Art. I of the State Constitution.

This subparagraph is 66 subject to the Open Government Sunset Review Act in accordance 67 with s. 119.15 and shall stand repealed on October 2, 2021, 68 unless reviewed and saved from repeal through reenactment by the 69 Legislature. 70 Reviser’s note.—Amended to conform to the repeal of subparagraph 71 3. pursuant to its own terms, effective October 2, 2021. 72

Section

Section 197.318, Florida Statutes, is repealed. 73 Reviser’s note.—The cited section, which relates to abatement of 74 taxes for residential improvements damaged or destroyed by 75 Hurricane Hermine, Hurricane Matthew, or Hurricane Irma, 76 expired pursuant to its own terms, effective January 1, 77 2021. 78

Section 5. Paragraph (

d) of subsection (11) of

section 79 216.181, Florida Statutes, is repealed. 80 Reviser’s note.—The cited paragraph, which provided that the 81 Legislative Budget Commission may increase the amounts 82 appropriated to the Fish and Wildlife Conservation 83 Commission or the Department of Environmental Protection 84 for fixed capital outlay projects using funds from 85 specified sources, for the 2020-2021 fiscal year only, 86 expired pursuant to its own terms, effective July 1, 2021. 87

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 5 of 36 CODING: Words stricken are deletions; words underlined are additions. 3 days prior to agency implementation in order to provide an 117 opportunity for review. The review shall be limited to ensuring 118 that the transfer is in compliance with the requirements of this 119 paragraph. 120 5. For the 2020-2021 fiscal year, the review shall ensure 121 that transfers proposed pursuant to this paragraph comply with 122 this chapter, maximize the use of available and appropriate 123 trust funds, and are not contrary to legislative policy and 124 intent.

This subparagraph expires July 1, 2021. 125 Reviser’s note.—Amended to conform to the expiration of 126 subparagraph 5. pursuant to its own terms, effective July 127 1, 2021. 128

Section 7. Subsection (15) of

section 255.065, Florida 129 Statutes, is repealed. 130 Reviser’s note.—The cited subsection, which provides an 131 exemption from open government requirements for specified 132 unsolicited proposals received by a responsible public 133 entity, was repealed pursuant to its own terms, effective 134 October 2, 2021. 135

Section 8. Subsection (9) of

section 288.1226, Florida 136 Statutes, is repealed. 137 Reviser’s note.—The cited subsection, which provides an 138 exemption from open government requirements for the 139 identity of any person who responds to a marketing project 140 or advertising research project conducted by the Florida 141 Tourism Industry Marketing Corporation conducted by the 142 corporation in the performance of its duties on behalf of 143 Enterprise Florida, Inc., or trade secrets obtained 144 pursuant thereto, was repealed pursuant to its own terms, 145

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 6 of 36 CODING: Words stricken are deletions; words underlined are additions. effective October 2, 2021. 146

Section 9. Paragraph (

f) of subsection (2) of

section 147 316.066, Florida Statutes, is repealed. 148 Reviser’s note.—The cited paragraph, which provides for an 149 exemption from open government requirements for requests 150 for phone numbers and addresses of parties in an automobile 151 crash report, by specified free newspapers, was repealed 152 pursuant to its own terms, effective October 2, 2019. 153

Section

Section 331.326, Florida Statutes, is repealed. 154 Reviser’s note.—The cited section, which provides an exemption 155 from open government requirements for trade secrets in the 156 records of Space Florida, was repealed pursuant to its own 157 terms, effective October 2, 2021. 158

Section 11. Subsection (6) of

section 339.63, Florida 159 Statutes, is repealed. 160 Reviser’s note.—The cited subsection, which directs the 161 Department of Transportation to fully fund projects on 162 facilities that were designated as part of the Strategic 163 Intermodal System before the most recent designation 164 change, which were approved by the Secretary of 165 Transportation in May 2019, and for which construction has 166 commenced but is not completed, expired pursuant to its own 167 terms, effective July 1, 2021. 168

Section

Section 381.0068, Florida Statutes, is 169 repealed. 170 Reviser’s note.—The cited section, which relates to a technical 171 review and advisory panel to assist the Department of 172 Health with rule adoption, was repealed by s. 9, ch. 2020 -173 150, Laws of Florida, effective July 1, 2021. Sin ce the 174

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section was not repealed by a “current session” of the 175 Legislature, it may be omitted from the 2022 Florida 176 Statutes only through a reviser’s bill duly enacted by the 177 Legislature. See s. 11.242(5)(

b) and (i). 178

Section

Section 381.83, Florida Statutes, is repealed. 179 Reviser’s note.—The cited section, which provides an exemption 180 from open government requirements for trade secrets 181 obtained under

chapter 381, was repealed pursuant to its 182 own terms, effective October 2, 2021. 183

Section

Section 393.0661, Florida Statutes, is 184 repealed. 185 Reviser’s note.—The cited section, which relates to a 186 comprehensive redesign of the home and community -based 187 services delivery system, was repealed by s. 3, ch. 2020 -188 71, Laws of Florida, effective July 1, 2021. Since the 189

section was not repealed by a “current session” of the 190 Legislature, it may be omitted from the 2022 Florida 191 Statutes only through a reviser’s bill duly enacted by the 192 Legislature. See s. 11.242(5)(

b) and (i). 193

Section 15. Paragraph (

f) of subsection (1) of

section 194 395.1055, Florida Statutes, is repealed. 195 Reviser’s note.—The cited paragraph, which relates to submittal 196 of such data as necessary to conduct certificate -of-need 197 reviews required under

part I of

chapter 408 by hospitals, 198 was repealed by s. 3, ch. 2019-136, Laws of Florida, 199 effective July 1, 2021. Since the paragraph was not 200 repealed by a “current session” of the Legislature, it may 201 be omitted from the 2022 Florida Statutes only through a 202 reviser’s bill duly enacted by the Legislature. See s. 203

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 8 of 36 CODING: Words stricken are deletions; words underlined are additions. 11.242(5)(

b) and (i). 204

Section 16. Subsection (2) of

section 403.7046, Florida 205 Statutes, is repealed, and paragraph (

b) of subsection (3) of 206 that

section is amended to read: 207 403.7046 Regulation of recovered materials.— 208

(3) Except as otherwise provided in this

section or 209 pursuant to a special act in effect on or before January 1, 210 1993, a local government may not require a commercial 211 establishment that generates source-separated recovered 212 materials to sell or otherwise convey its recovered materials to 213 the local government or to a facility designated by the local 214 government, nor may the local government restrict such a 215 generator’s right to sell or otherwise convey such recovered 216 materials to any properly certified recovered materials dealer 217 who has satisfied the requirements of this section.

A local 218 government may not enact any ordinance that prevents such a 219 dealer from entering into a contract with a commercial 220 establishment to purchase, collect, transport, process, or 221 receive source-separated recovered materials. 222 (b)1. Before engaging in business within the jurisdiction 223 of the local government, a recovered materials dealer or 224 pyrolysis facility must provide the local government with a copy 225 of the certification provided for in this section.

In addition, 226 the local government may establish a registration process 227 whereby a recovered materials dealer or pyrolysis facility must 228 register with the local government before engaging in business 229 within the jurisdiction of the local government. Such 230 registration process is limited to requiring the dealer or 231 pyrolysis facility to register its name, including the owner or 232

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 9 of 36 CODING: Words stricken are deletions; words underlined are additions. operator of the dealer or pyrolysis facility, and, if the dealer 233 or pyrolysis facility is a business entity, its general or 234 limited partners, its corporate officers and directors, its 235 permanent place of business, evidence of its certification under 236 this section, and a certification that the recovered materials 237 or post-use polymers will be processed at a recovered materials 238 processing facility or pyrolysis facility satisfying the 239 requirements of this section.

The local government may not use 240 the information provided in the registration application to 241 compete unfairly with the recovered materials dealer until 90 242 days after receipt of the application.

All countie s, and 243 municipalities whose population exceeds 35,000 according to the 244 population estimates determined pursuant to s. 186.901, may 245 establish a reporting process that must be limited to the 246 regulations, reporting format, and reporting frequency 247 established by the department pursuant to this section, which 248 must, at a minimum, include requiring the dealer or pyrolysis 249 facility to identify the types and approximate amount of 250 recovered materials or post-use polymers collected, recycled, or 251 reused during the reporting period; the approximate percentage 252 of recovered materials or post-use polymers reused, stored, or 253 delivered to a recovered materials processing facility or 254 pyrolysis facility or disposed of in a solid waste disposal 255 facility; and the locations where any recovered materials or 256 post-use polymers were disposed of as solid waste.

The local 257 government may charge the dealer or pyrolysis facility a 258 registration fee commensurate with and no greater than the cost 259 incurred by the local government in operating i ts registration 260 program. Registration program costs are limited to those costs 261

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 10 of 36 CODING: Words stricken are deletions; words underlined are additions. associated with the activities described in this paragraph 262 subparagraph. Any reporting or registration process established 263 by a local government with regard to recovered materia ls or 264 post-use polymers is governed by this

section and department 265 rules adopted pursuant thereto. 266 2. Information reported under this subsection which, if 267 disclosed, would reveal a trade secret, as defined in s. 268 812.081, is confidential and exempt from s. 119.07(1) and s. 269 24(a), Art. I of the State Constitution.

This subparagraph is 270 subject to the Open Government Sunset Review Act in accordance 271 with s. 119.15 and shall stand repealed on October 2, 2021, 272 unless reviewed and saved from repeal through reenactm ent by the 273 Legislature. 274 Reviser’s note.—Amended to conform to the repeal of subsection 275 (2) and subparagraph (3)(b)2., which were repealed pursuant 276 to their own terms, effective October 2, 2021. 277

Section

Section 403.73, Florida Statutes, is repealed. 278 Reviser’s note.—The cited section, which provides an exemption 279 from open government requirements for trade secrets within 280 specified records, reports, or information under

part IV of 281

chapter 403, was repealed pursuant to its own terms, 282 effective October 2, 2021. 283

Section 18. Subsection (6) of

section 409.968, Florida 284 Statutes, is repealed. 285 Reviser’s note.—The cited subsection, which requires the Agency 286 for Health Care Administration to withhold and set aside a 287 portion of the managed care rates from the rate cells for 288 special needs and home health services in managed medical 289 assistance and managed long-term care programs to implement 290

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 11 of 36 CODING: Words stricken are deletions; words underlined are additions. a home health performance incentive program, expired 291 pursuant to its own terms, effective July 1, 2021. 292

Section 19. Subsection (2) of

section 420.0005, Florida 293 Statutes, is repealed. 294 Reviser’s note.—The cited subsection, which relates to use of 295 funds as provided in the General Appropriations Act for the 296 State Housing Trust Fund and the State Housing Fund for the 297 2020-2021 fiscal year, expired pursuant to its own terms, 298 effective July 1, 2021. 299

Section 20. Subsection (3) of

section 420.9079, Florida 300 Statutes, is repealed. 301 Reviser’s note.—The cited subsection, which relates to use of 302 funds as provided in the General Appropriations Act for the 303 Local Government Housing Trust Fund for the 2020 -2021 304 fiscal year, expired pursuant to its own terms, effective 305 July 1, 2021. 306

Section 21. Paragraph (

b) of subsection (7) of

section 307 499.0121, Florida Statutes, is repealed. 308 Reviser’s note.—The cited paragraph, which provides an exemption 309 from open government requirements for information 310 constituting a trade secret within prescription drug 311 purchase lists, was repealed pursuant to its own terms, 312 effective October 2, 2021. 313

Section 22. Paragraph (

b) of subsection (7) of

section 314 499.051, Florida Statutes, is repealed. 315 Reviser’s note.—The cited paragraph, which provides an exemption 316 from open government requirements for information 317 constituting a trade secret contained in a compl aint or 318 obtained by the Department of Business and Professional 319

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 12 of 36 CODING: Words stricken are deletions; words underlined are additions. Regulation pursuant to an investigation, was repealed 320 pursuant to its own terms, effective October 2, 2021 . 321

Section

Section 499.931, Florida Statutes, is repealed. 322 Reviser’s note.—The cited section, which provides an exemption 323 from open government requirements for trade secret 324 information submitted under

part III of

chapter 499, was 325 repealed pursuant to its own terms, effective October 2, 326 2021. 327

Section

Section 502.222, Florida Statutes, is repealed. 328 Reviser’s note.—The cited section, which provides an exemption 329 from open government requirements for information in 330 Department of Agriculture and Consumer Services records 331 regarding matters encompassed by

chapter 502 that would 332 reveal a trade secret, was repealed pursuant to its own 333 terms, effective October 2, 2021. 334

Section 25. Subsection (3) of

section 570.48, Florida 335 Statutes, is repealed. 336 Reviser’s note.—The cited subsection, which provides an 337 exemption from open government requirements for trade 338 secret information within records of the Division of Fruit 339 and Vegetables, was repealed pursuant to its own terms, 340 effective October 2, 2021. 341

Section 26. Subsection (2) of

section 573.123, Florida 342 Statutes, is repealed. 343 Reviser’s note.—The cited subsection, which provides an 344 exemption from open government requirements for trade 345 secret information relating to marketing orders , was 346 repealed pursuant to its own terms, effective October 2, 347 2021. 348

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Section 27. Paragraph (

b) of subsection (8) of

section 349 601.10, Florida Statutes, is repealed. 350 Reviser’s note.—The cited paragraph, which provides an exemption 351 from open government requirements for trade secret 352 information provided to the Department of Citrus, was 353 repealed pursuant to its own terms, effective October 2, 354 2021. 355

Section 28. Paragraph (

d) of subsection (7) of

section 356 601.15, Florida Statutes, is amended to read: 357 601.15 Advertising campaign; methods of conducting; 358 assessments; emergency reserve fund; citrus research. — 359

(7) All assessments levied and collected under this

chapter 360 shall be paid into the State Treasury on or before the 15th day 361 of each month. Such moneys shall be accounted for in a special 362 fund to be designated as the Florida Citrus Advertising Trust 363 Fund, and all moneys in such fund are appropriated to the 364 department for the following purposes: 365 (d)1.

The pro rata portion of moneys allocated to each type 366 of citrus product in noncommodity programs shall be used by the 367 department to encourage substantial increases in the 368 effectiveness, frequency, and volume of noncommodity 369 advertising, merchandising, publicity, and sales promotion of 370 such citrus products through rebates and incentive payments to 371 handlers and trade customers for these activities. The 372 department shall adopt rules providing for the use of such 373 moneys.

The rules shall establish alternate incentive programs, 374 including at least one incentive program for product sold under 375 advertised brands, one incentive program for product sold under 376 private label brands, and one incentive program for product sold 377

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 14 of 36 CODING: Words stricken are deletions; words underlined are additions. in bulk. For each incentive program, the rules must establish 378 eligibility and performance requirements and must provide 379 appropriate limitations on amounts payable to a handler or trade 380 customer for a particular season. Such limitations may relate to 381 the amount of citrus assessments levied and collected on the 382 citrus product handled by such handler or trade customer during 383 a 12-month representative period. 384 2.

The department may require from participants in 385 noncommodity advertising and promotional programs commercial 386 information necessary to determine eligibility for and 387 performance in such programs. Any information required which 388 constitutes a trade secret as defined in s. 812.081 is 389 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 390 of the State Constitution.

This subparagraph is subject to the 391 Open Government Sunset Review Act in accordance with s. 119.15 392 and shall stand repealed on October 2, 2021, unless reviewed and 393 saved from repeal through reenactment by the Legislature. 394 Reviser’s note.—Amended to conform to the repeal of subparagraph 395 2. pursuant to its own terms, effective October 2, 2021 . 396

Section 29. Paragraph (

c) of subsection (8) of

section 397 601.152, Florida Statutes, is amended to read: 398 601.152 Special marketing orders.— 399 (8) 400 (c)1. Every handler shall, at such times as the department 401 may require, file with the department a return, not under oath, 402 on forms to be prescribed and furnished by the department, 403 certified as true and correct, stating the quantity of the type, 404 variety, and form of citrus fruit or citrus product specified in 405 the marketing order first handled in the primary channels of 406

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 15 of 36 CODING: Words stricken are deletions; words underlined are additions. trade in the state by such handler during the period of time 407 specified in the marketing order. Such returns must contain any 408 further information deemed by the department to be reasonably 409 necessary to properly administer or enforce this

section or any 410 marketing order implemented under this section. 411 2. Information that, if disclosed, would reveal a trade 412 secret, as defined in s. 812.081, of any person subject to a 413 marketing order is confidential and exempt from s. 119.07(1) and 414 s. 24(a), Art. I of the State Constitution. This subparagraph is 415 subject to the Open Government Sunset Review Act in accordance 416 with s. 119.15 and shall stand repealed on October 2, 2021, 417 unless reviewed and saved from repeal through reenactment by the 418 Legislature. 419 Reviser’s note.—Amended to conform to the repeal of subparagraph 420 2. pursuant to its own terms, effective October 2, 2021 . 421

Section

Section 601.76, Florida Statutes, is repealed. 422 Reviser’s note.—The cited section, which provides an exemption 423 from open government requirements for formulas, which are 424 deemed trade secrets, required to be filed with the 425 Department of Agriculture under the section, was repealed 426 pursuant to its own terms, effective October 2, 2021. 427

Section 31. Subsection (3) of

section 815.04, Florida 428 Statutes, is repealed. 429 Reviser’s note.—The cited subsection, which provides an 430 exemption from open government requirements for data, 431 programs, or supporting documentation constituting a trade 432 secret as defined in s. 812.081, held by an agency as 433 defined in

chapter 119 and that resides on specified 434 electronic devices, was repealed pursuant to its own terms, 435

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Section 32. Subsection (17) of

section 893.055, Florida 437 Statutes, is repealed. 438 Reviser’s note.—The cited subsection, which prohibits the 439 Attorney General and the Department of Health from using 440 funds received as part of a settlement agreement to 441 administer the prescription drug monitoring program, 442 expired pursuant to its own terms, effective July 1, 2021. 443

Section 33. Sections 1004.33 and 1004.34, Florida Statutes, 444 are repealed. 445 Reviser’s note.—The cited sections, which relate to University 446 of South Florida St. Petersburg and the University of South 447 Florida Sarasota, respectively, were repealed by s. 8, ch. 448 2018-4, Laws of Florida, effective July 1, 2020. Since the 449 sections were not repealed by a “current session” of the 450 Legislature, they may be omitted from the 2022 Florida 451 Statutes only through a reviser’s bill duly enacted by the 452 Legislature. See s. 11.242(5)(

b) and (i). 453

Section

Section 1004.335, Florida Statutes, is 454 repealed. 455 Reviser’s note.—The cited section, which relates to 456 accreditation consolidation of South Florida branch 457 campuses, expired pursuant to its own terms, effective July 458 1, 2020. 459

Section 35. Paragraph (

b) of subsection (1) of

section 460 194.032, Florida Statutes, is amended to read: 461 194.032 Hearing purposes; timetable.— 462 (1) 463 (

b) Notwithstanding the provisions of paragraph (a), the 464

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 17 of 36 CODING: Words stricken are deletions; words underlined are additions. value adjustment board may meet prior to the approval of the 465 assessment rolls by the Department of Revenue, but not earlier 466 than July 1, to hear appeals pertaining to the denial by th e 467 property appraiser of exemptions, tax abatements under s. 468 197.318, agricultural and high-water recharge classifications, 469 classifications as historic property used for commercial or 470 certain nonprofit purposes, and deferrals under subparagraphs 471 (a)2., 3., and 4.

In such event, however, the board may not 472 certify any assessments under s. 193.122 until the Department of 473 Revenue has approved the assessments in accordance with s. 474 193.1142 and all hearings have been held with respect to the 475 particular parcel under appeal. 476 Reviser’s note.—Amended to conform to the repeal of s. 197.318 477 by this act. 478

Section

Section 218.131, Florida Statutes, is repealed. 479 Reviser’s note.—The cited section, which relates to offset for 480 tax loss associated with reductions in value of certain 481 residences due to specified hurricanes for the 2019 -2020 482 fiscal year, occurring as a direct result of the 483 implementation of s. 197.318, is obsolete and intricately 484 tied to s. 197.318, which is repealed by this act. 485

Section 37. Subsection (5) of

section 395.1065, Florida 486 Statutes, is amended to read: 487 395.1065 Criminal and administrative penalties; 488 moratorium.— 489

(5) The agency shall impose a fine of $500 for each 490 instance of the facility’s failure to provide the information 491 required by rules adopted pursuant to s. 395.1055(1)(f) 492 395.1055(1)(g). 493

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f) by this act. 495

Section 38. Subsection (2) of

section 603.011, Florida 496 Statutes, is amended to read: 497 603.011 Fruit and vegetable inspection fees; penalty.— 498

(2) All fees collected by the department under this

section 499 shall be deposited into the Citrus Inspection Trust Fund, except 500 that fees collected pursuant to paragraph (1)(

b) and s. 501 570.48(3) 570.48(4) shall be deposited in the General Inspection 502 Trust Fund. 503 Reviser’s note.—Amended to conform to the repeal of s. 570.48(3) 504 by this act. 505

Section

Section 601.80, Florida Statutes, is amended to 506 read: 507 601.80 Unlawful to use uncertified coloring matter.—It is 508 unlawful for any person to use on oranges or citrus hybrids any 509 coloring matter which has not first received the approval of the 510 Department of Agriculture as provided under s. 601.76. 511 Reviser’s note.—Amended to conform to the repeal of s. 601.76 by 512 this act. 513

Section 40. Subsection (1) of

section 721.071, Florida 514 Statutes, is amended to read: 515 721.071 Trade secrets.— 516

(1) If a developer or any other person filing material with 517 the division pursuant to this

chapter expects the division to 518 keep the material confidential on grounds that the material 519 constitutes a trade secret, as that term is defined in s. 520 812.081, the developer or other person shall file the material 521 together with an affidavit of confidentiality. “Filed material” 522

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section shall mean material that is filed 523 with the division with the expectation that the material will be 524 kept confidential and that is accompanied by an affidavit of 525 confidentiality. Filed material that is trade secret information 526 includes, but is not limited to, service contracts relat ing to 527 the operation of reservation systems and those items and matters 528 described in s. 815.04(3). 529 Reviser’s note.—Amended to conform to the repeal of s. 815.04(3) 530 by this act. 531

Section

Section 815.045, Florida Statutes, is amended 532 to read: 533 815.045 Trade secret information.—The Legislature finds 534 that it is a public necessity that trade secret information as 535 defined in s. 812.081, and as provided for in s. 815.04(3), be 536 expressly made confidential and exempt from the public records 537 law because it is a felony to disclose such records. Due to the 538 legal uncertainty as to whether a public employee would be 539 protected from a felony conviction if otherwise complying with 540

chapter 119, and with s. 24(a), Art. I of the State 541 Constitution, it is imperative that a public records exemption 542 be created. The Legislature in making disclosure of trade 543 secrets a crime has clearly established the importance attached 544 to trade secret protection.

Disclosing trade secrets in an 545 agency’s possession would negatively impact the bus iness 546 interests of those providing an agency such trade secrets by 547 damaging them in the marketplace, and those entities and 548 individuals disclosing such trade secrets would hesitate to 549 cooperate with that agency, which would impair the effective and 550 efficient administration of governmental functions. Thus, the 551

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 20 of 36 CODING: Words stricken are deletions; words underlined are additions. public and private harm in disclosing trade secrets 552 significantly outweighs any public benefit derived from 553 disclosure, and the public’s ability to scrutinize and monitor 554 agency action is not diminished by nondisclosure of trade 555 secrets. 556 Reviser’s note.—Amended to conform to the repeal of s. 815.04(3) 557 by this act. 558

Section 42. Paragraphs (

a) and (

c) of subsection (3) of 559

section 921.0022, Florida Statutes, are amended to read: 560 921.0022 Criminal Punishment Code; offense severity ranking 561 chart.— 562

(3) OFFENSE SEVERITY RANKING CHART 563 (

a) LEVEL 1 564 565 Florida Statute Felony Degree Description 566 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 567 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 568 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000. 569 316.1935(1) 3rd Fleeing or attempting to

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 21 of 36 CODING: Words stricken are deletions; words underlined are additions. elude law enforcement officer. 570 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 571 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 572 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 573 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification. 574 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 575 322.212(5)(a) 3rd False application for driver license or identification card. 576

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 22 of 36 CODING: Words stricken are deletions; words underlined are additions. 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 577 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 578 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more. 579 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 580 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more. 581 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 582 815.04(4)(a) 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 23 of 36 CODING: Words stricken are deletions; words underlined are additions. programs, data). 583 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 584 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 585 826.01 3rd Bigamy. 586 828.122(3) 3rd Fighting or baiting animals. 587 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 588 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 589 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 590

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 24 of 36 CODING: Words stricken are deletions; words underlined are additions. 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. 591 838.15(2) 3rd Commercial bribe receiving. 592 838.16 3rd Commercial bribery. 593 843.18 3rd Fleeing by boat to elude a law enforcement officer. 594 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 595 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. 596 849.23 3rd Gambling-related machines; “common offender” as to property rights. 597 849.25(2) 3rd Engaging in bookmaking.

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 25 of 36 CODING: Words stricken are deletions; words underlined are additions. 598 860.08 3rd Interfere with a railroad signal. 599 860.13(1)(a) 3rd Operate aircraft while under the influence. 600 893.13(2)(a)2. 3rd Purchase of cannabis. 601 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 602 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. 603 (

c) LEVEL 3 604 605 Florida Statute Felony Degree Description 606 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 607 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 26 of 36 CODING: Words stricken are deletions; words underlined are additions. 608 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 609 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 610 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 611 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 612 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 613 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 614 327.35(2)(b) 3rd Felony BUI.

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 27 of 36 CODING: Words stricken are deletions; words underlined are additions. 615 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 616 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 617 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 618 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 619

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 28 of 36 CODING: Words stricken are deletions; words underlined are additions. 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act. 620 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 621 400.9935(4)(

a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 622 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 623 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report. 624

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 29 of 36 CODING: Words stricken are deletions; words underlined are additions. 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 625 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 626 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 627 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 628 697.08 3rd Equity skimming. 629 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 630 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 30 of 36 CODING: Words stricken are deletions; words underlined are additions. 631 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 632 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 633 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 634 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 635 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 636 812.081(2) 3rd Theft of a trade secret. 637 815.04(4)(b) 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property. 638 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 31 of 36 CODING: Words stricken are deletions; words underlined are additions.

Communications Fraud Act), property valued at less than $20,000. 639 817.233 3rd Burning to defraud insurer. 640 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 641 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 642 817.236 3rd Filing a false motor vehicle insurance application. 643 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 644 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 645 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 32 of 36 CODING: Words stricken are deletions; words underlined are additions. permanent disability. 646 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 647 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 648 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 649 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 650 860.15(3) 3rd Overcharging for repairs and parts. 651 870.01(2) 3rd Riot. 652 870.01(4) 3rd Inciting a riot. 653 893.13(1)(a)2. 3rd Sell, manufacture, or

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 33 of 36 CODING: Words stricken are deletions; words underlined are additions. deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs). 654 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university. 655 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility. 656 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 34 of 36 CODING: Words stricken are deletions; words underlined are additions. controlled substances. 657 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 658 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 659 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 660 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 661 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by

chapter 893. 662 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 35 of 36 CODING: Words stricken are deletions; words underlined are additions. an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice. 663 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 664 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 665 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 666

Florida Senate - 2022 SB 850 28-01065-22 2022850__ Page 36 of 36 CODING: Words stricken are deletions; words underlined are additions. 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 667 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 668 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 669 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 670 Reviser’s note.—Amended to conform to the repeal of s. 815.04(3) 671 by this act. 672

Section 43. This act shall take effect on the 60th day 673 after adjournment sine die of the session of the Legislature in 674 which enacted. 675