Laws that went into effect July 1, 2017

Just in case you thought our Florida legislature can never get anything done ... here is a list of laws passed that went into effect on July 1.

Educational Options – HB 0015
Prohibiting a student who is enrolled in the Florida School for the Deaf and the Blind from being eligible for the Gardiner Scholarship Program; revising student eligibility criteria for the Florida Tax Credit Scholarship Program; authorizing a child of a parent who is a member of the United States Armed Forces to apply for a scholarship at any time, etc.

Civil Remedies for Terrorism – HB 0065
Creates cause of action relating to terrorism; specifies measure of damages; prohibits claims by specified individuals; provides for attorney fees & court costs; provides construction.

Renewable Energy Source Devices – SB 0090
Revising and defining terms related to renewable energy source devices; prohibiting consideration of the just value of property attributable to a renewable energy source device in determining the assessed value of residential real property; exempting a specified percentage of the assessed value of certain renewable energy source devices from ad valorem taxation; exempting a specified percentage of the assessed value of renewable energy source devices affixed to property owned or leased by the United States Department of Defense for the military from ad valorem taxation, etc.

Certificates of Nonviable Birth – HB 0101
Creates “Grieving Families Act”; authorizes State Registrar of Vital Statistics Office of DOH to electronically receive certificate of nonviable birth; requires DOH to issue certificate of nonviable birth upon request of specified parent; authorizes rulemaking by DOH.

Public Records/Nonviable Birth Records – HB 0103
Provides that certain information included in nonviable birth records is confidential & exempt from public records requirements; provides for future legislative review & repeal of exemption; provides statement of public necessity.

Vendors Licensed Under the Beverage Law – SB 0106
Revising applicability to specify circumstances under which persons under the age of 18 years who are employed in specified businesses are excluded from certain employment prohibitions; providing that failure to comply with a restriction on monthly revenue from the sale of alcoholic beverages is unlawful if a minor is employed during a month that the restriction is exceeded; limiting the package store restrictions to vendors located within a certain distance of a school, etc.

Pub. Rec./Identity of Witness to a Murder – HB 0111
Provides that personal identifying information of witness to murder remains confidential & exempt for specified period; authorizes specified entities & parties to receive information; provides for future legislative review & repeal of exemption.

Criminal History Records – SB 0118
Prohibiting a person or entity engaged in publishing or disseminating arrest booking photographs from soliciting or accepting a fee or other payment to remove a photograph; authorizing a person whose arrest booking photograph is published to request in writing that it be removed; requiring the Criminal Justice Information Program to administratively seal the criminal history records of an adult or a minor upon notification by the clerk of the court under specified circumstances, etc. Effective Date: Except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect July 1, 2018.

Proceedings Involving Minors or Certain Other Persons – HB 0151
Provides that judges may allow use of certain therapy animals or facility dogs in proceedings involving abuse, abandonment, or neglect; allows such animals to be used when taking testimony of certain other persons.

Certificates of Title for Motor Vehicles – SB 0164
Prohibiting the Department of Highway Safety and Motor Vehicles and tax collector from charging any fee or service charge, except for the expedited title fee, if applicable, for a certificate of title issued for a motor vehicle solely to remove a deceased coowner from a title registered in the name of two persons if the other co-owner is the surviving spouse, etc.

Fictitious Name Registration – HB 0169
Revises information required to register fictitious name; revises requirements for change in registration; revises provisions concerning expiration of registration; prohibits renewal of registration if registered fictitious name is prohibited by specified provisions; specifies additional forms of business organization that may not be required to register; revises provisions concerning penalties for violations; specifies additional terms that may not be included in fictitious name.

Natural Hazards – HB 0181
Creates interagency workgroup to share information, coordinate efforts, & collaborate on initiatives relating to natural hazards; requires certain
agencies to designate liaisons to the workgroup; requires the Division of Emergency Management to prepare annual report; requires report to be posted on agency websites & submitted to the Governor & Legislature; providing an appropriation.

State Park Fees – HB 0185
Provides certain discounts on state park fees to specified foster & adoptive families; requires Division of Recreation & Parks within DEP & DCF to establish certain standards & procedures & to hold certain events.

Medical Faculty & Medical Assistant Certification HB 0209
Requires DOH to process certain applications for temporary certificate using personal identification number; revises circumstances under which visiting physician may be issued temporary certificate; revises list of schools at which certain faculty members are eligible to receive medical faculty certificate; authorizes certificateholder to practice at certain hospitals; authorizes certain medical directors to request provision of care & treatment; provides requirement for certified medical assistant credential; revises qualifications for employment as medical assistant in certain testing center.

Cosmetic Product Registration – HB 0211
Deletes requirement that person who manufactures, packages, repackages, labels, or relabels cosmetic in this state register such cosmetic biennially with DBPR; revises annual fee for cosmetic manufacturing permit.

Transportation Network Companies – HB 0221
Providing that a transportation network company (TNC) driver is not required to register certain vehicles as commercial motor vehicles or for-hire vehicles; requiring a TNC to designate and maintain an agent for service of process in this state; providing fare requirements; providing that TNC drivers are independent contractors if specified conditions are met; requiring a TNC to implement a zero-tolerance policy for drug or alcohol use, subject to certain requirements; requiring a TNC to conduct a certain background check for a TNC driver after a specified period; requiring TNC drivers to comply with the nondiscrimination policy and certain applicable laws regarding nondiscrimination and accommodation of service animals, etc.

Public Records/Protective Injunction Petitions – HB 0239
Provides exemption from public records requirements for petitions, & contents thereof, for certain protective injunctions that are dismissed in certain circumstances; provides statement of public necessity.

Wills and Trusts – HB 0277
Creating the “Florida Electronic Wills Act”; specifying requirements that must be satisfied in the execution of electronic wills; authorizing an electronic will of a nonresident of this state which is properly executed in this or another state to be offered for and admitted to probate in this state; specifying requirements for service as a qualified custodian, etc.

Middle Grades – HB 0293
Requires that DOE contract to conduct comprehensive study of states with nationally recognized high-performing middle schools in reading & mathematics; requires report to Governor, SBE & Legislature by specified time; provides for expiration; deletes requirements related to career & education planning course for middle grades promotion; provides appropriation.

Central Florida Expressway Authority – HB 0299
Increases membership of Central Florida Expressway Authority to include member appointed by chair of Brevard County Commission; Authorizes Governor to appoint citizen member from Brevard County; adds area within geographical boundary of Brevard County to area to be served by authority; conforms provisions.

Law Enforcement Body Cameras – HB 0305
Requires law enforcement agencies to establish policies & procedures authorizing officer’s review of camera footage of incident before writing report or providing statement; provides exception.

Florida Life and Health Insurance Guaranty Association – HB 0307
Revising applicability of the Florida Life and Health Insurance Guaranty Association Act as to specified annuity contracts; revising the association’s maximum aggregate liability for the contractual obligations of an insolvent insurer with respect to one life; specifying the association’s maximum liability as to certain health insurance policies beginning on a specified date, etc
Child Protection – HB 0329
Prohibits time-sharing plan from requiring or being interpreted to require visitation at recovery residence between specified hours; provides exceptions; requires court to consider certain factors to determine best interest of child; prohibits court from ordering visitation under specified circumstances; authorizes certified recovery residence to allow minor child to visit, excluding visits during specified hours; provides exceptions; prohibits certified recovery residence from allowing visitation under specified circumstances.

Resource Recovery and Management – HB 0335
Defining the terms “gasification,” “post-use polymer,” “pyrolysis,” and “pyrolysis facility” and revising definitions; providing that certain pyrolysis facilities are exempt from certain resource recovery regulations;requiring certain handlers of post-use polymers to certify to the Department of Environmental Protection; authorizing recovered materials dealers to use pyrolysis facilities for recovered materials or post-use polymers processing, etc.

Motor Vehicle Service Agreement Companies – HB 0339
Revises qualifications for motor vehicle service agreement company to obtain & maintain license; allows certain entities to cancel service agreements in certain circumstances; provides such cancellations are only valid if authorized.

Self-Service Storage Facilities – HB 0357
Provides that lien sale may be conducted on certain websites; provides that facility or unit owner is not required to hold license to post property for online sale; limits maximum value of certain property; provides options for disposition of motor vehicles or watercraft claimed to be subject to lien; authorizes facility or unit owner to charge tenant certain fees under certain conditions

Bail Bonds – HB 0361
Revises legislative intent concerning obligations of bail bond agent; revises commitments & obligations of bail bond agent; revises circumstances that constitute breach by bail bond agent & under which surety bond deposited as bail must be forfeited; revises circumstances that require forfeiture to be discharged; specifies that certain provisions concerning cancellation of bond do not apply if bond is forfeited within specified period; provides that original appearance bond does not guarantee placement in court-ordered program.

Bail Bonds – SB 0368
Revises legislative intent concerning obligations of bail bond agent; revises commitments & obligations of bail bond agent; revises circumstances that constitute breach by bail bond agent & under which surety bond deposited as bail must be forfeited; revises circumstances that require forfeiture to be discharged; specifies that certain provisions concerning cancellation of bond do not apply if bond is forfeited within specified period; provides that original appearance bond does not guarantee placement in court-ordered program.

Florida Wing of the Civil Air Patrol – SB 0370
Requiring certain employers to provide Civil Air Patrol leave; prohibiting specified public and private employers from discharging, reprimanding, or penalizing a Civil Air Patrol member because of his or her absence by reason of taking Civil Air Patrol leave, etc.

Assistive Technology Devices – HB 0371
Revises provisions relating to accessibility & use of assistive technology devices by persons with disabilities.

Limitations on Actions other than for the Recovery of Real Property – HB 0377
Specifies date of completion for specified contracts for limitation of action purposes.

Underground Facilities – HB 0379
Revises information to be submitted to Legislature by board of directors of Sunshine State One-Call of Florida, Inc.; requires excavators to call 911 under specified circumstances; requires member operators to file report with free-access notification system; provides reporting requirements; specifies distribution of civil penalties issued by state law enforcement officers.

Student Loan Debt – SB 0396
Defining the term “student loans”; requiring post-secondary institutions to annually provide certain students with specified information regarding their student loans; providing that an institution does not incur any liability for providing such information, etc.

Estoppel Certificates – SB 0398
Revising requirements relating to the issuance of an estoppel certificate to specified persons; requiring a condominium, cooperative, or
homeowners’ association to designate a street or e-mail address on its website for estoppel certificate requests; prohibiting an association from charging a preparation and delivery fee or making certain
claims if it fails to deliver an estoppel certificate within certain timeframes, etc.

Guardianship – HB 0399
Requires each examining committee member in proceeding to determine incapacity to file report with clerk of court within specified time; requires clerk to serve each report on specified persons within specified time; revises time before hearing on petition within which specified parties must be served; authorizes petitioner & alleged incapacitated person to move for continuance if service is not timely & to object to introduction of all or any part of report; specifies that admissibility of report is governed by rules of evidence; requires that adjudicatory hearing be conducted within specified time; changes time that guardian has to file required annual guardianship plan; eliminates requirement that
court must first find that ward’s spouse has consented to dissolution of marriage before authorizing guardian to exercise specified rights; removes cap on funeral expenses.

Notaries Public – HB 0401
Expands list of forms of identification which notary public may rely on in notarizing signature on document to include veteran health ID card.

Public Housing Authority Insurance – HB 0421
Authorizes certain entities to join self-insurance funds participated in by public housing authorities for specified purpose; authorizes reinsurance companies to issue coverage directly to certain entities; requires contracts issued to such entities to receive same tax treatment as contracts issued to insurance companies.

Religious Expression in Public Schools – SB 0436
Citing this act as the “Florida Student and School Personnel Religious Liberties Act”; prohibiting a school district from discriminating against students, parents, or school personnel on the basis of religious viewpoints or expression; prohibiting penalty or reward for a student’s religious expression in coursework, artwork, or other specified assignments; requiring a school district to comply with the federal requirements in Title VII of the Civil Rights Act of 1964, etc.

Court Records – HB 0441
Provides exemption from liability for release of certain information by clerk of court.

Firefighters – HB 0465
Provides for designation as Lifetime Firefighter; provides requirements for such designation; provides responsibilities of Division of State Fire Marshal within DFS; authorizes division to investigate convictions or disqualifying events concerning Lifetime Firefighters; authorizes division to adopt rules.

Department of Agriculture and Consumer Services – HB 0467
Revises & repeals provisions relating to agriculture education & promotion facilities, surveyors & mappers, pesticides & devices, private investigative agencies, health studios, telephone solicitation, taximeters & transportation measurement systems, livestock, marketing & inspection of agricultural commodities, Florida Building Code & Florida Forest Service facilities, & aquaculture & agriculture dealers & producers; revises requirements for obtaining & reducing fees for concealed weapon or firearm license.

Hospice Care – SB 0474
Requiring the Department of Elderly Affairs, in conjunction with the Agency for Health Care Administration, to adopt national hospice outcome measures and survey data by a specified date and to make such measures available to the public; authorizing certain hospice personnel to assist in the disposal of certain prescribed controlled substances; requiring a hospice to maintain an up-to-date interdisciplinary record of care, etc.

Enhanced Safety for School Crossings – HB 0493
Requires DOT to evaluate viability & cost of uniform system of high-visibility markings & signage for designation of safe school crossings, subject to certain requirements; authorizes DOT to consider implementation of new technology/innovations that enhance pedestrian & crosswalk visibility; requires report.

Florida Statutes – SB 0500, 0501, 0504, 0506
Adopting the Florida Statutes 2017 and designating the portions thereof that are to constitute the official law of the state, etc.
Deleting provisions that have expired, have become obsolete, have had their effect, have served their purpose, or have been impliedly repealed or superseded, etc.
Deleting provisions which have become inoperative by non-current repeal or expiration and, pursuant to s. 11.242(5)(b) and (i), F.S., may be omitted from the 2017 Florida Statutes only through a reviser’s bill duly enacted by the Legislature, etc.
Amending and repealing provisions to conform to the directive of the Legislature in section 9 of chapter 2012-116, Laws of Florida, codified as section 11.242(5)(j), Florida Statutes, to prepare a reviser’s bill to omit all statutes and laws, or parts thereof, which grant duplicative, redundant, or unused rulemaking authority, etc.

Florida Comprehensive Drug Abuse Prevention and Control Act – HB 0505
Specifies that ioflupane I 123 is not included in Schedule II; provides that reference to ch. 893, F.S., or to any section or portion thereof, includes all subsequent amendments.

Controlled Substance Prescribing – HB 0557
Revising requirements for reporting the dispensing of controlled substances; limiting an exception to reporting requirements for certain facilities that dispense controlled substances; authorizing certain employees of the United States Department of Veterans Affairs access to certain information in the prescription drug monitoring program database, etc.

Water Protection and Sustainability – HB 0573
Creates “Heartland Headwaters Protection & Sustainability Act”; requires cooperative to prepare annual report concerning water resource projects & specifies requirements for such report.

Public Works Projects – HB 0599
Prohibits state & political subdivisions that contract for public works projects from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers or carriers; prohibits state & political subdivisions from restricting qualified bidders from submitting bids; provides applicability.

Professional Regulation – HB 0653
Creates the Occupational Opportunity Act; revises length of time active duty service member may remain in good standing with administrative board or program; requires that spouse or surviving spouse be kept in good standing & be exempt from licensure renewal provisions; requires DBPR to issue professional license to spouse or surviving spouse of active duty member; provides requirements related to application, fees, & renewal; provides for fee waiver for specified persons; provides appropriation.

Community Associations – HB 0653
Requiring certain condominium or cooperative associations to post certain signs or symbols on buildings; prohibiting an officer, director, or manager from soliciting, offering to accept, or accepting a kickback for which consideration has not been provided; revising voting requirements relating to alterations and additions to certain common elements or association property; revising provisions relating to required condominium and cooperative association bylaws, etc.

Reemployment Assistance Fraud – HB 0671
Adds DEO as entity that may be issued reproductions from certain files or digital records for specified reasons.

Utilities – HB 0687
Authorizes DOT & certain local governmental entities to prescribe & enforce rules re: placing & maintaining communications services lines/wireless facilities; prohibits authority regulation of facility collocation; authorizes authority to require registration process & permit fees; requires authority to process applications; prohibits authority from requiring approval/fees for maintenance/placement of facilities; provides requirements for collocation on authority utility poles; requires authority to waive certain application & placement requirements; prohibits authority from adopting/enforcing certain regulations & imposing certain fees; authorizes wireless infrastructure provider to apply to place
utility poles; authorizes authority to enforce certain local codes/rules/regulations under certain circumstances.

Division of Alcoholic Beverages and Tobacco – HB 0689
Revises power & authority of division to include appointment of division personnel; authorizes AHCA to certify sanitation of alcoholic beverage license applicant’s place of business; revises provisions relating to special licenses to sell alcoholic beverages for licensed caterers; removes fee for transfer or location change of temporary beverage license; authorizes minors employed by specified businesses to sell beer & wine
under certain circumstances; revises requirements for annual state license tax for distillery & craft distillery.

South Florida Regional Transportation Authority – HB 0695
Authorizes South Florida Regional Transportation Authority, in conjunction with operation of certain commuter rail service, to assume specified indemnification & insurance obligations, subject to certain requirements; authorizes DOT to agree to assume certain indemnification & insurance obligations under certain circumstances; prohibits authority from entering into certain contracts/agreements without DOT approval of expenditures; provides that certain funds provided to authority are state financial assistance; requires written agreement; authorizes advance of funds under certain circumstances.

Vessel Registrations – HB 0711
Revises reduction of vessel registration fees for recreational vessels equipped with certain position indicating & locating beacons; deletes registration date limitation; deletes expiration date.

Estates – SB 0724
Revising the circumstances under which the decedent’s property interest in the protected homestead is excluded from the elective estate; providing for the valuation of the decedent’s protected homestead under certain circumstances; requiring the payment of interest on any unpaid portion of a person’s required contribution toward the elective share with respect to certain property, etc.

Accessibility of Places of Public Accommodation – HB 0727
Authorizes qualified experts to advise & provide certain inspections for places of public accommodation relating to ADA; authorizes certain owners of place of public accommodation to file certificate of conformity or remediation plan with DBPR; provides requirements for such submission; requires court to consider certain information in specified actions; requires department to develop & maintain website for specified purposes; provides an appropriation.

Department of Business and Professional Regulation Fees – HB 0741
Revises delinquency fee that professional board or DBPR imposes on delinquent status licensee; revises surcharge that DBPR assesses on building permits.

Mortgage Regulation – HB 0747
Providing an exemption from regulation under parts I and II of ch. 494, F.S., for certain securities dealers, investment advisers, and associated persons; providing a definition for the term “hold himself or herself out to the public as being in the mortgage lending business,” etc.

Adoption Benefits – HB 0749
Revises definition of term “qualifying adoptive employee” to include employees of charter schools & Florida Virtual School for purpose of
extending state employee adoption benefits to such employees; provides for retroactive application; requires such employees to apply to their school directors to obtain monetary benefits; requires CFO to transfer funds for such purpose.

Motor Vehicle Warranty Repairs and Recall Repairs – HB 0775
Prohibits manufacturer, factory branch, distributor, or importer from denying motor vehicle dealer claim, reducing dealer compensation, or processing chargeback to dealer due to specified circumstances; requires manufacturer, factory branch, distributor, or importer to compensate dealer for used motor vehicle under specified circumstances & pay compensation within specified timeframe; requires dealer’s application for payment to be made through manufacturer’s, factory branch’s, distributor’s, or importer’s warranty application system or certain other system/process; provides for calculation of compensation amount.

Designation of School Grades – HB 0781
Revises requirements for certain schools to receive school grade designation of K-3 feeder pattern school; provides majority of students must be scheduled to be assigned to certain school for feeder pattern to exist.

Stroke Centers – HB 0785
Directs AHCA to include hospitals meeting criteria for acute stroke ready centers on list of stroke centers; authorizes DOH to contract with private entity to establish & maintain registry, subject to appropriation; provides immunity from liability.

Insurance Policy Transfers – HB 0805
Authorizes insurer to transfer residential property insurance policy to another authorized insurer upon expiration of policy term if specified conditions are met.

Practices of Substance Abuse Service Providers – HB 0807
Authorizes Office of Statewide Prosecution to investigate & prosecute patient brokering offenses; increases penalties for operating without license; requires DCF to conduct background screening for owners, directors, CFOs, & clinical supervisors of substance abuse service providers; revises limitations on referrals to recovery residences; authorizes court to approve application for disclosure of substance abuse treatment records; prohibits certain marketing practices; provides fines & penalties.

Flood Insurance – HB 0813
Revising the intervals at which specified standards and guidelines for projecting certain rate filings must be revised by the Florida Commission on Hurricane Loss Projection Methodology; extending the last date of filing with the Office of Insurance Regulation of certain flood coverage rates that may be established and used by an insurer; revising a notice requirement for agents before they place flood insurance coverage with an admitted or surplus lines insurer for properties receiving flood insurance under the National Flood Insurance Program, etc.

Insurer Insolvency – HB 0837
Revises Insurers Rehabilitation & Liquidation Act; revises notice requirements, court jurisdiction, filing requirements, procedures, & defenses of delinquency proceedings; authorizes receiver & DFS, as domiciliary receiver, to perform certain functions; provides delinquency procedures for specified large deductible claims under certain workers’ compensation policies; provides certain persons of insolvent insurers are discharged & have no further authority over affairs or assets of insurer; revises priority of claims.

Hospice Services – HB 0863
Exempts certain hospice services in not-for-profit retirement community from specified review & application requirements.

Department of Transportation – HB 0865
Requiring the department, in consultation with the Department of Highway Safety and Motor Vehicles, to develop the Florida Smart City Challenge Grant Program; providing for assessment and calculation of a fine for unlawful weight and load of a vehicle fueled by natural gas; requiring the department to undertake an economic feasibility study relating to the acquisition of the Garcon Point Bridge; prohibiting the South Florida Regional Transportation Authority from entering into certain contracts or agreements without department approval of the authority’s expenditures, etc.

Memory Disorder Clinics – HB 0883
Establishes memory disorder clinic at Florida Hospital in Orange County.

Public Records/Substance Abuse Impaired Persons – SB 0886
Providing an exemption from public records requirements for petitions for involuntary assessment and stabilization, court orders, related records, and personal identifying information regarding substance abuse impaired persons; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc.

Direct-Support Organizations – SB 0890
Requiring a contract between an agency and a citizen support organization or direct-support organization to include a provision for the orderly cessation of operations and reversion of state funds within a specified timeframe; requiring that certain proceeds be deposited into the Grants and Donations Trust Fund of the Division of Vocational Rehabilitation, instead of the Florida Endowment Foundation for Vocational Rehabilitation; requiring a specified percentage of certain revenues to be deposited into the Florida Association of Centers for Independent Living special reserve account to administer specified programs; extending the date for future review and repeal of provisions relating to the Florida Endowment for Vocational Rehabilitation Act; requiring the foundation to transfer funds to specified entities for certain purposes, etc.