AB1: Bill Text

AB1,53,9 1. “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

AB1,53,13 2. “Federal funds related to COVID-19" means federal moneys received by the state beginning on the effective date of this subdivision and ending on June 30, 2021, pursuant to federal legislation enacted during the 116th or 117th Congress for the purpose of COVID-19 related activities.

AB1,53,24 (b) Expenditure of federal funds related to COVID-19. Notwithstanding s. 16.54, as soon as practical after the receipt of any federal funds related to COVID-19, the governor shall submit to the joint committee on finance a plan for the expenditure of the federal funds related to COVID-19. If the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date the governor submits the plan, the governor may implement the plan. If, within 14 working days after the date the governor submits the plan, the cochairpersons of the committee notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the governor may implement the plan only as approved by the committee.

AB1,9134 Section 9134. Nonstatutory provisions; Public Instruction.

AB1,54,2 (1) Full-time open enrollment applications; unlimited applications in the 2020-21 and 2021-22 school years.

AB1,54,3 (a) In this subsection:

AB1,54,4 1. “Nonresident school board" has the meaning given in s. 118.51 (1) (b).

AB1,54,5 2. “Nonresident school district" has the meaning given in s. 118.51 (1) (c).

AB1,54,6 3. “Parent” has the meaning given in s. 118.51 (1) (d).

AB1,54,7 (b)

AB1,54,11 1. Notwithstanding s. 118.51 (3) (a) 1., there is no limitation on the number of nonresident school boards to which the parent of a pupil may submit an application under s. 118.51 (3) (a) during the 2020-21 school year for the pupil to attend a public school in a nonresident school district under s. 118.51 in the 2021-22 school year.

AB1,54,16 2. Notwithstanding s. 118.51 (3m) (a), there is no limitation on the number of nonresident school boards to which the parent of a pupil may submit an application under s. 118.51 (3m) (a) during the 2020-21 or 2021-22 school year for the pupil to attend a public school in a nonresident school district under s. 118.51 in the 2020-21 or 2021-22 school year.

AB1,54,21 (c) During the 2020-21 and 2021-22 school years, if a pupil submits an application to a nonresident school board under s. 118.51 (3m) (a) on the basis of the criteria under s. 118.51 (3m) (b) 8., the pupil's resident school board, as defined in s. 118.51 (1) (e), may not reject the application for any reason, including under s. 118.51 (3m) (d).

AB1,55,3 (2) Virtual instruction in lieu of in-person instruction; school board requirements. Beginning on January 11, 2021, and ending June 30, 2022, a school board may not provide virtual instruction to pupils in lieu of in-person instruction unless approved by a two-thirds vote of the members of the school board. An approval under this subsection is valid for 14 days. A school board may extend virtual instruction only by two-thirds vote of the members of the school board and each extension may not be for more than 14 days.

AB1,55,5 (3) School district semester reports related to providing virtual instruction.

AB1,55,6 (a) Definitions. In this subsection:

AB1,55,7 1. “Department” means the department of public instruction.

AB1,55,12 2. “End of semester” means the last day on which instruction is provided to pupils in a semester, as indicated on a school district's calendar. If a school district provides instruction to pupils on a basis other than semesters, the “end of the semester” means the last day of the first half of the school term, as defined in s. 115.001 (12), and the last day of the school term.

AB1,55,15 3. “Virtual instruction” means instruction provided through means of the Internet if the pupils participating in and instructional staff providing the instruction are geographically remote from each other.

AB1,55,18 (b) School board reports. By no later than 30 days after the end of each semester in the 2020-21 and 2021-22 school years, each school board shall report to the department all of the following:

AB1,55,22 1. Whether or not virtual instruction was implemented in the school district during the semester and, if implemented, in which grades it was implemented. If virtual instruction was implemented in the school district during the semester, the process for implementing the virtual instruction.

AB1,56,2 2. Whether or not in-person instruction was provided in the school district during the semester and, if provided, in which grades was it provided. If in-person instruction was provided during the semester, for each grade in which in-person instruction was provided, the number of school days in-person instruction was provided to pupils during the semester.

AB1,56,4 3. Any challenges or barriers the school board faced related to implementing virtual instruction during the semester.

AB1,56,7 4. The total amount by which the school board reduced or increased expenditures in each of the following categories because the school board provided virtual instruction during the semester:

AB1,56,8 a. Utilities.

AB1,56,9 b. Transportation.

AB1,56,10 c. Food service.

AB1,56,13 d. Salary and fringe benefits for personnel, including teachers, support staff, and administrators. This category includes expenditure reductions that result from layoffs.

AB1,56,14 e. Contract terminations.

AB1,56,17 (c) 2021-22 school year; exception. In the 2021-22 school year, a school board is not required to submit a report under par. (b ) for a semester in which the school board does not provide virtual instruction to pupils in lieu of in-person instruction.

AB1,56,18 (d) Reports to the legislature.

AB1,56,25 1. By April 1, 2021, the department shall compile and submit the information it received under par. (b) for the first semester of the 2020-21 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3). By September 1, 2021, the department shall compile and submit the information it received under par. (b ) for the 2nd semester of the 2020-21 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).

AB1,57,7 2. By April 1, 2022, the department shall compile and submit the information it received under par. (b) for the first semester of the 2021-22 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3). By September 1, 2022, the department shall compile and submit the information it received under par. (b ) for the 2nd semester of the 2021-22 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).

AB1,57,12 (4) Interscholastic athletic association membership; 2021-22 school year. In the 2021-22 school year, no school district may be a member of an interscholastic athletic association unless, for purposes of determining pupil eligibility during the 2020-21 and 2021-22 school years, the interscholastic athletic association does all of the following:

AB1,57,19 (a) If a request to waive the association's transfer rules is submitted on behalf of a pupil, considers the method by which educational programming was delivered during the 2020-21 and 2021-22 school years to be an extenuating circumstance that justifies the pupil transferring schools. For purposes of this paragraph, the method by which educational programming was delivered includes virtual instruction, in-person instruction, or a combination of virtual and in-person instruction.

AB1,57,22 (b) If a waiver is granted based on the extenuating circumstance described in par. (a), allows the pupil to participate in all levels of competition, including varsity competition, during the 2020-21 and 2021-22 school years.

AB1,9137 Section 9137. Nonstatutory provisions; Revenue.

AB1,58,15 (1) Interest and penalties on late property tax payments. Notwithstanding ss. 74.11, 74.12, and 74.87, for property taxes payable in 2021, after making a general or case-by-case finding of hardship, a taxation district may provide that an installment payment that is due and payable after April 1, 2021, and is received after its due date shall not accrue interest or penalties if the total amount due and payable in 2021 is paid on or before October 1, 2021. Interest and penalties shall accrue from October 1, 2021, for any property taxes payable in 2021 that are delinquent after October 1, 2021. A taxation district may not waive interest and penalties as provided in this subsection unless the county board of the county where the taxation district is located first adopts a resolution authorizing such waiver and establishing criteria for determining hardship, and the taxation district subsequently adopts a similar resolution. A county that has adopted a resolution authorizing the waiver of interest and penalties under this subsection shall settle any taxes, interest, and penalties collected on or before July 31, 2021, on August 20, 2021, as provided under s. 74.29 (1), and settle the remaining unpaid taxes, interest, and penalties on September 20, 2021. The August 20, 2021, settlement shall be distributed proportionally to the underlying taxing jurisdictions.

AB1,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

AB1,59,2 (1) Emergency rules. The pharmacy examining board may promulgate emergency rules under s. 227.24 implementing s. 450.075. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until June 30, 2023, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB1,59,3 (2) Interim licensure.

AB1,59,4 (a) In this subsection, the definitions under s. 450.01 apply.

AB1,59,15 (b) The board shall grant an interim license to an applicant to act as a 3rd-party logistics provider or an out-of-state 3rd-party logistics provider if, in the opinion of the board, the applicant is currently in compliance with federal law relating to 3rd-party logistics providers. The holder of an interim license under this subsection shall apply for a license under s. 450.075 on or after the date that emergency rules take effect under sub. (1), or the date on which permanent rules take effect, whichever is sooner. An interim license granted under this subsection expires 90 days after the date that emergency rules take effect under sub. (1), or 90 days after the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 440.05, no fee is required for an interim license issued under this subsection.

AB1,9150 Section 9150. Nonstatutory provisions; Workforce Development.

AB1,59,17 (1) Unemployment insurance; plan to address claims backlog.

AB1,59,18 (a) Definitions. In this subsection, the definitions in s. 108.02 apply.

AB1,59,25 (b) Plan to address backlog of unemployment insurance claims. Not later than 30 days after the effective date of this paragraph, the department shall develop a plan to reduce the number of weekly claims for benefits in process to levels comparable to those in January and February 2020. The plan shall include measures to ensure maintenance of program integrity and fraud detection. The department shall submit the plan to the appropriate standing committees of the legislature under s. 13.172 (3) and shall publish the plan on its Internet site.

AB1,60,6 (c) Call center. The department shall maintain a call center to provide services and support to claimants for benefits under ch. 108 or federal pandemic unemployment assistance benefits via telephone. The department shall operate the call center for 12 hours per day, 7 days per week, until the number of weekly claims in process is comparable to those in January and February 2020, as determined by the department.

AB1,60,9 (d) Report. No later than 30 days after the effective date of this paragraph, the department shall submit a report to the joint committee on finance on the status of the activities described in pars. (b ) and (c).

AB1,9151 Section 9151. Nonstatutory provisions; Other.

AB1,60,11 (1) Extension of certain approvals.

AB1,60,12 (a) Definitions. In this subsection:

AB1,60,14 1. “Challenged permit” means a permit or other approval to which all of the following apply:

AB1,60,16 a. The permit or other approval authorizes a construction project or a portion of a construction project.

AB1,60,18 b. The application for the permit or other approval includes a description of the construction project.

AB1,60,19 c. The permit or other approval was issued by a governmental unit.

AB1,60,21 d. The permit or other approval has a finite term or duration and has not expired.

AB1,60,24 e. The permit or other approval is the subject of administrative or judicial proceedings that may result in the invalidation, reconsideration, or modification of the permit or approval.

AB1,61,3 2. “Challenged plat or survey” means a plat or certified survey map approval that is the subject of administrative or judicial proceedings that may result in the invalidation, reconsideration, or modification of the approval.

AB1,61,5 3. “Construction project” means organized improvements to real property that include the construction or redevelopment of buildings.

AB1,61,6 4. “Covered approval” means a challenged permit or challenged plat or survey.

AB1,61,9 5. “Governmental unit” means the department of safety and professional services, the department of natural resources, the department of transportation, a city, a village, a town, a county, or a special purpose district.

AB1,61,15 (b) Exercise of extension. A person who has received a covered approval may obtain a term or duration extension by notifying the governmental unit that issued the covered approval of the person's decision to exercise the extension not less than 90 days before the expiration of the unextended term or duration of the covered approval. A notification under this paragraph shall be in writing and shall specify the covered approval extended.

AB1,61,22 (c) Term of extension. The term or duration of a covered approval extended under par. (b) is extended by an amount of time equal to 36 months plus the duration of the administrative or judicial proceeding to which the covered approval is subject. For purposes of calculating the duration of an administrative or judicial proceeding under this paragraph, the proceeding begins on the date of the initial filing leading to the commencement of the proceeding and ends on the date of the final order disposing of the proceeding.

AB1,62,3 (d) Change of law. Except as provided in s. 66.10015, the laws, regulations, ordinances, rules, or other properly adopted requirements that were in effect at the time the covered approval was issued shall apply to the construction project, plat, or certified survey map during the period of extension. This paragraph does not apply to the extent that a governmental unit demonstrates application of this paragraph will create an immediate threat to public health or safety.

AB1,62,7 (e) Regulation of safety and sanitation. This subsection does not limit any state or local unit of government from requiring that property be maintained and secured in a safe and sanitary condition in compliance with applicable laws, administrative rules, or ordinances.

AB1,62,8 (f) Exceptions. This subsection does not apply to any of the following:

AB1,62,10 1. A covered approval under any programmatic, regional, or nationwide general permit issued by the U.S. army corps of engineers.

AB1,62,14 2. The holder of a covered approval who is determined by the issuing governmental unit to be in significant noncompliance with the conditions of the covered approval as evidenced by written notice of violation or the initiation of a formal enforcement action.

AB1,62,17 (2) Civil liability exemption for certain entities. The immunity granted under s. 895.476 does not apply to actions filed before the effective date of this subsection.

AB1,9334 Section 9334. Initial applicability; Public Instruction

AB1,62,21 (1) Full-time open enrollment applications. Section 9134 (1 ) (b) 2 . and (c) of this act first applies to an application submitted under s. 118.51 (3m) on the effective date of this subsection.

AB1,9400 Section 9400. Effective dates. This act takes effect on the day after publication, except as follows:

AB1,62,25 (1) Medical Assistance program utilization data. The treatment of s. 49.45 (4r) takes effect on the first day of the 6th month beginning after publication.

AB1,63,3 (2) Public instruction; interscholastic athletics and extracurriculars; virtual charter school pupils. The treatment of s. 118.133 (1) (a) and (b) and (2) takes effect on the July 1 after publication.

AB1,63,4 (End)