27 bills from the 2015 regular legislative session are slated to take effect October 1, 2015. No bills vetoed by Governor Rick Scott had an October effective date.
HB 0087 Relating to Construction Defect Claims: Passidomo
Construction Defect Claims: Revises definition of term “completion of building or improvement”; provides additional requirements for notice of claim; revises requirements for response; revises provisions relating to production of certain records. Effective Date: October 1, 2015
HB 0115 Relating to Sentencing: Gaetz (M)
Sentencing: Redefines “victim” for purposes of restitution provisions to include governmental entities & political subdivisions; requires sentencing judge to order restitution & specified number of community service work hours for violations of provisions relating to bribery & misuse of public office & offenses by public officers & employees. Effective Date: October 1, 2015
HB 0157 Relating to Fraud: Passidomo
Fraud; Defines “business entity”; provides for restitution for certain out-of-pocket costs of victims; requires business entities to provide copies of business records of fraudulent transactions involving identity theft to victims & law enforcement agencies in certain circumstances; provides exception; includes counties & other political subdivisions in provisions prohibiting false marking of goods or packaging with location of origin; prohibits fraudulent issuance of indicia of membership interest in limited liability company; specifies that electronic statements are included in provisions prohibiting certain false representations; prohibits sale of counterfeit security company signs or decals; increases criminal penalties for fraudulently obtaining goods or services from health care provider; expands specified identity theft offenses to include all persons rather than being limited to natural persons; prohibits knowingly providing false information that becomes part of public record to facilitate or further commission of certain offenses. Effective Date: 10/1/2015
HB 0197 Relating to Tracking Devices or Tracking Applications: Metz
Tracking Devices or Tracking Applications: Prohibits installation of tracking device or tracking application without person’s consent; creates presumption that consent is revoked upon initiation of specified proceedings; provides exceptions; provides that violations of prohibition on installation of tracking devices & tracking applications by private investigative, private security, & repossession services are grounds for disciplinary action, to which penalties apply. Effective Date: October 1, 2015
Relating to Diabetes Awareness Training for Law Enforcement Officers: Narain
Diabetes Awareness Training for Law Enforcement Officers: Designates act the “Arthur Green, Jr., Act”; requires FDLE to establish online continued employment training component relating to diabetic emergencies; specifies topics to be included; provides that completion of training may count towards continued employment instruction requirements. Effective Date: October 1, 2015
SB 0222 Relating to Electronic Commerce: Hukill
Electronic Commerce; Creating the “Computer Abuse and Data Recovery Act”; prohibiting a person from intentionally committing specified acts without authorization with respect to a protected computer; specifying remedies for civil actions brought by persons affected by a violation; providing that the act does not prohibit specified activity by certain state, federal, and foreign law enforcement agencies, regulatory agencies, and political subdivisions, etc. Effective Date: 10/1/2015
HB 0275 Relating to Intrastate Crowdfunding: Santiago
Intrastate Crowdfunding: Exempts certain issuers & intermediaries from registration requirements relating to offer or sale of certain securities; provides requirements for such issuers & intermediaries; provides limitations on offers or sales of such securities; prohibits use of specified exemptions from registration requirements in conjunction with another exemption from registration requirements; provides appropriation. Effective Date: October 1, 2015
SB 0342 Relating to No Contact Orders: Simmons
No Contact Orders; Providing for the effect and enforceability of orders of no contact as a part of pretrial release; requiring that the defendant receive a copy of the order of no contact prior to release; specifying acts prohibited by a no contact order, etc. Effective Date: 10/1/2015
SB 0378 Relating to Juvenile Justice: Garcia
Juvenile Justice; Authorizing a law enforcement officer to issue a warning to a juvenile who admits having committed a misdemeanor or to inform the child’s parent or guardian of the child’s infraction; allowing a law enforcement officer who does not exercise one of these options to issue a civil citation or require participation in a similar diversion program; requiring a law enforcement officer to provide written documentation in certain circumstances, etc. Effective Date: 10/1/2015
HB 0383 Relating to Private Property Rights: Edwards
Private Property Rights: Providing that any settlement agreement reached between an owner and a governmental entity applies so long as the agreement resolves all issues; authorizing a property owner to bring an action to recover damages caused by a prohibited exaction; specifying that an action for a prohibited exaction is not to be construed in pari materia with certain other actions, etc. Effective Date: October 1, 2015
HB 0465 Relating to Human Trafficking: Spano
Human Trafficking: Provides enhanced criminal penalties for soliciting another to commit prostitution & similar offenses; requires persons convicted of such offenses to perform community service & pay for & attend education program; requires court to impose minimum mandatory terms of incarceration for persons convicted two or more times of soliciting another to commit prostitution & similar offenses; provides for impoundment of vehicle used in soliciting another to commit prostitution & similar offenses; allows vehicle owner to prevent impoundment or immobilization in certain circumstances; provides that any court in circuit in which the petitioner was arrested may expunge criminal history record of human trafficking victim; requires judge to allow advocate to be present with in expunction hearing in certain circumstances. Effective Date: October 1, 2015
HB 0467 Relating to Public Records/Human Trafficking Victims: Spano
Revises exemption from public records requirements for certain criminal intelligence & investigative information to exempt information that reveals identity of victims of certain human trafficking offenses; provides exemption from public records requirements for investigative information relating to criminal history records of human trafficking victims that have been ordered expunged; provides for future legislative review & repeal of exemption; provides statement of public necessity; provides for contingent effect. Effective Date: on the same date that HB 465 or similar legislation relating to human trafficking takes effect
HB 0469 Relating to Pub. Rec./Residential Facilities Serving Victims of Sexual Exploitation: Spano
Pub. Rec./Residential Facilities Serving Victims of Sexual Exploitation: Provides exemption from public records requirements for information about location of safe houses, safe foster homes, & other residential facilities serving victims of sexual exploitation held by an agency; provides exemption from public records requirements for information about location of residential facilities serving adult victims of human trafficking involving commercial sexual activity held by an agency; provides for future legislative review & repeal of exemptions; provides statement of public necessity; provides contingent effective date. Effective Date: on the same date that HB 465 or similar legislation relating to human trafficking takes effect
SB 0538 Relating to Sexual Cyberharassment: Simmons
Sexual Cyberharassment; Prohibiting a person from willfully and maliciously sexually cyberharassing another person; authorizing a law enforcement officer to arrest, without a warrant, any person that he or she has probable cause to believe has committed sexual cyberharassment; providing an exception to the prohibition on search warrants being issued to search private dwellings, etc. Effective Date: 10/1/2015
HB 0749 Relating to Continuing Care Communities: Van Zant
Continuing Care Communities: Revises requirements for continuing care contracts; revises authority of OIR to waive requirements for accredited facilities; provides that continuing care & continuing care at- home contracts are preferred claims subject to any secured claim in event of liquidation or receivership proceedings against provider; requires agent of provider to provide copy of examination report & corrective action plan under certain conditions; requires residents’ council to provide forum for certain purposes; requires residents’ council to adopt its own bylaws & governance documents; revises provisions relating to quarterly meetings between residents & governing body of provider; revises powers of residents’ council; revises continuing care facility reporting requirements. Effective Date: October 1, 2015
SB 0806 Relating to Regulation of Financial Institutions: Richter
Regulation of Financial Institutions; Requiring mailed semiannual assessments to be received by the Office of Financial Regulation by a specified date; deleting the requirement that the office select a licensed or certified appraiser to conduct certain appraisals; revising the individuals for whom certain information must be provided to the office on an application for authority to organize a banking corporation or trust company, etc. Effective Date: 10/1/2015
HB 0889 Relating to Health Care Representatives: Wood
Health Care Representatives: Providing an exception for a patient who has designated a surrogate to make health care decisions and receive health information without a determination of incapacity being required; revising provisions relating to the designation of health care surrogates; providing for the designation of health care surrogates for minors; specifying that a principal’s wishes are controlling while he or she has decisionmaking capacity, etc. Effective Date: October 1, 2015
SB 1010 Relating to False Personation: Braynon
False Personation; Revising the list of officials who are prohibited from being falsely personated; prohibiting the sale or transfer of specified badges bearing in any manner or combination the words “fire department” and the ownership or operation of vehicles marked or identified by the words “fire department”, etc. Effective Date: 10/1/2015
HB 1127 Relating to Insurance Fraud: Sullivan
Insurance Fraud: Repeals provisions relating to operation or reporting of unlicensed health care clinics; revises provisions related to certain health care clinic charges or reimbursement claims; revises & provides criminal penalties for unlawful charges, operating or failing to report unlicensed clinic, filing false or misleading information related to clinic license application, & other violations; repeals provisions relating to establishment of motor vehicle insurance fraud DSO. Effective Date: October 1, 2015
HB 7005 Relating to OGSR/Commission for Independent Education: Government Operations Subcommittee
OGSR/Commission for Independent Education: Removes scheduled repeal of exemptions from public records & public meeting requirements for records of investigations conducted by Commission for Independent Education, discussions of such investigatory records at probable cause panel meetings, & recordings, minutes, & findings from closed portions of such meetings. Effective Date: October 1, 2015
Relating to OGSR/Licensure Examination Questions/Board of Funeral, Cemetery, and Consumer Services: Banking and Insurance
OGSR/Licensure Examination Questions/Board of Funeral, Cemetery, and Consumer Services; Amending provisions relating to an exemption from public meeting requirements for portions of meetings of the Board of Funeral, Cemetery, and Consumer Services within the Department of Financial Services at which licensure examination questions or answers are discussed; saving the exemption from repeal under the Open Government Sunset Review Act, etc. Effective Date: 10/1/2015
Relating to OGSR/Examination Techniques or Procedures/Office of Financial Regulation: Banking and Insurance
OGSR/Examination Techniques or Procedures/Office of Financial Regulation; Amending provisions relating to an exemption from public records requirements for information that would reveal examination techniques or procedures used by the Office of Financial Regulation under the Florida Securities and Investor Protection Act; saving the exemption from repeal under the Open Government Sunset Review Act, etc. Effective Date: 10/1/2015
HB 7011 Relating to OGSR/Public Transit Providers: Government Operations Subcommittee
OGSR/Public Transit Providers: Removes scheduled repeal of public records exemption for certain personal identifying information held by public transit providers. Effective Date: October 1, 2015
Relating to OGSR/Credit History Information and Credit Scores/Office of Financial Regulation: Banking and Insurance
OGSR/Credit History Information and Credit Scores/Office of Financial Regulation; Amending provisions which provide a public records exemption for credit history information and credit scores held by the Office of Financial Regulation for purposes of licensing loan originators, mortgage brokers, and mortgage lenders; saving the exemption from repeal under the Open Government Sunset Review Act, etc. Effective Date: 10/1/2015
SB 7016 Relating to OGSR/Minor Identifying Information: Judiciary
OGSR/Minor Identifying Information; Amending provisions relating to an exemption from public record requirements for certain information that could identify a minor petitioning a court to waive parental notice requirements before terminating a pregnancy; saving the exemption from repeal under the Open Government Sunset Review Act, etc. Effective Date: 10/1/2015
SB 7034 Relating to OGSR/Stalking Victims Identifying Information: Ethics and Elections
OGSR/Stalking Victims Identifying Information; Transferring, renumbering, and amending provisions relating to an exemption from public records requirements for certain information of persons who are victims of stalking or aggravated stalking; removing the scheduled repeal of the exemption, etc.
Effective Date: 10/1/2015
HB 7055 Relating to Highway Safety and Motor Vehicles: Highway & Waterway Safety Subcommittee
Highway Safety and Motor Vehicles: Revises provisions for funeral expenses for certain officers killed in line of duty, flag displayed when load extends beyond vehicle, permitting of overlength trailers, display of vehicle for sale, hire, or rent, pilot program for rebuilt inspection services, options on application forms, residential manufactured buildings on mobile home lots, specialty & special license plates, disclosure of insurance policy numbers, & emergency allergy treatment. Effective Date: October 1, 2015