Florida Senate - 2009                                    SB 2160
       
       
       
       By Senator Haridopolos
       
       
       
       
       26-00286-09                                           20092160__
    1                        A bill to be entitled                      
    2         An act relating to obsolete or outdated agency plans,
    3         reports, and programs; repealing s. 14.25, F.S.,
    4         relating to the Florida State Commission on Hispanic
    5         Affairs; amending s. 14.26, F.S.; revising reporting
    6         requirements of the Citizen's Assistance Office;
    7         repealing s. 14.27, F.S., relating to the Florida
    8         Commission on African-American Affairs; repealing s.
    9         16.58, F.S., relating to the Florida Legal Resource
   10         Center; amending s. 17.32, F.S.; revising the
   11         recipients of the annual report of trust funds by the
   12         Chief Financial Officer; amending s. 17.325, F.S.;
   13         deleting a reporting requirement relating to the
   14         governmental efficiency hotline; amending s. 20.057,
   15         F.S.; deleting a reporting requirement of the Governor
   16         relating to interagency agreements to delete
   17         duplication of inspections; amending s. 20.19, F.S.;
   18         deleting provisions relating to planning by the
   19         Department of Children and Family Services; deleting
   20         provisions relating to planning in service districts
   21         of the department; repealing s. 20.316(4)(e), (f), and
   22         (g), F.S.; deleting provisions relating to information
   23         systems of the Department of Juvenile Justice;
   24         amending s. 20.43, F.S.; revising provisions relating
   25         to planning by the Department of Health; repealing s.
   26         39.3065(3)(d), F.S.; deleting certain provisions
   27         relating to evaluations and reports of child
   28         protective investigative services; amending s.
   29         39.4086, F.S.; deleting provisions relating to a
   30         report by the State Courts Administrator on a guardian
   31         ad litem program for dependent children; transferring
   32         certain duties to the Statewide Guardian Ad Litem
   33         Office; repealing s. 39.523(5), F.S.; deleting
   34         provisions relating to a report on the placement of
   35         children in licensed residential group care; amending
   36         s. 98.255, F.S.; deleting provisions relating to a
   37         report on the effectiveness of voter education
   38         programs; amending s. 110.1227, F.S.; revising
   39         provisions relating to a report by the board of
   40         directors of the Florida Long-Term-Care Plan; amending
   41         s. 120.542, F.S.; deleting provisions relating to
   42         reports of petitions filed for variances to agency
   43         rules; amending s. 120.60, F.S.; deleting a provision
   44         relating to filing of notice and certification of an
   45         agency's intent to grant or deny a license; amending
   46         s. 120.695, F.S.; deleting obsolete provisions
   47         relating to agency review of rules; amending s.
   48         121.45, F.S.; deleting provisions relating to reports
   49         on interstate compacts relating to pension
   50         portability; repealing s. 153.952, F.S., relating to
   51         legislative findings and intent concerning privately
   52         owned wastewater systems and facilities; amending s.
   53         161.053, F.S.; deleting a provision relating to a
   54         report on the coastal construction control line;
   55         amending s. 161.161, F.S.; deleting a provision
   56         requiring a report on funding for beach erosion
   57         control; repealing s. 163.2526, F.S., relating to a
   58         review and evaluation of urban infill; amending s.
   59         163.3167, F.S.; deleting provisions relating to local
   60         government comprehensive plans; amending s. 163.3177,
   61         F.S.; revising requirements for comprehensive plans;
   62         amending s. 163.3178, F.S.; deleting a duty of the
   63         Coastal Resources Interagency Management Committee to
   64         submit certain recommendations; repealing s.
   65         163.519(12), F.S.; deleting a requirement for a report
   66         on neighborhood improvement districts by the
   67         Department of Legal Affairs; repealing s. 186.007(9),
   68         F.S.; deleting provisions relating to a committee to
   69         recommend to the Governor changes in the state
   70         comprehensive plan; amending ss. 189.4035 and 189.412,
   71         F.S.; revising requirements relating to dissemination
   72         of the official list of special districts; amending s.
   73         194.034, F.S.; deleting a requirement that the
   74         Department of Revenue be notified of certain decisions
   75         of value adjustment boards; amending s. 206.606, F.S.;
   76         revising provisions relating to a report on the
   77         Florida Boating Improvement Program; amending s.
   78         212.054, F.S.; deleting the requirement for a report
   79         on costs of administering the discretionary sales
   80         surtax; amending s. 212.08, F.S.; deleting a
   81         requirement for a report on the sales tax exemption
   82         for machinery and equipment used in semiconductor,
   83         defense, or space technology production and research
   84         and development; repealing s. 213.0452, F.S., relating
   85         to a report on the structure of the Department of
   86         Revenue; repealing s. 213.054, F.S., relating to
   87         monitoring and reporting on persons claiming tax
   88         exemptions; amending s. 215.70, F.S.; requiring the
   89         State Board of Administration to report to the
   90         Governor when funds need to be appropriated to honor
   91         the full faith and credit of the state; amending s.
   92         216.011, F.S.; redefining the term “long-range program
   93         plan”; repealing s. 216.103, F.S., relating to
   94         agencies receiving federal funds; repealing s.
   95         216.172, F.S., relating to meetings of legislative
   96         appropriations committees; repealing s.
   97         216.181(10)(c), F.S.; deleting provisions relating to
   98         reports of filled and vacant positions and salaries;
   99         amending s. 252.55, F.S.; revising certain reporting
  100         requirements relating to the Civil Air Patrol;
  101         amending s. 253.7825, F.S.; deleting provisions
  102         relating to the plan for the Cross Florida Greenways
  103         State Recreation and Conservation Area; repealing s.
  104         253.7826, F.S., relating to structures of the Cross
  105         Florida Barge Canal; repealing s. 253.7829, F.S.,
  106         relating to a management plan for retention or
  107         disposition of lands of the Cross Florida Barge Canal;
  108         amending s. 259.037, F.S.; revising provisions
  109         relating to a report of the Land Management Uniform
  110         Accounting Council; repealing s. 267.074(4), F.S.;
  111         deleting provisions relating to a plan for the State
  112         Historical Marker Program; repealing s. 272.121, F.S.,
  113         relating to long-range planning for the Capitol
  114         Center; repealing s. 284.50(3), F.S.; deleting a
  115         requirement for a report by the Interagency Advisory
  116         Council on Loss Prevention and department heads;
  117         repealing s. 287.045(11), F.S.; deleting a requirement
  118         for reports on use of recycled products; amending s.
  119         287.059, F.S.; deleting a requirement for reporting
  120         proposed fee schedules for private attorney services
  121         for the Attorney General's office; repealing s.
  122         287.16(10), F.S.; deleting a requirement for a report
  123         on aircraft use by the Department of Management
  124         Services; repealing s. 288.108(7), F.S.; deleting a
  125         requirement for a report by the Office of Tourism,
  126         Trade, and Economic Development on high-impact
  127         businesses; repealing s. 288.1185, F.S., relating to
  128         the Recycling Markets Advisory Committee; amending s.
  129         288.1226, F.S.; deleting a requirement for the Office
  130         of Tourism, Trade, and Economic Development to certify
  131         operations of the Florida Tourism Industry Marketing
  132         Corporation; amending s. 288.1229, F.S.; revising
  133         duties of the direct-support organization to support
  134         sports-related industries and amateur athletics;
  135         repealing s. 288.7015(4), F.S.; deleting a requirement
  136         for a report by the rules ombudsman in the Executive
  137         Office of the Governor; amending s. 288.7771, F.S.;
  138         revising a reporting requirement of the Florida Export
  139         Finance Corporation; repealing s. 288.8175(8), (10),
  140         and (11), F.S.; deleting certain responsibilities of
  141         the Department of Education with respect to linkage
  142         institutes between postsecondary institutions in this
  143         state and foreign countries; repealing s. 288.853(5),
  144         F.S.; deleting the requirement for a report on
  145         assistance to and commerce with Cuba; amending s.
  146         288.95155, F.S.; revising requirements for a report by
  147         Enterprise Florida, Inc., on the Florida Small
  148         Business Technology Growth Program; amending s.
  149         288.9604, F.S.; deleting a requirement for a report by
  150         the Florida Development Finance Corporation; amending
  151         s. 288.9610, F.S.; revising provisions relating to
  152         annual reporting by the corporation; amending s.
  153         292.05, F.S.; revising requirements relating to a
  154         report by the Department of Veterans' Affairs;
  155         repealing ss. 296.16 and 296.39, F.S., relating to
  156         reports by the executive director of the Department of
  157         Veterans' Affairs; repealing s. 315.03(12)(c), F.S.;
  158         deleting provisions relating to legislative review of
  159         a loan program of the Florida Seaport Transportation
  160         and Economic Development Council; amending s. 319.324,
  161         F.S.; deleting provisions relating to funding a report
  162         on odometer fraud prevention and detection; repealing
  163         s. 322.181, F.S., relating to a study by the
  164         Department of Highway Safety and Motor Vehicles on
  165         driving by the elderly; repealing s. 322.251(7)(c),
  166         F.S.; deleting provisions relating to a plan to
  167         indemnify persons wanted for passing worthless bank
  168         checks; repealing s. 366.82(10), F.S.; deleting a
  169         provision relating to reports by utilities to the
  170         Public Service Commission; amending s. 373.0391, F.S.;
  171         deleting provisions relating to provision of certain
  172         information by water management districts; amending s.
  173         373.046, F.S.; deleting an obsolete provision
  174         requiring a report by the Secretary of Environmental
  175         Protection; repealing s. 376.121(14), F.S.; deleting a
  176         provision relating to a report by the Department of
  177         Environmental Protection on damage to natural
  178         resources; repealing s. 376.17, F.S., relating to
  179         reports of the department to the Legislature;
  180         repealing s. 376.30713(5), F.S.; deleting provisions
  181         relating to a report on preapproved advanced cleanup;
  182         amending s. 377.703, F.S.; deleting a requirement for
  183         a report from the Public Service Commission on
  184         electricity, natural gas, and energy conservation;
  185         amending s. 379.2211, F.S.; revising provisions
  186         relating to a report by the Fish and Wildlife
  187         Conservation Commission on waterfowl permit revenues;
  188         379.2212, F.S.; revising provisions relating to a
  189         report by the commission on wild turkey permit
  190         revenues; repealing s. 379.2523(8), F.S.; deleting a
  191         duty of the Fish and Wildlife Conservation Commission
  192         relating to an aquaculture plan; amending s. 380.06,
  193         F.S.; deleting provisions on transmission of revisions
  194         relating to statewide guidelines and standards for
  195         developments of regional impact; repealing s.
  196         380.0677(3), F.S.; deleting provisions relating to
  197         powers of the Green Swamp Land Authority; repealing s.
  198         381.0011(3), F.S.; deleting provisions relating to an
  199         inclusion in the Department of Health's strategic
  200         plan; repealing s. 381.0036, F.S., relating to
  201         planning for implementation of educational
  202         requirements concerning HIV and AIDS; repealing s.
  203         381.731, F.S., relating to strategic planning of the
  204         Department of Health; amending s. 381.795, F.S.;
  205         deleting provisions relating to studies by the
  206         Department of Health on long-term, community-based
  207         supports; amending s. 381.931, F.S.; deleting
  208         provisions relating to the duty of the Department of
  209         Health to develop a report on Medicaid expenditures;
  210         amending s. 383.19, F.S.; revising provisions relating
  211         to reports by hospitals contracting to provide
  212         perinatal intensive care services; repealing s.
  213         383.21, F.S., relating to reviews of perinatal
  214         intensive care service programs; amending s. 383.2161,
  215         F.S.; revising requirements relating to a report by
  216         the Department of Health on maternal and child health;
  217         repealing s. 394.4573(4), F.S.; deleting the
  218         requirement for a report by the Department of Children
  219         and Family Services on staffing state mental health
  220         facilities; amending s. 394.4985, F.S.; deleting
  221         provisions relating to plans by department districts;
  222         amending s. 394.75, F.S.; revising provisions relating
  223         to reports by the department on substance abuse and
  224         mental health plans; repealing s. 394.82, F.S.,
  225         relating to the funding of expanded community mental
  226         health services; repealing s. 394.9082(9), F.S.;
  227         deleting a provision relating to reports on
  228         contracting with behavioral health managing entities;
  229         repealing s. 394.9083, F.S., relating to the
  230         Behavioral Health Services Integration Workgroup;
  231         repealing s. 395.807(2)(c), F.S.; deleting
  232         requirements for a report on the retention of family
  233         practice residents; repealing s. 397.321(1) and (20),
  234         F.S.; deleting a requirement that the Department of
  235         Children and Family Services develop a plan for
  236         substance abuse services and eliminating authorization
  237         for a pilot project; repealing s. 397.332(3), F.S.;
  238         deleting the requirement for a report by the director
  239         of the Office of Drug Control; amending s. 397.333,
  240         F.S.; deleting the requirement for a report by the
  241         Statewide Drug Policy Advisory Council; repealing s.
  242         397.94(1), F.S.; deleting provisions relating to
  243         children's substance abuse services plans by service
  244         districts of the Department of Children and Family
  245         Services; repealing s. 400.148(2), F.S.; deleting a
  246         provision relating to a pilot program of the Agency
  247         for Health Care Administration for a quality-of-care
  248         contract management program; amending s. 400.967,
  249         F.S.; deleting provisions relating to a report by the
  250         Agency for Health Care Administration on intermediate
  251         care facilities for developmentally disabled persons;
  252         repealing s. 402.3016(3), F.S.; deleting a requirement
  253         for a report by the agency on Early Head Start
  254         collaboration grants; repealing s. 402.40(9), F.S.;
  255         deleting a provision relating to submission to the
  256         Legislature of certain information related to child
  257         welfare training; amending s. 403.4131, F.S.; deleting
  258         provisions relating to a report on the adopt-a-highway
  259         program; repealing s. 406.02(4)(a), F.S.; deleting a
  260         requirement for a report by the Medical Examiners
  261         Commission; amending s. 408.033, F.S.; revising
  262         provisions relating to reports by local health
  263         councils; repealing s. 408.914(4), F.S.; deleting
  264         provisions requiring the Agency for Health Care
  265         Administration to submit to the Governor a plan on the
  266         comprehensive health and human services eligibility
  267         access system; repealing s. 408.915(3)(i), F.S.;
  268         deleting provisions requiring periodic reports on the
  269         pilot program for such access; repealing s. 408.917,
  270         F.S., relating to an evaluation of the pilot project;
  271         amending s. 409.1451, F.S.; revising requirements
  272         relating to reports on independent living transition
  273         services; repealing s. 409.146, F.S., relating to the
  274         children and families client and management
  275         information system; repealing s. 409.152, F.S.,
  276         relating to service integration and family
  277         preservation; repealing s. 409.1679(1) and (2), F.S.;
  278         deleting provisions relating to reports concerning
  279         residential group care services; amending s. 409.1685,
  280         F.S.; revising provisions relating to reports by the
  281         Department of Children and Family Services on children
  282         in foster care; repealing s. 409.221(4)(k), F.S.;
  283         deleting provisions relating to reports on consumer
  284         directed care; amending s. 409.25575, F.S.; deleting
  285         provisions relating to a report by the Department of
  286         Revenue regarding a quality assurance program for
  287         privatization of services; amending s. 409.2558, F.S.;
  288         deleting provisions relating to the Department of
  289         Revenue's solicitation of recommendations related to a
  290         rule on undistributable collections; repealing s.
  291         409.441(3), F.S.; deleting provisions relating to the
  292         state plan for the handling of runaway youths;
  293         amending s. 409.906, F.S.; deleting a requirement for
  294         reports of child-welfare-targeted case management
  295         projects; amending s. 409.912, F.S.; revising
  296         provisions relating to duties of the agency with
  297         respect to cost-effective purchasing of health care;
  298         repealing s. 410.0245, F.S., relating to a study of
  299         service needs of the disabled adult population;
  300         repealing s. 410.604(10), F.S.; deleting a requirement
  301         for the Department of Children and Family Services to
  302         evaluate the community care for disabled adults
  303         program; amending s. 411.0102, F.S.; deleting
  304         provisions relating to use of child care purchasing
  305         pool funds; repealing s. 411.221, F.S., relating to
  306         prevention and early assistance; repealing s. 411.242,
  307         F.S., relating to the Florida Education Now and Babies
  308         Later program; repealing s. 414.1251(3), F.S.;
  309         deleting a provision relating to an electronic data
  310         transfer system for the learnfare program; amending s.
  311         414.14, F.S.; deleting a provision relating to a
  312         report by the Secretary of Children and Family
  313         Services on public assistance policy simplification;
  314         repealing s. 414.36(1), F.S.; deleting a provision
  315         relating to a plan for privatization of recovery of
  316         public assistance overpayment claims; repealing s.
  317         414.391(3), F.S.; deleting provisions relating to a
  318         plan for automated fingerprint imaging; amending s.
  319         415.1045, F.S.; deleting a requirement for a study by
  320         the Office of Program Policy Analysis and Government
  321         Accountability on documentation of exploitation,
  322         abuse, or neglect; amending s. 415.111, F.S.; deleting
  323         the requirement for a report by the Department of
  324         Children and Family Services on exploitation, abuse,
  325         or neglect; amending s. 420.622, F.S.; revising
  326         requirements relating to a report by the State Council
  327         on Homelessness; repealing s. 420.623(4), F.S.;
  328         deleting a requirement for a report by the Department
  329         of Community Affairs on homelessness; amending s.
  330         427.704, F.S.; revising requirements relating to a
  331         report by the Public Service Commission on a
  332         telecommunications access system; amending s. 427.706,
  333         F.S.; revising requirements relating to a report by
  334         the advisory committee on telecommunications access;
  335         amending s. 429.07, F.S.; deleting provisions relating
  336         to a report by the Department of Elderly Affairs on
  337         extended congregate care facilities; repealing s.
  338         429.08(2), F.S.; deleting a provision relating to
  339         local workgroups of field offices of the Agency for
  340         Health Care Administration; amending s. 429.41, F.S.;
  341         deleting provisions relating to a report concerning
  342         standards for assisted living facilities; amending s.
  343         430.04, F.S.; revising duties of the Department of
  344         Elderly Affairs with respect to certain reports and
  345         recommendations; amending s. 430.502, F.S.; revising
  346         requirements with respect to reports by the
  347         Alzheimer's Disease Advisory Committee; amending s.
  348         445.003, F.S.; revising reporting requirements
  349         relating to Workforce Florida, Inc.; amending s.
  350         445.006, F.S.; deleting provisions relating to a
  351         strategic plan for workforce development; repealing s.
  352         445.022(4), F.S.; deleting a requirement for reports
  353         by regional workforce boards on retention incentives;
  354         amending s. 446.50, F.S.; deleting provisions relating
  355         to a state plan for displaced homemakers; repealing s.
  356         455.204, F.S., relating to long-range policy planning
  357         in the Department of Business and Professional
  358         Regulation; repealing s. 455.2226(8), F.S.; deleting a
  359         requirement for a report by the Board of Funeral
  360         Directors and Embalmers; repealing s. 455.2228(6),
  361         F.S.; deleting a requirement for reports by the
  362         Barbers' Board and the Board of Cosmetology; amending
  363         s. 456.005, F.S.; revising requirements relating to
  364         long-range planning by professional boards; amending
  365         s. 456.025, F.S.; revising requirements relating to a
  366         report to professional boards by the Department of
  367         Health; repealing s. 456.034(6), F.S.; deleting
  368         provisions relating to reports by professional boards
  369         about HIV and AIDS; amending s. 517.302, F.S.;
  370         deleting a requirement for a report by the Office of
  371         Financial Regulation on deposits into the Anti-Fraud
  372         Trust Fund; repealing s. 531.415(3), F.S.; deleting
  373         the requirement for a report by the Department of
  374         Agriculture and Consumer Services on fees; repealing
  375         s. 570.0705(3), F.S.; deleting the requirement for a
  376         report by the Commissioner of Agriculture concerning
  377         advisory committees; repealing s. 570.0725(5), F.S.;
  378         deleting provisions relating to a report by the
  379         Department of Agriculture and Consumer Services
  380         concerning support for food recovery programs;
  381         repealing s. 570.543(3), F.S.; deleting provisions
  382         relating to legislative recommendations of the Florida
  383         Consumers' Council; amending s. 603.204, F.S.;
  384         revising requirements relating to the South Florida
  385         Tropical Fruit Plan; amending s. 627.64872, F.S.;
  386         deleting provisions relating to an interim report by
  387         the board of directors of the Florida Health Insurance
  388         Plan; prohibiting the board from acting to implement
  389         the plan until certain funds are appropriated;
  390         amending s. 744.708, F.S.; revising provisions
  391         relating to audits of public guardian offices and to
  392         reports concerning those offices; amending s. 768.295,
  393         F.S.; revising duties of the Attorney General relating
  394         to reports concerning “SLAPP” lawsuits; amending s.
  395         775.084, F.S.; deleting provisions relating to
  396         sentencing of violent career criminals and to reports
  397         of judicial actions with respect thereto; amending s.
  398         790.22, F.S.; deleting provisions relating to reports
  399         by the Department of Juvenile Justice concerning
  400         certain juvenile offenses that involve weapons;
  401         amending s. 943.125, F.S.; deleting provisions
  402         relating to reports by the Florida Sheriffs
  403         Association and the Florida Police Chiefs Association
  404         concerning law enforcement agency accreditation;
  405         amending s. 943.68, F.S.; revising requirements
  406         relating to reports by the Department of Law
  407         Enforcement concerning transportation and protective
  408         services; amending s. 944.023, F.S.; deleting
  409         provisions relating to the comprehensive correctional
  410         master plan; amending s. 944.801, F.S.; deleting a
  411         requirement to deliver to specified officials copies
  412         of certain reports concerning education of state
  413         prisoners; repealing s. 945.35(10), F.S.; deleting a
  414         requirement for a report by the Department of
  415         Corrections concerning HIV and AIDS education;
  416         repealing s. 958.045(9), F.S.; deleting provisions
  417         relating to a report by the department concerning
  418         youthful offenders; amending s. 960.045, F.S.;
  419         revising requirements relating to reports by the
  420         Department of Legal Affairs with respect to victims of
  421         crimes; repealing s. 985.02(8)(c), F.S.; deleting the
  422         requirement of a study by the Office of Program Policy
  423         Analysis and Government Accountability on programs for
  424         young females within the Department of Juvenile
  425         Justice; amending s. 985.047, F.S.; deleting
  426         provisions relating to a plan by a multiagency task
  427         force on information systems related to delinquency;
  428         amending s. 985.47, F.S.; deleting provisions relating
  429         to a report on serious or habitual juvenile offenders;
  430         amending s. 985.483, F.S.; deleting provisions
  431         relating to a report on intensive residential
  432         treatment for offenders younger than 13 years of age;
  433         repealing s. 985.61(5), F.S.; deleting provisions
  434         relating to a report by the Department of Juvenile
  435         Justice on early delinquency intervention; amending s.
  436         985.622, F.S.; deleting provisions relating to
  437         submission of the multiagency plan for vocational
  438         education; repealing s. 985.632(7), F.S.; deleting
  439         provisions relating to a report by the Department of
  440         Corrections on quality assurance in contractual
  441         procurements; repealing s. 1002.34(19), F.S.; deleting
  442         provisions relating to an evaluation and report by the
  443         Commissioner of Education concerning charter technical
  444         career centers; repealing s. 1003.61(4), F.S.;
  445         deleting provisions relating to evaluation of a pilot
  446         attendance project in Manatee County; amending s.
  447         1004.22, F.S.; deleting provisions relating to
  448         university reports concerning sponsored research;
  449         repealing s. 1004.50(6), F.S.; deleting a requirement
  450         for a report by the Governor concerning unmet needs in
  451         urban communities; repealing s. 1004.94(2) and (4),
  452         F.S.; deleting provisions relating to guidelines for
  453         and a report on plans for a state adult literacy
  454         program; amending s. 1004.95, F.S.; revising
  455         requirements relating to implementing provisions for
  456         adult literacy centers; repealing s. 1006.0605, F.S.,
  457         relating to students' summer nutrition; repealing s.
  458         1006.67, F.S., relating to a report of campus crime
  459         statistics; amending s. 1009.70, F.S.; deleting
  460         provisions relating to a report on a minority law
  461         school scholarship program; amending s. 1011.32, F.S.;
  462         requiring the Governor to be given a copy of a report
  463         related to the Community College Facility Enhancement
  464         Challenge Grant Program; amending s. 1011.62, F.S.;
  465         deleting provisions relating to recommendations for
  466         implementing the extended-school-year program;
  467         repealing s. 1012.05(2)(l), F.S.; deleting provisions
  468         relating to a plan concerning teacher recruitment and
  469         retention; amending s. 1012.42, F.S.; deleting
  470         provisions relating to a plan of assistance for
  471         teachers teaching out-of-field; amending s. 1013.11,
  472         F.S.; deleting provisions relating to transmittal of a
  473         report on physical plant safety; amending ss. 161.142,
  474         163.065, 163.2511, 163.2514, 163.3202, 259.041,
  475         259.101, 369.305, 379.2431, 381.732, 381.733, 411.01,
  476         411.232, and 445.006, F.S., conforming cross
  477         references to changes made by the act; providing an
  478         effective date.
  479  
  480  Be It Enacted by the Legislature of the State of Florida:
  481  
  482         Section 1. Section 14.25, Florida Statutes, is repealed.
  483         Section 2. Subsection (3) of section 14.26, Florida
  484  Statutes, is amended to read:
  485         14.26 Citizen's Assistance Office.—
  486         (3) The Citizen's Assistance Office shall report make
  487  quarterly reports to the Governor on, which shall include:
  488         (a) The number of complaints and investigations and
  489  complaints made during the preceding quarter and the disposition
  490  of such investigations.
  491         (b) Recommendations in the form of suggested legislation or
  492  suggested procedures for the alleviation of problems disclosed
  493  by investigations.
  494         (b)(c)A report including statistics which reflect The
  495  types of complaints made and an assessment as to the cause of
  496  the complaints.
  497         (c) Recommendations for the alleviation of the cause of
  498  complaints disclosed by investigations.
  499         (d) Such Other information as the Executive Office of the
  500  Governor shall require.
  501         Section 3. Section 14.27, Florida Statutes, is repealed.
  502         Section 4. Section 16.58, Florida Statutes, is repealed.
  503         Section 5. Subsection (1) of section 17.32, Florida
  504  Statutes, is amended to read:
  505         17.32 Annual report of trust funds; duties of Chief
  506  Financial Officer.—
  507         (1) On February 1 of each year, the Chief Financial Officer
  508  shall present to the Governor and the Legislature President of
  509  the Senate and the Speaker of the House of Representatives a
  510  report listing all trust funds as defined in s. 215.32. The
  511  report must shall contain the following data elements for each
  512  fund for the preceding fiscal year:
  513         (a) The fund code.
  514         (b) The title.
  515         (c) The fund type according to generally accepted
  516  accounting principles.
  517         (d) The statutory authority.
  518         (e) The beginning cash balance.
  519         (f) Direct revenues.
  520         (g) Nonoperating revenues.
  521         (h) Operating disbursements.
  522         (i) Nonoperating disbursements.
  523         (j) The ending cash balance.
  524         (k) The department and budget entity in which the fund is
  525  located.
  526         Section 6. Subsection (1) of section 17.325, Florida
  527  Statutes, is amended to read:
  528         17.325 Governmental efficiency hotline; duties of Chief
  529  Financial Officer.—
  530         (1) The Chief Financial Officer shall establish and operate
  531  a statewide toll-free telephone hotline to receive information
  532  or suggestions from the residents citizens of this state on how
  533  to improve the operation of government, increase governmental
  534  efficiency, and eliminate waste in government. The Chief
  535  Financial Officer shall report each month to the appropriations
  536  committee of the House of Representatives and of the Senate the
  537  information or suggestions received through the hotline and the
  538  evaluations and determinations made by the affected agency, as
  539  provided in subsection (3), with respect to such information or
  540  suggestions.
  541         Section 7. Section 20.057, Florida Statutes, is amended to
  542  read:
  543         20.057 Interagency agreements to delete duplication of
  544  inspections.—
  545         (1) The Governor shall direct any department, the head of
  546  which is an officer or board appointed by and serving at the
  547  pleasure of the Governor, to enter into an interagency agreement
  548  to that will eliminate duplication of inspections among the
  549  departments that inspect the same type of facility or structure.
  550  Parties to the agreement may include departments that which are
  551  headed by a Cabinet officer, the Governor and Cabinet, or a
  552  collegial body. The agreement shall:
  553         (a) Authorize agents of one department to conduct
  554  inspections required to be performed by another department.
  555         (b) Specify that agents of the department conducting the
  556  inspection have all powers relative to the inspection as the
  557  agents of the department on whose behalf the inspection is being
  558  conducted.
  559         (c) Require that agents of the department conducting the
  560  inspection have sufficient knowledge of statutory and
  561  administrative inspection requirements to conduct a proper
  562  inspection.
  563         (d) Specify that the departments that enter which have
  564  entered into the agreement may not neither charge or nor accept
  565  any funds with respect to duties performed under the agreement
  566  which are in excess of the direct costs of conducting the such
  567  inspections.
  568         (2) Before taking effect, an agreement entered into under
  569  this section must be approved by the Governor. Inspections
  570  conducted under an agreement are shall be deemed sufficient for
  571  enforcement purposes pursuant to the agreement or as otherwise
  572  provided by law.
  573         (2) No later than 60 days prior to the beginning of the
  574  regular session, the Governor shall make an annual report to the
  575  President of the Senate and the Speaker of the House of
  576  Representatives regarding interagency agreements. The report
  577  shall identify each interagency agreement entered into under
  578  this section, and, for each agreement, shall describe the
  579  duplication eliminated, provide data that measures the
  580  effectiveness of inspections conducted under the interagency
  581  agreement, and estimate the cost savings that have resulted from
  582  the agreement. The report shall also describe obstacles
  583  encountered by any department in attempting to develop an
  584  interagency agreement and in performing duties resulting from an
  585  interagency agreement and shall recommend appropriate remedial
  586  legislative action.
  587         Section 8. Subsection (1) and paragraph (c) of subsection
  588  (5) of section 20.19, Florida Statutes, are amended to read:
  589         20.19 Department of Children and Family Services.—There is
  590  created a Department of Children and Family Services.
  591         (1) MISSION AND PURPOSE.—
  592         (a) The mission of the Department of Children and Family
  593  Services is to protect vulnerable children and adults,
  594  strengthen families, and support individuals and families in
  595  achieving personal and economic self-sufficiency work in
  596  partnership with local communities to ensure the safety, well
  597  being, and self-sufficiency of the people served.
  598         (b) The department shall develop a strategic plan for
  599  fulfilling its mission and establish a set of measurable goals,
  600  objectives, performance standards, and quality assurance
  601  requirements to ensure that the department is accountable to the
  602  people of Florida.
  603         (c) To the extent allowed by law and within specific
  604  appropriations, the department shall deliver services by
  605  contract through private providers.
  606         (5) SERVICE DISTRICTS.—
  607         (c) Each fiscal year the secretary shall, in consultation
  608  with the relevant employee representatives, develop projections
  609  of the number of child abuse and neglect cases and shall include
  610  in the department's legislative budget request a specific
  611  appropriation for funds and positions for the next fiscal year
  612  in order to provide an adequate number of full-time equivalent:
  613         1. Child protection investigation workers so that caseloads
  614  do not exceed the Child Welfare League Standards by more than
  615  two cases; and
  616         2. Child protection case workers so that caseloads do not
  617  exceed the Child Welfare League Standards by more than two
  618  cases.
  619         Section 9. Paragraphs (e), (f), and (g) of subsection (4)
  620  of section 20.316, Florida Statutes, are repealed.
  621         Section 10. Paragraph (l) of subsection (1) of section
  622  20.43, Florida Statutes, is amended to read:
  623         20.43 Department of Health.—There is created a Department
  624  of Health.
  625         (1) The purpose of the Department of Health is to promote
  626  and protect the health of all residents and visitors in the
  627  state through organized state and community efforts, including
  628  cooperative agreements with counties. The department shall:
  629         (l) Include in its long-range program the department's
  630  strategic plan developed under s. 186.021 an assessment of
  631  current health programs, systems, and costs; projections of
  632  future problems and opportunities; and recommended changes that
  633  are needed in the health care system to improve the public
  634  health.
  635         Section 11. Paragraph (d) of subsection (3) of section
  636  39.3065, Florida Statutes, is repealed.
  637         Section 12. Paragraph (h) of subsection (2) of section
  638  39.4086, Florida Statutes, is amended to read:
  639         39.4086 Pilot program for attorneys ad litem for dependent
  640  children.—
  641         (2) RESPONSIBILITIES.—
  642         (h) The Statewide Guardian Ad Litem Office of the State
  643  Courts Administrator shall conduct research and gather
  644  statistical information to evaluate the establishment,
  645  operation, and impact of the pilot program in meeting the legal
  646  needs of dependent children. In assessing the effects of the
  647  pilot program, including achievement of outcomes identified
  648  under paragraph (b), the evaluation must include a comparison of
  649  children within the Ninth Judicial Circuit who are appointed an
  650  attorney ad litem with those who are not. The office shall
  651  submit a report to the Legislature and the Governor by October
  652  1, 2001, and by October 1, 2002, regarding its findings. The
  653  office shall submit a final report by October 1, 2003, which
  654  must include an evaluation of the pilot program; findings on the
  655  feasibility of a statewide program; and recommendations, if any,
  656  for locating, establishing, and operating a statewide program.
  657         Section 13. Subsection (5) of section 39.523, Florida
  658  Statutes, is repealed.
  659         Section 14. Subsections (1) and (3) of section 98.255,
  660  Florida Statutes, are amended to read:
  661         98.255 Voter education programs.—
  662         (1) By March 1, 2002, The Department of State shall adopt
  663  rules prescribing minimum standards for nonpartisan voter
  664  education. In developing the rules, the department shall review
  665  current voter education programs within each county of the
  666  state. The standards shall, at a minimum, address, but are not
  667  limited to, the following subjects:
  668         (a) Voter registration;
  669         (b) Balloting procedures, absentee and polling place;
  670         (c) Voter rights and responsibilities;
  671         (d) Distribution of sample ballots; and
  672         (e) Public service announcements.
  673         (3)(a) By December 15 of each general election year, each
  674  supervisor of elections shall report to the Department of State
  675  a detailed description of the voter education programs
  676  implemented and any other information that may be useful in
  677  evaluating the effectiveness of voter education efforts.
  678         (b) The Department of State, upon receipt of such
  679  information, shall prepare a public report on the effectiveness
  680  of voter education programs and shall submit the report to the
  681  Governor, the President of the Senate, and the Speaker of the
  682  House of Representatives by January 31 of each year following a
  683  general election.
  684         (c) The department of State shall reexamine the rules
  685  adopted pursuant to subsection (1) and use consider the findings
  686  in these reports the report as a basis for modifying the
  687  adopting modified rules to that incorporate successful voter
  688  education programs and techniques, as necessary.
  689         Section 15. Paragraph (a) of subsection (7) of section
  690  110.1227, Florida Statutes, is amended to read:
  691         110.1227 Florida Employee Long-Term-Care Plan Act.—
  692         (7) The board of directors of the Florida Long-Term-Care
  693  Plan shall:
  694         (a) Upon implementation, prepare an annual report of the
  695  plan, with the assistance of an actuarial consultant, to be
  696  submitted to the Speaker of the House of Representatives, the
  697  President of the Senate, the Governor, and the Legislature the
  698  Minority Leaders of the Senate and the House of Representatives.
  699         Section 16. Subsection (9) of section 120.542, Florida
  700  Statutes, is amended to read:
  701         120.542 Variances and waivers.—
  702         (9) Each agency shall maintain a record of the type and
  703  disposition of each petition, including temporary or emergency
  704  variances and waivers, filed pursuant to this section. On
  705  October 1 of each year, each agency shall file a report with the
  706  Governor, the President of the Senate, and the Speaker of the
  707  House of Representatives listing the number of petitions filed
  708  requesting variances to each agency rule, the number of
  709  petitions filed requesting waivers to each agency rule, and the
  710  disposition of all petitions. Temporary or emergency variances
  711  and waivers, and the reasons for granting or denying temporary
  712  or emergency variances and waivers, shall be identified
  713  separately from other waivers and variances.
  714         Section 17. Subsection (3) of section 120.60, Florida
  715  Statutes, is amended to read:
  716         120.60 Licensing.—
  717         (3) Each applicant shall be given written notice either
  718  personally or by mail that the agency intends to grant or deny,
  719  or has granted or denied, the application for license. The
  720  notice must state with particularity the grounds or basis for
  721  the issuance or denial of the license, except when issuance is a
  722  ministerial act. Unless waived, a copy of the notice must shall
  723  be delivered or mailed to each party's attorney of record and to
  724  each person who has requested notice of agency action. Each
  725  notice must shall inform the recipient of the basis for the
  726  agency decision, shall inform the recipient of any
  727  administrative hearing pursuant to ss. 120.569 and 120.57 or
  728  judicial review pursuant to s. 120.68 which may be available,
  729  shall indicate the procedure that which must be followed, and
  730  shall state the applicable time limits. The issuing agency shall
  731  certify the date the notice was mailed or delivered, and the
  732  notice and the certification shall be filed with the agency
  733  clerk.
  734         Section 18. Subsection (2) of section 120.695, Florida
  735  Statutes, is amended to read:
  736         120.695 Notice of noncompliance.—
  737         (2)(a) Each agency shall issue a notice of noncompliance as
  738  a first response to a minor violation of a rule. A “notice of
  739  noncompliance” is a notification by the agency charged with
  740  enforcing the rule issued to the person or business subject to
  741  the rule. A notice of noncompliance may not be accompanied with
  742  a fine or other disciplinary penalty. It must identify the
  743  specific rule that is being violated, provide information on how
  744  to comply with the rule, and specify a reasonable time for the
  745  violator to comply with the rule. A rule is agency action that
  746  regulates a business, occupation, or profession, or regulates a
  747  person operating a business, occupation, or profession, and
  748  that, if not complied with, may result in a disciplinary
  749  penalty.
  750         (b) Each agency shall review all of its rules and designate
  751  those rules for which a violation would be a minor violation and
  752  for which a notice of noncompliance must be the first
  753  enforcement action taken against a person or business subject to
  754  regulation. A violation of a rule is a minor violation if it
  755  does not result in economic or physical harm to a person or
  756  adversely affect the public health, safety, or welfare or create
  757  a significant threat of such harm. If an agency under the
  758  direction of a cabinet officer mails to each licensee a notice
  759  of the designated rules at the time of licensure and at least
  760  annually thereafter, the provisions of paragraph (a) may be
  761  exercised at the discretion of the agency. The Such notice shall
  762  include a subject-matter index of the rules and information on
  763  how the rules may be obtained.
  764         (c) The agency's review and designation must be completed
  765  by December 1, 1995; each agency under the direction of the
  766  Governor shall make a report to the Governor, and each agency
  767  under the joint direction of the Governor and Cabinet shall
  768  report to the Governor and Cabinet by January 1, 1996, on which
  769  of its rules have been designated as rules the violation of
  770  which would be a minor violation.
  771         (c)(d) The Governor or the Governor and Cabinet, as
  772  appropriate pursuant to paragraph (c), may evaluate the rule
  773  review and designation effects of each agency and may apply a
  774  different designation than that applied by the agency.
  775         (3)(e) This section does not apply to the regulation of law
  776  enforcement personnel or teachers.
  777         (4)(f)Rule designation pursuant to this section is not
  778  subject to challenge under this chapter.
  779         Section 19. Subsection (3) of section 121.45, Florida
  780  Statutes, is amended to read:
  781         121.45 Interstate compacts relating to pension
  782  portability.—
  783         (3) ESTABLISHMENT OF COMPACTS.—
  784         (a) The Department of Management Services shall is
  785  authorized and directed to survey other state retirement systems
  786  to determine if such retirement systems are interested in
  787  developing an interstate compact with Florida.
  788         (b) If another any such state is interested in pursuing the
  789  matter, the department shall confer with the other state, and
  790  the consulting actuaries of both states, and shall present its
  791  findings to the committees having jurisdiction over retirement
  792  matters in the Legislature, and to representatives of affected
  793  certified bargaining units, in order to determine the
  794  feasibility of developing a portability compact, what groups
  795  should be covered, and the goals and priorities which should
  796  guide such development.
  797         (c) Upon a determination that such a compact is feasible
  798  and upon request of the Legislature, the department, together
  799  with its consulting actuaries, shall, in accordance with said
  800  goals and priorities, develop a proposal under which retirement
  801  credit may be transferred to or from Florida in an actuarially
  802  sound manner and shall present the proposal to the Governor and
  803  the Legislature for consideration.
  804         (d) Once a proposal has been developed, the department
  805  shall contract with its consulting actuaries to conduct an
  806  actuarial study of the proposal to determine the cost to the
  807  Florida Retirement System Trust Fund and the State of Florida.
  808         (e) After the actuarial study has been completed, the
  809  department shall present its findings and the actuarial study to
  810  the Legislature for consideration. If either house of the
  811  Legislature elects to enter into such a compact, it shall be
  812  introduced in the form of a proposed committee bill to the full
  813  Legislature during the same or next regular session.
  814         Section 20. Section 153.952, Florida Statutes, is repealed.
  815         Section 21. Subsections (3) through (22) of section
  816  161.053, Florida Statutes, are amended to read:
  817         161.053 Coastal construction and excavation; regulation on
  818  county basis.—
  819         (3) It is the intent of the Legislature that any coastal
  820  construction control line that has not been updated since June
  821  30, 1980, shall be considered a critical priority for
  822  reestablishment by the department. In keeping with this intent,
  823  the department shall notify the Legislature if all such lines
  824  cannot be reestablished by December 31, 1997, so that the
  825  Legislature may subsequently consider interim lines of
  826  jurisdiction for the remaining counties.
  827         (3)(4)A Any coastal county or coastal municipality may
  828  establish coastal construction zoning and building codes in lieu
  829  of the provisions of this section if, provided such zones and
  830  codes are approved by the department as being adequate to
  831  preserve and protect the beaches and coastal barrier dunes
  832  adjacent to such beaches, which are under the jurisdiction of
  833  the department, from imprudent construction that will jeopardize
  834  the stability of the beach-dune system, accelerate erosion,
  835  provide inadequate protection to upland structures, endanger
  836  adjacent properties, or interfere with public beach access.
  837  Exceptions to locally established coastal construction zoning
  838  and building codes may shall not be granted unless previously
  839  approved by the department. It is The intent of this subsection
  840  is to provide for the local administration of established
  841  coastal construction control lines through approved zoning and
  842  building codes if where desired by local interests and where
  843  such local interests have, in the judgment of the department,
  844  sufficient funds and personnel to adequately administer the
  845  program. Should the department determine at any time that the
  846  program is inadequately administered, the department may shall
  847  have authority to revoke the authority granted to the county or
  848  municipality.
  849         (4)(5) Except in those areas where local zoning and
  850  building codes have been established pursuant to subsection (3)
  851  (4), a permit to alter, excavate, or construct on property
  852  seaward of established coastal construction control lines may be
  853  granted by the department as follows:
  854         (a) The department may authorize an excavation or erection
  855  of a structure at any coastal location as described in
  856  subsection (1) upon receipt of an application from a property or
  857  and/or riparian owner and upon the consideration of facts and
  858  circumstances, including:
  859         1. Adequate engineering data concerning shoreline stability
  860  and storm tides related to shoreline topography;
  861         2. Design features of the proposed structures or
  862  activities; and
  863         3. Potential effects impacts of the location of the such
  864  structures or activities, including potential cumulative effects
  865  of any proposed structures or activities upon the such beach
  866  dune system, which, in the opinion of the department, clearly
  867  justify such a permit.
  868         (b) If in the immediate contiguous or adjacent area a
  869  number of existing structures have established a reasonably
  870  continuous and uniform construction line closer to the line of
  871  mean high water than the foregoing, and if the existing
  872  structures have not been unduly affected by erosion, a proposed
  873  structure may, at the discretion of the department, be permitted
  874  along such line on written authorization from the department if
  875  the such structure is also approved by the department. However,
  876  the department may shall not contravene setback requirements or
  877  zoning or building codes established by a county or municipality
  878  which are equal to, or more strict than, the those requirements
  879  provided in this subsection herein. This paragraph does not
  880  prohibit the department from requiring structures to meet design
  881  and siting criteria established in paragraph (a) or in
  882  subsection (1) or subsection (2).
  883         (c) The department may condition the nature, timing, and
  884  sequence of construction of permitted activities to provide
  885  protection to nesting sea turtles and hatchlings and their
  886  habitat, pursuant to s. 379.2431, and to native salt-resistant
  887  vegetation and endangered plant communities.
  888         (d) The department may require such engineer certifications
  889  as necessary to ensure assure the adequacy of the design and
  890  construction of permitted projects.
  891         (e) The department shall limit the construction of
  892  structures that which interfere with public access along the
  893  beach. However, the department may require, as a condition of to
  894  granting permits, the provision of alternative access if when
  895  interference with public access along the beach is unavoidable.
  896  The width of the such alternate access may not be required to
  897  exceed the width of the access that will be obstructed as a
  898  result of the permit being granted.
  899         (f) The department may, as a condition of to the granting
  900  of a permit under this section, require mitigation, financial,
  901  or other assurances acceptable to the department as may be
  902  necessary to ensure assure performance of conditions of a permit
  903  or enter into contractual agreements to best assure compliance
  904  with any permit conditions. The department may also require
  905  notice of the permit conditions required and the contractual
  906  agreements entered into pursuant to the provisions of this
  907  subsection to be filed in the public records of the county in
  908  which the permitted activity is located.
  909         (5)(6)(a) As used in this subsection, the term:
  910         1. “Frontal dune” means the first natural or manmade mound
  911  or bluff of sand which is located landward of the beach and
  912  which has sufficient vegetation, height, continuity, and
  913  configuration to offer protective value.
  914         2. “Seasonal high-water line” means the line formed by the
  915  intersection of the rising shore and the elevation of 150
  916  percent of the local mean tidal range above local mean high
  917  water.
  918         (b) After October 1, 1985, and Notwithstanding any other
  919  provision of this part, the department, or a local government to
  920  which the department has delegated permitting authority pursuant
  921  to subsections (3) (4) and (15) (16), may shall not issue a any
  922  permit for any structure, other than a coastal or shore
  923  protection structure, minor structure, or pier, meeting the
  924  requirements of this part, or other than intake and discharge
  925  structures for a facility sited pursuant to part II of chapter
  926  403, which is proposed for a location that which, based on the
  927  department's projections of erosion in the area, will be seaward
  928  of the seasonal high-water line within 30 years after the date
  929  of application for the such permit. The procedures for
  930  determining such erosion shall be established by rule. In
  931  determining the area that which will be seaward of the seasonal
  932  high-water line in 30 years, the department may shall not
  933  include any areas landward of a coastal construction control
  934  line.
  935         (c) If Where the application of paragraph (b) would
  936  preclude the construction of a structure, the department may
  937  issue a permit for a single-family dwelling for the parcel if so
  938  long as:
  939         1. The parcel for which the single-family dwelling is
  940  proposed was platted or subdivided by metes and bounds before
  941  the effective date of this section;
  942         2. The owner of the parcel for which the single-family
  943  dwelling is proposed does not own another parcel immediately
  944  adjacent to and landward of the parcel for which the dwelling is
  945  proposed;
  946         3. The proposed single-family dwelling is located landward
  947  of the frontal dune structure; and
  948         4. The proposed single-family dwelling will be as far
  949  landward on its parcel as is practicable without being located
  950  seaward of or on the frontal dune.
  951         (d) In determining the land areas that which will be below
  952  the seasonal high-water line within 30 years after the permit
  953  application date, the department shall consider the effect
  954  impact on the erosion rates of an existing beach nourishment or
  955  restoration project or of a beach nourishment or restoration
  956  project for which all funding arrangements have been made and
  957  all permits have been issued at the time the application is
  958  submitted. The department shall consider each year there is sand
  959  seaward of the erosion control line whether that no erosion took
  960  place that year. However, the seaward extent of the beach
  961  nourishment or restoration project beyond the erosion control
  962  line may shall not be considered in determining the applicable
  963  erosion rates. Nothing in This subsection does not shall
  964  prohibit the department from requiring structures to meet the
  965  criteria established in subsection (1), subsection (2), or
  966  subsection (4) (5) or to be further landward than required by
  967  this subsection based on the criteria established in subsection
  968  (1), subsection (2), or subsection (4) (5).
  969         (e) The department shall annually report to the Legislature
  970  the status of this program, including any changes to the
  971  previously adopted procedures for determining erosion
  972  projections.
  973         (6)(7) Any coastal structure erected, or excavation
  974  created, in violation of the provisions of this section is
  975  hereby declared to be a public nuisance; and such structure
  976  shall be forthwith removed or such excavation shall be forthwith
  977  refilled after written notice by the department directing such
  978  removal or filling. If In the event the structure is not removed
  979  or the excavation refilled within a reasonable time as directed,
  980  the department may remove such structure or fill such excavation
  981  at its own expense; and the costs thereof shall become a lien on
  982  upon the property of the upland owner upon which the such
  983  unauthorized structure or excavation is located.
  984         (7)(8) Any person, firm, corporation, or agent thereof who
  985  violates this section commits is guilty of a misdemeanor of the
  986  first degree, punishable as provided in s. 775.082 or s.
  987  775.083,; except that a person driving a any vehicle on, over,
  988  or across a any sand dune and damaging or causing to be damaged
  989  such sand dune or the vegetation growing thereon in violation of
  990  this section commits is guilty of a misdemeanor of the second
  991  degree, punishable as provided in s. 775.082 or s. 775.083. A
  992  person, firm, corporation, or agent thereof commits shall be
  993  deemed guilty of a separate offense for each day during any
  994  portion of which a any violation of this section is committed or
  995  continued.
  996         (8)(9)The provisions of This section does do not apply to
  997  structures intended for shore protection purposes which are
  998  regulated by s. 161.041 or to structures existing or under
  999  construction before prior to the establishment of the coastal
 1000  construction control line if the as provided herein, provided
 1001  such structures are may not be materially altered except as
 1002  provided in subsection (4) (5). Except for structures that have
 1003  been materially altered, structures determined to be under
 1004  construction at the time of the establishment or reestablishment
 1005  of the coastal construction control line are shall be exempt
 1006  from the provisions of this section. However, unless such an
 1007  exemption has been judicially confirmed to exist before prior to
 1008  April 10, 1992, the exemption shall last only for a period of 3
 1009  years from either the date of the determination of the exemption
 1010  or April 10, 1992, whichever occurs later. The department may
 1011  extend the exemption period for structures that require longer
 1012  periods for completion if of their construction, provided that
 1013  construction during the initial exemption period is has been
 1014  continuous. For purposes of this subsection, the term
 1015  “continuous” means following a reasonable sequence of
 1016  construction without significant or unreasonable periods of work
 1017  stoppage.
 1018         (9)(10) The department may by regulation exempt
 1019  specifically described portions of the coastline from the
 1020  provisions of this section if, when in its judgment, such
 1021  portions of coastline because of their nature are not subject to
 1022  erosion of a substantially damaging effect to the public.
 1023         (10)(11) Pending the establishment of coastal construction
 1024  control lines as provided herein, the provisions of s. 161.052
 1025  shall remain in force. However, upon the establishment of
 1026  coastal construction control lines, or the establishment of
 1027  coastal construction zoning and building codes as provided in
 1028  subsection (3) (4), the provisions of s. 161.052 shall be
 1029  superseded by the provisions of this section.
 1030         (11)(12)(a) The coastal construction control requirements
 1031  defined in subsection (1) and the requirements of the erosion
 1032  projections in pursuant to subsection (5) (6) do not apply to
 1033  any modification, maintenance, or repair of to any existing
 1034  structure within the limits of the existing foundation which
 1035  does not require, involve, or include any additions to, or
 1036  repair or modification of, the existing foundation of that
 1037  structure. Specifically excluded from this exemption are
 1038  seawalls or other rigid coastal or shore protection structures
 1039  and any additions or enclosures added, constructed, or installed
 1040  below the first dwelling floor or lowest deck of the existing
 1041  structure.
 1042         (b) Activities seaward of the coastal construction control
 1043  line which are determined by the department not to cause a
 1044  measurable interference with the natural functioning of the
 1045  coastal system are exempt from the requirements of in subsection
 1046  (4) (5).
 1047         (c) The department may establish exemptions from the
 1048  requirements of this section for minor activities determined by
 1049  the department not to have an adverse effect impacts on the
 1050  coastal system. Examples of such activities include, but are not
 1051  limited to:
 1052         1. Boat moorings;
 1053         2. Maintenance of existing beach-dune beach/dune
 1054  vegetation;
 1055         3. The burial of seaweed, dead fish, whales, or other
 1056  marine animals on the unvegetated beach;
 1057         4. The removal of piers or other derelict structures from
 1058  the unvegetated beach or seaward of mean high water;
 1059         5. Temporary emergency vehicular access, if the affected
 1060  provided any impacted area is immediately restored;
 1061         6. The removal of any existing structures or debris from
 1062  the upland, if provided there is no excavation or disturbance to
 1063  the existing topography or to beach-dune beach/dune vegetation;
 1064         7. Construction of a any new roof overhang extending no
 1065  more than 4 feet beyond the confines of the existing foundation
 1066  during modification, renovation, or reconstruction of a
 1067  habitable structure within the confines of the existing
 1068  foundation of that structure which does not include any
 1069  additions to or modification of the existing foundation of that
 1070  structure;
 1071         8. Minor and temporary excavation for the purpose of
 1072  repairs to existing subgrade residential service utilities
 1073  (e.g., water and sewer lines, septic tanks and drainfields,
 1074  electrical and telephone cables, and gas lines), if provided
 1075  that there is minimal disturbance and the that grade is restored
 1076  with fill compatible in both coloration and grain size to the
 1077  onsite material and any damaged or destroyed vegetation is
 1078  restored using similar vegetation; and
 1079         9. Any other minor construction that has an effect with
 1080  impacts similar to the above activities.
 1081         (12)(13)(a) Notwithstanding the coastal construction
 1082  control requirements defined in subsection (1) or the erosion
 1083  projection determined pursuant to subsection (5) (6), the
 1084  department may, at its discretion, issue a permit for the repair
 1085  or rebuilding within the confines of the original foundation of
 1086  a major structure pursuant to the provisions of subsection (4)
 1087  (5). Alternatively, the department may also, at its discretion,
 1088  issue a permit for a more landward relocation or rebuilding of a
 1089  damaged or existing structure if such relocation or rebuilding
 1090  would not cause further harm to the beach-dune system, and if,
 1091  in the case of rebuilding, the such rebuilding complies with the
 1092  provisions of subsection (4) (5), and otherwise complies with
 1093  the provisions of this subsection.
 1094         (b) Under no circumstances shall The department may not
 1095  permit such repairs or rebuilding that expands expand the
 1096  capacity of the original structure seaward of the 30-year
 1097  erosion projection established pursuant to subsection (5) (6).
 1098         (c) In reviewing applications for relocation or rebuilding,
 1099  the department shall specifically consider changes in shoreline
 1100  conditions, the availability of other relocation or rebuilding
 1101  options, and the design adequacy of the project sought to be
 1102  rebuilt.
 1103         (d) Permits issued under this subsection are shall not be
 1104  considered precedential as to the issuance of subsequent
 1105  permits.
 1106         (13)(14) Concurrent with the establishment of a coastal
 1107  construction control line and the ongoing administration of this
 1108  chapter, the secretary of the department shall make
 1109  recommendations to the Board of Trustees of the Internal
 1110  Improvement Trust Fund concerning the purchase of the fee or any
 1111  lesser interest in any lands seaward of the control line
 1112  pursuant to the state's Save Our Coast, Conservation and
 1113  Recreation Lands, or Outdoor Recreation Land acquisition
 1114  programs; and, with respect to those control lines established
 1115  pursuant to this section before prior to June 14, 1978, the
 1116  secretary may make such recommendations.
 1117         (14)(15) A coastal county or municipality fronting on the
 1118  Gulf of Mexico, the Atlantic Ocean, or the Straits of Florida
 1119  shall advise the department within 5 days after receipt of any
 1120  permit application for construction or other activities proposed
 1121  to be located seaward of the line established by the department
 1122  pursuant to the provisions of this section. Within 5 days after
 1123  receipt of such application, the county or municipality shall
 1124  notify the applicant of the requirements for state permits.
 1125         (15)(16) In keeping with the intent of subsection (3) (4),
 1126  and at the discretion of the department, authority for
 1127  permitting certain types of activities that which have been
 1128  defined by the department may be delegated by the department to
 1129  a coastal county or coastal municipality. Such partial
 1130  delegation shall be narrowly construed to those particular
 1131  activities specifically named in the delegation and agreed to by
 1132  the affected county or municipality., and The delegation may be
 1133  revoked by the department at any time if it is determined that
 1134  the delegation is improperly or inadequately administered.
 1135         (16)(17) The department may, at the request of a property
 1136  owner, contract with the such property owner for an agreement,
 1137  or modify an existing contractual agreement regulating
 1138  development activities landward of a coastal construction
 1139  control line, if provided that nothing within the contractual
 1140  agreement is consistent shall be inconsistent with the design
 1141  and siting provisions of this section. In no case shall The
 1142  contractual agreement may not bind either party for a period
 1143  longer than 5 years following from its date of execution. Before
 1144  Prior to beginning a any construction activity covered by the
 1145  agreement, the property owner must shall obtain the necessary
 1146  authorization required by the agreement. The agreement may shall
 1147  not authorize construction for:
 1148         (a) Major habitable structures that which would require
 1149  construction beyond the expiration of the agreement, unless such
 1150  construction is above the completed foundation; or
 1151         (b) Nonhabitable major structures or minor structures,
 1152  unless such construction is was authorized at the same time as
 1153  the habitable major structure.
 1154         (17)(18) The department may is authorized to grant areawide
 1155  permits to local governments, other governmental agencies, and
 1156  utility companies for special classes of activities in areas
 1157  under their general jurisdiction or responsibility if, so long
 1158  as these activities, due to the type, size, or temporary nature
 1159  of the activity, will not cause measurable interference with the
 1160  natural functioning of the beach-dune beach dune system or with
 1161  marine turtles or their nesting sites. Such activities shall
 1162  include, but are not be limited to: road repairs, not including
 1163  new construction; utility repairs and replacements, or other
 1164  minor activities necessary to provide utility services; beach
 1165  cleaning; and emergency response. The department may adopt rules
 1166  to establish criteria and guidelines for use by permit
 1167  applicants. The department must shall require notice provisions
 1168  appropriate to the type and nature of the activities for which
 1169  the areawide permits are sought.
 1170         (18)(19) The department may is authorized to grant general
 1171  permits for projects, including dune walkovers, decks, fences,
 1172  landscaping, sidewalks, driveways, pool resurfacing, minor pool
 1173  repairs, and other nonhabitable structures, if the so long as
 1174  these projects, due to their the type, size, or temporary nature
 1175  of the project, will not cause a measurable interference with
 1176  the natural functioning of the beach-dune beach dune system or
 1177  with marine turtles or their nesting sites. In no event shall
 1178  Multifamily habitable structures do not qualify for general
 1179  permits. However, single-family habitable structures that which
 1180  do not advance the line of existing construction and satisfy all
 1181  siting and design requirements of this section may be eligible
 1182  for a general permit pursuant to this subsection. The department
 1183  may adopt rules to establish criteria and guidelines for use by
 1184  permit applicants.
 1185         (a) Persons wishing to use the general permits must set
 1186  forth in this subsection shall, at least 30 days before
 1187  beginning any work, notify the department in writing on forms
 1188  adopted by the department. The notice must shall include a
 1189  description of the proposed project and supporting documents
 1190  depicting the proposed project, its location, and other
 1191  pertinent information as required by rule, to demonstrate that
 1192  the proposed project qualifies for the requested general permit.
 1193  Persons who undertake projects without proof of notice to the
 1194  department, but whose projects would otherwise qualify for
 1195  general permits, shall be considered to have as being undertaken
 1196  a project without a permit and are shall be subject to
 1197  enforcement pursuant to s. 161.121.
 1198         (b) Persons wishing to use a general permit must provide
 1199  notice as required by the applicable local building code where
 1200  the project will be located. If a building code requires no
 1201  notice, any person wishing to use a general permit must, at a
 1202  minimum, post on the property at least 5 days before commencing
 1203  prior to the commencement of construction a sign no smaller than
 1204  88 square inches, with letters no smaller than one-quarter inch,
 1205  describing the project.
 1206         (19)(20)(a) The department may suspend or revoke the use of
 1207  a general or areawide permit for good cause, including:
 1208  submission of false or inaccurate information in the
 1209  notification for use of a general or areawide permit; violation
 1210  of law, department orders, or rules relating to permit
 1211  conditions; deviation from the specified activity or project
 1212  indicated or the conditions for undertaking the activity or
 1213  project; refusal of lawful inspection; or any other act by on
 1214  the permittee permittee's part in using the general or areawide
 1215  permit which results or may result in harm or injury to human
 1216  health or welfare, or which causes harm or injury to animal,
 1217  plant, or aquatic life or to property.
 1218         (b) The department shall have access to the permitted
 1219  activity or project at reasonable times to inspect and determine
 1220  compliance with the permit and department rules.
 1221         (20)(21) The department may is authorized to adopt rules
 1222  related to the following provisions of this section:
 1223  establishment of coastal construction control lines; activities
 1224  seaward of the coastal construction control line; exemptions;
 1225  property owner agreements; delegation of the program; permitting
 1226  programs; and violations and penalties.
 1227         (21)(22) In accordance with ss. 553.73 and 553.79, and upon
 1228  the effective date of the Florida Building Code, the provisions
 1229  of this section which pertain to and govern the design,
 1230  construction, erection, alteration, modification, repair, and
 1231  demolition of public and private buildings, structures, and
 1232  facilities shall be incorporated into the Florida Building Code.
 1233  The Florida Building Commission may shall have the authority to
 1234  adopt rules pursuant to ss. 120.536 and 120.54 in order to
 1235  administer implement those provisions. This subsection does not
 1236  limit or abrogate the right and authority of the department to
 1237  require permits or to adopt and enforce environmental standards,
 1238  including, but not limited to, standards for ensuring the
 1239  protection of the beach-dune system, proposed or existing
 1240  structures, adjacent properties, marine turtles, native salt
 1241  resistant vegetation, endangered plant communities, and the
 1242  preservation of public beach access.
 1243         Section 22. Subsection (2) of section 161.161, Florida
 1244  Statutes, is amended to read:
 1245         161.161 Procedure for approval of projects.—
 1246         (2) Annually Upon approval of the beach management plan,
 1247  the secretary shall present to the Legislature President of the
 1248  Senate, the Speaker of the House of Representatives, and the
 1249  chairs of the legislative appropriations committees
 1250  recommendations for funding of beach erosion control projects
 1251  prioritized according to the. Such recommendations shall be
 1252  presented to such members of the Legislature in the priority
 1253  order specified in the plan and established pursuant to criteria
 1254  established contained in s. 161.101(14).
 1255         Section 23. Section 163.2526, Florida Statutes, is
 1256  repealed.
 1257         Section 24. Subsection (2) of section 163.3167, Florida
 1258  Statutes, is amended to read:
 1259         163.3167 Scope of act.—
 1260         (2) Each local government shall prepare a comprehensive
 1261  plan of the type and in the manner set out in this part act or
 1262  shall prepare amendments to its existing comprehensive plan to
 1263  conform it to the requirements of this part and in the manner
 1264  set out in this part. Each local government, in accordance with
 1265  the procedures in s. 163.3184, shall submit its complete
 1266  proposed comprehensive plan or its complete comprehensive plan
 1267  as proposed to be amended to the state land planning agency by
 1268  the date specified in the rule adopted by the state land
 1269  planning agency pursuant to this subsection. The state land
 1270  planning agency shall, prior to October 1, 1987, adopt a
 1271  schedule of local governments required to submit complete
 1272  proposed comprehensive plans or comprehensive plans as proposed
 1273  to be amended. Such schedule shall specify the exact date of
 1274  submission for each local government, shall establish equal,
 1275  staggered submission dates, and shall be consistent with the
 1276  following time periods:
 1277         (a) Beginning on July 1, 1988, and on or before July 1,
 1278  1990, each county that is required to include a coastal
 1279  management element in its comprehensive plan and each
 1280  municipality in such a county; and
 1281         (b) Beginning on July 1, 1989, and on or before July 1,
 1282  1991, all other counties or municipalities.
 1283  
 1284  Nothing herein shall preclude the state land planning agency
 1285  from permitting by rule a county together with each municipality
 1286  in the county from submitting a proposed comprehensive plan
 1287  earlier than the dates established in paragraphs (a) and (b).
 1288  Any county or municipality that fails to meet the schedule set
 1289  for submission of its proposed comprehensive plan by more than
 1290  90 days shall be subject to the sanctions described in s.
 1291  163.3184(11)(a) imposed by the Administration Commission.
 1292  Notwithstanding the time periods established in this subsection,
 1293  the state land planning agency may establish later deadlines for
 1294  the submission of proposed comprehensive plans or comprehensive
 1295  plans as proposed to be amended for a county or municipality
 1296  which has all or a part of a designated area of critical state
 1297  concern within its boundaries; however, such deadlines shall not
 1298  be extended to a date later than July 1, 1991, or the time of
 1299  de-designation, whichever is earlier.
 1300         Section 25. Paragraph (h) of subsection (6) and paragraph
 1301  (k) of subsection (10) of section 163.3177, Florida Statutes,
 1302  are amended to read:
 1303         163.3177 Required and optional elements of comprehensive
 1304  plan; studies and surveys.—
 1305         (6) In addition to the requirements of subsections (1)-(5)
 1306  and (12), the comprehensive plan shall include the following
 1307  elements:
 1308         (h)1. An intergovernmental coordination element showing
 1309  relationships and stating principles and guidelines to be used
 1310  in coordinating the accomplishment of coordination of the
 1311  adopted comprehensive plan with the plans of school boards,
 1312  regional water supply authorities, and other units of local
 1313  government providing services but not having regulatory
 1314  authority over the use of land, with the comprehensive plans of
 1315  adjacent municipalities, the county, adjacent counties, or the
 1316  region, with the state comprehensive plan and with the
 1317  applicable regional water supply plan approved pursuant to s.
 1318  373.0361, as the case may require and as such adopted plans or
 1319  plans in preparation may exist. This element of the local
 1320  comprehensive plan must shall demonstrate consideration of the
 1321  particular effects of the local plan, when adopted, upon the
 1322  development of adjacent municipalities, the county, adjacent
 1323  counties, or the region, or upon the state comprehensive plan,
 1324  as the case may require.
 1325         a. The intergovernmental coordination element must shall
 1326  provide for procedures for identifying and implementing to
 1327  identify and implement joint planning areas, especially for the
 1328  purpose of annexation, municipal incorporation, and joint
 1329  infrastructure service areas.
 1330         b. The intergovernmental coordination element must shall
 1331  provide for recognition of campus master plans prepared pursuant
 1332  to s. 1013.30.
 1333         c. The intergovernmental coordination element may provide
 1334  for a voluntary dispute resolution process, as established
 1335  pursuant to s. 186.509, for bringing to closure in a timely
 1336  manner intergovernmental disputes to closure in a timely manner.
 1337  A local government may also develop and use an alternative local
 1338  dispute resolution process for this purpose.
 1339         2. The intergovernmental coordination element shall also
 1340  further state principles and guidelines to be used in
 1341  coordinating the accomplishment of coordination of the adopted
 1342  comprehensive plan with the plans of school boards and other
 1343  units of local government providing facilities and services but
 1344  not having regulatory authority over the use of land. In
 1345  addition, the intergovernmental coordination element must shall
 1346  describe joint processes for collaborative planning and
 1347  decisionmaking on population projections and public school
 1348  siting, the location and extension of public facilities subject
 1349  to concurrency, and siting facilities with countywide
 1350  significance, including locally unwanted land uses whose nature
 1351  and identity are established in an agreement. Within 1 year
 1352  after of adopting their intergovernmental coordination elements,
 1353  each county, all the municipalities within that county, the
 1354  district school board, and any unit of local government service
 1355  providers in that county shall establish by interlocal or other
 1356  formal agreement executed by all affected entities, the joint
 1357  processes described in this subparagraph consistent with their
 1358  adopted intergovernmental coordination elements.
 1359         3. To foster coordination between special districts and
 1360  local general-purpose governments as local general-purpose
 1361  governments implement local comprehensive plans, each
 1362  independent special district must submit a public facilities
 1363  report to the appropriate local government as required by s.
 1364  189.415.
 1365         4.a. Local governments must execute an interlocal agreement
 1366  with the district school board, the county, and nonexempt
 1367  municipalities pursuant to s. 163.31777. The local government
 1368  shall amend the intergovernmental coordination element to ensure
 1369  provide that coordination between the local government and
 1370  school board is pursuant to the agreement and shall state the
 1371  obligations of the local government under the agreement.
 1372         b. Plan amendments that comply with this subparagraph are
 1373  exempt from the provisions of s. 163.3187(1).
 1374         5. The state land planning agency shall establish a
 1375  schedule for phased completion and transmittal of plan
 1376  amendments to implement subparagraphs 1., 2., and 3. from all
 1377  jurisdictions so as to accomplish their adoption by December 31,
 1378  1999. A local government may complete and transmit its plan
 1379  amendments to carry out these provisions prior to the scheduled
 1380  date established by the state land planning agency. The plan
 1381  amendments are exempt from the provisions of s. 163.3187(1).
 1382         5.6. By January 1, 2004, any county having a population
 1383  greater than 100,000, and the municipalities and special
 1384  districts within that county, shall submit a report to the
 1385  Department of Community Affairs which identifies:
 1386         a. Identifies All existing or proposed interlocal service
 1387  delivery agreements relating to regarding the following:
 1388  education; sanitary sewer; public safety; solid waste; drainage;
 1389  potable water; parks and recreation; and transportation
 1390  facilities.
 1391         b. Identifies Any deficits or duplication in the provision
 1392  of services within its jurisdiction, whether capital or
 1393  operational. Upon request, the Department of Community Affairs
 1394  shall provide technical assistance to the local governments in
 1395  identifying deficits or duplication.
 1396         6.7. Within 6 months after submission of the report, the
 1397  Department of Community Affairs shall, through the appropriate
 1398  regional planning council, coordinate a meeting of all local
 1399  governments within the regional planning area to discuss the
 1400  reports and potential strategies to remedy any identified
 1401  deficiencies or duplications.
 1402         7.8. Each local government shall update its
 1403  intergovernmental coordination element based upon the findings
 1404  in the report submitted pursuant to subparagraph 5. 6. The
 1405  report may be used as supporting data and analysis for the
 1406  intergovernmental coordination element.
 1407         (10) The Legislature recognizes the importance and
 1408  significance of chapter 9J-5, Florida Administrative Code, the
 1409  Minimum Criteria for Review of Local Government Comprehensive
 1410  Plans and Determination of Compliance of the Department of
 1411  Community Affairs that will be used to determine compliance of
 1412  local comprehensive plans. The Legislature reserved unto itself
 1413  the right to review chapter 9J-5, Florida Administrative Code,
 1414  and to reject, modify, or take no action relative to this rule.
 1415  Therefore, pursuant to subsection (9), the Legislature hereby
 1416  has reviewed chapter 9J-5, Florida Administrative Code, and
 1417  expresses the following legislative intent:
 1418         (k) In order for So that local governments are able to
 1419  prepare and adopt comprehensive plans with knowledge of the
 1420  rules that are will be applied to determine consistency of the
 1421  plans with provisions of this part, it is the intent of the
 1422  Legislature that there should be no doubt as to the legal
 1423  standing of chapter 9J-5, Florida Administrative Code, at the
 1424  close of the 1986 legislative session. Therefore, the
 1425  Legislature declares that changes made to chapter 9J-5 before,
 1426  Florida Administrative Code, prior to October 1, 1986, are shall
 1427  not be subject to rule challenges under s. 120.56(2), or to
 1428  drawout proceedings under s. 120.54(3)(c)2. The entire chapter
 1429  9J-5, Florida Administrative Code, as amended, is shall be
 1430  subject to rule challenges under s. 120.56(3), as nothing herein
 1431  indicates shall be construed to indicate approval or disapproval
 1432  of any portion of chapter 9J-5, Florida Administrative Code, not
 1433  specifically addressed herein. No challenge pursuant to s.
 1434  120.56(3) may be filed from July 1, 1987, through April 1, 1993.
 1435  Any amendments to chapter 9J-5, Florida Administrative Code,
 1436  exclusive of the amendments adopted prior to October 1, 1986,
 1437  pursuant to this act, shall be subject to the full chapter 120
 1438  process. All amendments shall have effective dates as provided
 1439  in chapter 120 and submission to the President of the Senate and
 1440  Speaker of the House of Representatives shall not be required.
 1441         Section 26. Subsection (6) of section 163.3178, Florida
 1442  Statutes, is amended to read:
 1443         163.3178 Coastal management.—
 1444         (6) Local governments are encouraged to adopt countywide
 1445  marina siting plans to designate sites for existing and future
 1446  marinas. The Coastal Resources Interagency Management Committee,
 1447  at the direction of the Legislature, shall identify incentives
 1448  to encourage local governments to adopt such siting plans and
 1449  uniform criteria and standards to be used by local governments
 1450  to implement state goals, objectives, and policies relating to
 1451  marina siting. These criteria must ensure that priority is given
 1452  to water-dependent land uses. The Coastal Resources Interagency
 1453  Management Committee shall submit its recommendations regarding
 1454  local government incentives to the Legislature by December 1,
 1455  1993. Countywide marina siting plans must be consistent with
 1456  state and regional environmental planning policies and
 1457  standards. Each local government in the coastal area which
 1458  participates in the adoption of a countywide marina siting plan
 1459  shall incorporate the plan into the coastal management element
 1460  of its local comprehensive plan.
 1461         Section 27. Subsection (12) of section 163.519, Florida
 1462  Statutes, is repealed.
 1463         Section 28. Subsection (9) of section 186.007, Florida
 1464  Statutes, is repealed.
 1465         Section 29. Subsection (5) of section 189.4035, Florida
 1466  Statutes, is amended to read:
 1467         189.4035 Preparation of official list of special
 1468  districts.—
 1469         (5) The official list of special districts shall be
 1470  available on the department's website distributed by the
 1471  department on October 1 of each year to the President of the
 1472  Senate, the Speaker of the House of Representatives, the Auditor
 1473  General, the Department of Revenue, the Department of Financial
 1474  Services, the Department of Management Services, the State Board
 1475  of Administration, counties, municipalities, county property
 1476  appraisers, tax collectors, and supervisors of elections and to
 1477  all interested parties who request the list.
 1478         Section 30. Subsection (2) of section 189.412, Florida
 1479  Statutes, is amended to read:
 1480         189.412 Special District Information Program; duties and
 1481  responsibilities.—The Special District Information Program of
 1482  the Department of Community Affairs is created and has the
 1483  following special duties:
 1484         (2) The maintenance of a master list of independent and
 1485  dependent special districts which shall be available on the
 1486  department's website annually updated and distributed to the
 1487  appropriate officials in state and local governments.
 1488         Section 31. Subsection (2) of section 194.034, Florida
 1489  Statutes, is amended to read:
 1490         194.034 Hearing procedures; rules.—
 1491         (2) If In each case, Except when a complaint is withdrawn
 1492  by the petitioner or is acknowledged as correct by the property
 1493  appraiser, the value adjustment board shall render a written
 1494  decision in each case. All such decisions shall be issued within
 1495  20 calendar days after of the last day the board is in session
 1496  under s. 194.032. The decision of the board must shall contain
 1497  findings of fact and conclusions of law and must shall include
 1498  reasons for upholding or overturning the determination of the
 1499  property appraiser. If When a special magistrate has been
 1500  appointed, the recommendations of the special magistrate shall
 1501  be considered by the board. The clerk, Upon issuance of the
 1502  board's decision decisions, the clerk shall, on a form provided
 1503  by the Department of Revenue, notify by first-class mail each
 1504  taxpayer and, the property appraiser, and the department of the
 1505  decision of the board.
 1506         Section 32. Paragraph (b) of subsection (1) of section
 1507  206.606, Florida Statutes, is amended to read:
 1508         206.606 Distribution of certain proceeds.—
 1509         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
 1510  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
 1511  Fund. Such moneys, after deducting the service charges imposed
 1512  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
 1513  administrative costs incurred by the department in collecting,
 1514  administering, enforcing, and distributing the tax, which
 1515  administrative costs may not exceed 2 percent of collections,
 1516  shall be distributed monthly to the State Transportation Trust
 1517  Fund, except that:
 1518         (b) Annually, $2.5 million shall be transferred to the
 1519  State Game Trust Fund in the Fish and Wildlife Conservation
 1520  Commission in each fiscal year and used for recreational boating
 1521  activities, and freshwater fisheries management and research.
 1522  The transfers must be made in equal monthly amounts beginning on
 1523  July 1 of each fiscal year. The commission shall annually
 1524  determine where unmet needs exist for boating-related
 1525  activities, and may fund such activities in counties where, due
 1526  to the number of vessel registrations, sufficient financial
 1527  resources are unavailable.
 1528         1. A minimum of $1.25 million shall be used to fund local
 1529  projects to provide recreational channel marking and other
 1530  uniform waterway markers, public boat ramps, lifts, and hoists,
 1531  marine railways, and other public launching facilities, derelict
 1532  vessel removal, and other local boating-related activities. In
 1533  funding the projects, the commission shall give priority
 1534  consideration to as follows:
 1535         a. Unmet needs in counties having with populations of
 1536  100,000 or fewer less.
 1537         b. Unmet needs in coastal counties having with a high level
 1538  of boating-related activities from individuals residing in other
 1539  counties.
 1540         2. The remaining $1.25 million may be used for recreational
 1541  boating activities and freshwater fisheries management and
 1542  research.
 1543         3. The commission may is authorized to adopt rules pursuant
 1544  to ss. 120.536(1) and 120.54 to administer implement a Florida
 1545  Boating Improvement Program.
 1546  
 1547  On February 1 of each year, The commission shall prepare and
 1548  make available on its Internet website file an annual report
 1549  with the President of the Senate and the Speaker of the House of
 1550  Representatives outlining the status of its Florida Boating
 1551  Improvement Program, including the projects funded, and a list
 1552  of counties whose needs are unmet due to insufficient financial
 1553  resources from vessel registration fees.
 1554         Section 33. Paragraph (b) of subsection (4) of section
 1555  212.054, Florida Statutes, is amended to read:
 1556         212.054 Discretionary sales surtax; limitations,
 1557  administration, and collection.—
 1558         (4)
 1559         (b) The proceeds of a discretionary sales surtax collected
 1560  by the selling dealer located in a county imposing which imposes
 1561  the surtax shall be returned, less the cost of administration,
 1562  to the county where the selling dealer is located. The proceeds
 1563  shall be transferred to the Discretionary Sales Surtax Clearing
 1564  Trust Fund. A separate account shall be established in the such
 1565  trust fund for each county imposing a discretionary surtax. The
 1566  amount deducted for the costs of administration may shall not
 1567  exceed 3 percent of the total revenue generated for all counties
 1568  levying a surtax authorized in s. 212.055. The amount deducted
 1569  for the costs of administration may shall be used only for those
 1570  costs that which are solely and directly attributable to the
 1571  surtax. The total cost of administration shall be prorated among
 1572  those counties levying the surtax on the basis of the amount
 1573  collected for a particular county to the total amount collected
 1574  for all counties. No later than March 1 of each year, the
 1575  department shall submit a written report which details the
 1576  expenses and amounts deducted for the costs of administration to
 1577  the President of the Senate, the Speaker of the House of
 1578  Representatives, and the governing authority of each county
 1579  levying a surtax. The department shall distribute the moneys in
 1580  the trust fund each month to the appropriate counties each
 1581  month, unless otherwise provided in s. 212.055.
 1582         Section 34. Paragraph (j) of subsection (5) of section
 1583  212.08, Florida Statutes, is amended to read:
 1584         212.08 Sales, rental, use, consumption, distribution, and
 1585  storage tax; specified exemptions.—The sale at retail, the
 1586  rental, the use, the consumption, the distribution, and the
 1587  storage to be used or consumed in this state of the following
 1588  are hereby specifically exempt from the tax imposed by this
 1589  chapter.
 1590         (5) EXEMPTIONS; ACCOUNT OF USE.—
 1591         (j) Machinery and equipment used in semiconductor, defense,
 1592  or space technology production.—
 1593         1.a. Industrial machinery and equipment used in
 1594  semiconductor technology facilities certified under subparagraph
 1595  5. to manufacture, process, compound, or produce semiconductor
 1596  technology products for sale or for use by these facilities are
 1597  exempt from the tax imposed by this chapter. For purposes of
 1598  this paragraph, industrial machinery and equipment includes
 1599  molds, dies, machine tooling, other appurtenances or accessories
 1600  to machinery and equipment, testing equipment, test beds,
 1601  computers, and software, whether purchased or self-fabricated,
 1602  and, if self-fabricated, includes materials and labor for
 1603  design, fabrication, and assembly.
 1604         b. Industrial machinery and equipment used in defense or
 1605  space technology facilities certified under subparagraph 5. to
 1606  design, manufacture, assemble, process, compound, or produce
 1607  defense technology products or space technology products for
 1608  sale or for use by these facilities are exempt from the tax
 1609  imposed by this chapter.
 1610         2. Building materials purchased for use in manufacturing or
 1611  expanding clean rooms in semiconductor-manufacturing facilities
 1612  are exempt from the tax imposed by this chapter.
 1613         3. In addition to meeting the criteria mandated by
 1614  subparagraph 1. or subparagraph 2., a business must be certified
 1615  by the Office of Tourism, Trade, and Economic Development as
 1616  authorized in this paragraph in order to qualify for exemption
 1617  under this paragraph.
 1618         4. For items purchased tax-exempt pursuant to this
 1619  paragraph, possession of a written certification from the
 1620  purchaser, certifying the purchaser's entitlement to the
 1621  exemption pursuant to this paragraph, relieves the seller of the
 1622  responsibility of collecting the tax on the sale of such items,
 1623  and the department shall look solely to the purchaser for
 1624  recovery of the tax if it determines that the purchaser was not
 1625  entitled to the exemption.
 1626         5.a. To be eligible to receive the exemption provided by
 1627  subparagraph 1. or subparagraph 2., a qualifying business entity
 1628  shall apply initially apply to Enterprise Florida, Inc. The
 1629  original certification is shall be valid for a period of 2
 1630  years. In lieu of submitting a new application, the original
 1631  certification may be renewed biennially by submitting to the
 1632  Office of Tourism, Trade, and Economic Development a statement,
 1633  certified under oath, that there has been no material change in
 1634  the conditions or circumstances entitling the business entity to
 1635  the original certification. The initial application and the
 1636  certification renewal statement shall be developed by the Office
 1637  of Tourism, Trade, and Economic Development in consultation with
 1638  Enterprise Florida, Inc.
 1639         b. Enterprise Florida, Inc., shall review each submitted
 1640  initial application and information and determine whether or not
 1641  the application is complete within 5 working days. Once an
 1642  application is complete, Enterprise Florida, Inc., shall, within
 1643  10 working days, evaluate the application and recommend approval
 1644  or disapproval of the application to the Office of Tourism,
 1645  Trade, and Economic Development.
 1646         c. Upon receipt of the initial application and
 1647  recommendation from Enterprise Florida, Inc., or upon receipt of
 1648  a certification renewal statement, the Office of Tourism, Trade,
 1649  and Economic Development shall certify within 5 working days
 1650  those applicants who are found to meet the requirements of this
 1651  section and notify the applicant, Enterprise Florida, Inc., and
 1652  the department of the original certification or certification
 1653  renewal. If the Office of Tourism, Trade, and Economic
 1654  Development finds that the applicant does not meet the
 1655  requirements of this section, it shall notify the applicant and
 1656  Enterprise Florida, Inc., within 10 working days that the
 1657  application for certification has been denied and the reasons
 1658  for denial. The Office of Tourism, Trade, and Economic
 1659  Development has final approval authority for certification under
 1660  this section.
 1661         d. The initial application and certification renewal
 1662  statement must indicate, for program evaluation purposes only,
 1663  the average number of full-time equivalent employees at the
 1664  facility over the preceding calendar year, the average wage and
 1665  benefits paid to those employees over the preceding calendar
 1666  year, the total investment made in real and tangible personal
 1667  property over the preceding calendar year, and the total value
 1668  of tax-exempt purchases and taxes exempted during the previous
 1669  year. The department shall assist the Office of Tourism, Trade,
 1670  and Economic Development in evaluating and verifying information
 1671  provided in the application for exemption.
 1672         e. The Office of Tourism, Trade, and Economic Development
 1673  may use the information reported on the initial application and
 1674  certification renewal statement for evaluation purposes only and
 1675  shall prepare an annual report on the exemption program and its
 1676  cost and impact. The annual report for the preceding fiscal year
 1677  shall be submitted to the Governor, the President of the Senate,
 1678  and the Speaker of the House of Representatives by September 30
 1679  of each fiscal year.
 1680         6. A business certified to receive this exemption may elect
 1681  to designate one or more state universities or community
 1682  colleges as recipients of up to 100 percent of the amount of the
 1683  exemption for which they may qualify. To receive these funds,
 1684  the institution must agree to match the funds so earned with
 1685  equivalent cash, programs, services, or other in-kind support on
 1686  a one-to-one basis for in the pursuit of research and
 1687  development projects as requested by the certified business. The
 1688  rights to any patents, royalties, or real or intellectual
 1689  property must be vested in the business unless otherwise agreed
 1690  to by the business and the university or community college.
 1691         7. As used in this paragraph, the term:
 1692         a. “Semiconductor technology products” means raw
 1693  semiconductor wafers or semiconductor thin films that are
 1694  transformed into semiconductor memory or logic wafers, including
 1695  wafers containing mixed memory and logic circuits; related
 1696  assembly and test operations; active-matrix flat panel displays;
 1697  semiconductor chips; semiconductor lasers; optoelectronic
 1698  elements; and related semiconductor technology products as
 1699  determined by the Office of Tourism, Trade, and Economic
 1700  Development.
 1701         b. “Clean rooms” means manufacturing facilities enclosed in
 1702  a manner that meets the clean manufacturing requirements
 1703  necessary for high-technology semiconductor-manufacturing
 1704  environments.
 1705         c. “Defense technology products” means products that have a
 1706  military application, including, but not limited to, weapons,
 1707  weapons systems, guidance systems, surveillance systems,
 1708  communications or information systems, munitions, aircraft,
 1709  vessels, or boats, or components thereof, which are intended for
 1710  military use and manufactured in performance of a contract with
 1711  the United States Department of Defense or the military branch
 1712  of a recognized foreign government or a subcontract thereunder
 1713  which relates to matters of national defense.
 1714         d. “Space technology products” means products that are
 1715  specifically designed or manufactured for application in space
 1716  activities, including, but not limited to, space launch
 1717  vehicles, space flight vehicles, missiles, satellites or
 1718  research payloads, avionics, and associated control systems and
 1719  processing systems and components of any of the foregoing. The
 1720  term does not include products that are designed or manufactured
 1721  for general commercial aviation or other uses even though those
 1722  products may also serve an incidental use in space applications.
 1723         Section 35. Section 213.0452, Florida Statutes, is
 1724  repealed.
 1725         Section 36. Section 213.054, Florida Statutes, is repealed.
 1726         Section 37. Subsection (3) of section 215.70, Florida
 1727  Statutes, is amended to read:
 1728         215.70 State Board of Administration to act in case of
 1729  defaults.—
 1730         (3) It shall be the duty of The State Board of
 1731  Administration shall to monitor the debt service accounts for
 1732  bonds issued pursuant to this act. The board shall advise the
 1733  Governor and Legislature of any projected need to appropriate
 1734  funds to honor the pledge of full faith and credit of the state.
 1735  The report must shall include the estimated amount of
 1736  appropriations needed, the estimated maximum amount of
 1737  appropriations needed, and a contingency appropriation request
 1738  for each bond issue.
 1739         Section 38. Paragraph (z) of subsection (1) of section
 1740  216.011, Florida Statutes, is amended to read:
 1741         216.011 Definitions.—
 1742         (1) For the purpose of fiscal affairs of the state,
 1743  appropriations acts, legislative budgets, and approved budgets,
 1744  each of the following terms has the meaning indicated:
 1745         (z) “Long-range program plan” means a plan developed
 1746  pursuant to s. 216.013 on an annual basis by each state agency
 1747  that is policy based, priority driven, accountable, and
 1748  developed through careful examination and justification of all
 1749  programs and their associated costs. Each plan is developed by
 1750  examining the needs of agency customers and clients and
 1751  proposing programs and associated costs to address those needs
 1752  based on state priorities as established by law, the agency
 1753  mission, and legislative authorization. The plan provides the
 1754  framework and context for preparing the legislative budget
 1755  request and includes performance indicators for evaluating the
 1756  impact of programs and agency performance.
 1757         Section 39. Section 216.103, Florida Statutes, is repealed.
 1758         Section 40. Section 216.172, Florida Statutes, is repealed.
 1759         Section 41. Paragraph (c) of subsection (10) of section
 1760  216.181, Florida Statutes, is repealed.
 1761         Section 42. Subsection (5) of section 252.55, Florida
 1762  Statutes, is amended to read:
 1763         252.55 Civil Air Patrol, Florida Wing.—
 1764         (5) The wing commander of the Florida Wing of the Civil Air
 1765  Patrol shall biennially furnish the Bureau of Emergency
 1766  Management a 2-year an annual projection of the goals and
 1767  objectives of the Civil Air Patrol which shall for the following
 1768  year. These will be reported to the Governor in the division's
 1769  biennial annual report submitted pursuant to s. 252.35 of the
 1770  division on February 1 of each year.
 1771         Section 43. Subsection (1) of section 253.7825, Florida
 1772  Statutes, is amended to read:
 1773         253.7825 Recreational uses.—
 1774         (1) The Cross Florida Greenways State Recreation and
 1775  Conservation Area must be managed as a multiple-use area
 1776  pursuant to s. 253.034(2)(a), and as further provided in this
 1777  section herein. The University of Florida Management Plan
 1778  provides a conceptual recreational plan that may ultimately be
 1779  developed at various locations throughout the greenways
 1780  corridor. The plan proposes to locate a number of the larger,
 1781  more comprehensive and complex recreational facilities in
 1782  sensitive, natural resource areas. Future site-specific studies
 1783  and investigations must be conducted by the department to
 1784  determine compatibility with, and potential for adverse impact
 1785  to, existing natural resources, need for the facility, the
 1786  availability of other alternative locations with reduced adverse
 1787  impacts to existing natural resources, and the proper specific
 1788  sites and locations for the more comprehensive and complex
 1789  facilities. Furthermore, it is appropriate, with the approval of
 1790  the department, to allow more fishing docks, boat launches, and
 1791  other user-oriented facilities to be developed and maintained by
 1792  local governments.
 1793         Section 44. Section 253.7826, Florida Statutes, is
 1794  repealed.
 1795         Section 45. Section 253.7829, Florida Statutes, is
 1796  repealed.
 1797         Section 46. Subsection (4) of section 259.037, Florida
 1798  Statutes, is amended to read:
 1799         259.037 Land Management Uniform Accounting Council.—
 1800         (4) The council shall provide a report of the agencies'
 1801  expenditures pursuant to the adopted categories to the President
 1802  of the Senate and the Speaker of the House of Representatives
 1803  annually, beginning July 1, 2001. The council shall also provide
 1804  this report to the Acquisition and Restoration Council and the
 1805  division for inclusion in its annual report required pursuant to
 1806  s. 259.036.
 1807         Section 47. Subsection (4) of section 267.074, Florida
 1808  Statutes, is repealed.
 1809         Section 48. Section 272.121, Florida Statutes, is repealed.
 1810         Section 49. Subsection (3) of section 284.50, Florida
 1811  Statutes, is repealed.
 1812         Section 50. Subsection (11) of section 287.045, Florida
 1813  Statutes, is repealed.
 1814         Section 51. Subsection (15) of section 287.059, Florida
 1815  Statutes, is amended to read:
 1816         287.059 Private attorney services.—
 1817         (15) The Attorney General's office may, by rule, adopt
 1818  standard fee schedules for court reporting services for each
 1819  judicial circuit by rule, in consultation with the Florida Court
 1820  Reporters Association. Agencies, When contracting for court
 1821  reporting services, an agency shall must use the standard fee
 1822  schedule for court reporting services established pursuant to
 1823  this section unless a, provided no state contract is not
 1824  applicable or unless the head of the agency or his or her
 1825  designee waives use of the schedule and sets forth the reasons
 1826  for deviating from the schedule in writing to the Attorney
 1827  General. The Such waiver must demonstrate necessity based upon
 1828  criteria for deviation from the schedule which the Attorney
 1829  General shall establish by rule. Any proposed fee schedule under
 1830  this section shall be submitted to the Governor, the Speaker of
 1831  the House of Representatives, the President of the Senate, and
 1832  the Chief Justice of the Florida Supreme Court at least 60 days
 1833  prior to publication of the notice to adopt the rule.
 1834         Section 52. Subsection (10) of section 287.16, Florida
 1835  Statutes, is repealed.
 1836         Section 53. Subsection (7) of section 288.108, Florida
 1837  Statutes, is repealed.
 1838         Section 54. Section 288.1185, Florida Statutes, is
 1839  repealed.
 1840         Section 55. Subsection (6) of section 288.1226, Florida
 1841  Statutes, is amended to read:
 1842         288.1226 Florida Tourism Industry Marketing Corporation;
 1843  use of property; board of directors; duties; audit.—
 1844         (6) ANNUAL AUDIT.—The corporation shall provide for an
 1845  annual financial audit in accordance with s. 215.981. The annual
 1846  audit report shall be submitted to the Auditor General; the
 1847  Office of Policy Analysis and Government Accountability; and the
 1848  Office of Tourism, Trade, and Economic Development for review.
 1849  The Office of Program Policy Analysis and Government
 1850  Accountability; the Office of Tourism, Trade, and Economic
 1851  Development; and the Auditor General may have the authority to
 1852  require and receive from the corporation or from its independent
 1853  auditor any detail or supplemental data relative to the
 1854  operation of the corporation. The Office of Tourism, Trade, and
 1855  Economic Development shall annually certify whether the
 1856  corporation is operating in a manner and achieving the
 1857  objectives that are consistent with the policies and goals of
 1858  the commission and its long-range marketing plan. The identity
 1859  of a donor or prospective donor to the corporation who desires
 1860  to remain anonymous and all information identifying such donor
 1861  or prospective donor are confidential and exempt from the
 1862  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1863  Constitution. Such anonymity shall be maintained in the
 1864  auditor's report.
 1865         Section 56. Paragraph (e) of subsection (8) of section
 1866  288.1229, Florida Statutes, is amended to read:
 1867         288.1229 Promotion and development of sports-related
 1868  industries and amateur athletics; direct-support organization;
 1869  powers and duties.—
 1870         (8) To promote amateur sports and physical fitness, the
 1871  direct-support organization shall:
 1872         (e) Promote Florida as a host for national and
 1873  international amateur athletic competitions. As part of this
 1874  effort, the direct-support organization shall:
 1875         1. Assist and support Florida cities or communities bidding
 1876  or seeking to host the Summer Olympics or Pan American Games.
 1877         2. Annually report to the Governor, the President of the
 1878  Senate, and the Speaker of the House of Representatives on the
 1879  status of the efforts of cities or communities bidding to host
 1880  the Summer Olympics or Pan American Games, including, but not
 1881  limited to, current financial and infrastructure status,
 1882  projected financial and infrastructure needs, and
 1883  recommendations for satisfying the unmet needs and fulfilling
 1884  the requirements for a successful bid in any year that the
 1885  Summer Olympics or Pan American Games are held in this state.
 1886         Section 57. Subsection (4) of section 288.7015, Florida
 1887  Statutes, is repealed.
 1888         Section 58. Section 288.7771, Florida Statutes, is amended
 1889  to read:
 1890         288.7771 Annual report of Florida Export Finance
 1891  Corporation.—By March 31 of each year, The corporation shall
 1892  annually prepare and submit to Enterprise Florida, Inc., for
 1893  inclusion in its annual report required by s. 288.095 the
 1894  Governor, the President of the Senate, the Speaker of the House
 1895  of Representatives, the Senate Minority Leader, and the House
 1896  Minority Leader a complete and detailed report setting forth:
 1897         (1) The report required in s. 288.776(3).
 1898         (2) Its assets and liabilities at the end of its most
 1899  recent fiscal year.
 1900         Section 59. Subsections (8), (10), and (11) of section
 1901  288.8175, Florida Statutes, are repealed.
 1902         Section 60. Subsection (5) of section 288.853, Florida
 1903  Statutes, is repealed.
 1904         Section 61. Subsection (5) of section 288.95155, Florida
 1905  Statutes, is amended to read:
 1906         288.95155 Florida Small Business Technology Growth
 1907  Program.—
 1908         (5) By January 1 of each year, Enterprise Florida, Inc.,
 1909  shall prepare and include in its annual report required by s.
 1910  288.095 a report on the financial status of the program and the
 1911  account and shall submit a copy of the report to the board of
 1912  directors of Enterprise Florida, Inc., the appropriate
 1913  legislative committees responsible for economic development
 1914  oversight, and the appropriate legislative appropriations
 1915  subcommittees. The report must shall specify the assets and
 1916  liabilities of the account within the current fiscal year and
 1917  must shall include a portfolio update that lists all of the
 1918  businesses assisted, the private dollars leveraged by each
 1919  business assisted, and the growth in sales and in employment of
 1920  each business assisted.
 1921         Section 62. Paragraph (c) of subsection (4) of section
 1922  288.9604, Florida Statutes, is amended to read:
 1923         288.9604 Creation of the authority.—
 1924         (4)
 1925         (c) The directors of the corporation shall annually elect
 1926  one of their members as chair and one as vice chair. The
 1927  corporation may employ a president, technical experts, and such
 1928  other agents and employees, permanent and temporary, as it
 1929  requires and determine their qualifications, duties, and
 1930  compensation. For such legal services as it requires, the
 1931  corporation may employ or retain its own counsel and legal
 1932  staff. The corporation shall file with the governing body of
 1933  each public agency with which it has entered into an interlocal
 1934  agreement and with the Governor, the Speaker of the House of
 1935  Representatives, the President of the Senate, the Minority
 1936  Leaders of the Senate and House of Representatives, and the
 1937  Auditor General, on or before 90 days after the close of the
 1938  fiscal year of the corporation, a report of its activities for
 1939  the preceding fiscal year, which report shall include a complete
 1940  financial statement setting forth its assets, liabilities,
 1941  income, and operating expenses as of the end of such fiscal
 1942  year.
 1943         Section 63. Section 288.9610, Florida Statutes, is amended
 1944  to read:
 1945         288.9610 Annual reports of Florida Development Finance
 1946  Corporation.—On or before 90 days after the close of By December
 1947  1 of each year, the Florida Development Finance Corporation's
 1948  fiscal year, the corporation shall submit to the Governor, the
 1949  Legislature President of the Senate, the Speaker of the House of
 1950  Representatives, the Senate Minority Leader, the House Minority
 1951  Leader, the Auditor General, and the governing body of each
 1952  public entity with which it has entered into an interlocal
 1953  agreement city or county activating the Florida Development
 1954  Finance Corporation a complete and detailed report setting
 1955  forth:
 1956         (1) The results of any audit conducted pursuant to s. 11.45
 1957  evaluation required in s. 11.45(3)(j).
 1958         (2) The activities, operations, and accomplishments of the
 1959  Florida Development Finance Corporation, including the number of
 1960  businesses assisted by the corporation.
 1961         (3) Its assets, and liabilities, income, and operating
 1962  expenses at the end of its most recent fiscal year, including a
 1963  description of all of its outstanding revenue bonds.
 1964         Section 64. Subsection (6) of section 292.05, Florida
 1965  Statutes, is amended to read:
 1966         292.05 Duties of Department of Veterans' Affairs.—
 1967         (6) The department shall, by on December 31 of each year,
 1968  submit make an annual written report to the Governor, the
 1969  Cabinet, and the Legislature which describes:
 1970         (a)of the state, the Speaker of the House of
 1971  Representatives, and the President of the Senate, which report
 1972  shall show The expenses incurred in veteran service work in the
 1973  state; the number, nature, and kind of cases handled by the
 1974  department and by county and city veteran service officers of
 1975  the state; the amounts of benefits obtained for veterans; the
 1976  names and addresses of all certified veteran service officers,
 1977  including county and city veteran service officers. The report
 1978  must shall also describe the actions taken by the department in
 1979  implementing subsections (4), (5), and (7) and include shall
 1980  contain such other information and recommendations as may appear
 1981  to the department requires to be right and proper.
 1982         (b) The current status of the department's domiciliary and
 1983  nursing homes established pursuant to chapter 296, including all
 1984  receipts and expenditures, the condition of the homes, the
 1985  number of residents received and discharged during the preceding
 1986  year, occupancy rates, staffing, and any other information
 1987  necessary to provide an understanding of the management,
 1988  conduct, and operation of the homes.
 1989         Section 65. Section 296.16, Florida Statutes, is repealed.
 1990         Section 66. Section 296.39, Florida Statutes, is repealed.
 1991         Section 67. Paragraph (c) of subsection (12) of section
 1992  315.03, Florida Statutes, is repealed.
 1993         Section 68. Subsection (2) of section 319.324, Florida
 1994  Statutes, is amended to read:
 1995         319.324 Odometer fraud prevention and detection; funding.—
 1996         (2) Moneys deposited into the Highway Safety Operating
 1997  Trust Fund under this section shall be used to implement and
 1998  maintain efforts by the department to prevent and detect
 1999  odometer fraud, including the prompt investigation of alleged
 2000  instances of odometer mileage discrepancies reported by licensed
 2001  motor vehicle dealers, auctions, or purchasers of motor
 2002  vehicles. Such moneys shall also be used to fund an annual
 2003  report to the Legislature by the Department of Highway Safety
 2004  and Motor Vehicles, summarizing the department's investigations
 2005  and findings. In addition, moneys deposited into the fund may be
 2006  used by the department for general operations.
 2007         Section 69. Section 322.181, Florida Statutes, is repealed.
 2008         Section 70. Paragraph (c) of subsection (7) of section
 2009  322.251, Florida Statutes, is repealed.
 2010         Section 71. Subsection (10) of section 366.82, Florida
 2011  Statutes, is repealed.
 2012         Section 72. Section 373.0391, Florida Statutes, is amended
 2013  to read:
 2014         373.0391 Technical assistance to local governments.—
 2015         (1) The water management districts shall assist local
 2016  governments in the development and future revision of local
 2017  government comprehensive plan elements or public facilities
 2018  report as required by s. 189.415, related to water resource
 2019  issues.
 2020         (2) By July 1, 1991, each water management district shall
 2021  prepare and provide information and data to assist local
 2022  governments in the preparation and implementation of their local
 2023  government comprehensive plans or public facilities report as
 2024  required by s. 189.415, whichever is applicable. Such
 2025  information and data shall include, but not be limited to:
 2026         (a) All information and data required in a public
 2027  facilities report pursuant to s. 189.415.
 2028         (b) A description of regulations, programs, and schedules
 2029  implemented by the district.
 2030         (c) Identification of regulations, programs, and schedules
 2031  undertaken or proposed by the district to further the State
 2032  Comprehensive Plan.
 2033         (d) A description of surface water basins, including
 2034  regulatory jurisdictions, flood-prone areas, existing and
 2035  projected water quality in water management district operated
 2036  facilities, as well as surface water runoff characteristics and
 2037  topography regarding flood plains, wetlands, and recharge areas.
 2038         (e) A description of groundwater characteristics, including
 2039  existing and planned wellfield sites, existing and anticipated
 2040  cones of influence, highly productive groundwater areas, aquifer
 2041  recharge areas, deep well injection zones, contaminated areas,
 2042  an assessment of regional water resource needs and sources for
 2043  the next 20 years, and water quality.
 2044         (f) The identification of existing and potential water
 2045  management district land acquisitions.
 2046         (g) Information reflecting the minimum flows for surface
 2047  watercourses to avoid harm to water resources or the ecosystem
 2048  and information reflecting the minimum water levels for aquifers
 2049  to avoid harm to water resources or the ecosystem.
 2050         Section 73. Subsection (4) of section 373.046, Florida
 2051  Statutes, is amended to read:
 2052         373.046 Interagency agreements.—
 2053         (4) The Legislature recognizes and affirms the division of
 2054  responsibilities between the department and the water management
 2055  districts as set forth in ss. III. and X. of each of the
 2056  operating agreements codified as rules 17-101.040(12)(a)3., 4.,
 2057  and 5., Florida Administrative Code. Section IV.A.2.a. of each
 2058  operating agreement regarding individual permit oversight is
 2059  rescinded. The department is shall be responsible for permitting
 2060  those activities under part IV of this chapter which, because of
 2061  their complexity and magnitude, need to be economically and
 2062  efficiently evaluated at the state level, including, but not
 2063  limited to, mining, hazardous waste management facilities, and
 2064  solid waste management facilities that do not qualify for a
 2065  general permit under chapter 403. With regard to
 2066  postcertification information submittals for activities
 2067  authorized under chapters 341 and 403 siting act certifications,
 2068  the department, after consultation with the appropriate water
 2069  management district and other agencies having applicable
 2070  regulatory jurisdiction, shall determine be responsible for
 2071  determining the permittee's compliance with conditions of
 2072  certification which are were based upon the nonprocedural
 2073  requirements of part IV of this chapter. The Legislature
 2074  authorizes The water management districts and the department may
 2075  to modify the division of responsibilities referenced in this
 2076  section and enter into further interagency agreements by
 2077  rulemaking, including incorporation by reference, pursuant to
 2078  chapter 120, to provide for greater efficiency and to avoid
 2079  duplication in the administration of part IV of this chapter by
 2080  designating certain activities that which will be regulated by
 2081  either the water management districts or the department. In
 2082  developing such interagency agreements, the water management
 2083  districts and the department shall consider should take into
 2084  consideration the technical and fiscal ability of each water
 2085  management district to implement all or some of the provisions
 2086  of part IV of this chapter. This subsection does not rescind or
 2087  restrict Nothing herein rescinds or restricts the authority of
 2088  the districts to regulate silviculture and agriculture pursuant
 2089  to part IV of this chapter or s. 403.927. By December 10, 1993,
 2090  the secretary of the department shall submit a report to the
 2091  President of the Senate and the Speaker of the House of
 2092  Representatives regarding the efficiency of the procedures and
 2093  the division of responsibilities contemplated by this subsection
 2094  and regarding progress toward the execution of further
 2095  interagency agreements and the integration of permitting with
 2096  sovereignty lands approval. The report also will consider the
 2097  feasibility of improving the protection of the environment
 2098  through comprehensive criteria for protection of natural
 2099  systems.
 2100         Section 74. Subsection (14) of section 376.121, Florida
 2101  Statutes, is repealed.
 2102         Section 75. Section 376.17, Florida Statutes, is repealed.
 2103         Section 76. Subsection (5) of section 376.30713, Florida
 2104  Statutes, is repealed.
 2105         Section 77. Paragraph (f) of subsection (2) of section
 2106  377.703, Florida Statutes, is amended to read:
 2107         377.703 Additional functions of the Florida Energy and
 2108  Climate Commission.—
 2109         (2) FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.—The
 2110  commission shall perform the following functions consistent with
 2111  the development of a state energy policy:
 2112         (f) The commission shall submit an annual report to the
 2113  Governor and the Legislature reflecting its activities and
 2114  making recommendations of policies for improvement of the
 2115  state's response to energy supply and demand and its effect on
 2116  the health, safety, and welfare of the people of Florida. The
 2117  report must shall include a report from the Florida Public
 2118  Service Commission on electricity and natural gas and
 2119  information on energy conservation programs conducted and
 2120  underway in the past year and shall include recommendations for
 2121  energy conservation programs for the state, including, but not
 2122  limited to, the following factors:
 2123         1. Formulation of specific recommendations for improving
 2124  improvement in the efficiency of energy use utilization in
 2125  governmental, residential, commercial, industrial, and
 2126  transportation sectors.
 2127         2. Collection and dissemination of information relating to
 2128  energy conservation.
 2129         3. Development and conduct of educational and training
 2130  programs relating to energy conservation.
 2131         4. An analysis of the ways in which state agencies are
 2132  seeking to implement s. 377.601(2), the state energy policy, and
 2133  recommendations for better fulfilling this policy.
 2134         Section 78. Subsection (2) of section 379.2211, Florida
 2135  Statutes, is amended to read:
 2136         379.2211 Florida waterfowl permit revenues.—
 2137         (2) The intent of this section is to expand waterfowl
 2138  research and management and increase waterfowl populations in
 2139  the state without detracting from other programs. The commission
 2140  shall prepare and make available on its Internet website an
 2141  annual report documenting the use of funds generated under the
 2142  provisions of this section, to be submitted to the Governor, the
 2143  Speaker of the House of Representatives, and the President of
 2144  the Senate on or before September 1 of each year.
 2145         Section 79. Subsection (2) of section 379.2212, Florida
 2146  Statutes, is amended to read:
 2147         379.2212 Florida wild turkey permit revenues.—
 2148         (2) The intent of this section is to expand wild turkey
 2149  research and management and to increase wild turkey populations
 2150  in the state without detracting from other programs. The
 2151  commission shall prepare and make available on its Internet
 2152  website an annual report documenting the use of funds generated
 2153  under the provisions of this section, to be submitted to the
 2154  Governor, the Speaker of the House of Representatives, and the
 2155  President of the Senate on or before September 1 of each year.
 2156         Section 80. Subsection (8) of section 379.2523, Florida
 2157  Statutes, is repealed.
 2158         Section 81. Paragraph (a) of subsection (2) of section
 2159  380.06, Florida Statutes, is amended to read:
 2160         380.06 Developments of regional impact.—
 2161         (2) STATEWIDE GUIDELINES AND STANDARDS.—
 2162         (a) The state land planning agency shall recommend to the
 2163  Administration Commission specific statewide guidelines and
 2164  standards for adoption pursuant to this subsection. The
 2165  Administration Commission shall by rule adopt statewide
 2166  guidelines and standards to be used in determining whether
 2167  particular developments shall undergo development-of-regional
 2168  impact review. The statewide guidelines and standards previously
 2169  adopted by the Administration Commission and approved by the
 2170  Legislature shall remain in effect unless revised pursuant to
 2171  this section or superseded by other provisions of law. Revisions
 2172  to the present statewide guidelines and standards, after
 2173  adoption by the Administration Commission, shall be transmitted
 2174  on or before March 1 to the President of the Senate and the
 2175  Speaker of the House of Representatives for presentation at the
 2176  next regular session of the Legislature. Unless approved by law
 2177  by the Legislature, the revisions to the present guidelines and
 2178  standards shall not become effective.
 2179         Section 82. Subsection (3) of section 380.0677, Florida
 2180  Statutes, is repealed.
 2181         Section 83. Subsection (3) of section 381.0011, Florida
 2182  Statutes, is repealed.
 2183         Section 84. Section 381.0036, Florida Statutes, is
 2184  repealed.
 2185         Section 85. Section 381.731, Florida Statutes, is repealed.
 2186         Section 86. Section 381.795, Florida Statutes, is amended
 2187  to read:
 2188         381.795 Long-term community-based supports.—The department
 2189  shall, contingent upon specific appropriations for these
 2190  purposes, establish:
 2191         (1) Study the long-term needs for community-based supports
 2192  and services for individuals who have sustained traumatic brain
 2193  or spinal cord injuries. The purpose of this study is to prevent
 2194  inappropriate residential and institutional placement of these
 2195  individuals, and promote placement in the most cost effective
 2196  and least restrictive environment. Any placement recommendations
 2197  for these individuals shall ensure full utilization of and
 2198  collaboration with other state agencies, programs, and community
 2199  partners. This study shall be submitted to the Governor, the
 2200  President of the Senate, and the Speaker of the House of
 2201  Representatives not later than December 31, 2000.
 2202         (2) Based upon the results of this study, establish a plan
 2203  for the implementation of a program of long-term community-based
 2204  supports and services for individuals who have sustained
 2205  traumatic brain or spinal cord injuries and who may be subject
 2206  to inappropriate residential and institutional placement as a
 2207  direct result of such injuries.
 2208         (1)(a) The program shall be payor of last resort for
 2209  program services, and expenditures for such services shall be
 2210  considered funded services for purposes of s. 381.785; however,
 2211  notwithstanding s. 381.79(5), proceeds resulting from this
 2212  subsection shall be used solely for this program.
 2213         (2)(b) The department shall adopt create, by rule,
 2214  procedures to ensure, that if in the event the program is unable
 2215  to directly or indirectly provide such services to all eligible
 2216  individuals due to lack of funds, those individuals most at risk
 2217  of suffering to suffer the greatest harm from an imminent
 2218  inappropriate residential or institutional placement are served
 2219  first.
 2220         (3)(c) Every applicant or recipient of the long-term
 2221  community-based supports and services program must shall have
 2222  been a resident of the state for 1 year immediately preceding
 2223  application and be a resident of the state at the time of
 2224  application.
 2225         (4)(d) The department shall adopt rules pursuant to ss.
 2226  120.536(1) and 120.54 to administer implement the provision of
 2227  this section subsection.
 2228         Section 87. Section 381.931, Florida Statutes, is amended
 2229  to read:
 2230         381.931 Annual report on Medicaid expenditures.—The
 2231  Department of Health and the Agency for Health Care
 2232  Administration shall monitor the total Medicaid expenditures for
 2233  services made under this act. If Medicaid expenditures are
 2234  projected to exceed the amount appropriated by the Legislature,
 2235  the Department of Health shall limit the number of screenings to
 2236  ensure Medicaid expenditures do not exceed the amount
 2237  appropriated. The Department of Health, in cooperation with the
 2238  Agency for Health Care Administration, shall prepare an annual
 2239  report that must include the number of women screened; the
 2240  percentage of positive and negative outcomes; the number of
 2241  referrals to Medicaid and other providers for treatment
 2242  services; the estimated number of women who are not screened or
 2243  not served by Medicaid due to funding limitations, if any; the
 2244  cost of Medicaid treatment services; and the estimated cost of
 2245  treatment services for women who were not screened or referred
 2246  for treatment due to funding limitations. The report shall be
 2247  submitted to the President of the Senate, the Speaker of the
 2248  House of Representatives, and the Executive Office of the
 2249  Governor by March 1 of each year.
 2250         Section 88. Subsection (6) of section 383.19, Florida
 2251  Statutes, is amended to read:
 2252         383.19 Standards; funding; ineligibility.—
 2253         (6) Each hospital that which contracts with the department
 2254  to provide services under the terms of ss. 383.15-383.21 shall
 2255  prepare and submit to the department an annual report that
 2256  includes, but is not limited to, the number of clients served
 2257  and the costs of services in the center. The department shall
 2258  annually conduct a programmatic and financial evaluation of each
 2259  center.
 2260         Section 89. Section 383.21, Florida Statutes, is repealed.
 2261         Section 90. Section 383.2161, Florida Statutes, is amended
 2262  to read:
 2263         383.2161 Maternal and child health report.—The Department
 2264  of Health annually shall annually compile and analyze the risk
 2265  information collected by the Office of Vital Statistics and the
 2266  district prenatal and infant care coalitions and shall maintain
 2267  county and statewide data on prepare and submit to the
 2268  Legislature by January 2 a report that includes, but is not
 2269  limited to:
 2270         (1) The number of families identified as families at
 2271  potential risk;
 2272         (2) The number of families receiving that receive family
 2273  outreach services;
 2274         (3) The increase in demand for services; and
 2275         (4) The unmet need for services for identified target
 2276  groups.
 2277         Section 91. Subsection (4) of section 394.4573, Florida
 2278  Statutes, is repealed.
 2279         Section 92. Subsection (1) of section 394.4985, Florida
 2280  Statutes, is amended to read:
 2281         394.4985 Districtwide information and referral network;
 2282  implementation.—
 2283         (1) Each service district of the Department of Children and
 2284  Family Services shall develop a detailed implementation plan for
 2285  a districtwide comprehensive child and adolescent mental health
 2286  information and referral network to be operational by July 1,
 2287  1999. The plan must include an operating budget that
 2288  demonstrates cost efficiencies and identifies funding sources
 2289  for the district information and referral network. The plan must
 2290  be submitted by the department to the Legislature by October 1,
 2291  1998. The district shall use existing district information and
 2292  referral providers if, in the development of the plan, it is
 2293  concluded that these providers would deliver information and
 2294  referral services in a more efficient and effective manner when
 2295  compared to other alternatives. The district information and
 2296  referral network must include:
 2297         (a) A resource file that contains information about the
 2298  child and adolescent mental health services as described in s.
 2299  394.495, including, but not limited to:
 2300         1. Type of program;
 2301         2. Hours of service;
 2302         3. Ages of persons served;
 2303         4. Program description;
 2304         5. Eligibility requirements; and
 2305         6. Fees.
 2306         (b) Information about private providers and professionals
 2307  in the community who which serve children and adolescents with
 2308  an emotional disturbance.
 2309         (c) A system to document requests for services which that
 2310  are received through the network referral process, including,
 2311  but not limited to:
 2312         1. Number of calls by type of service requested;
 2313         2. Ages of the children and adolescents for whom services
 2314  are requested; and
 2315         3. Type of referral made by the network.
 2316         (d) The ability to share client information with the
 2317  appropriate community agencies.
 2318         (e) The submission of an annual report to the department,
 2319  the Agency for Health Care Administration, and appropriate local
 2320  government entities, which contains information about the
 2321  sources and frequency of requests for information, types and
 2322  frequency of services requested, and types and frequency of
 2323  referrals made.
 2324         Section 93. Section 394.75, Florida Statutes, is amended to
 2325  read:
 2326         394.75 State and district substance abuse and mental health
 2327  plans.—
 2328         (1)(a) Every 3 years, beginning in 2001, The department, in
 2329  consultation with the Medicaid program in the Agency for Health
 2330  Care Administration and the Florida Substance Abuse and Mental
 2331  Health Corporation, shall prepare a state master plan for the
 2332  delivery and financing of a system of publicly funded,
 2333  community-based substance abuse and mental health services
 2334  throughout the state. The state plan must include:
 2335         (b) The initial plan must include an assessment of the
 2336  clinical practice guidelines and standards for community-based
 2337  mental health and substance abuse services delivered by persons
 2338  or agencies under contract with the Department of Children and
 2339  Family Services. The assessment must include an inventory of
 2340  current clinical guidelines and standards used by persons and
 2341  agencies under contract with the department, and by nationally
 2342  recognized accreditation organizations, to address the quality
 2343  of care and must specify additional clinical practice standards
 2344  and guidelines for new or existing services and programs.
 2345         (a)(c)Proposed The plan must propose changes in department
 2346  policy or statutory revisions to strengthen the quality of
 2347  mental health and substance abuse treatment and support
 2348  services.
 2349         (b)(d)The plan must identify Strategies for meeting the
 2350  treatment and support needs of children, adolescents, adults,
 2351  and older adults who have, or are at risk of having, mental,
 2352  emotional, or substance abuse problems as defined in this
 2353  chapter or chapter 397.
 2354         (c)(e)The plan must include Input from persons who
 2355  represent local communities; local government entities that
 2356  contribute funds to the local substance abuse and mental health
 2357  treatment systems; consumers of publicly funded substance abuse
 2358  and mental health services, and their families; and stakeholders
 2359  interested in mental health and substance abuse services. The
 2360  plan must describe the means by which this local input occurred.
 2361  The plan shall be updated annually.
 2362         (f) The plan must include statewide policies and planning
 2363  parameters that will be used by the health and human services
 2364  boards in preparing the district substance abuse and mental
 2365  health plans.
 2366         (g) The district plans shall be one component of the state
 2367  master plan.
 2368         (2) The state master plan shall also include:
 2369         (a) A proposal for the development of a data system that
 2370  will evaluate the effectiveness of programs and services
 2371  provided to clients of the substance abuse and mental health
 2372  service system.
 2373         (b) A proposal to resolve the funding discrepancies between
 2374  districts.
 2375         (d)(c) A methodology for the allocation of resources
 2376  available from federal, state, and local sources and a
 2377  description of the current level of funding available from each
 2378  source.
 2379         (e)(d) A description of the statewide priorities for
 2380  clients and services, and each district's priorities for clients
 2381  and services.
 2382         (e) Recommendations for methods of enhancing local
 2383  participation in the planning, organization, and financing of
 2384  substance abuse and mental health services.
 2385         (f) A description of the current methods of contracting for
 2386  services, an assessment of the efficiency of these methods in
 2387  providing accountability for contracted funds, and
 2388  recommendations for improvements to the system of contracting.
 2389         (f)(g) Recommendations for improving access to services by
 2390  clients and their families.
 2391         (h) Guidelines and formats for the development of district
 2392  plans.
 2393         (g)(i) Recommendations for future directions for the
 2394  substance abuse and mental health service delivery system.
 2395         (2) A schedule, format, and procedure for development, and
 2396  review, and update of the state master plan shall be adopted by
 2397  the department by June of each year. The plan and annual updates
 2398  shall must be submitted to the Governor and the Legislature
 2399  beginning February 10, 2010, and every 3rd year thereafter
 2400  President of the Senate and the Speaker of the House of
 2401  Representatives by January 1 of each year, beginning January 1,
 2402  2001.
 2403         (3) Each The district health and human services board shall
 2404  prepare an integrated district substance abuse and mental health
 2405  plan. The plan shall be prepared and updated on a schedule
 2406  established by the Assistant Secretary for Substance Abuse
 2407  Alcohol, Drug Abuse, and Mental Health Program Office. The plan
 2408  shall reflect the needs and program priorities established by
 2409  the department and the needs of the district established under
 2410  ss. 394.674 and 394.675. The district plan must list in order of
 2411  priority the mental health and the substance abuse treatment
 2412  needs of the district and must rank each program separately. The
 2413  plan shall include:
 2414         (a) A record of the total amount of money available in the
 2415  district for mental health and substance abuse services.
 2416         (b) A description of each service that will be purchased
 2417  with state funds.
 2418         (c) A record of the amount of money allocated for each
 2419  service identified in the plan as being purchased with state
 2420  funds.
 2421         (d) A record of the total funds allocated to each provider.
 2422         (e) A record of the total funds allocated to each provider
 2423  by type of service to be purchased with state funds.
 2424         (a)(f)Include input from community-based persons,
 2425  organizations, and agencies interested in substance abuse and
 2426  mental health treatment services; local government entities that
 2427  contribute funds to the public substance abuse and mental health
 2428  treatment systems; and consumers of publicly funded substance
 2429  abuse and mental health services, and their family members. The
 2430  plan must describe the means by which this local input occurred.
 2431  
 2432  The plan shall be submitted by the district board to the
 2433  district administrator and to the governing bodies for review,
 2434  comment, and approval.
 2435         (4) The district plan shall:
 2436         (a) Describe the publicly funded, community-based substance
 2437  abuse and mental health system of care, and identify statutorily
 2438  defined populations, their service needs, and the resources
 2439  available and required to meet their needs.
 2440         (b) Provide the means for meeting the needs of the
 2441  district's eligible clients, specified in ss. 394.674 and
 2442  394.675, for substance abuse and mental health services.
 2443         (b)(c) Provide a process for coordinating the delivery of
 2444  services within a community-based system of care to eligible
 2445  clients. The Such process must involve service providers,
 2446  clients, and other stakeholders. The process must also provide a
 2447  means by which providers will coordinate and cooperate to
 2448  strengthen linkages, achieve maximum integration of services,
 2449  foster efficiencies in service delivery and administration, and
 2450  designate responsibility for outcomes for eligible clients.
 2451         (c)(d) Provide a projection of district program and fiscal
 2452  needs for the next fiscal year, provide for the orderly and
 2453  economical development of needed services, and indicate
 2454  priorities and resources for each population served, performance
 2455  outcomes, and anticipated expenditures and revenues.
 2456         (e) Include a summary budget request for the total district
 2457  substance abuse and mental health program, which must include
 2458  the funding priorities established by the district planning
 2459  process.
 2460         (f) Provide a basis for the district legislative budget
 2461  request.
 2462         (g) Include a policy and procedure for allocation of funds.
 2463         (h) Include a procedure for securing local matching funds.
 2464  Such a procedure shall be developed in consultation with
 2465  governing bodies and service providers.
 2466         (d)(i) Provide for the integration of substance abuse and
 2467  mental health services with the other departmental programs and
 2468  with the criminal justice, juvenile justice, child protection,
 2469  school, and health care systems within the district.
 2470         (j) Provide a plan for the coordination of services in such
 2471  manner as to ensure effectiveness and avoid duplication,
 2472  fragmentation of services, and unnecessary expenditures.
 2473         (e)(k) Provide for continuity of client care between state
 2474  treatment facilities and community programs to ensure assure
 2475  that discharge planning results in the rapid application for all
 2476  benefits for which a client is eligible, including Medicaid
 2477  coverage for persons leaving state treatment facilities and
 2478  returning to community-based programs.
 2479         (l) Provide for the most appropriate and economical use of
 2480  all existing public and private agencies and personnel.
 2481         (m) Provide for the fullest possible and most appropriate
 2482  participation by existing programs; state hospitals and other
 2483  hospitals; city, county, and state health and family service
 2484  agencies; drug abuse and alcoholism programs; probation
 2485  departments; physicians; psychologists; social workers; marriage
 2486  and family therapists; mental health counselors; clinical social
 2487  workers; public health nurses; school systems; and all other
 2488  public and private agencies and personnel that are required to,
 2489  or may agree to, participate in the plan.
 2490         (n) Include an inventory of all public and private
 2491  substance abuse and mental health resources within the district,
 2492  including consumer advocacy groups and self-help groups known to
 2493  the department.
 2494         (4)(5) The district plan must shall address how substance
 2495  abuse and mental health services will be provided and how a
 2496  system of care for target populations will be provided given the
 2497  resources available in the service district. The plan must
 2498  include provisions for providing the most appropriate and
 2499  current evidence-based services in a variety of settings for
 2500  persons who have substance abuse disorders and mental illnesses
 2501  maximizing client access to the most recently developed
 2502  psychiatric medications approved by the United States Food and
 2503  Drug Administration, for developing independent housing units
 2504  through participation in the Section 811 program operated by the
 2505  United States Department of Housing and Urban Development, for
 2506  developing supported employment services through the Division of
 2507  Vocational Rehabilitation of the Department of Education, for
 2508  providing treatment services to persons with co-occurring mental
 2509  illness and substance abuse problems which are integrated across
 2510  treatment systems, and for providing services to adults who have
 2511  a serious mental illness, as defined in s. 394.67, and who
 2512  reside in assisted living facilities.
 2513         (6) The district plan shall provide the means by which the
 2514  needs of the population groups specified pursuant to s. 394.674
 2515  will be addressed in the district.
 2516         (7) In developing the district plan, optimum use shall be
 2517  made of any federal, state, and local funds that may be
 2518  available for substance abuse and mental health service
 2519  planning. However, the department must provide these services
 2520  within legislative appropriations.
 2521         (8) The district health and human services board shall
 2522  establish a subcommittee to prepare the portion of the district
 2523  plan relating to children and adolescents. The subcommittee
 2524  shall include representative membership of any committee
 2525  organized or established by the district to review placement of
 2526  children and adolescents in residential treatment programs. The
 2527  board shall establish a subcommittee to prepare the portion of
 2528  the district plan which relates to adult mental health and
 2529  substance abuse. The subcommittee must include representatives
 2530  from the community who have an interest in mental health and
 2531  substance abuse treatment for adults.
 2532         (5)(9) All departments of state government and all local
 2533  public agencies shall cooperate with officials to assist them in
 2534  service planning. Each district administrator shall, upon
 2535  request and the availability of staff, provide consultative
 2536  services to the local agency directors and governing bodies.
 2537         (10) The district administrator shall ensure that the
 2538  district plan:
 2539         (a) Conforms to the priorities in the state plan, the
 2540  requirements of this part, and the standards adopted under this
 2541  part;
 2542         (b) Ensures that the most effective and economical use will
 2543  be made of available public and private substance abuse and
 2544  mental health resources in the service district; and
 2545         (c) Has adequate provisions made for review and evaluation
 2546  of the services provided in the service district.
 2547         (11) The district administrator shall require such
 2548  modifications in the district plan as he or she deems necessary
 2549  to bring the plan into conformance with the provisions of this
 2550  part. If the district board and the district administrator
 2551  cannot agree on the plan, including the projected budget, the
 2552  issues under dispute shall be submitted directly to the
 2553  secretary of the department for immediate resolution.
 2554         (12) Each governing body that provides local funds has the
 2555  authority to require necessary modification to only that portion
 2556  of the district plan which affects substance abuse and mental
 2557  health programs and services within the jurisdiction of that
 2558  governing body.
 2559         (13) The district administrator shall report annually to
 2560  the district board the status of funding for priorities
 2561  established in the district plan. Each report must include:
 2562         (a) A description of the district plan priorities that were
 2563  included in the district legislative budget request.
 2564         (b) A description of the district plan priorities that were
 2565  included in the departmental budget request.
 2566         (c) A description of the programs and services included in
 2567  the district plan priorities that were appropriated funds by the
 2568  Legislature in the legislative session that preceded the report.
 2569         Section 94. Section 394.82, Florida Statutes, is repealed.
 2570         Section 95. Subsection (9) of section 394.9082, Florida
 2571  Statutes, is repealed.
 2572         Section 96. Section 394.9083, Florida Statutes, is
 2573  repealed.
 2574         Section 97. Paragraph (c) of subsection (2) of section
 2575  395.807, Florida Statutes, is repealed.
 2576         Section 98. Subsections (1) and (20) of section 397.321,
 2577  Florida Statutes, are repealed.
 2578         Section 99. Subsection (3) of section 397.332, Florida
 2579  Statutes, is repealed.
 2580         Section 100. Subsection (4) of section 397.333, Florida
 2581  Statutes, is amended to read:
 2582         397.333 Statewide Drug Policy Advisory Council.—
 2583         (4)(a) The chairperson of the advisory council shall
 2584  appoint workgroups that include members of state agencies that
 2585  are not represented on the advisory council and shall solicit
 2586  input and recommendations from those state agencies. In
 2587  addition, The chairperson may also appoint workgroups as
 2588  necessary from among the members of the advisory council in
 2589  order to efficiently address specific issues. A representative
 2590  of a state agency appointed to any workgroup shall be the head
 2591  of the agency, or his or her designee. The chairperson may
 2592  designate lead and contributing agencies within a workgroup.
 2593         (b) The advisory council shall submit a report to the
 2594  Governor, the President of the Senate, and the Speaker of the
 2595  House of Representatives by December 1 of each year which
 2596  contains a summary of the work of the council during that year
 2597  and the recommendations required under subsection (3). Interim
 2598  reports may be submitted at the discretion of the chairperson of
 2599  the advisory council.
 2600         Section 101. Subsection (1) of section 397.94, Florida
 2601  Statutes, is repealed.
 2602         Section 102. Subsection (2) of section 400.148, Florida
 2603  Statutes, is repealed.
 2604         Section 103. Paragraph (a) of subsection (2) of section
 2605  400.967, Florida Statutes, is amended to read:
 2606         400.967 Rules and classification of deficiencies.—
 2607         (2) Pursuant to the intention of the Legislature, the
 2608  agency, in consultation with the Agency for Persons with
 2609  Disabilities and the Department of Elderly Affairs, shall adopt
 2610  and enforce rules to administer this part and part II of chapter
 2611  408, which shall include reasonable and fair criteria governing:
 2612         (a) The location and construction of the facility;
 2613  including fire and life safety, plumbing, heating, cooling,
 2614  lighting, ventilation, and other housing conditions that will
 2615  ensure the health, safety, and comfort of residents. The agency
 2616  shall establish standards for facilities and equipment to
 2617  increase the extent to which new facilities and a new wing or
 2618  floor added to an existing facility after July 1, 2000, are
 2619  structurally capable of serving as shelters only for residents,
 2620  staff, and families of residents and staff, and equipped to be
 2621  self-supporting during and immediately following disasters. The
 2622  Agency for Health Care Administration shall work with facilities
 2623  licensed under this part and report to the Governor and the
 2624  Legislature by April 1, 2000, its recommendations for cost
 2625  effective renovation standards to be applied to existing
 2626  facilities. In making such rules, the agency shall be guided by
 2627  criteria recommended by nationally recognized, reputable
 2628  professional groups and associations having knowledge concerning
 2629  such subject matters. The agency shall update or revise the such
 2630  criteria as the need arises. All facilities must comply with
 2631  those lifesafety code requirements and building code standards
 2632  applicable at the time of approval of their construction plans.
 2633  The agency may require alterations to a building if it
 2634  determines that an existing condition constitutes a distinct
 2635  hazard to life, health, or safety. The agency shall adopt fair
 2636  and reasonable rules setting forth conditions under which
 2637  existing facilities undergoing additions, alterations,
 2638  conversions, renovations, or repairs are required to comply with
 2639  the most recent updated or revised standards.
 2640         Section 104. Subsection (3) of section 402.3016, Florida
 2641  Statutes, is repealed.
 2642         Section 105. Subsection (9) of section 402.40, Florida
 2643  Statutes, is repealed.
 2644         Section 106. Subsection (1) of section 403.4131, Florida
 2645  Statutes, is amended to read:
 2646         403.4131 Litter control.—
 2647         (1) The Department of Transportation shall establish an
 2648  “adopt-a-highway” program to allow local organizations to be
 2649  identified with specific highway cleanup and highway
 2650  beautification projects authorized under s. 339.2405. The
 2651  department shall report to the Governor and the Legislature on
 2652  the progress achieved and the savings incurred by the “adopt-a
 2653  highway” program. The department shall also monitor and report
 2654  on compliance with the provisions of the adopt-a-highway program
 2655  to ensure that organizations participating that participate in
 2656  the program comply with the goals identified by the department.
 2657         Section 107. Paragraph (a) of subsection (4) of section
 2658  406.02, Florida Statutes, is repealed.
 2659         Section 108. Paragraph (g) of subsection (1) of section
 2660  408.033, Florida Statutes, is amended to read:
 2661         408.033 Local and state health planning.—
 2662         (1) LOCAL HEALTH COUNCILS.—
 2663         (g) Each local health council may is authorized to accept
 2664  and receive, in furtherance of its health planning functions,
 2665  funds, grants, and services from governmental agencies and from
 2666  private or civic sources and to perform studies related to local
 2667  health planning in exchange for such funds, grants, or services.
 2668  Each local health council shall, no later than January 30 of
 2669  each year, render an accounting of the receipt and disbursement
 2670  of such funds received by it to the Department of Health. The
 2671  department shall consolidate all such reports and submit such
 2672  consolidated report to the Legislature no later than March 1 of
 2673  each year.
 2674         Section 109. Subsection (4) of section 408.914, Florida
 2675  Statutes, is repealed.
 2676         Section 110. Paragraph (i) of subsection (3) of section
 2677  408.915, Florida Statutes, is repealed.
 2678         Section 111. Section 408.917, Florida Statutes, is
 2679  repealed.
 2680         Section 112. Paragraph (b) of subsection (7) of section
 2681  409.1451, Florida Statutes, is amended to read:
 2682         409.1451 Independent living transition services.—
 2683         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
 2684  Secretary of Children and Family Services shall establish the
 2685  Independent Living Services Advisory Council for the purpose of
 2686  reviewing and making recommendations concerning the
 2687  implementation and operation of the independent living
 2688  transition services. This advisory council shall continue to
 2689  function as specified in this subsection until the Legislature
 2690  determines that the advisory council can no longer provide a
 2691  valuable contribution to the department's efforts to achieve the
 2692  goals of the independent living transition services.
 2693         (b) The advisory council shall report to the secretary
 2694  appropriate substantive committees of the Senate and the House
 2695  of Representatives on the status of the implementation of the
 2696  system of independent living transition services; efforts to
 2697  publicize the availability of aftercare support services, the
 2698  Road-to-Independence Program, and transitional support services;
 2699  the success of the services; problems identified;
 2700  recommendations for department or legislative action; and the
 2701  department's implementation of the recommendations contained in
 2702  the Independent Living Services Integration Workgroup Report
 2703  submitted to the appropriate Senate and the House substantive
 2704  committees of the Legislature by December 31, 2002. The
 2705  department shall submit a report by December 31 of each year to
 2706  the Governor and the Legislature This advisory council report
 2707  shall be submitted by December 31 of each year that the council
 2708  is in existence and shall be accompanied by a report from the
 2709  department which includes a summary of the factors reported on
 2710  by the council and identifies the recommendations of the
 2711  advisory council and either describes the department's actions
 2712  to implement the these recommendations or provides the
 2713  department's rationale for not implementing the recommendations.
 2714         Section 113. Section 409.146, Florida Statutes, is
 2715  repealed.
 2716         Section 114. Section 409.152, Florida Statutes, is
 2717  repealed.
 2718         Section 115. Subsections (1) and (2) of section 409.1679,
 2719  Florida Statutes, are repealed.
 2720         Section 116. Section 409.1685, Florida Statutes, is amended
 2721  to read:
 2722         409.1685 Children in foster care; annual report to
 2723  Legislature.—The Department of Children and Family Services
 2724  shall submit a written report to the Governor and substantive
 2725  committees of the Legislature concerning the status of children
 2726  in foster care and concerning the judicial review mandated by
 2727  part X of chapter 39. The This report shall be submitted by May
 2728  March 1 of each year and must shall include the following
 2729  information for the prior calendar year:
 2730         (1) The number of 6-month and annual judicial reviews
 2731  completed during that period.
 2732         (2) The number of children in foster care returned to a
 2733  parent, guardian, or relative as a result of a 6-month or annual
 2734  judicial review hearing during that period.
 2735         (3) The number of termination of parental rights
 2736  proceedings instituted during that period, including which shall
 2737  include:
 2738         (a) The number of termination of parental rights
 2739  proceedings initiated pursuant to former s. 39.703; and
 2740         (b) The total number of terminations of parental rights
 2741  ordered.
 2742         (4) The number of foster care children placed for adoption
 2743  during that period.
 2744         Section 117. Paragraph (k) of subsection (4) of section
 2745  409.221, Florida Statutes, is repealed.
 2746         Section 118. Paragraph (a) of subsection (3) of section
 2747  409.25575, Florida Statutes, is amended to read:
 2748         409.25575 Support enforcement; privatization.—
 2749         (3)(a) The department shall establish a quality assurance
 2750  program for the privatization of services. The quality assurance
 2751  program must include standards for each specific component of
 2752  these services. The department shall establish minimum
 2753  thresholds for each component. Each program operated pursuant to
 2754  contract must be evaluated annually by the department or by an
 2755  objective competent entity designated by the department under
 2756  the provisions of the quality assurance program. The evaluation
 2757  must be financed from cost savings associated with the
 2758  privatization of services. The department shall submit an annual
 2759  report regarding quality performance, outcome measure
 2760  attainment, and cost efficiency to the President of the Senate,
 2761  the Speaker of the House of Representatives, the Minority leader
 2762  of each house of the Legislature, and the Governor no later than
 2763  January 31 of each year, beginning in 1999. The quality
 2764  assurance program must be financed through administrative
 2765  savings generated by this act.
 2766         Section 119. Subsection (9) of section 409.2558, Florida
 2767  Statutes, is amended to read:
 2768         409.2558 Support distribution and disbursement.—
 2769         (9) RULEMAKING AUTHORITY.—The department may adopt rules to
 2770  administer this section. The department shall provide a draft of
 2771  the proposed concepts for the rule for the undistributable
 2772  collections to interested parties for review and recommendations
 2773  prior to full development of the rule and initiating the formal
 2774  rule-development process. The department shall consider but is
 2775  not required to implement the recommendations. The department
 2776  shall provide a report to the President of the Senate and the
 2777  Speaker of the House of Representatives containing the
 2778  recommendations received from interested parties and the
 2779  department's response regarding incorporating the
 2780  recommendations into the rule.
 2781         Section 120. Subsection (3) of section 409.441, Florida
 2782  Statutes, is repealed.
 2783         Section 121. Subsection (24) of section 409.906, Florida
 2784  Statutes, is amended to read:
 2785         409.906 Optional Medicaid services.—Subject to specific
 2786  appropriations, the agency may make payments for services which
 2787  are optional to the state under Title XIX of the Social Security
 2788  Act and are furnished by Medicaid providers to recipients who
 2789  are determined to be eligible on the dates on which the services
 2790  were provided. Any optional service that is provided shall be
 2791  provided only when medically necessary and in accordance with
 2792  state and federal law. Optional services rendered by providers
 2793  in mobile units to Medicaid recipients may be restricted or
 2794  prohibited by the agency. Nothing in this section shall be
 2795  construed to prevent or limit the agency from adjusting fees,
 2796  reimbursement rates, lengths of stay, number of visits, or
 2797  number of services, or making any other adjustments necessary to
 2798  comply with the availability of moneys and any limitations or
 2799  directions provided for in the General Appropriations Act or
 2800  chapter 216. If necessary to safeguard the state's systems of
 2801  providing services to elderly and disabled persons and subject
 2802  to the notice and review provisions of s. 216.177, the Governor
 2803  may direct the Agency for Health Care Administration to amend
 2804  the Medicaid state plan to delete the optional Medicaid service
 2805  known as “Intermediate Care Facilities for the Developmentally
 2806  Disabled.” Optional services may include:
 2807         (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
 2808  Health Care Administration, in consultation with the Department
 2809  of Children and Family Services, may establish a targeted case
 2810  management project in those counties identified by the
 2811  Department of Children and Family Services and for all counties
 2812  with a community-based child welfare project, as authorized
 2813  under s. 409.1671, which have been specifically approved by the
 2814  department. Results of targeted case management projects shall
 2815  be reported to the Social Services Estimating Conference
 2816  established under s. 216.136. The covered group of individuals
 2817  who are eligible to receive targeted case management include
 2818  children who are eligible for Medicaid; who are between the ages
 2819  of birth through 21; and who are under protective supervision or
 2820  postplacement supervision, under foster-care supervision, or in
 2821  shelter care or foster care. The number of individuals who are
 2822  eligible to receive targeted case management is shall be limited
 2823  to the number for whom the Department of Children and Family
 2824  Services has available matching funds to cover the costs. The
 2825  general revenue funds required to match the funds for services
 2826  provided by the community-based child welfare projects are
 2827  limited to funds available for services described under s.
 2828  409.1671. The Department of Children and Family Services may
 2829  transfer the general revenue matching funds as billed by the
 2830  Agency for Health Care Administration.
 2831         Section 122. Paragraph (b) of subsection (4), subsections
 2832  (29) and (44), and paragraph (c) of subsection (49) of section
 2833  409.912, Florida Statutes, are amended to read:
 2834         409.912 Cost-effective purchasing of health care.—The
 2835  agency shall purchase goods and services for Medicaid recipients
 2836  in the most cost-effective manner consistent with the delivery
 2837  of quality medical care. To ensure that medical services are
 2838  effectively utilized, the agency may, in any case, require a
 2839  confirmation or second physician's opinion of the correct
 2840  diagnosis for purposes of authorizing future services under the
 2841  Medicaid program. This section does not restrict access to
 2842  emergency services or poststabilization care services as defined
 2843  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 2844  shall be rendered in a manner approved by the agency. The agency
 2845  shall maximize the use of prepaid per capita and prepaid
 2846  aggregate fixed-sum basis services when appropriate and other
 2847  alternative service delivery and reimbursement methodologies,
 2848  including competitive bidding pursuant to s. 287.057, designed
 2849  to facilitate the cost-effective purchase of a case-managed
 2850  continuum of care. The agency shall also require providers to
 2851  minimize the exposure of recipients to the need for acute
 2852  inpatient, custodial, and other institutional care and the
 2853  inappropriate or unnecessary use of high-cost services. The
 2854  agency shall contract with a vendor to monitor and evaluate the
 2855  clinical practice patterns of providers in order to identify
 2856  trends that are outside the normal practice patterns of a
 2857  provider's professional peers or the national guidelines of a
 2858  provider's professional association. The vendor must be able to
 2859  provide information and counseling to a provider whose practice
 2860  patterns are outside the norms, in consultation with the agency,
 2861  to improve patient care and reduce inappropriate utilization.
 2862  The agency may mandate prior authorization, drug therapy
 2863  management, or disease management participation for certain
 2864  populations of Medicaid beneficiaries, certain drug classes, or
 2865  particular drugs to prevent fraud, abuse, overuse, and possible
 2866  dangerous drug interactions. The Pharmaceutical and Therapeutics
 2867  Committee shall make recommendations to the agency on drugs for
 2868  which prior authorization is required. The agency shall inform
 2869  the Pharmaceutical and Therapeutics Committee of its decisions
 2870  regarding drugs subject to prior authorization. The agency is
 2871  authorized to limit the entities it contracts with or enrolls as
 2872  Medicaid providers by developing a provider network through
 2873  provider credentialing. The agency may competitively bid single
 2874  source-provider contracts if procurement of goods or services
 2875  results in demonstrated cost savings to the state without
 2876  limiting access to care. The agency may limit its network based
 2877  on the assessment of beneficiary access to care, provider
 2878  availability, provider quality standards, time and distance
 2879  standards for access to care, the cultural competence of the
 2880  provider network, demographic characteristics of Medicaid
 2881  beneficiaries, practice and provider-to-beneficiary standards,
 2882  appointment wait times, beneficiary use of services, provider
 2883  turnover, provider profiling, provider licensure history,
 2884  previous program integrity investigations and findings, peer
 2885  review, provider Medicaid policy and billing compliance records,
 2886  clinical and medical record audits, and other factors. Providers
 2887  shall not be entitled to enrollment in the Medicaid provider
 2888  network. The agency shall determine instances in which allowing
 2889  Medicaid beneficiaries to purchase durable medical equipment and
 2890  other goods is less expensive to the Medicaid program than long
 2891  term rental of the equipment or goods. The agency may establish
 2892  rules to facilitate purchases in lieu of long-term rentals in
 2893  order to protect against fraud and abuse in the Medicaid program
 2894  as defined in s. 409.913. The agency may seek federal waivers
 2895  necessary to administer these policies.
 2896         (4) The agency may contract with:
 2897         (b) An entity that is providing comprehensive behavioral
 2898  health care services to specified certain Medicaid recipients
 2899  through a capitated, prepaid arrangement pursuant to the federal
 2900  waiver in provided for by s. 409.905(5). The Such an entity must
 2901  be licensed under chapter 624, chapter 636, or chapter 641 and
 2902  must possess the clinical systems and operational competence to
 2903  manage risk and provide comprehensive behavioral health care to
 2904  Medicaid recipients. As used in this paragraph, the term
 2905  “comprehensive behavioral health care services” means covered
 2906  mental health and substance abuse treatment services that are
 2907  available to Medicaid recipients. The Secretary of the
 2908  Department of Children and Family Services shall approve
 2909  provisions of procurements related to children in the
 2910  department's care or custody before prior to enrolling such
 2911  children in a prepaid behavioral health plan. A Any contract
 2912  awarded under this paragraph must be competitively procured. In
 2913  developing The behavioral health care prepaid plan procurement
 2914  document must require, the agency shall ensure that the
 2915  procurement document requires the contractor to develop and
 2916  implement a plan that ensures to ensure compliance with s.
 2917  394.4574 related to services provided to residents of licensed
 2918  assisted living facilities that hold a limited mental health
 2919  license. Except as provided in subparagraph 8., and except in
 2920  counties where the Medicaid managed care pilot program is
 2921  authorized pursuant to s. 409.91211, the agency shall seek
 2922  federal approval to contract with a single entity meeting the
 2923  these requirements to provide comprehensive behavioral health
 2924  care services to all Medicaid recipients not enrolled in a
 2925  Medicaid managed care plan authorized under s. 409.91211 or a
 2926  Medicaid health maintenance organization in an agency AHCA area.
 2927  In an agency AHCA area where the Medicaid managed care pilot
 2928  program is authorized pursuant to s. 409.91211 in one or more
 2929  counties, the agency may procure a contract with a single entity
 2930  to serve the remaining counties as an agency AHCA area or the
 2931  remaining counties may be included with an adjacent agency AHCA
 2932  area and shall be subject to this paragraph. Each entity must
 2933  offer sufficient choice of providers in its network to ensure
 2934  recipient access to care and the opportunity to select a
 2935  provider with whom the recipient is they are satisfied. The
 2936  network must shall include all public mental health hospitals.
 2937  To ensure unimpaired access to behavioral health care services
 2938  by Medicaid recipients, all contracts issued pursuant to this
 2939  paragraph must shall require 80 percent of the capitation paid
 2940  to the managed care plan, including health maintenance
 2941  organizations, to be expended for the provision of behavioral
 2942  health care services. If In the event the managed care plan
 2943  expends less than 80 percent of the capitation paid pursuant to
 2944  this paragraph for the provision of behavioral health care
 2945  services, the difference must shall be returned to the agency.
 2946  The agency shall provide the managed care plan with a
 2947  certification letter indicating the amount of capitation paid
 2948  during each calendar year for the provision of behavioral health
 2949  care services pursuant to this section. The agency may reimburse
 2950  for substance abuse treatment services on a fee-for-service
 2951  basis until the agency finds that adequate funds are available
 2952  for capitated, prepaid arrangements.
 2953         1. By January 1, 2001, the agency shall modify the
 2954  Contracts with the entities providing comprehensive inpatient
 2955  and outpatient mental health care services to Medicaid
 2956  recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
 2957  Counties must, to include substance abuse treatment services.
 2958         2. By July 1, 2003, The agency and the Department of
 2959  Children and Family Services shall execute a written agreement
 2960  that requires collaboration and joint development of all policy,
 2961  budgets, procurement documents, contracts, and monitoring plans
 2962  that have an impact on the state and Medicaid community mental
 2963  health and targeted case management programs.
 2964         3. Except as provided in subparagraph 8., by July 1, 2006,
 2965  the agency and the Department of Children and Family Services
 2966  shall contract with managed care entities in each agency AHCA
 2967  area except area 6 or arrange to provide comprehensive inpatient
 2968  and outpatient mental health and substance abuse services
 2969  through capitated prepaid arrangements to all Medicaid
 2970  recipients who are eligible to participate in such plans under
 2971  federal law and regulation. In agency AHCA areas where the
 2972  eligible population is fewer individuals number less than
 2973  150,000, the agency shall contract with a single managed care
 2974  plan to provide comprehensive behavioral health services to all
 2975  recipients who are not enrolled in a Medicaid health maintenance
 2976  organization or a Medicaid capitated managed care plan
 2977  authorized under s. 409.91211. The agency may contract with more
 2978  than one comprehensive behavioral health provider to provide
 2979  care to recipients who are not enrolled in a Medicaid capitated
 2980  managed care plan authorized under s. 409.91211 or a Medicaid
 2981  health maintenance organization in agency AHCA areas where the
 2982  eligible population exceeds 150,000. In an agency AHCA area
 2983  where the Medicaid managed care pilot program is authorized
 2984  pursuant to s. 409.91211 in one or more counties, the agency may
 2985  procure a contract with a single entity to serve the remaining
 2986  counties as an agency AHCA area or the remaining counties may be
 2987  included with an adjacent agency AHCA area and shall be subject
 2988  to this paragraph. Contracts for comprehensive behavioral health
 2989  providers awarded pursuant to this section shall be
 2990  competitively procured. Both For-profit and not-for-profit
 2991  corporations are shall be eligible to compete. Managed care
 2992  plans contracting with the agency under subsection (3) shall
 2993  provide and receive payment for the same comprehensive
 2994  behavioral health benefits as provided in agency AHCA rules,
 2995  including handbooks incorporated by reference. In agency AHCA
 2996  area 11, the agency shall contract with at least two
 2997  comprehensive behavioral health care providers to provide
 2998  behavioral health care to recipients in that area who are
 2999  enrolled in, or assigned to, the MediPass program. One of the
 3000  behavioral health care contracts must shall be with the existing
 3001  provider service network pilot project, as described in
 3002  paragraph (d), for the purpose of demonstrating the cost
 3003  effectiveness of the provision of quality mental health services
 3004  through a public hospital-operated managed care model. Payment
 3005  must shall be at an agreed-upon capitated rate to ensure cost
 3006  savings. Of the recipients in area 11 who are assigned to
 3007  MediPass under the provisions of s. 409.9122(2)(k), a minimum of
 3008  50,000 must of those MediPass-enrolled recipients shall be
 3009  assigned to the existing provider service network in area 11 for
 3010  their behavioral care.
 3011         4. By October 1, 2003, the agency and the department shall
 3012  submit a plan to the Governor, the President of the Senate, and
 3013  the Speaker of the House of Representatives which provides for
 3014  the full implementation of capitated prepaid behavioral health
 3015  care in all areas of the state.
 3016         a. Implementation shall begin in 2003 in those AHCA areas
 3017  of the state where the agency is able to establish sufficient
 3018  capitation rates.
 3019         4.b. If the agency determines that the proposed capitation
 3020  rate in an any area is insufficient to provide appropriate
 3021  services, the agency may adjust the capitation rate to ensure
 3022  that care is will be available. The agency and the department
 3023  may use existing general revenue to address any additional
 3024  required match but may not over-obligate existing funds on an
 3025  annualized basis.
 3026         c. Subject to any limitations provided for in the General
 3027  Appropriations Act, the agency, in compliance with appropriate
 3028  federal authorization, shall develop policies and procedures
 3029  that allow for certification of local and state funds.
 3030         5. Children residing in a statewide inpatient psychiatric
 3031  program, or in a Department of Juvenile Justice or a Department
 3032  of Children and Family Services residential program approved as
 3033  a Medicaid behavioral health overlay services provider may shall
 3034  not be included in a behavioral health care prepaid health plan
 3035  or any other Medicaid managed care plan pursuant to this
 3036  paragraph.
 3037         6. In converting to a prepaid system of delivery, the
 3038  agency shall in its procurement document shall require an entity
 3039  providing only comprehensive behavioral health care services to
 3040  prevent the displacement of indigent care patients by enrollees
 3041  in the Medicaid prepaid health plan providing behavioral health
 3042  care services from facilities receiving state funding to provide
 3043  indigent behavioral health care, to facilities licensed under
 3044  chapter 395 which do not receive state funding for indigent
 3045  behavioral health care, or reimburse the unsubsidized facility
 3046  for the cost of behavioral health care provided to the displaced
 3047  indigent care patient.
 3048         7. Traditional community mental health providers under
 3049  contract with the Department of Children and Family Services
 3050  pursuant to part IV of chapter 394, child welfare providers
 3051  under contract with the Department of Children and Family
 3052  Services in areas 1 and 6, and inpatient mental health providers
 3053  licensed under pursuant to chapter 395 must be offered an
 3054  opportunity to accept or decline a contract to participate in
 3055  any provider network for prepaid behavioral health services.
 3056         8. Beginning July 1, 2005, all Medicaid-eligible children,
 3057  except children in area 1 and children in Highlands County,
 3058  Hardee County, Polk County, or Manatee County of area 6, who are
 3059  open for child welfare services in the HomeSafeNet system, shall
 3060  be enrolled in MediPass or in Medicaid fee-for-service and shall
 3061  receive their behavioral health care services through a
 3062  specialty prepaid plan operated by community-based lead agencies
 3063  either through a single agency or formal agreements among
 3064  several agencies. The specialty prepaid plan must result in
 3065  savings to the state comparable to savings achieved in other
 3066  Medicaid managed care and prepaid programs. The Such plan must
 3067  provide mechanisms to maximize state and local revenues. The
 3068  agency and the Department of Children and Family Services
 3069  specialty prepaid plan shall develop the specialty prepaid plan
 3070  be developed by the agency and the Department of Children and
 3071  Family Services. The agency may is authorized to seek any
 3072  federal waivers to implement this initiative. Medicaid-eligible
 3073  children whose cases are open for child welfare services in the
 3074  HomeSafeNet system and who reside in agency AHCA area 10 are
 3075  exempt from the specialty prepaid plan upon the development of a
 3076  service delivery mechanism for children who reside in area 10 as
 3077  specified in s. 409.91211(3)(dd).
 3078         (29) The agency shall perform enrollments and
 3079  disenrollments for Medicaid recipients who are eligible for
 3080  MediPass or managed care plans. Notwithstanding the prohibition
 3081  contained in paragraph (21)(f), managed care plans may perform
 3082  preenrollments of Medicaid recipients under the supervision of
 3083  the agency or its agents. For the purposes of this section, the
 3084  term “preenrollment” means the provision of marketing and
 3085  educational materials to a Medicaid recipient and assistance in
 3086  completing the application forms, but does shall not include
 3087  actual enrollment into a managed care plan. An application for
 3088  enrollment may shall not be deemed complete until the agency or
 3089  its agent verifies that the recipient made an informed,
 3090  voluntary choice. The agency, in cooperation with the Department
 3091  of Children and Family Services, may test new marketing
 3092  initiatives to inform Medicaid recipients about their managed
 3093  care options at selected sites. The agency shall report to the
 3094  Legislature on the effectiveness of such initiatives. The agency
 3095  may contract with a third party to perform managed care plan and
 3096  MediPass enrollment and disenrollment services for Medicaid
 3097  recipients and may is authorized to adopt rules to administer
 3098  implement such services. The agency may adjust the capitation
 3099  rate only to cover the costs of a third-party enrollment and
 3100  disenrollment contract, and for agency supervision and
 3101  management of the managed care plan enrollment and disenrollment
 3102  contract.
 3103         (44) The Agency for Health Care Administration shall ensure
 3104  that any Medicaid managed care plan as defined in s.
 3105  409.9122(2)(f), whether paid on a capitated basis or a shared
 3106  savings basis, is cost-effective. For purposes of this
 3107  subsection, the term “cost-effective” means that a network's
 3108  per-member, per-month costs to the state, including, but not
 3109  limited to, fee-for-service costs, administrative costs, and
 3110  case-management fees, if any, must be no greater than the
 3111  state's costs associated with contracts for Medicaid services
 3112  established under subsection (3), which may be adjusted for
 3113  health status. The agency shall conduct actuarially sound
 3114  adjustments for health status in order to ensure such cost
 3115  effectiveness and shall annually publish the results on its
 3116  Internet website and submit the results annually to the
 3117  Governor, the President of the Senate, and the Speaker of the
 3118  House of Representatives no later than December 31 of each year.
 3119  Contracts established pursuant to this subsection which are not
 3120  cost-effective may not be renewed.
 3121         (49) The agency shall contract with established minority
 3122  physician networks that provide services to historically
 3123  underserved minority patients. The networks must provide cost
 3124  effective Medicaid services, comply with the requirements to be
 3125  a MediPass provider, and provide their primary care physicians
 3126  with access to data and other management tools necessary to
 3127  assist them in ensuring the appropriate use of services,
 3128  including inpatient hospital services and pharmaceuticals.
 3129         (c) For purposes of this subsection, the term “cost
 3130  effective” means that a network's per-member, per-month costs to
 3131  the state, including, but not limited to, fee-for-service costs,
 3132  administrative costs, and case-management fees, if any, must be
 3133  no greater than the state's costs associated with contracts for
 3134  Medicaid services established under subsection (3), which shall
 3135  be actuarially adjusted for case mix, model, and service area.
 3136  The agency shall conduct actuarially sound audits adjusted for
 3137  case mix and model in order to ensure such cost-effectiveness
 3138  and shall annually publish the audit results on its Internet
 3139  website and submit the audit results annually to the Governor,
 3140  the President of the Senate, and the Speaker of the House of
 3141  Representatives no later than December 31. Contracts established
 3142  pursuant to this subsection which are not cost-effective may not
 3143  be renewed.
 3144         Section 123. Section 410.0245, Florida Statutes, is
 3145  repealed.
 3146         Section 124. Subsection (10) of section 410.604, Florida
 3147  Statutes, is repealed.
 3148         Section 125. Paragraph (d) of subsection (5) of section
 3149  411.0102, Florida Statutes, is amended to read:
 3150         411.0102 Child Care Executive Partnership Act; findings and
 3151  intent; grant; limitation; rules.—
 3152         (5)
 3153         (d) Each early learning coalition shall be required to
 3154  establish a community child care task force for each child care
 3155  purchasing pool. The task force must be composed of employers,
 3156  parents, private child care providers, and one representative
 3157  from the local children's services council, if one exists in the
 3158  area of the purchasing pool. The early learning coalition is
 3159  expected to recruit the task force members from existing child
 3160  care councils, commissions, or task forces already operating in
 3161  the area of a purchasing pool. A majority of the task force
 3162  shall consist of employers. Each task force shall develop a plan
 3163  for the use of child care purchasing pool funds. The plan must
 3164  show how many children will be served by the purchasing pool,
 3165  how many will be new to receiving child care services, and how
 3166  the early learning coalition intends to attract new employers
 3167  and their employees to the program.
 3168         Section 126. Section 411.221, Florida Statutes, is
 3169  repealed.
 3170         Section 127. Section 411.242, Florida Statutes, is
 3171  repealed.
 3172         Section 128. Subsection (3) of section 414.1251, Florida
 3173  Statutes, is repealed.
 3174         Section 129. Section 414.14, Florida Statutes, is amended
 3175  to read:
 3176         414.14 Public assistance policy simplification.—To the
 3177  extent possible, the department shall align the requirements for
 3178  eligibility under this chapter with the food stamp program and
 3179  medical assistance eligibility policies and procedures to
 3180  simplify the budgeting process and reduce errors. If the
 3181  department determines that s. 414.075, relating to resources, or
 3182  s. 414.085, relating to income, is inconsistent with related
 3183  provisions of federal law governing which govern the food stamp
 3184  program or medical assistance, and that conformance to federal
 3185  law would simplify administration of the WAGES Program or reduce
 3186  errors without materially increasing the cost of the program to
 3187  the state, the secretary of the department may propose a change
 3188  in the resource or income requirements of the program by rule.
 3189  The secretary shall provide written notice to the President of
 3190  the Senate, the Speaker of the House of Representatives, and the
 3191  chairpersons of the relevant committees of both houses of the
 3192  Legislature summarizing the proposed modifications to be made by
 3193  rule and changes necessary to conform state law to federal law.
 3194  The proposed rule shall take effect 14 days after written notice
 3195  is given unless the President of the Senate or the Speaker of
 3196  the House of Representatives advises the secretary that the
 3197  proposed rule exceeds the delegated authority of the
 3198  Legislature.
 3199         Section 130. Subsection (1) of section 414.36, Florida
 3200  Statutes, is repealed.
 3201         Section 131. Subsection (3) of section 414.391, Florida
 3202  Statutes, is repealed.
 3203         Section 132. Subsection (6) of section 415.1045, Florida
 3204  Statutes, is amended to read:
 3205         415.1045 Photographs, videotapes, and medical examinations;
 3206  abrogation of privileged communications; confidential records
 3207  and documents.—
 3208         (6) WORKING AGREEMENTS.—By March 1, 2004, The department
 3209  shall enter into working agreements with the jurisdictionally
 3210  responsible county sheriff's sheriffs' office or local police
 3211  department that will be the lead agency for when conducting any
 3212  criminal investigation arising from an allegation of abuse,
 3213  neglect, or exploitation of a vulnerable adult. The working
 3214  agreement must specify how the requirements of this chapter will
 3215  be met. The Office of Program Policy Analysis and Government
 3216  Accountability shall conduct a review of the efficacy of the
 3217  agreements and report its findings to the Legislature by March
 3218  1, 2005. For the purposes of such agreement, the
 3219  jurisdictionally responsible law enforcement entity may is
 3220  authorized to share Florida criminal history and local criminal
 3221  history information that is not otherwise exempt from s.
 3222  119.07(1) with the district personnel. A law enforcement entity
 3223  entering into such agreement must comply with s. 943.0525.
 3224  Criminal justice information provided by the such law
 3225  enforcement entity may shall be used only for the purposes
 3226  specified in the agreement and shall be provided at no charge.
 3227  Notwithstanding any other provision of law, the Department of
 3228  Law Enforcement shall provide to the department electronic
 3229  access to Florida criminal justice information that which is
 3230  lawfully available and not exempt from s. 119.07(1), only for
 3231  the purpose of protective investigations and emergency
 3232  placement. As a condition of access to the such information, the
 3233  department shall be required to execute an appropriate user
 3234  agreement addressing the access, use, dissemination, and
 3235  destruction of such information and to comply with all
 3236  applicable laws and rules of the Department of Law Enforcement.
 3237         Section 133. Paragraph (a) of subsection (5) of section
 3238  415.111, Florida Statutes, is amended to read:
 3239         415.111 Criminal penalties.—
 3240         (5) A person who knowingly and willfully makes a false
 3241  report of abuse, neglect, or exploitation of a vulnerable adult,
 3242  or a person who advises another to make a false report, commits
 3243  a felony of the third degree, punishable as provided in s.
 3244  775.082 or s. 775.083.
 3245         (a) The department shall establish procedures for
 3246  determining whether a false report of abuse, neglect, or
 3247  exploitation of a vulnerable adult has been made and for
 3248  submitting all identifying information relating to such a false
 3249  report to the local law enforcement agency as provided in this
 3250  subsection and shall report annually to the Legislature the
 3251  number of reports referred.
 3252         Section 134. Subsection (9) of section 420.622, Florida
 3253  Statutes, is amended to read:
 3254         420.622 State Office on Homelessness; Council on
 3255  Homelessness.—
 3256         (9) The council shall, by December 31 of each year, provide
 3257  issue to the Governor, the Legislature President of the Senate,
 3258  the Speaker of the House of Representatives, and the Secretary
 3259  of Children and Family Services an evaluation of the executive
 3260  director's performance in fulfilling the statutory duties of the
 3261  office, a report summarizing the extent of homelessness in the
 3262  state and the council's recommendations to the office and the
 3263  corresponding actions taken by the office, and any
 3264  recommendations to the Legislature for reducing proposals to
 3265  reduce homelessness in this state.
 3266         Section 135. Subsection (4) of section 420.623, Florida
 3267  Statutes, is repealed.
 3268         Section 136. Subsection (9) of section 427.704, Florida
 3269  Statutes, is amended to read:
 3270         427.704 Powers and duties of the commission.—
 3271         (9) The commission shall prepare provide to the President
 3272  of the Senate and to the Speaker of the House of Representatives
 3273  an annual report on the operation of the telecommunications
 3274  access system which shall be available on the commission's
 3275  Internet website. The first report shall be provided no later
 3276  than January 1, 1992, and successive reports shall be provided
 3277  by January 1 of each year thereafter. Reports must shall be
 3278  prepared in consultation with the administrator and the advisory
 3279  committee appointed pursuant to s. 427.706. The reports must
 3280  shall, at a minimum, briefly outline the status of developments
 3281  in of the telecommunications access system, the number of
 3282  persons served, the call volume, revenues and expenditures, the
 3283  allocation of the revenues and expenditures between provision of
 3284  specialized telecommunications devices to individuals and
 3285  operation of statewide relay service, other major policy or
 3286  operational issues, and proposals for improvements or changes to
 3287  the telecommunications access system.
 3288         Section 137. Subsection (2) of section 427.706, Florida
 3289  Statutes, is amended to read:
 3290         427.706 Advisory committee.—
 3291         (2) The advisory committee shall provide the expertise,
 3292  experience, and perspective of persons who are hearing impaired
 3293  or speech impaired to the commission and to the administrator
 3294  during all phases of the development and operation of the
 3295  telecommunications access system. The advisory committee shall
 3296  advise the commission and the administrator on any matter
 3297  relating to the quality and cost-effectiveness of the
 3298  telecommunications relay service and the specialized
 3299  telecommunications devices distribution system. The advisory
 3300  committee may submit material for inclusion in the annual report
 3301  prepared pursuant to s. 427.704 to the President of the Senate
 3302  and the Speaker of the House of Representatives.
 3303         Section 138. Paragraph (b) of subsection (3) of section
 3304  429.07, Florida Statutes, is amended to read:
 3305         429.07 License required; fee.—
 3306         (3) In addition to the requirements of s. 408.806, each
 3307  license granted by the agency must state the type of care for
 3308  which the license is granted. Licenses shall be issued for one
 3309  or more of the following categories of care: standard, extended
 3310  congregate care, limited nursing services, or limited mental
 3311  health.
 3312         (b) An extended congregate care license shall be issued to
 3313  facilities providing, directly or through contract, services
 3314  beyond those authorized in paragraph (a), including services
 3315  performed by persons licensed under acts performed pursuant to
 3316  part I of chapter 464 by persons licensed thereunder, and
 3317  supportive services, as defined by rule, to persons who would
 3318  otherwise would be disqualified from continued residence in a
 3319  facility licensed under this part.
 3320         1. In order for extended congregate care services to be
 3321  provided in a facility licensed under this part, the agency must
 3322  first determine that all requirements established in law and
 3323  rule are met and must specifically designate, on the facility's
 3324  license, that such services may be provided and whether the
 3325  designation applies to all or part of the a facility. Such
 3326  designation may be made at the time of initial licensure or
 3327  relicensure, or upon request in writing by a licensee under this
 3328  part and part II of chapter 408. The notification of approval or
 3329  the denial of the such request shall be made in accordance with
 3330  part II of chapter 408. Existing facilities qualifying to
 3331  provide extended congregate care services must have maintained a
 3332  standard license and may not have been subject to administrative
 3333  sanctions during the previous 2 years, or since initial
 3334  licensure if the facility has been licensed for less than 2
 3335  years, for any of the following reasons:
 3336         a. A class I or class II violation;
 3337         b. Three or more repeat or recurring class III violations
 3338  of identical or similar resident care standards as specified in
 3339  rule from which a pattern of noncompliance is found by the
 3340  agency;
 3341         c. Three or more class III violations that were not
 3342  corrected in accordance with the corrective action plan approved
 3343  by the agency;
 3344         d. Violation of resident care standards which results in
 3345  requiring the facility resulting in a requirement to employ the
 3346  services of a consultant pharmacist or consultant dietitian;
 3347         e. Denial, suspension, or revocation of a license for
 3348  another facility licensed under this part in which the applicant
 3349  for an extended congregate care license has at least 25 percent
 3350  ownership interest; or
 3351         f. Imposition of a moratorium pursuant to this part or part
 3352  II of chapter 408 or initiation of injunctive proceedings.
 3353         2. A facility that is Facilities that are licensed to
 3354  provide extended congregate care services shall maintain a
 3355  written progress report on each person who receives such
 3356  services, which report describes the type, amount, duration,
 3357  scope, and outcome of services that are rendered and the general
 3358  status of the resident's health. A registered nurse, or
 3359  appropriate designee, representing the agency shall visit the
 3360  facility such facilities at least quarterly to monitor residents
 3361  who are receiving extended congregate care services and to
 3362  determine if the facility is in compliance with this part, part
 3363  II of chapter 408, and relevant rules that relate to extended
 3364  congregate care. One of the these visits may be in conjunction
 3365  with the regular survey. The monitoring visits may be provided
 3366  through contractual arrangements with appropriate community
 3367  agencies. A registered nurse shall serve as part of the team
 3368  that inspects the such facility. The agency may waive one of the
 3369  required yearly monitoring visits for a facility that has been
 3370  licensed for at least 24 months to provide extended congregate
 3371  care services, if, during the inspection, the registered nurse
 3372  determines that extended congregate care services are being
 3373  provided appropriately, and if the facility has no class I or
 3374  class II violations and no uncorrected class III violations.
 3375  Before such decision is made, The agency must first shall
 3376  consult with the long-term care ombudsman council for the area
 3377  in which the facility is located to determine if any complaints
 3378  have been made and substantiated about the quality of services
 3379  or care. The agency may not waive one of the required yearly
 3380  monitoring visits if complaints have been made and
 3381  substantiated.
 3382         3. A facility Facilities that is are licensed to provide
 3383  extended congregate care services must shall:
 3384         a. Demonstrate the capability to meet unanticipated
 3385  resident service needs.
 3386         b. Offer a physical environment that promotes a homelike
 3387  setting, provides for resident privacy, promotes resident
 3388  independence, and allows sufficient congregate space as defined
 3389  by rule.
 3390         c. Have sufficient staff available, taking into account the
 3391  physical plant and firesafety features of the building, to
 3392  assist with the evacuation of residents in an emergency, as
 3393  necessary.
 3394         d. Adopt and follow policies and procedures that maximize
 3395  resident independence, dignity, choice, and decisionmaking to
 3396  permit residents to age in place to the extent possible, so that
 3397  moves due to changes in functional status are minimized or
 3398  avoided.
 3399         e. Allow residents or, if applicable, a resident's
 3400  representative, designee, surrogate, guardian, or attorney in
 3401  fact to make a variety of personal choices, participate in
 3402  developing service plans, and share responsibility in
 3403  decisionmaking.
 3404         f. Implement the concept of managed risk.
 3405         g. Provide, either directly or through contract, the
 3406  services of a person licensed under pursuant to part I of
 3407  chapter 464.
 3408         h. In addition to the training mandated in s. 429.52,
 3409  provide specialized training as defined by rule for facility
 3410  staff.
 3411         4. A facility that is Facilities licensed to provide
 3412  extended congregate care services is are exempt from the
 3413  criteria for continued residency as set forth in rules adopted
 3414  under s. 429.41. A licensed facility must Facilities so licensed
 3415  shall adopt its their own requirements within guidelines for
 3416  continued residency set forth by rule. However, the facility
 3417  such facilities may not serve residents who require 24-hour
 3418  nursing supervision. A licensed facility that provides
 3419  Facilities licensed to provide extended congregate care services
 3420  must also shall provide each resident with a written copy of
 3421  facility policies governing admission and retention.
 3422         5. The primary purpose of extended congregate care services
 3423  is to allow residents, as they become more impaired, the option
 3424  of remaining in a familiar setting from which they would
 3425  otherwise be disqualified for continued residency. A facility
 3426  licensed to provide extended congregate care services may also
 3427  admit an individual who exceeds the admission criteria for a
 3428  facility with a standard license, if the individual is
 3429  determined appropriate for admission to the extended congregate
 3430  care facility.
 3431         6. Before the admission of an individual to a facility
 3432  licensed to provide extended congregate care services, the
 3433  individual must undergo a medical examination as provided in s.
 3434  429.26(4) and the facility must develop a preliminary service
 3435  plan for the individual.
 3436         7. When a facility can no longer provide or arrange for
 3437  services in accordance with the resident's service plan and
 3438  needs and the facility's policy, the facility shall make
 3439  arrangements for relocating the person in accordance with s.
 3440  429.28(1)(k).
 3441         8. Failure to provide extended congregate care services may
 3442  result in denial of extended congregate care license renewal.
 3443         9. No later than January 1 of each year, the department, in
 3444  consultation with the agency, shall prepare and submit to the
 3445  Governor, the President of the Senate, the Speaker of the House
 3446  of Representatives, and the chairs of appropriate legislative
 3447  committees, a report on the status of, and recommendations
 3448  related to, extended congregate care services. The status report
 3449  must include, but need not be limited to, the following
 3450  information:
 3451         a. A description of the facilities licensed to provide such
 3452  services, including total number of beds licensed under this
 3453  part.
 3454         b. The number and characteristics of residents receiving
 3455  such services.
 3456         c. The types of services rendered that could not be
 3457  provided through a standard license.
 3458         d. An analysis of deficiencies cited during licensure
 3459  inspections.
 3460         e. The number of residents who required extended congregate
 3461  care services at admission and the source of admission.
 3462         f. Recommendations for statutory or regulatory changes.
 3463         g. The availability of extended congregate care to state
 3464  clients residing in facilities licensed under this part and in
 3465  need of additional services, and recommendations for
 3466  appropriations to subsidize extended congregate care services
 3467  for such persons.
 3468         h. Such other information as the department considers
 3469  appropriate.
 3470         Section 139. Subsection (2) of section 429.08, Florida
 3471  Statutes, is repealed.
 3472         Section 140. Subsection (5) of section 429.41, Florida
 3473  Statutes, is amended to read:
 3474         429.41 Rules establishing standards.—
 3475         (5) The agency may use an abbreviated biennial standard
 3476  licensure inspection that consists of a review of key quality
 3477  of-care standards in lieu of a full inspection in a facility
 3478  that has facilities which have a good record of past
 3479  performance. However, a full inspection must shall be conducted
 3480  in a facility that has facilities which have had a history of
 3481  class I or class II violations, uncorrected class III
 3482  violations, confirmed ombudsman council complaints, or confirmed
 3483  licensure complaints, within the previous licensure period
 3484  immediately preceding the inspection or if when a potentially
 3485  serious problem is identified during the abbreviated inspection.
 3486  The agency, in consultation with the department, shall develop
 3487  the key quality-of-care standards with input from the State
 3488  Long-Term Care Ombudsman Council and representatives of provider
 3489  groups for incorporation into its rules. The department, in
 3490  consultation with the agency, shall report annually to the
 3491  Legislature concerning its implementation of this subsection.
 3492  The report shall include, at a minimum, the key quality-of-care
 3493  standards which have been developed; the number of facilities
 3494  identified as being eligible for the abbreviated inspection; the
 3495  number of facilities which have received the abbreviated
 3496  inspection and, of those, the number that were converted to full
 3497  inspection; the number and type of subsequent complaints
 3498  received by the agency or department on facilities which have
 3499  had abbreviated inspections; any recommendations for
 3500  modification to this subsection; any plans by the agency to
 3501  modify its implementation of this subsection; and any other
 3502  information which the department believes should be reported.
 3503         Section 141. Subsections (3) through (17) of section
 3504  430.04, Florida Statutes, are amended to read:
 3505         430.04 Duties and responsibilities of the Department of
 3506  Elderly Affairs.—The Department of Elderly Affairs shall:
 3507         (3) Prepare and submit to the Governor, each Cabinet
 3508  member, the President of the Senate, the Speaker of the House of
 3509  Representatives, the minority leaders of the House and Senate,
 3510  and chairpersons of appropriate House and Senate committees a
 3511  master plan for policies and programs in the state related to
 3512  aging. The plan must identify and assess the needs of the
 3513  elderly population in the areas of housing, employment,
 3514  education and training, medical care, long-term care, preventive
 3515  care, protective services, social services, mental health,
 3516  transportation, and long-term care insurance, and other areas
 3517  considered appropriate by the department. The plan must assess
 3518  the needs of particular subgroups of the population and evaluate
 3519  the capacity of existing programs, both public and private and
 3520  in state and local agencies, to respond effectively to
 3521  identified needs. If the plan recommends the transfer of any
 3522  program or service from the Department of Children and Family
 3523  Services to another state department, the plan must also include
 3524  recommendations that provide for an independent third-party
 3525  mechanism, as currently exists in the Florida advocacy councils
 3526  established in ss. 402.165 and 402.166, for protecting the
 3527  constitutional and human rights of recipients of departmental
 3528  services. The plan must include policy goals and program
 3529  strategies designed to respond efficiently to current and
 3530  projected needs. The plan must also include policy goals and
 3531  program strategies to promote intergenerational relationships
 3532  and activities. Public hearings and other appropriate processes
 3533  shall be utilized by the department to solicit input for the
 3534  development and updating of the master plan from parties
 3535  including, but not limited to, the following:
 3536         (a) Elderly citizens and their families and caregivers.
 3537         (b) Local-level public and private service providers,
 3538  advocacy organizations, and other organizations relating to the
 3539  elderly.
 3540         (c) Local governments.
 3541         (d) All state agencies that provide services to the
 3542  elderly.
 3543         (e) University centers on aging.
 3544         (f) Area agency on aging and community care for the elderly
 3545  lead agencies.
 3546         (3)(4) Serve as an information clearinghouse at the state
 3547  level, and assist local-level information and referral resources
 3548  as a repository and means for the dissemination of information
 3549  regarding all federal, state, and local resources for assistance
 3550  to the elderly in the areas of, but not limited to, health,
 3551  social welfare, long-term care, protective services, consumer
 3552  protection, education and training, housing, employment,
 3553  recreation, transportation, insurance, and retirement.
 3554         (4)(5) Recommend guidelines for the development of roles
 3555  for state agencies that provide services for the aging, review
 3556  plans of agencies that provide such services, and relay the
 3557  these plans to the Governor and the Legislature, each Cabinet
 3558  member, the President of the Senate, the Speaker of the House of
 3559  Representatives, the minority leaders of the House and Senate,
 3560  and chairpersons of appropriate House and Senate committees.
 3561         (5)(6) Recommend to the Governor and the Legislature, each
 3562  Cabinet member, the President of the Senate, the Speaker of the
 3563  House of Representatives, the minority leaders of the House and
 3564  Senate, and chairpersons of appropriate House and Senate
 3565  committees an organizational framework for the planning,
 3566  coordination, implementation, and evaluation of programs related
 3567  to aging, with the purpose of expanding and improving programs
 3568  and opportunities available to the state's elderly population
 3569  and enhancing a continuum of long-term care. This framework must
 3570  ensure assure that:
 3571         (a) Performance objectives are established.
 3572         (b) Program reviews are conducted statewide.
 3573         (c) Each major program related to aging is reviewed every 3
 3574  years.
 3575         (d) Agency budget requests reflect the results and
 3576  recommendations of such program reviews.
 3577         (d)(e) Program decisions reinforce lead to the distinctive
 3578  roles established for state agencies that provide aging
 3579  services.
 3580         (6)(7) Advise the Governor and the Legislature, each
 3581  Cabinet member, the President of the Senate, the Speaker of the
 3582  House of Representatives, the minority leaders of the House and
 3583  Senate, and the chairpersons of appropriate House and Senate
 3584  committees regarding the need for and location of programs
 3585  related to aging.
 3586         (7)(8) Review and coordinate aging research plans of all
 3587  state agencies to ensure that the conformance of research
 3588  objectives address to issues and needs of the state's elderly
 3589  population addressed in the master plan for policies and
 3590  programs related to aging. The research activities that must be
 3591  reviewed and coordinated by the department include, but are not
 3592  limited to, contracts with academic institutions, development of
 3593  educational and training curriculums, Alzheimer's disease and
 3594  other medical research, studies of long-term care and other
 3595  personal assistance needs, and design of adaptive or modified
 3596  living environments.
 3597         (8)(9) Review budget requests for programs related to aging
 3598  to ensure the most cost-effective use of state funding for the
 3599  state's elderly population for compliance with the master plan
 3600  for policies and programs related to aging before submission to
 3601  the Governor and the Legislature.
 3602         (10) Update the master plan for policies and programs
 3603  related to aging every 3 years.
 3604         (11) Review implementation of the master plan for programs
 3605  and policies related to aging and annually report to the
 3606  Governor, each Cabinet member, the President of the Senate, the
 3607  Speaker of the House of Representatives, the minority leaders of
 3608  the House and Senate, and the chairpersons of appropriate House
 3609  and Senate committees the progress towards implementation of the
 3610  plan.
 3611         (9)(12) Request other departments that administer programs
 3612  affecting the state's elderly population to amend their plans,
 3613  rules, policies, and research objectives as necessary to ensure
 3614  that programs and other initiatives are coordinated and maximize
 3615  the state's efforts to address the needs of the elderly conform
 3616  with the master plan for policies and programs related to aging.
 3617         (10)(13) Hold public meetings regularly throughout the
 3618  state to receive for purposes of receiving information and
 3619  maximize maximizing the visibility of important issues relating
 3620  to aging and the elderly.
 3621         (11)(14) Conduct policy analysis and program evaluation
 3622  studies assigned by the Legislature.
 3623         (12)(15) Assist the Governor, each Cabinet member, and
 3624  members of the Legislature the President of the Senate, the
 3625  Speaker of the House of Representatives, the minority leaders of
 3626  the House and Senate, and the chairpersons of appropriate House
 3627  and Senate committees in conducting the conduct of their
 3628  responsibilities in such capacities as they consider
 3629  appropriate.
 3630         (13)(16) Call upon appropriate agencies of state government
 3631  for such assistance as is needed in the discharge of its duties.
 3632  All agencies shall cooperate in assisting the department in
 3633  carrying out its responsibilities as prescribed by this section.
 3634  However, the no provision of law regarding with respect to
 3635  confidentiality of information may not be violated.
 3636         (14)(17) Be designated as a state agency that is eligible
 3637  to receive federal funds for adults who are eligible for
 3638  assistance through the portion of the federal Child and Adult
 3639  Care Food Program for adults, which is referred to as the Adult
 3640  Care Food Program, and that is responsible for establishing and
 3641  administering the program. The purpose of the Adult Care Food
 3642  Program is to provide nutritious and wholesome meals and snacks
 3643  for adults in nonresidential day care centers or residential
 3644  treatment facilities. To ensure the quality and integrity of the
 3645  program, the department shall develop standards and procedures
 3646  that govern sponsoring organizations and adult day care centers.
 3647  The department shall follow federal requirements and may adopt
 3648  any rules necessary to administer pursuant to ss. 120.536(1) and
 3649  120.54 for the implementation of the Adult Care Food program
 3650  and. With respect to the Adult Care Food Program, the department
 3651  shall adopt rules pursuant to ss. 120.536(1) and 120.54 that
 3652  implement relevant federal regulations, including 7 C.F.R. part
 3653  226. The rules may address, at a minimum, the program
 3654  requirements and procedures identified in this subsection.
 3655         Section 142. Subsections (3) and (8) of section 430.502,
 3656  Florida Statutes, are amended to read:
 3657         430.502 Alzheimer's disease; memory disorder clinics and
 3658  day care and respite care programs.—
 3659         (3) The Alzheimer's Disease Advisory Committee shall must
 3660  evaluate and make recommendations to the department and the
 3661  Legislature concerning the need for additional memory disorder
 3662  clinics in the state. The first report will be due by December
 3663  31, 1995.
 3664         (8) The department shall will implement the waiver program
 3665  specified in subsection (7). The agency and the department shall
 3666  ensure that providers who are selected that have a history of
 3667  successfully serving persons with Alzheimer's disease are
 3668  selected. The department and the agency shall develop
 3669  specialized standards for providers and services tailored to
 3670  persons in the early, middle, and late stages of Alzheimer's
 3671  disease and designate a level of care determination process and
 3672  standard that is most appropriate to this population. The
 3673  department and the agency shall include in the waiver services
 3674  designed to assist the caregiver in continuing to provide in
 3675  home care. The department shall implement this waiver program
 3676  subject to a specific appropriation or as provided in the
 3677  General Appropriations Act. The department and the agency shall
 3678  submit their program design to the President of the Senate and
 3679  the Speaker of the House of Representatives for consultation
 3680  during the development process.
 3681         Section 143. Paragraph (c) of subsection (4) of section
 3682  445.003, Florida Statutes, is amended to read:
 3683         445.003 Implementation of the federal Workforce Investment
 3684  Act of 1998.—
 3685         (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
 3686  MODIFICATIONS.—
 3687         (c) Workforce Florida, Inc., may modify make modifications
 3688  to the state's plan, policies, and procedures to comply with
 3689  federally mandated requirements that in its judgment are
 3690  necessary must be complied with to maintain funding provided
 3691  pursuant to Pub. L. No. 105-220. The board shall notify in
 3692  writing the Governor, the President of the Senate, and the
 3693  Speaker of the House of Representatives within 30 days after any
 3694  such changes or modifications.
 3695         Section 144. Subsection (1) and paragraph (a) of subsection
 3696  (6) of section 445.006, Florida Statutes, are amended to read:
 3697         445.006 Strategic and operational plans for workforce
 3698  development.—
 3699         (1) Workforce Florida, Inc., in conjunction with state and
 3700  local partners in the workforce system, shall develop a
 3701  strategic plan that produces for workforce, with the goal of
 3702  producing skilled employees for employers in the state. The
 3703  strategic plan shall be submitted to the Governor, the President
 3704  of the Senate, and the Speaker of the House of Representatives
 3705  by February 1, 2001. The strategic plan shall be updated or
 3706  modified by January 1 of each year thereafter. The plan must
 3707  include, but need not be limited to, strategies for:
 3708         (a) Fulfilling the workforce system goals and strategies
 3709  prescribed in s. 445.004;
 3710         (b) Aggregating, integrating, and leveraging workforce
 3711  system resources;
 3712         (c) Coordinating the activities of federal, state, and
 3713  local workforce system partners;
 3714         (d) Addressing the workforce needs of small businesses; and
 3715         (e) Fostering the participation of rural communities and
 3716  distressed urban cores in the workforce system.
 3717         (6)(a) The operational plan must include strategies that
 3718  are designed to prevent or reduce the need for a person to
 3719  receive public assistance. The These strategies must include:
 3720         1. A teen pregnancy prevention component that includes, but
 3721  is not limited to, a plan for implementing the Florida Education
 3722  Now and Babies Later (ENABL) program under s. 411.242 and the
 3723  Teen Pregnancy Prevention Community Initiative within each
 3724  county of the services area in which the teen birth rate is
 3725  higher than the state average;
 3726         2. A component that encourages creation of community-based
 3727  welfare prevention and reduction initiatives that increase
 3728  support provided by noncustodial parents to their welfare
 3729  dependent children and are consistent with program and financial
 3730  guidelines developed by Workforce Florida, Inc., and the
 3731  Commission on Responsible Fatherhood. These initiatives may
 3732  include, but are not limited to, improved paternity
 3733  establishment, work activities for noncustodial parents,
 3734  programs aimed at decreasing out-of-wedlock pregnancies,
 3735  encouraging involvement of fathers with their children which
 3736  includes including court-ordered supervised visitation, and
 3737  increasing child support payments;
 3738         3. A component that encourages formation and maintenance of
 3739  two-parent families through, among other things, court-ordered
 3740  supervised visitation;
 3741         4. A component that fosters responsible fatherhood in
 3742  families receiving assistance; and
 3743         5. A component that fosters the provision of services that
 3744  reduce the incidence and effects of domestic violence on women
 3745  and children in families receiving assistance.
 3746         Section 145. Subsection (4) of section 445.022, Florida
 3747  Statutes, is repealed.
 3748         Section 146. Paragraphs (a) and (c) of subsection (4) of
 3749  section 446.50, Florida Statutes, are amended to read:
 3750         446.50 Displaced homemakers; multiservice programs; report
 3751  to the Legislature; Displaced Homemaker Trust Fund created.—
 3752         (4) STATE PLAN.—
 3753         (a) The Agency for Workforce Innovation shall develop a 3
 3754  year state plan for the displaced homemaker program which shall
 3755  be updated annually and submitted to the Legislature by January
 3756  1. The plan must address, at a minimum, the need for programs
 3757  specifically designed to serve displaced homemakers, any
 3758  necessary service components for such programs in addition to
 3759  those enumerated in this section, goals of the displaced
 3760  homemaker program, including with an analysis of the extent to
 3761  which those goals are being met, and recommendations for ways to
 3762  address any unmet program goals. Any request for funds for
 3763  program expansion must be based on the state plan.
 3764         (c) The 3-year state plan must be submitted to the
 3765  President of the Senate, the Speaker of the House of
 3766  Representatives, and the Governor on or before January 1, 2001,
 3767  and annual updates of the plan must be submitted by January 1 of
 3768  each subsequent year.
 3769         Section 147. Section 455.204, Florida Statutes, is
 3770  repealed.
 3771         Section 148. Subsection (8) of section 455.2226, Florida
 3772  Statutes, is repealed.
 3773         Section 149. Subsection (6) of section 455.2228, Florida
 3774  Statutes, is repealed.
 3775         Section 150. Section 456.005, Florida Statutes, is amended
 3776  to read:
 3777         456.005 Long-range policy planning; plans, reports, and
 3778  recommendations.—To facilitate efficient and cost-effective
 3779  regulation, the department and the board, if where appropriate,
 3780  shall develop and implement a long-range policy planning and
 3781  monitoring process that includes to include recommendations
 3782  specific to each profession. The Such process shall include
 3783  estimates of revenues, expenditures, cash balances, and
 3784  performance statistics for each profession. The period covered
 3785  may shall not be less than 5 years. The department, with input
 3786  from the boards and licensees, shall develop and adopt the long
 3787  range plan and must obtain the approval of the State Surgeon
 3788  General. The department shall monitor compliance with the
 3789  approved long-range plan and, with input from the boards and
 3790  licensees, shall annually update the plans for approval by the
 3791  State Surgeon General. The department shall provide concise
 3792  management reports to the boards quarterly. As part of the
 3793  review process, the department shall evaluate:
 3794         (1) Whether the department, including the boards and the
 3795  various functions performed by the department, is operating
 3796  efficiently and effectively and if there is a need for a board
 3797  or council to assist in cost-effective regulation.
 3798         (2) How and why the various professions are regulated.
 3799         (3) Whether there is a need to continue regulation, and to
 3800  what degree.
 3801         (4) Whether or not consumer protection is adequate, and how
 3802  it can be improved.
 3803         (5) Whether there is consistency between the various
 3804  practice acts.
 3805         (6) Whether unlicensed activity is adequately enforced.
 3806  
 3807  The Such plans shall should include conclusions and
 3808  recommendations on these and other issues as appropriate. Such
 3809  plans shall be provided to the Governor and the Legislature by
 3810  November 1 of each year.
 3811         Section 151. Subsection (9) of section 456.025, Florida
 3812  Statutes, is amended to read:
 3813         456.025 Fees; receipts; disposition.—
 3814         (9) The department shall provide a condensed management
 3815  report of revenues and expenditures budgets, finances,
 3816  performance measures statistics, and recommendations to each
 3817  board at least once a quarter. The department shall identify and
 3818  include in such presentations any changes, or projected changes,
 3819  made to the board's budget since the last presentation.
 3820         Section 152. Subsection (6) of section 456.034, Florida
 3821  Statutes, is repealed.
 3822         Section 153. Subsections (3) and (4) of section 517.302,
 3823  Florida Statutes, are amended to read:
 3824         517.302 Criminal penalties; alternative fine; Anti-Fraud
 3825  Trust Fund; time limitation for criminal prosecution.—
 3826         (3) In lieu of a fine otherwise authorized by law, a person
 3827  who has been convicted of or who has pleaded guilty or no
 3828  contest to having engaged in conduct in violation of the
 3829  provisions of this chapter may be sentenced to pay a fine that
 3830  does not exceed the greater of three times the gross value
 3831  gained or three times the gross loss caused by such conduct,
 3832  plus court costs and the costs of investigation and prosecution
 3833  reasonably incurred.
 3834         (4)(a) There is created within the office a trust fund to
 3835  be known as the Anti-Fraud Trust Fund. Any amounts assessed as
 3836  costs of investigation and prosecution under this subsection
 3837  shall be deposited in the trust fund. Funds deposited in the
 3838  such trust fund must shall be used, when authorized by
 3839  appropriation, for investigation and prosecution of
 3840  administrative, civil, and criminal actions arising under the
 3841  provisions of this chapter. Funds may also be used to improve
 3842  the public's awareness and understanding of prudent investing.
 3843         (b) The office shall report to the Executive Office of the
 3844  Governor annually by November 15, the amounts deposited into the
 3845  Anti-Fraud Trust Fund during the previous fiscal year. The
 3846  Executive Office of the Governor shall distribute these reports
 3847  to the President of the Senate and the Speaker of the House of
 3848  Representatives.
 3849         (5)(4) Criminal prosecution for offenses under this chapter
 3850  is subject to the time limitations in of s. 775.15.
 3851         Section 154. Subsection (3) of section 531.415, Florida
 3852  Statutes, is repealed.
 3853         Section 155. Subsection (3) of section 570.0705, Florida
 3854  Statutes, is repealed.
 3855         Section 156. Subsection (5) of section 570.0725, Florida
 3856  Statutes, is repealed.
 3857         Section 157. Subsection (3) of section 570.543, Florida
 3858  Statutes, is repealed.
 3859         Section 158. Section 603.204, Florida Statutes, is amended
 3860  to read:
 3861         603.204 South Florida Tropical Fruit Plan.—
 3862         (1) The Commissioner of Agriculture, in consultation with
 3863  the Tropical Fruit Advisory Council, shall develop and update,
 3864  at least 90 days prior to the 1991 legislative session, submit
 3865  to the President of the Senate, the Speaker of the House of
 3866  Representatives, and the chairs of appropriate Senate and House
 3867  of Representatives committees, a South Florida Tropical Fruit
 3868  Plan, which shall identify problems and constraints of the
 3869  tropical fruit industry, propose possible solutions to such
 3870  problems, and develop planning mechanisms for orderly growth of
 3871  the industry, including:
 3872         (1)(a) Criteria for tropical fruit research, service, and
 3873  management priorities.
 3874         (2)(b) Additional Proposed legislation that which may be
 3875  required.
 3876         (3)(c) Plans relating to other tropical fruit programs and
 3877  related disciplines in the State University System.
 3878         (4)(d) Potential tropical fruit products in terms of market
 3879  and needs for development.
 3880         (5)(e) Evaluation of production and fresh fruit policy
 3881  alternatives, including, but not limited to, setting minimum
 3882  grades and standards, promotion and advertising, development of
 3883  production and marketing strategies, and setting minimum
 3884  standards on types and quality of nursery plants.
 3885         (6)(f) Evaluation of policy alternatives for processed
 3886  tropical fruit products, including, but not limited to, setting
 3887  minimum quality standards and development of production and
 3888  marketing strategies.
 3889         (7)(g) Research and service priorities for further
 3890  development of the tropical fruit industry.
 3891         (8)(h) Identification of state agencies and public and
 3892  private institutions concerned with research, education,
 3893  extension, services, planning, promotion, and marketing
 3894  functions related to tropical fruit development, and delineation
 3895  of contributions and responsibilities. The recommendations in
 3896  the South Florida Tropical Fruit plan relating to education or
 3897  research shall be submitted to the Institute of Food and
 3898  Agricultural Sciences. The recommendations relating to
 3899  regulation or marketing shall be submitted to the Department of
 3900  Agriculture and Consumer Services.
 3901         (9)(i) Business planning, investment potential, financial
 3902  risks, and economics of production and use utilization.
 3903         (2) A revision and update of the South Florida Tropical
 3904  Fruit Plan shall be submitted biennially, and a progress report
 3905  and budget request shall be submitted annually, to the officials
 3906  specified in subsection (1).
 3907         Section 159. Subsection (6) of section 627.64872, Florida
 3908  Statutes, is amended to read:
 3909         627.64872 Florida Health Insurance Plan.—
 3910         (6) INTERIM REPORT; ANNUAL REPORT.—
 3911         (a) By no later than December 1, 2004, the board shall
 3912  report to the Governor, the President of the Senate, and the
 3913  Speaker of the House of Representatives the results of an
 3914  actuarial study conducted by the board to determine, including,
 3915  but not limited to:
 3916         1. The impact the creation of the plan will have on the
 3917  small group insurance market and the individual market on
 3918  premiums paid by insureds. This shall include an estimate of the
 3919  total anticipated aggregate savings for all small employers in
 3920  the state.
 3921         2. The number of individuals the pool could reasonably
 3922  cover at various funding levels, specifically, the number of
 3923  people the pool may cover at each of those funding levels.
 3924         3. A recommendation as to the best source of funding for
 3925  the anticipated deficits of the pool.
 3926         4. The effect on the individual and small group market by
 3927  including in the Florida Health Insurance Plan persons eligible
 3928  for coverage under s. 627.6487, as well as the cost of including
 3929  these individuals.
 3930  
 3931  The board shall take no action to implement the Florida Health
 3932  Insurance Plan, other than the completion of the actuarial study
 3933  authorized in this paragraph, until funds are appropriated for
 3934  startup cost and any projected deficits.
 3935         (b) No later than December 1, 2005, and annually
 3936  thereafter, The board shall annually submit to the Governor, the
 3937  President of the Senate, and the Speaker of the House of
 3938  Representatives, and the substantive legislative committees of
 3939  the Legislature a report that which includes an independent
 3940  actuarial study to determine, without limitation, the following
 3941  including, but not be limited to:
 3942         (a)1. The effect impact the creation of the plan has on the
 3943  small group and individual insurance market, specifically on the
 3944  premiums paid by insureds, including. This shall include an
 3945  estimate of the total anticipated aggregate savings for all
 3946  small employers in the state.
 3947         (b)2. The actual number of individuals covered at the
 3948  current funding and benefit level, the projected number of
 3949  individuals that may seek coverage in the forthcoming fiscal
 3950  year, and the projected funding needed to cover anticipated
 3951  increase or decrease in plan participation.
 3952         (c)3. A recommendation as to the best source of funding for
 3953  the anticipated deficits of the pool.
 3954         (d)4. A summary summarization of the activities of the plan
 3955  in the preceding calendar year, including the net written and
 3956  earned premiums, plan enrollment, the expense of administration,
 3957  and the paid and incurred losses.
 3958         (e)5. A review of the operation of the plan as to whether
 3959  the plan has met the intent of this section.
 3960  
 3961  The board may not implement the Florida Health Insurance Plan
 3962  until funds are appropriated for startup costs and any projected
 3963  deficits; however, the board may complete the actuarial study
 3964  authorized in this subsection.
 3965         Section 160. Subsections (5) and (7) of section 744.708,
 3966  Florida Statutes, are amended to read:
 3967         744.708 Reports and standards.—
 3968         (5)(a) Each office of public guardian shall undergo an
 3969  independent audit by a qualified certified public accountant at
 3970  least once every 2 years. A copy of the audit report shall be
 3971  submitted to the Statewide Public Guardianship Office.
 3972         (b) In addition to regular monitoring activities, the
 3973  Statewide Public Guardianship Office shall conduct an
 3974  investigation into the practices of each office of public
 3975  guardian related to the managing of each ward's personal affairs
 3976  and property. If When feasible, the investigation required under
 3977  this paragraph shall be conducted in conjunction with the
 3978  financial audit of each office of public guardian under
 3979  paragraph (a).
 3980         (c) In addition, each office of public guardian shall be
 3981  subject to audits or examinations by the Auditor General and the
 3982  Office of Program Policy Analysis and Government Accountability
 3983  pursuant to law.
 3984         (7) The ratio for professional staff to wards shall be 1
 3985  professional to 40 wards. The Statewide Public Guardianship
 3986  Office may increase or decrease the ratio after consultation
 3987  with the local public guardian and the chief judge of the
 3988  circuit court. The basis for of the decision to increase or
 3989  decrease the prescribed ratio must shall be included reported in
 3990  the annual report to the secretary of Elderly Affairs, the
 3991  Governor, the President of the Senate, the Speaker of the House
 3992  of Representatives, and the Chief Justice of the Supreme Court.
 3993         Section 161. Subsection (6) of section 768.295, Florida
 3994  Statutes, is amended to read:
 3995         768.295 Strategic Lawsuits Against Public Participation
 3996  (SLAPP) suits by governmental entities prohibited.—
 3997         (6) In any case filed by a governmental entity which is
 3998  found by a court to be in violation of this section, the
 3999  governmental entity shall report such finding and provide a copy
 4000  of the court's order to the Attorney General no later than 30
 4001  days after the such order is final. The Attorney General shall
 4002  maintain a record of the court orders report any violation of
 4003  this section by a governmental entity to the Cabinet, the
 4004  President of the Senate, and the Speaker of the House of
 4005  Representatives. A copy of such report shall be provided to the
 4006  affected governmental entity.
 4007         Section 162. Paragraph (c) of subsection (3) of section
 4008  775.084, Florida Statutes, is amended to read:
 4009         775.084 Violent career criminals; habitual felony offenders
 4010  and habitual violent felony offenders; three-time violent felony
 4011  offenders; definitions; procedure; enhanced penalties or
 4012  mandatory minimum prison terms.—
 4013         (3)
 4014         (c) In a separate proceeding, the court shall determine
 4015  whether the defendant is a violent career criminal with respect
 4016  to a primary offense committed on or after October 1, 1995. The
 4017  procedure shall be as follows:
 4018         1. Written notice shall be served on the defendant and the
 4019  defendant's attorney a sufficient time before prior to the entry
 4020  of a plea or before prior to the imposition of sentence in order
 4021  to allow for the preparation of a submission on behalf of the
 4022  defendant.
 4023         2. All evidence presented shall be presented in open court
 4024  with full rights of confrontation, cross-examination, and
 4025  representation by counsel.
 4026         3. Each of the findings required as the basis for such
 4027  sentence shall be found to exist by a preponderance of the
 4028  evidence and shall be appealable only as provided in paragraph
 4029  (d).
 4030         4. For the purpose of identification, the court shall
 4031  fingerprint the defendant pursuant to s. 921.241.
 4032         5. For an offense committed on or after October 1, 1995, if
 4033  the state attorney pursues a violent career criminal sanction
 4034  against the defendant and the court, in a separate proceeding
 4035  pursuant to this paragraph, determines that the defendant meets
 4036  the criteria under subsection (1) for imposing such sanction,
 4037  the court must sentence the defendant as a violent career
 4038  criminal, subject to imprisonment pursuant to this section
 4039  unless the court finds that such sentence is not necessary for
 4040  the protection of the public. If the court finds that it is not
 4041  necessary for the protection of the public to sentence the
 4042  defendant as a violent career criminal, the court shall provide
 4043  written reasons; a written transcript of orally stated reasons
 4044  is permissible, if filed by the court within 7 days after the
 4045  date of sentencing. Each month, the court shall submit to the
 4046  Office of Economic and Demographic Research of the Legislature
 4047  the written reasons or transcripts in each case in which the
 4048  court determines not to sentence a defendant as a violent career
 4049  criminal as provided in this subparagraph.
 4050         Section 163. Subsection (8) of section 790.22, Florida
 4051  Statutes, is amended to read:
 4052         790.22 Use of BB guns, air or gas-operated guns, or
 4053  electric weapons or devices by minor under 16; limitation;
 4054  possession of firearms by minor under 18 prohibited; penalties.—
 4055         (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
 4056  under 18 years of age is charged with an offense that involves
 4057  the use or possession of a firearm, as defined in s. 790.001,
 4058  including a violation of subsection (3), or is charged for any
 4059  offense during the commission of which the minor possessed a
 4060  firearm, the minor shall be detained in secure detention, unless
 4061  the state attorney authorizes the release of the minor, and
 4062  shall be given a hearing within 24 hours after being taken into
 4063  custody. At the hearing, the court may order that the minor
 4064  continue to be held in secure detention in accordance with the
 4065  applicable time periods specified in s. 985.26(1)-(5), if the
 4066  court finds that the minor meets the criteria specified in s.
 4067  985.255, or if the court finds by clear and convincing evidence
 4068  that the minor is a clear and present danger to himself or
 4069  herself or the community. The Department of Juvenile Justice
 4070  shall prepare a form for all minors charged under this
 4071  subsection which that states the period of detention and the
 4072  relevant demographic information, including, but not limited to,
 4073  the gender sex, age, and race of the minor; whether or not the
 4074  minor was represented by private counsel or a public defender;
 4075  the current offense; and the minor's complete prior record,
 4076  including any pending cases. The form shall be provided to the
 4077  judge for to be considered when determining whether the minor
 4078  should be continued in secure detention under this subsection.
 4079  An order placing a minor in secure detention because the minor
 4080  is a clear and present danger to himself or herself or the
 4081  community must be in writing, must specify the need for
 4082  detention and the benefits derived by the minor or the community
 4083  by placing the minor in secure detention, and must include a
 4084  copy of the form provided by the department. The Department of
 4085  Juvenile Justice must send the form, including a copy of any
 4086  order, without client-identifying information, to the Office of
 4087  Economic and Demographic Research.
 4088         Section 164. Section 943.125, Florida Statutes, is amended
 4089  to read:
 4090         943.125 Law enforcement agency accreditation; intent.—
 4091         (1) LEGISLATIVE INTENT.—
 4092         (1)(a) It is the intent of the Legislature that law
 4093  enforcement agencies in the state be upgraded and strengthened
 4094  through the adoption of meaningful standards of operation for
 4095  those agencies.
 4096         (2)(b) It is the further intent of the Legislature that law
 4097  enforcement agencies voluntarily adopt standards designed to
 4098  promote equal and fair law enforcement, to maximize the
 4099  capability of law enforcement agencies to prevent and control
 4100  criminal activities, and to increase interagency cooperation
 4101  throughout the state.
 4102         (3)(c) It is further the intent of the Legislature to
 4103  encourage the Florida Sheriffs Association and the Florida
 4104  Police Chiefs Association to develop, either jointly or
 4105  separately, a law enforcement agency accreditation program. The
 4106  Such program must shall be independent of any law enforcement
 4107  agency, the Florida Sheriffs Association, or the Florida Police
 4108  Chiefs Association. The Any such law enforcement agency
 4109  accreditation program must should address, at a minimum, the
 4110  following aspects of law enforcement:
 4111         (a)1. Vehicle pursuits.
 4112         (b)2. Seizure and forfeiture of contraband articles.
 4113         (c)3. Recording and processing citizens' complaints.
 4114         (d)4. Use of force.
 4115         (e)5. Traffic stops.
 4116         (f)6. Handling natural and manmade disasters.
 4117         (g)7. Special operations.
 4118         (h)8. Prisoner transfer.
 4119         (i)9. Collection and preservation of evidence.
 4120         (j)10. Recruitment and selection.
 4121         (k)11. Officer training.
 4122         (l)12. Performance evaluations.
 4123         (m)13. Law enforcement disciplinary procedures and rights.
 4124         (n)14. Use of criminal investigative funds.
 4125         (2) FEASIBILITY AND STATUS REPORT.—The Florida Sheriffs
 4126  Association and the Florida Police Chiefs Association, either
 4127  jointly or separately, shall report to the Speaker of the House
 4128  of Representatives and the President of the Senate regarding the
 4129  feasibility of a law enforcement agency accreditation program
 4130  and the status of the efforts of the Florida Sheriffs
 4131  Association and the Florida Police Chiefs Association to develop
 4132  a law enforcement agency accreditation program as provided in
 4133  this section.
 4134         Section 165. Subsection (9) of section 943.68, Florida
 4135  Statutes, is amended to read:
 4136         943.68 Transportation and protective services.—
 4137         (9) The department shall submit a report each July 15 to
 4138  the President of the Senate, Speaker of the House of
 4139  Representatives, Governor, the Legislature, and members of the
 4140  Cabinet, detailing all transportation and protective services
 4141  provided under subsections (1), (5), and (6) within the
 4142  preceding fiscal year. Each report shall include a detailed
 4143  accounting of the cost of such transportation and protective
 4144  services, including the names of persons provided such services
 4145  and the nature of state business performed.
 4146         Section 166. Section 944.023, Florida Statutes, is amended
 4147  to read:
 4148         944.023 Institutional capacity Comprehensive correctional
 4149  master plan.—
 4150         (1) As used in this section and s. 944.0231, the term:
 4151         (a) “Criminal Justice Estimating Conference” means the
 4152  Criminal Justice Estimating Conference referred to in s. 216.136
 4153  s. 216.136(5).
 4154         (b) “Total capacity” of the state correctional system means
 4155  the total design capacity of all institutions and facilities in
 4156  the state correctional system, which may include those
 4157  facilities authorized and funded under chapter 957, increased by
 4158  one-half, with the following exceptions:
 4159         1. Medical and mental health beds must remain at design
 4160  capacity.
 4161         2. Community-based contracted beds must remain at design
 4162  capacity.
 4163         3. The one-inmate-per-cell requirement at the Florida State
 4164  Prison and other maximum security facilities must be maintained
 4165  pursuant to paragraph (3)(a) (7)(a).
 4166         4. Community correctional centers and drug treatment
 4167  centers must be increased by one-third.
 4168         5. A housing unit may not exceed its maximum capacity
 4169  pursuant to paragraphs (3)(a) (7)(a) and (b).
 4170         6. A number of beds equal to 5 percent of total capacity
 4171  shall be deducted for management beds at institutions.
 4172         (c) “State correctional system” means the correctional
 4173  system as defined in s. 944.02.
 4174         (2) The department shall develop a comprehensive
 4175  correctional master plan. The master plan shall project the
 4176  needs for the state correctional system for the coming 5-year
 4177  period and shall be updated annually and submitted to the
 4178  Governor's office and the Legislature at the same time the
 4179  department submits its legislative budget request as provided in
 4180  chapter 216.
 4181         (3) The purposes of the comprehensive correctional master
 4182  plan shall be:
 4183         (a) To ensure that the penalties of the criminal justice
 4184  system are completely and effectively administered to the
 4185  convicted criminals and, to the maximum extent possible, that
 4186  the criminal is provided opportunities for self-improvement and
 4187  returned to freedom as a productive member of society.
 4188         (b) To the extent possible, to protect the public safety
 4189  and the law-abiding citizens of this state and to carry out the
 4190  laws protecting the rights of the victims of convicted
 4191  criminals.
 4192         (c) To develop and maintain a humane system of punishment
 4193  providing prison inmates with proper housing, nourishment, and
 4194  medical attention.
 4195         (d) To provide fair and adequate compensation and benefits
 4196  to the employees of the state correctional system.
 4197         (e) To the extent possible, to maximize the effective and
 4198  efficient use of the principles used in private business.
 4199         (f) To provide that convicted criminals not be incarcerated
 4200  for any longer period of time or in any more secure facility
 4201  than is necessary to ensure adequate sanctions, rehabilitation
 4202  of offenders, and protection of public safety.
 4203         (4) The comprehensive correctional master plan shall use
 4204  the estimates of the Criminal Justice Estimating Conference and
 4205  shall include:
 4206         (a) A plan for the decentralization of reception and
 4207  classification facilities for the implementation of a systemwide
 4208  diagnosis-and-evaluation capability for adult offenders. The
 4209  plan shall provide for a system of psychological testing and
 4210  evaluation as well as medical screening through department
 4211  resources or with other public or private agencies through a
 4212  purchase-of-services agreement.
 4213         (b) A plan developed by the department for the
 4214  comprehensive vocational and educational training of, and
 4215  treatment programs for, offenders and their evaluation within
 4216  each institution, program, or facility of the department, based
 4217  upon the identified needs of the offender and the requirements
 4218  of the employment market.
 4219         (c) A plan contracting with local facilities and programs
 4220  as short-term confinement resources of the department for
 4221  offenders who are sentenced to 3 years or less, or who are
 4222  within 3 years or less of their anticipated release date, and
 4223  integration of detention services which have community-based
 4224  programs. The plan shall designate such facilities and programs
 4225  by region of the state and identify, by county, the capability
 4226  for local incarceration.
 4227         (d) A detailed analysis of methods to implement diversified
 4228  alternatives to institutionalization when such alternatives can
 4229  be safely employed. The analysis shall include an assessment of
 4230  current pretrial intervention, probation, and community control
 4231  alternatives and their cost-effectiveness with regard to
 4232  restitution to victims, reimbursements for cost of supervision,
 4233  and subsequent violations resulting in commitments to the
 4234  department. Such analysis shall also include an assessment of
 4235  current use of electronic surveillance of offenders and
 4236  projected potential for diverting additional categories of
 4237  offenders from incarceration within the department.
 4238         (e) A detailed analysis of current incarceration rates of
 4239  both the state and county correctional systems with the
 4240  calculation by the department of the current and projected
 4241  ratios of inmates in the correctional system, as defined in s.
 4242  945.01, to the general population of the state which will serve
 4243  as a basis for projecting construction needs.
 4244         (f) A plan for community-based facilities and programs for
 4245  the reintegration of offenders into society whereby inmates who
 4246  are being released shall receive assistance. Such assistance may
 4247  be through work-release, transition assistance, release
 4248  assistance stipend, contract release, postrelease special
 4249  services, temporary housing, or job placement programs.
 4250         (g) A plan reflecting parity of pay or comparable economic
 4251  benefits for correctional officers with that of law enforcement
 4252  officers in this state, and an assessment of projected impacts
 4253  on turnover rates within the department.
 4254         (h) A plan containing habitability criteria which defines
 4255  when beds are available and functional for use by inmates, and
 4256  containing factors which define when institutions and facilities
 4257  may be added to the inventory of the state correctional system.
 4258         (5) The comprehensive correctional master plan shall
 4259  project by year the total operating and capital outlay costs
 4260  necessary for constructing a sufficient number of prison beds to
 4261  avoid a deficiency in prison beds. Included in the master plan
 4262  which projects operating and capital outlay costs shall be a
 4263  siting plan which shall assess, rank, and designate appropriate
 4264  sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
 4265  include an assessment of the department's current capability for
 4266  providing the degree of security necessary to ensure public
 4267  safety and should reflect the levels of security needed for the
 4268  forecasted admissions of various types of offenders based upon
 4269  sentence lengths and severity of offenses. The plan shall also
 4270  provide construction options for targeting violent and habitual
 4271  offenders for incarceration while providing specific
 4272  alternatives for the various categories of lesser offenders.
 4273         (2)(6) Institutions within the state correctional system
 4274  shall have the following design capacity factors:
 4275         (a) Rooms and prison cells between 40 square feet and 90
 4276  square feet, inclusive: one inmate per room or prison cell.
 4277         (b) Dormitory-style rooms and other rooms exceeding 90
 4278  square feet: one inmate per 55 square feet.
 4279         (c) At institutions with rooms or cells, except to the
 4280  extent that separate confinement cells have been constructed, a
 4281  number of rooms or prison cells equal to 3 percent of total
 4282  design capacity must be deducted from design capacity and set
 4283  aside for confinement purposes.
 4284         (d) Bed count calculations used to determine design
 4285  capacity shall only include beds that which are functional and
 4286  available for use by inmates.
 4287         (3)(7) Institutions within the state correctional system
 4288  shall have the following maximum capacity factors:
 4289         (a) Rooms and prison cells between 40 square feet and 60
 4290  square feet, inclusive: one inmate per room or cell. If the room
 4291  or prison cell is between 60 square feet and 90 square feet,
 4292  inclusive, two inmates are allowed in each room, except that one
 4293  inmate per room or prison cell is allowed at the Florida State
 4294  Prison or any other maximum security institution or facility
 4295  that which may be constructed.
 4296         (b) Dormitory-style rooms and other rooms exceeding 90
 4297  square feet: one inmate per 37.5 square feet. Double-bunking is
 4298  generally allowed only along the outer walls of a dormitory.
 4299         (c) At institutions with rooms or cells, except to the
 4300  extent that separate confinement cells have been constructed, a
 4301  number of rooms or prison cells equal to 3 percent of total
 4302  maximum capacity are not available for maximum capacity, and
 4303  must be set aside for confinement purposes, thereby reducing
 4304  maximum capacity by 6 percent since these rooms would otherwise
 4305  house two inmates.
 4306         (d) A number of beds equal to 5 percent of total maximum
 4307  capacity must be deducted for management at institutions.
 4308         Section 167. Paragraph (f) of subsection (3) of section
 4309  944.801, Florida Statutes, is amended to read:
 4310         944.801 Education for state prisoners.—
 4311         (3) The responsibilities of the Correctional Education
 4312  Program shall be to:
 4313         (f) Report annual activities to the Secretary of
 4314  Corrections, the Commissioner of Education, the Governor, and
 4315  the Legislature.
 4316         Section 168. Subsection (10) of section 945.35, Florida
 4317  Statutes, is repealed.
 4318         Section 169. Subsection (9) of section 958.045, Florida
 4319  Statutes, is repealed.
 4320         Section 170. Paragraph (c) of subsection (1) of section
 4321  960.045, Florida Statutes, is amended to read:
 4322         960.045 Department of Legal Affairs; powers and duties.—It
 4323  shall be the duty of the department to assist persons who are
 4324  victims of crime.
 4325         (1) The department shall:
 4326         (c) Prepare an annual Render, prior to January 1 of each
 4327  year, to the presiding officers of the Senate and House of
 4328  Representatives a written report of the activities of the Crime
 4329  Victims' Services Office, which shall be available on the
 4330  department's Internet website.
 4331         Section 171. Paragraph (c) of subsection (8) of section
 4332  985.02, Florida Statutes, is repealed.
 4333         Section 172. Subsections (3), (4), and (5) of section
 4334  985.047, Florida Statutes, are amended to read:
 4335         985.047 Information systems.—
 4336         (3) In order to assist in the integration of the
 4337  information to be shared, the sharing of information obtained,
 4338  the joint planning on diversion and early intervention
 4339  strategies for juveniles at risk of becoming serious habitual
 4340  juvenile offenders, and the intervention strategies for serious
 4341  habitual juvenile offenders, a multiagency task force should be
 4342  organized and utilized by the law enforcement agency or county
 4343  in conjunction with the initiation of the information system
 4344  described in subsections (1) and (2). The multiagency task force
 4345  shall be composed of representatives of those agencies and
 4346  persons providing information for the central identification
 4347  file and the multiagency information sheet.
 4348         (4) This multiagency task force shall develop a plan for
 4349  the information system that includes measures which identify and
 4350  address any disproportionate representation of ethnic or racial
 4351  minorities in the information systems and shall develop
 4352  strategies that address the protection of individual
 4353  constitutional rights.
 4354         (3)(5)A Any law enforcement agency, or county that which
 4355  implements a juvenile offender information system and the
 4356  multiagency task force which maintain the information system
 4357  must annually provide any information gathered during the
 4358  previous year to the delinquency and gang prevention council of
 4359  the judicial circuit in which the county is located. This
 4360  information must shall include the number, types, and patterns
 4361  of delinquency tracked by the juvenile offender information
 4362  system.
 4363         Section 173. Paragraph (a) of subsection (8) of section
 4364  985.47, Florida Statutes, is amended to read:
 4365         985.47 Serious or habitual juvenile offender.—
 4366         (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
 4367  chapter and the establishment of appropriate program guidelines
 4368  and standards, contractual instruments, which shall include
 4369  safeguards of all constitutional rights, shall be developed as
 4370  follows:
 4371         (a) The department shall provide for:
 4372         1. The Oversight of the implementation of assessment and
 4373  treatment approaches.
 4374         2. The Identification and prequalification of appropriate
 4375  individuals or not-for-profit organizations, including minority
 4376  individuals or organizations when possible, to provide
 4377  assessment and treatment services to serious or habitual
 4378  delinquent children.
 4379         3. The Monitoring and evaluation of assessment and
 4380  treatment services for compliance with this chapter and all
 4381  applicable rules and guidelines pursuant thereto.
 4382         4. The development of an annual report on the performance
 4383  of assessment and treatment to be presented to the Governor, the
 4384  Attorney General, the President of the Senate, the Speaker of
 4385  the House of Representatives, and the Auditor General no later
 4386  than January 1 of each year.
 4387         Section 174. Paragraph (a) of subsection (8) of section
 4388  985.483, Florida Statutes, is amended to read:
 4389         985.483 Intensive residential treatment program for
 4390  offenders less than 13 years of age.—
 4391         (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
 4392  chapter and the establishment of appropriate program guidelines
 4393  and standards, contractual instruments, which shall include
 4394  safeguards of all constitutional rights, shall be developed for
 4395  intensive residential treatment programs for offenders less than
 4396  13 years of age as follows:
 4397         (a) The department shall provide for:
 4398         1. The Oversight of the implementation of assessment and
 4399  treatment approaches.
 4400         2. The Identification and prequalification of appropriate
 4401  individuals or not-for-profit organizations, including minority
 4402  individuals or organizations when possible, to provide
 4403  assessment and treatment services to intensive offenders less
 4404  than 13 years of age.
 4405         3. The Monitoring and evaluation of assessment and
 4406  treatment services for compliance with this chapter and all
 4407  applicable rules and guidelines pursuant thereto.
 4408         4. The development of an annual report on the performance
 4409  of assessment and treatment to be presented to the Governor, the
 4410  Attorney General, the President of the Senate, the Speaker of
 4411  the House of Representatives, the Auditor General, and the
 4412  Office of Program Policy Analysis and Government Accountability
 4413  no later than January 1 of each year.
 4414         Section 175. Subsection (5) of section 985.61, Florida
 4415  Statutes, is repealed.
 4416         Section 176. Subsection (1) of section 985.622, Florida
 4417  Statutes, is amended to read:
 4418         985.622 Multiagency plan for vocational education.—
 4419         (1) The Department of Juvenile Justice and the Department
 4420  of Education shall, in consultation with the statewide Workforce
 4421  Development Youth Council, school districts, providers, and
 4422  others, jointly develop a multiagency plan for vocational
 4423  education which that establishes the curriculum, goals, and
 4424  outcome measures for vocational programs in juvenile commitment
 4425  facilities. The plan must include:
 4426         (a) Provisions for maximizing appropriate state and federal
 4427  funding sources, including funds under the Workforce Investment
 4428  Act and the Perkins Act;
 4429         (b) The responsibilities of both departments and all other
 4430  appropriate entities; and
 4431         (c) A detailed implementation schedule.
 4432  
 4433  The plan must be submitted to the Governor, the President of the
 4434  Senate, and the Speaker of the House of Representatives by May
 4435  1, 2001.
 4436         Section 177. Subsection (7) of section 985.632, Florida
 4437  Statutes, is repealed.
 4438         Section 178. Subsection (19) of section 1002.34, Florida
 4439  Statutes, is repealed.
 4440         Section 179. Subsection (4) of section 1003.61, Florida
 4441  Statutes, is repealed.
 4442         Section 180. Subsections (5) through (13) of section
 4443  1004.22, Florida Statutes, are amended to read:
 4444         1004.22 Divisions of sponsored research at state
 4445  universities.—
 4446         (5) Moneys deposited in the permanent sponsored research
 4447  development fund of a university shall be disbursed in
 4448  accordance with the terms of the contract, grant, or donation
 4449  under which they are received. Moneys received for overhead or
 4450  indirect costs and other moneys not required for the payment of
 4451  direct costs shall be applied to the cost of operating the
 4452  division of sponsored research. Any surplus moneys shall be used
 4453  to support other research or sponsored training programs in any
 4454  area of the university. Transportation and per diem expense
 4455  allowances are shall be the same as those provided by law in s.
 4456  112.061, except that personnel performing travel under a
 4457  sponsored research subcontract may be reimbursed for travel
 4458  expenses in accordance with the provisions of the applicable
 4459  prime contract or grant and the travel allowances established by
 4460  the subcontractor, subject to the requirements of subsection (6)
 4461  (7), or except as provided in subsection (10) (11).
 4462         (6)(a) Each university shall submit to the Board of
 4463  Governors a report of the activities of each division of
 4464  sponsored research together with an estimated budget for the
 4465  next fiscal year.
 4466         (b) Not less than 90 days prior to the convening of each
 4467  regular session of the Legislature in which an appropriation
 4468  shall be made, the Board of Governors shall submit to the chair
 4469  of the appropriations committee of each house of the Legislature
 4470  a compiled report, together with a compiled estimated budget for
 4471  the next fiscal year. A copy of such report and estimated budget
 4472  shall be furnished to the Governor, as the chief budget officer
 4473  of the state.
 4474         (6)(7) All purchases of a division of sponsored research
 4475  shall be made in accordance with the policies and procedures of
 4476  the university pursuant to guidelines of the Board of Governors;
 4477  however, upon certification addressed to the university
 4478  president that it is necessary for the efficient or expeditious
 4479  prosecution of a research project, the president may exempt the
 4480  purchase of material, supplies, equipment, or services for
 4481  research purposes from the general purchasing requirement of
 4482  state law the Florida Statutes.
 4483         (7)(8) The university may authorize the construction,
 4484  alteration, or remodeling of buildings if when the funds used
 4485  are derived entirely from the sponsored research development
 4486  fund of a university or from that fund in combination with other
 4487  nonstate sources and if, provided that such construction,
 4488  alteration, or remodeling is for use exclusively in the area of
 4489  research. The university may; it also may authorize the
 4490  acquisition of real property if when the cost is entirely from
 4491  the said funds. Title to all real property purchased before
 4492  prior to January 7, 2003, or with funds appropriated by the
 4493  Legislature shall vest in the Board of Trustees of the Internal
 4494  Improvement Trust Fund and may shall only be transferred or
 4495  conveyed only by it.
 4496         (8)(9) The sponsored research programs of the Institute of
 4497  Food and Agricultural Sciences, the University of Florida Health
 4498  Science Center, and the engineering and industrial experiment
 4499  station shall continue to be centered at the University of
 4500  Florida as heretofore provided by law. Indirect cost
 4501  reimbursements of all grants deposited in the Division of
 4502  Sponsored Research shall be distributed directly to the above
 4503  units in direct proportion to the amounts earned by each unit.
 4504         (9)(10) The operation of the divisions of sponsored
 4505  research and the conduct of the sponsored research program are
 4506  exempt expressly exempted from the provisions of any law other
 4507  laws or portions of laws in conflict with this subsection
 4508  herewith and are, subject to the requirements of subsection (6)
 4509  (7), exempt exempted from the provisions of chapters 215, 216,
 4510  and 283.
 4511         (10)(11) The divisions of sponsored research may pay, by
 4512  advancement or reimbursement, or a combination thereof, the
 4513  costs of per diem of university employees and of other
 4514  authorized persons, as defined in s. 112.061(2)(e), for foreign
 4515  travel up to the current rates as stated in the grant and
 4516  contract terms and may also pay incidental expenses as
 4517  authorized by s. 112.061(8). This subsection applies to any
 4518  university employee traveling in foreign countries for sponsored
 4519  programs of the university, if such travel expenses are approved
 4520  in the terms of the contract or grant. The provisions of s.
 4521  112.061, other than those relating to per diem, apply to the
 4522  travel described in this subsection. As used in this subsection,
 4523  the term “foreign travel” means any travel outside the United
 4524  States and its territories and possessions and Canada. Persons
 4525  traveling in foreign countries pursuant to this section are
 4526  shall not be entitled to reimbursements or advancements pursuant
 4527  to s. 112.061(6)(a)2. for such travel.
 4528         (11)(12) Each division of sponsored research may is
 4529  authorized to advance funds to any principal investigator who,
 4530  under the contract or grant terms, will be performing a portion
 4531  of his or her research at a site that is remote from the
 4532  university. Funds may shall be advanced only to employees who
 4533  have executed a proper power of attorney with the university to
 4534  ensure the proper collection of the such advanced funds if it
 4535  becomes necessary. As used in this subsection, the term “remote”
 4536  means so far removed from the university as to render normal
 4537  purchasing and payroll functions ineffective.
 4538         (12)(13) Each university board of trustees may is
 4539  authorized to adopt rules, as necessary, to administer this
 4540  section.
 4541         Section 181. Subsection (6) of section 1004.50, Florida
 4542  Statutes, is repealed.
 4543         Section 182. Subsections (2) and (4) of section 1004.94,
 4544  Florida Statutes, are repealed.
 4545         Section 183. Subsection (4) of section 1004.95, Florida
 4546  Statutes, is amended to read:
 4547         1004.95 Adult literacy centers.—
 4548         (4) The State Board of Education shall develop rules for
 4549  implementing this section, including criteria for evaluating the
 4550  performance of the centers, and shall submit an evaluation
 4551  report of the centers to the Legislature on or before February 1
 4552  of each year.
 4553         Section 184. Section 1006.0605, Florida Statutes, is
 4554  repealed.
 4555         Section 185. Section 1006.67, Florida Statutes, is
 4556  repealed.
 4557         Section 186. Subsection (8) of section 1009.70, Florida
 4558  Statutes, is amended to read:
 4559         1009.70 Florida Education Fund.—
 4560         (8) There is created a legal education component of the
 4561  Florida Education Fund to provide the opportunity for minorities
 4562  to attain representation within the legal profession
 4563  proportionate to their representation within the general
 4564  population. The legal education component of the Florida
 4565  Education Fund includes a law school program and a pre-law
 4566  program.
 4567         (a) The law school scholarship program of the Florida
 4568  Education Fund is to be administered by the Board of Directors
 4569  of the Florida Education Fund for the purpose of increasing by
 4570  200 the number of minority students enrolled in law schools in
 4571  this state by 200. Implementation of this program is to be
 4572  phased in over a 3-year period.
 4573         1. The board of directors shall provide financial,
 4574  academic, and other support to students selected for
 4575  participation in this program from funds appropriated by the
 4576  Legislature.
 4577         2. Student selection must be made in accordance with rules
 4578  adopted by the board of directors for that purpose and must be
 4579  based, at least in part, on an assessment of potential for
 4580  success, merit, and financial need.
 4581         3. Support must be made available to students who enroll in
 4582  private, as well as public, law schools in this state which are
 4583  accredited by the American Bar Association.
 4584         4. Scholarships must be paid directly to the participating
 4585  students.
 4586         5. Students who participate in this program must agree in
 4587  writing to sit for The Florida Bar examination and, upon
 4588  successful admission to The Florida Bar, to either practice law
 4589  in the state for a period of time equal to the amount of time
 4590  for which the student received aid, up to 3 years, or repay the
 4591  amount of aid received.
 4592         6. Annually, the board of directors shall compile a report
 4593  that includes a description of the selection process, an
 4594  analysis of the academic progress of all scholarship recipients,
 4595  and an analysis of expenditures. This report must be submitted
 4596  to the President of the Senate, the Speaker of the House of
 4597  Representatives, and the Governor.
 4598         (b) The minority pre-law scholarship loan program of the
 4599  Florida Education Fund is to be administered by the Board of
 4600  Directors of the Florida Education Fund for the purpose of
 4601  increasing the opportunity of minority students to prepare for
 4602  law school.
 4603         1. From funds appropriated by the Legislature, the board of
 4604  directors shall provide for student fees, room, board, books,
 4605  supplies, and academic and other support to selected minority
 4606  undergraduate students matriculating at eligible public and
 4607  independent colleges and universities in Florida.
 4608         2. Student selection must be made in accordance with rules
 4609  adopted by the board of directors for that purpose and must be
 4610  based, at least in part, on an assessment of potential for
 4611  success, merit, and financial need.
 4612         3. To be eligible, a student must make a written agreement
 4613  to enter or be accepted to enter a law school in this state
 4614  within 2 years after graduation or repay the scholarship loan
 4615  amount plus interest at the prevailing rate.
 4616         4. Recipients who fail to gain admission to a law school
 4617  within the specified period of time, may, upon admission to law
 4618  school, be eligible to have their loans canceled.
 4619         5. Minority pre-law scholarship loans shall be provided to
 4620  34 minority students per year for up to 4 years each, for a
 4621  total of 136 scholarship loans. To continue receiving receipt of
 4622  scholarship loans, recipients must maintain a 2.75 grade point
 4623  average for the freshman year and a 3.25 grade point average
 4624  thereafter. Participants must also take specialized courses to
 4625  enhance competencies in English and logic.
 4626         6. The board of directors shall maintain records on all
 4627  scholarship loan recipients. Participating institutions shall
 4628  submit academic progress reports to the board of directors
 4629  following each academic term. Annually, the board of directors
 4630  shall compile a report that includes a description of the
 4631  selection process, an analysis of the academic progress of all
 4632  scholarship loan recipients, and an analysis of expenditures.
 4633  This report must be submitted to the President of the Senate,
 4634  the Speaker of the House of Representatives, and the Governor.
 4635         Section 187. Subsection (8) of section 1011.32, Florida
 4636  Statutes, is amended to read:
 4637         1011.32 Community College Facility Enhancement Challenge
 4638  Grant Program.—
 4639         (8) By September 1 of each year, the State Board of
 4640  Education shall transmit to the Governor and the Legislature a
 4641  list of projects that which meet all eligibility requirements to
 4642  participate in the Community College Facility Enhancement
 4643  Challenge Grant Program and a budget request that which includes
 4644  the recommended schedule necessary to complete each project.
 4645         Section 188. Paragraph (r) of subsection (1) of section
 4646  1011.62, Florida Statutes, is amended to read:
 4647         1011.62 Funds for operation of schools.—If the annual
 4648  allocation from the Florida Education Finance Program to each
 4649  district for operation of schools is not determined in the
 4650  annual appropriations act or the substantive bill implementing
 4651  the annual appropriations act, it shall be determined as
 4652  follows:
 4653         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 4654  OPERATION.—The following procedure shall be followed in
 4655  determining the annual allocation to each district for
 4656  operation:
 4657         (r) Extended-school-year program.—It is the intent of the
 4658  Legislature that students be provided additional instruction by
 4659  extending the school year to 210 days or more. Districts may
 4660  apply to the Commissioner of Education for funds to be used in
 4661  planning and implementing an extended-school-year program. The
 4662  Department of Education shall recommend to the Legislature the
 4663  policies necessary for full implementation of an extended school
 4664  year.
 4665         Section 189. Paragraph (l) of subsection (2) of section
 4666  1012.05, Florida Statutes, is repealed.
 4667         Section 190. Subsection (1) of section 1012.42, Florida
 4668  Statutes, is amended to read:
 4669         1012.42 Teacher teaching out-of-field.—
 4670         (1) ASSISTANCE.—Each district school board shall adopt and
 4671  implement a plan to assist any teacher teaching out-of-field,
 4672  and priority consideration in professional development
 4673  activities shall be given to a teacher teachers who is are
 4674  teaching out-of-field. The district school board shall require
 4675  that the teacher such teachers participate in a certification or
 4676  staff development program designed to provide the teacher with
 4677  the competencies required for the assigned duties. The board
 4678  approved assistance plan must include duties of administrative
 4679  personnel and other instructional personnel to provide students
 4680  with instructional services. Each district school board shall
 4681  contact its regional workforce board, created pursuant to s.
 4682  445.007, to identify resources that may assist teachers who are
 4683  teaching out-of-field and who are pursuing certification.
 4684         Section 191. Section 1013.11, Florida Statutes, is amended
 4685  to read:
 4686         1013.11 Postsecondary institutions assessment of physical
 4687  plant safety.—The president of each postsecondary institution
 4688  shall conduct or cause to be conducted an annual assessment of
 4689  physical plant safety. An annual report shall incorporate the
 4690  assessment findings obtained through such assessment and
 4691  recommendations for the improvement of safety on each campus.
 4692  The annual report shall be submitted to the respective governing
 4693  or licensing board of jurisdiction no later than January 1 of
 4694  each year. Each board shall compile the individual institutional
 4695  reports and convey the aggregate institutional reports to the
 4696  Commissioner of Education or the Chancellor of the State
 4697  University System, as appropriate. The Commissioner of Education
 4698  and the Chancellor of the State University System shall convey
 4699  these reports and the reports required in s. 1006.67 to the
 4700  President of the Senate and the Speaker of the House of
 4701  Representatives no later than March 1 of each year.
 4702         Section 192. Subsection (3) of section 161.142, Florida
 4703  Statutes, is amended to read:
 4704         161.142 Declaration of public policy relating to improved
 4705  navigation inlets.—The Legislature recognizes the need for
 4706  maintaining navigation inlets to promote commercial and
 4707  recreational uses of our coastal waters and their resources. The
 4708  Legislature further recognizes that inlets interrupt or alter
 4709  the natural drift of beach-quality sand resources, which often
 4710  results in these sand resources being deposited in nearshore
 4711  areas or in the inlet channel, or in the inland waterway
 4712  adjacent to the inlet, instead of providing natural nourishment
 4713  to the adjacent eroding beaches. Accordingly, the Legislature
 4714  finds it is in the public interest to replicate the natural
 4715  drift of sand which is interrupted or altered by inlets to be
 4716  replaced and for each level of government to undertake all
 4717  reasonable efforts to maximize inlet sand bypassing to ensure
 4718  that beach-quality sand is placed on adjacent eroding beaches.
 4719  Such activities cannot make up for the historical sand deficits
 4720  caused by inlets but shall be designed to balance the sediment
 4721  budget of the inlet and adjacent beaches and extend the life of
 4722  proximate beach-restoration projects so that periodic
 4723  nourishment is needed less frequently. Therefore, in furtherance
 4724  of this declaration of public policy and the Legislature's
 4725  intent to redirect and recommit the state's comprehensive beach
 4726  management efforts to address the beach erosion caused by
 4727  inlets, the department shall ensure that:
 4728         (3) Construction waterward of the coastal construction
 4729  control line on downdrift coastal areas, on islands
 4730  substantially created by the deposit of spoil, located within 1
 4731  mile of the centerline of navigation channels or inlets,
 4732  providing access to ports listed in s. 403.021(9)(b), which
 4733  suffers or has suffered erosion caused by such navigation
 4734  channel maintenance or construction shall be exempt from the
 4735  permitting requirements and prohibitions of s. 161.053(4)(5) or
 4736  (5)(6); however, such construction shall comply with the
 4737  applicable Florida Building Code adopted pursuant to s. 553.73.
 4738  The timing and sequence of any construction activities
 4739  associated with inlet management projects shall provide
 4740  protection to nesting sea turtles and their hatchlings and
 4741  habitats, to nesting shorebirds, and to native salt-resistant
 4742  vegetation and endangered plant communities. Beach-quality sand
 4743  placed on the beach as part of an inlet management project must
 4744  be suitable for marine turtle nesting.
 4745         Section 193. Paragraph (a) of subsection (4) of section
 4746  163.065, Florida Statutes, is amended to read:
 4747         163.065 Miami River Improvement Act.—
 4748         (4) PLAN.—The Miami River Commission, working with the City
 4749  of Miami and Miami-Dade County, shall consider the merits of the
 4750  following:
 4751         (a) Development and adoption of an urban infill and
 4752  redevelopment plan, under ss. 163.2511-163.2523 ss. 163.2511
 4753  163.2526, which and participating state and regional agencies
 4754  shall review the proposed plan for the purposes of determining
 4755  consistency with applicable law.
 4756         Section 194. Subsection (1) of section 163.2511, Florida
 4757  Statutes, is amended to read:
 4758         163.2511 Urban infill and redevelopment.—
 4759         (1) Sections 163.2511-163.2523 163.2511-163.2526 may be
 4760  cited as the “Growth Policy Act.”
 4761         Section 195. Section 163.2514, Florida Statutes, is amended
 4762  to read:
 4763         163.2514 Growth Policy Act; definitions.—As used in ss.
 4764  163.2511-163.2523, the term ss. 163.2511-163.2526:
 4765         (1) “Local government” means any county or municipality.
 4766         (2) “Urban infill and redevelopment area” means an area or
 4767  areas designated by a local government where:
 4768         (a) Public services such as water and wastewater,
 4769  transportation, schools, and recreation are already available or
 4770  are scheduled to be provided in an adopted 5-year schedule of
 4771  capital improvements;
 4772         (b) The area, or one or more neighborhoods within the area,
 4773  suffers from pervasive poverty, unemployment, and general
 4774  distress as defined by s. 290.0058;
 4775         (c) The area exhibits a proportion of properties that are
 4776  substandard, overcrowded, dilapidated, vacant or abandoned, or
 4777  functionally obsolete which is higher than the average for the
 4778  local government;
 4779         (d) More than 50 percent of the area is within 1/4 mile of
 4780  a transit stop, or a sufficient number of such transit stops
 4781  will be made available concurrent with the designation; and
 4782         (e) The area includes or is adjacent to community
 4783  redevelopment areas, brownfields, enterprise zones, or Main
 4784  Street programs;, or has been designated by the state or Federal
 4785  Government as an urban redevelopment, revitalization, or infill
 4786  area under empowerment zone, enterprise community, or brownfield
 4787  showcase community programs or similar programs.
 4788         Section 196. Subsection (2) of section 163.3202, Florida
 4789  Statutes, is amended to read:
 4790         163.3202 Land development regulations.—
 4791         (2) Local land development regulations shall contain
 4792  specific and detailed provisions necessary or desirable to
 4793  implement the adopted comprehensive plan and shall at as a
 4794  minimum:
 4795         (a) Regulate the subdivision of land.;
 4796         (b) Regulate the use of land and water for those land use
 4797  categories included in the land use element and ensure the
 4798  compatibility of adjacent uses and provide for open space.;
 4799         (c) Provide for protection of potable water wellfields.;
 4800         (d) Regulate areas subject to seasonal and periodic
 4801  flooding and provide for drainage and stormwater management.;
 4802         (e) Ensure the protection of environmentally sensitive
 4803  lands designated in the comprehensive plan.;
 4804         (f) Regulate signage.;
 4805         (g) Provide that public facilities and services meet or
 4806  exceed the standards established in the capital improvements
 4807  element required by s. 163.3177 and are available when needed
 4808  for the development, or that development orders and permits are
 4809  conditioned on the availability of these public facilities and
 4810  services necessary to serve the proposed development. Not later
 4811  than 1 year after its due date established by the state land
 4812  planning agency's rule for submission of local comprehensive
 4813  plans pursuant to s. 163.3167(2), A local government may shall
 4814  not issue a development order or permit that which results in a
 4815  reduction in the level of services for the affected public
 4816  facilities below the level of services provided in the local
 4817  government's comprehensive plan of the local government.
 4818         (h) Ensure safe and convenient onsite traffic flow,
 4819  considering needed vehicle parking.
 4820         Section 197. Paragraph (b) of subsection (11) of section
 4821  259.041, Florida Statutes, is amended to read:
 4822         259.041 Acquisition of state-owned lands for preservation,
 4823  conservation, and recreation purposes.—
 4824         (11)
 4825         (b) All project applications shall identify, within their
 4826  acquisition plans, those projects that which require a full fee
 4827  simple interest to achieve the public policy goals, together
 4828  with the reasons full title is determined to be necessary. The
 4829  state agencies and the water management districts may use
 4830  alternatives to fee simple acquisition to bring the remaining
 4831  projects in their acquisition plans under public protection. For
 4832  the purposes of this subsection, the term “alternatives to fee
 4833  simple acquisition” includes, but is not limited to: purchase of
 4834  development rights; obtaining conservation easements; obtaining
 4835  flowage easements; purchase of timber rights, mineral rights, or
 4836  hunting rights; purchase of agricultural interests or
 4837  silvicultural interests; entering into land protection
 4838  agreements as defined in s. 380.0677(3) s. 380.0677(4); fee
 4839  simple acquisitions with reservations; creating life estates; or
 4840  any other acquisition technique that which achieves the public
 4841  policy goals listed in paragraph (a). It is presumed that a
 4842  private landowner retains the full range of uses for all the
 4843  rights or interests in the landowner's land which are not
 4844  specifically acquired by the public agency. The lands upon which
 4845  hunting rights are specifically acquired pursuant to this
 4846  paragraph shall be available for hunting in accordance with the
 4847  management plan or hunting regulations adopted by the Florida
 4848  Fish and Wildlife Conservation Commission, unless the hunting
 4849  rights are purchased specifically to protect activities on
 4850  adjacent lands.
 4851         Section 198. Paragraph (c) of subsection (3) of section
 4852  259.101, Florida Statutes, is amended to read:
 4853         259.101 Florida Preservation 2000 Act.—
 4854         (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the costs
 4855  of issuance, the costs of funding reserve accounts, and other
 4856  costs with respect to the bonds, the proceeds of bonds issued
 4857  pursuant to this act shall be deposited into the Florida
 4858  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
 4859  year 2000-2001, for each Florida Preservation 2000 program
 4860  described in paragraphs (a)-(g), that portion of each program's
 4861  total remaining cash balance which, as of June 30, 2000, is in
 4862  excess of that program's total remaining appropriation balances
 4863  shall be redistributed by the department and deposited into the
 4864  Save Our Everglades Trust Fund for land acquisition. For
 4865  purposes of calculating the total remaining cash balances for
 4866  this redistribution, the Florida Preservation 2000 Series 2000
 4867  bond proceeds, including interest thereon, and the fiscal year
 4868  1999-2000 General Appropriations Act amounts shall be deducted
 4869  from the remaining cash and appropriation balances,
 4870  respectively. The remaining proceeds shall be distributed by the
 4871  Department of Environmental Protection in the following manner:
 4872         (c) Ten percent to the Department of Community Affairs to
 4873  provide land acquisition grants and loans to local governments
 4874  through the Florida Communities Trust pursuant to part III of
 4875  chapter 380. From funds allocated to the trust, $3 million
 4876  annually shall be used by the Division of State Lands within the
 4877  Department of Environmental Protection to implement the Green
 4878  Swamp Land Protection Initiative specifically for the purchase
 4879  of conservation easements, as defined in s. 380.0677(3) s.
 4880  380.0677(4), of lands, or severable interests or rights in
 4881  lands, in the Green Swamp Area of Critical State Concern. From
 4882  funds allocated to the trust, $3 million annually shall be used
 4883  by the Monroe County Comprehensive Plan Land Authority
 4884  specifically for the purchase of a any real property interest in
 4885  either those lands subject to the Rate of Growth Ordinances
 4886  adopted by local governments in Monroe County or those lands
 4887  within the boundary of an approved Conservation and Recreation
 4888  Lands project located within the Florida Keys or Key West Areas
 4889  of Critical State Concern; however, title to lands acquired
 4890  within the boundary of an approved Conservation and Recreation
 4891  Lands project may, in accordance with an approved joint
 4892  acquisition agreement, vest in the Board of Trustees of the
 4893  Internal Improvement Trust Fund. Of the remaining funds
 4894  allocated to the trust after the above transfers occur, one-half
 4895  shall be matched by local governments on a dollar-for-dollar
 4896  basis. To the extent allowed by federal requirements for the use
 4897  of bond proceeds, the trust shall expend Preservation 2000 funds
 4898  to carry out the purposes of part III of chapter 380.
 4899  
 4900  Local governments may use federal grants or loans, private
 4901  donations, or environmental mitigation funds, including
 4902  environmental mitigation funds required pursuant to s. 338.250,
 4903  for any part or all of any local match required for the purposes
 4904  described in this subsection. Bond proceeds allocated pursuant
 4905  to paragraph (c) may be used to purchase lands on the priority
 4906  lists developed pursuant to s. 259.035. Title to lands purchased
 4907  pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
 4908  vested in the Board of Trustees of the Internal Improvement
 4909  Trust Fund. Title to lands purchased pursuant to paragraph (c)
 4910  may be vested in the Board of Trustees of the Internal
 4911  Improvement Trust Fund. The board of trustees shall hold title
 4912  to land protection agreements and conservation easements that
 4913  were or will be acquired pursuant to s. 380.0677, and the
 4914  Southwest Florida Water Management District and the St. Johns
 4915  River Water Management District shall monitor such agreements
 4916  and easements within their respective districts until the state
 4917  assumes this responsibility.
 4918         Section 199. Subsections (1) and (5) of section 369.305,
 4919  Florida Statutes, are amended to read:
 4920         369.305 Review of local comprehensive plans, land
 4921  development regulations, Wekiva River development permits, and
 4922  amendments.—
 4923         (1) It is the intent of the Legislature that comprehensive
 4924  plans and land development regulations of Orange, Lake, and
 4925  Seminole Counties be revised to protect the Wekiva River
 4926  Protection Area prior to the due dates established in ss.
 4927  163.3167(2) and 163.3202 and chapter 9J-12, Florida
 4928  Administrative Code. It is also the intent of the Legislature
 4929  that Orange, Lake, and Seminole the Counties emphasize the
 4930  Wekiva River Protection Area this important state resource in
 4931  their planning and regulation efforts. Therefore, each county's
 4932  county shall, by April 1, 1989, review and amend those portions
 4933  of its local comprehensive plan and its land development
 4934  regulations applicable to the Wekiva River Protection Area must,
 4935  and, if necessary, adopt additional land development regulations
 4936  which are applicable to the Wekiva River Protection Area to meet
 4937  the following criteria:
 4938         (a) Each county's local comprehensive plan must shall
 4939  contain goals, policies, and objectives that which result in the
 4940  protection of the:
 4941         1. Water quantity, water quality, and hydrology of the
 4942  Wekiva River System;
 4943         2. Wetlands associated with the Wekiva River System;
 4944         3. Aquatic and wetland-dependent wildlife species
 4945  associated with the Wekiva River System;
 4946         4. Habitat within the Wekiva River Protection Area of
 4947  species designated pursuant to rules 39-27.003, 39-27.004, and
 4948  39-27.005, Florida Administrative Code; and
 4949         5. Native vegetation within the Wekiva River Protection
 4950  Area.
 4951         (b) The various land uses and densities and intensities of
 4952  development permitted by the local comprehensive plan shall
 4953  protect the resources enumerated in paragraph (a) and the rural
 4954  character of the Wekiva River Protection Area. The plan must
 4955  shall also include:
 4956         1. Provisions that to ensure the preservation of sufficient
 4957  habitat for feeding, nesting, roosting, and resting so as to
 4958  maintain viable populations of species designated pursuant to
 4959  rules 39-27.003, 39-27.004, and 39-27.005, Florida
 4960  Administrative Code, within the Wekiva River Protection Area.
 4961         2. Restrictions on the clearing of native vegetation within
 4962  the 100-year flood plain.
 4963         3. Prohibition of development that is not low-density
 4964  residential in nature, unless the that development has less
 4965  effect impacts on natural resources than low-density residential
 4966  development.
 4967         4. Provisions for setbacks along the Wekiva River for areas
 4968  that do not fall within the protection zones established
 4969  pursuant to s. 373.415.
 4970         5. Restrictions on intensity of development adjacent to
 4971  publicly owned lands to prevent adverse impacts to such lands.
 4972         6. Restrictions on filling and alteration of wetlands in
 4973  the Wekiva River Protection Area.
 4974         7. Provisions encouraging clustering of residential
 4975  development if when it promotes protection of environmentally
 4976  sensitive areas, and ensures ensuring that residential
 4977  development in the aggregate are shall be of a rural in density
 4978  and character.
 4979         (c) The local comprehensive plan must shall require that
 4980  the density or intensity of development permitted on parcels of
 4981  property adjacent to the Wekiva River System be concentrated on
 4982  those portions of the parcels which are the farthest from the
 4983  surface waters and wetlands of the Wekiva River System.
 4984         (d) The local comprehensive plan must shall require that
 4985  parcels of land adjacent to the surface waters and watercourses
 4986  of the Wekiva River System not be subdivided so as to interfere
 4987  with the implementation of protection zones as established
 4988  pursuant to s. 373.415, any applicable setbacks from the surface
 4989  waters in the Wekiva River System which are established by local
 4990  governments, or the policy established in paragraph (c) of
 4991  concentrating development in the Wekiva River Protection Area as
 4992  far from the surface waters and wetlands of the Wekiva River
 4993  System as practicable.
 4994         (e) The local land development regulations must shall
 4995  implement the provisions of paragraphs (a), (b), (c), and (d)
 4996  and must shall also include restrictions on the location of
 4997  septic tanks and drainfields in the 100-year flood plain and
 4998  discharges of stormwater to the Wekiva River System.
 4999         (5)During the period of time between the effective date of
 5000  this act and the due date of a county's revised local government
 5001  comprehensive plan as established by s. 163.3167(2) and chapter
 5002  9J-12, Florida Administrative Code, any local comprehensive plan
 5003  amendment or amendment to a land development regulation, adopted
 5004  or issued by a county, which applies to the Wekiva River
 5005  Protection Area, or any Wekiva River development permit adopted
 5006  by a county, solely within protection zones established pursuant
 5007  to s. 373.415, shall be sent to the department within 10 days
 5008  after its adoption or issuance by the local governing body but
 5009  shall not become effective until certified by the department as
 5010  being in compliance with purposes described in subsection (1).
 5011  The department shall make its decision on certification within
 5012  60 days after receipt of the amendment or development permit
 5013  solely within protection zones established pursuant to s.
 5014  373.415. The department's decision on certification shall be
 5015  final agency action. This subsection shall not apply to any
 5016  amendments or new land development regulations adopted pursuant
 5017  to subsections (1)-(4) or to any development order approving,
 5018  approving with conditions, or denying a development of regional
 5019  impact.
 5020         Section 200. Paragraph (g) of subsection (1) of section
 5021  379.2431, Florida Statutes, is amended to read:
 5022         379.2431 Marine animals; regulation.—
 5023         (1) PROTECTION OF MARINE TURTLES.—
 5024         (g) The Department of Environmental Protection may
 5025  condition the nature, timing, and sequence of construction of
 5026  permitted activities to provide protection to nesting marine
 5027  turtles and hatchlings and their habitat pursuant to s.
 5028  161.053(4) the provisions of s. 161.053(5). If When the
 5029  department is considering a permit for a beach restoration,
 5030  beach renourishment, or inlet sand transfer project and the
 5031  applicant has had an active marine turtle nest relocation
 5032  program or the applicant has agreed to and has the ability to
 5033  administer a program, the department may must not restrict the
 5034  timing of the project. If Where appropriate, the department, in
 5035  accordance with the applicable rules of the Fish and Wildlife
 5036  Conservation Commission, shall require as a condition of the
 5037  permit that the applicant relocate and monitor all turtle nests
 5038  that would be affected by the beach restoration, beach
 5039  renourishment, or sand transfer activities. Such relocation and
 5040  monitoring activities shall be conducted in a manner that
 5041  ensures successful hatching. This limitation on the department's
 5042  authority applies only on the Atlantic coast of Florida.
 5043         Section 201. Section 381.732, Florida Statutes, is amended
 5044  to read:
 5045         381.732 Short title; Healthy Communities, Healthy People
 5046  Act.—Sections 381.732-381.734 381.731-381.734 may be cited as
 5047  the “Healthy Communities, Healthy People Act.”
 5048         Section 202. Section 381.733, Florida Statutes, is amended
 5049  to read:
 5050         381.733 Definitions relating to Healthy Communities,
 5051  Healthy People Act.—As used in ss. 381.732-381.734 ss. 381.731
 5052  381.734, the term:
 5053         (1) “Department” means the Department of Health.
 5054         (2) “Primary prevention” means interventions directed
 5055  toward healthy populations with a focus on avoiding disease
 5056  before it occurs prior to its occurrence.
 5057         (3) “Secondary prevention” means interventions designed to
 5058  promote the early detection and treatment of diseases and to
 5059  reduce the risks experienced by at-risk populations.
 5060         (4) “Tertiary prevention” means interventions directed at
 5061  rehabilitating and minimizing the effects of disease in a
 5062  chronically ill population.
 5063         Section 203. Paragraph (d) of subsection (5) of section
 5064  411.01, Florida Statutes, is amended to read:
 5065         411.01 School readiness programs; early learning
 5066  coalitions.—
 5067         (5) CREATION OF EARLY LEARNING COALITIONS.—
 5068         (d) Implementation.—
 5069         1. An early learning coalition may not implement the school
 5070  readiness program until the coalition is authorized through
 5071  approval of the coalition's school readiness plan is approved by
 5072  the Agency for Workforce Innovation.
 5073         2. Each early learning coalition shall develop a plan for
 5074  implementing the school readiness program to meet the
 5075  requirements of this section and the performance standards and
 5076  outcome measures adopted by the Agency for Workforce Innovation.
 5077  The plan must demonstrate how the program will ensure that each
 5078  3-year-old and 4-year-old child in a publicly funded school
 5079  readiness program receives scheduled activities and instruction
 5080  designed to enhance the age-appropriate progress of the children
 5081  in attaining the performance standards adopted by the agency for
 5082  Workforce Innovation under subparagraph (4)(d)8. Before
 5083  implementing the school readiness program, the early learning
 5084  coalition must submit the plan to the agency for Workforce
 5085  Innovation for approval. The agency for Workforce Innovation may
 5086  approve the plan, reject the plan, or approve the plan with
 5087  conditions. The agency for Workforce Innovation shall review
 5088  school readiness plans at least annually.
 5089         3. If the Agency for Workforce Innovation determines during
 5090  the annual review of school readiness plans, or through
 5091  monitoring and performance evaluations conducted under paragraph
 5092  (4)(l), that an early learning coalition has not substantially
 5093  implemented its plan, has not substantially met the performance
 5094  standards and outcome measures adopted by the agency, or has not
 5095  effectively administered the school readiness program or
 5096  Voluntary Prekindergarten Education Program, the agency for
 5097  Workforce Innovation may dissolve the coalition and temporarily
 5098  contract with a qualified entity to continue school readiness
 5099  and prekindergarten services in the coalition's county or
 5100  multicounty region until the coalition is reestablished through
 5101  resubmission of a school readiness plan and approval by the
 5102  agency.
 5103         4. The Agency for Workforce Innovation shall adopt criteria
 5104  for the approval of school readiness plans. The criteria must be
 5105  consistent with the performance standards and outcome measures
 5106  adopted by the agency and must require each approved plan to
 5107  include the following minimum standards and provisions:
 5108         a. A sliding fee scale establishing a copayment for parents
 5109  based upon their ability to pay, which is the same for all
 5110  program providers, to be implemented and reflected in each
 5111  program's budget.
 5112         b. A choice of settings and locations in licensed,
 5113  registered, religious-exempt, or school-based programs to be
 5114  provided to parents.
 5115         c. Instructional staff who have completed the training
 5116  course as required in s. 402.305(2)(d)1., as well as staff who
 5117  have additional training or credentials as required by the
 5118  Agency for Workforce Innovation. The plan must provide a method
 5119  for assuring the qualifications of all personnel in all program
 5120  settings.
 5121         d. Specific eligibility priorities for children within the
 5122  early learning coalition's county or multicounty region in
 5123  accordance with subsection (6).
 5124         e. Performance standards and outcome measures adopted by
 5125  the agency for Workforce Innovation.
 5126         f. Payment rates adopted by the early learning coalition
 5127  and approved by the agency for Workforce Innovation. Payment
 5128  rates may not have the effect of limiting parental choice or
 5129  creating standards or levels of services that have not been
 5130  authorized by the Legislature.
 5131         g. Systems support services, including a central agency,
 5132  child care resource and referral, eligibility determinations,
 5133  training of providers, and parent support and involvement.
 5134         h. Direct enhancement services to families and children.
 5135  System support and direct enhancement services shall be in
 5136  addition to payments for the placement of children in school
 5137  readiness programs.
 5138         i. The business organization of the early learning
 5139  coalition, which must include the coalition's articles of
 5140  incorporation and bylaws if the coalition is organized as a
 5141  corporation. If the coalition is not organized as a corporation
 5142  or other business entity, the plan must include the contract
 5143  with a fiscal agent. An early learning coalition may contract
 5144  with other coalitions to achieve efficiency in multicounty
 5145  services, and these contracts may be part of the coalition's
 5146  school readiness plan.
 5147         j. Strategies to meet the needs of unique populations, such
 5148  as migrant workers.
 5149  
 5150  As part of the school readiness plan, the early learning
 5151  coalition may request the Governor to apply for a waiver to
 5152  allow the coalition to administer the Head Start Program to
 5153  accomplish the purposes of the school readiness program. If a
 5154  school readiness plan demonstrates that specific statutory goals
 5155  can be achieved more effectively by modifying using procedures
 5156  that require modification of existing rules, policies, or
 5157  procedures, a request for a waiver to the Agency for Workforce
 5158  Innovation may be submitted as part of the plan. Upon review,
 5159  the agency for Workforce Innovation may grant the proposed
 5160  modification.
 5161         5. Persons with an early childhood teaching certificate may
 5162  provide support and supervision to other staff in the school
 5163  readiness program.
 5164         6. An early learning coalition may not implement its school
 5165  readiness plan until it submits the plan to and receives
 5166  approval from the Agency for Workforce Innovation. Once the plan
 5167  is approved, the plan and the services provided under the plan
 5168  shall be controlled by the early learning coalition. The plan
 5169  shall be reviewed and revised as necessary, but at least
 5170  biennially. An early learning coalition may not implement the
 5171  revisions until the coalition submits the revised plan to and
 5172  receives approval from the agency for Workforce Innovation. If
 5173  the agency for Workforce Innovation rejects a revised plan, the
 5174  coalition must continue to operate under its prior approved
 5175  plan.
 5176         7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
 5177  apply to an early learning coalition with an approved school
 5178  readiness plan. To facilitate innovative practices and to allow
 5179  the regional establishment of school readiness programs, an
 5180  early learning coalition may apply to the Governor and Cabinet
 5181  for a waiver of, and the Governor and Cabinet may waive, any of
 5182  the provisions of ss. 411.223, 411.232, and 1003.54, if the
 5183  waiver is necessary for implementation of the coalition's school
 5184  readiness plan.
 5185         8. Two or more counties may join for purposes of planning
 5186  and implementing a school readiness program.
 5187         9. An early learning coalition may, subject to approval by
 5188  the Agency for Workforce Innovation as part of the coalition's
 5189  school readiness plan, receive subsidized child care funds for
 5190  all children eligible for any federal subsidized child care
 5191  program.
 5192         10. An early learning coalition may enter into multiparty
 5193  contracts with multicounty service providers in order to meet
 5194  the needs of unique populations such as migrant workers.
 5195         Section 204. Paragraph (a) of subsection (3) of section
 5196  411.232, Florida Statutes, is amended to read:
 5197         411.232 Children's Early Investment Program.—
 5198         (3) ESSENTIAL ELEMENTS.—
 5199         (a) Initially, the program shall be directed to geographic
 5200  areas where at-risk young children and their families are in
 5201  greatest need because of an unfavorable combination of economic,
 5202  social, environmental, and health factors, including, without
 5203  limitation, extensive poverty, high crime rate, great incidence
 5204  of low birthweight babies, high incidence of alcohol and drug
 5205  abuse, and high rates of teenage pregnancy. The selection of a
 5206  geographic site must shall also consider the incidence of young
 5207  children within these at-risk geographic areas who are cocaine
 5208  babies, children of single mothers who receive temporary cash
 5209  assistance, children of teenage parents, low birthweight babies,
 5210  and very young foster children. To receive funding under this
 5211  section, an agency, board, council, or provider must
 5212  demonstrate:
 5213         1. Its capacity to administer and coordinate the programs
 5214  and services in a comprehensive manner and provide a flexible
 5215  range of services;
 5216         2. Its capacity to identify and serve those children least
 5217  able to access existing programs and case management services;
 5218         3. Its capacity to administer and coordinate the programs
 5219  and services in an intensive and continuous manner;
 5220         4. The proximity of its facilities to young children,
 5221  parents, and other family members to be served by the program,
 5222  or its ability to provide offsite services;
 5223         5. Its ability to use existing federal, state, and local
 5224  governmental programs and services in implementing the
 5225  investment program;
 5226         6. Its ability to coordinate activities and services with
 5227  existing public and private, state and local agencies and
 5228  programs such as those responsible for health, education, social
 5229  support, mental health, child care, respite care, housing,
 5230  transportation, alcohol and drug abuse treatment and prevention,
 5231  income assistance, employment training and placement, nutrition,
 5232  and other relevant services, all the foregoing intended to
 5233  assist children and families at risk;
 5234         7. How its plan will involve project participants and
 5235  community representatives in the planning and operation of the
 5236  investment program; and
 5237         8. Its ability to participate in the evaluation component
 5238  required in this section.; and
 5239         9. Its consistency with the strategic plan pursuant to s.
 5240  411.221.
 5241         Section 205. Paragraph (a) of subsection (6) of section
 5242  445.006, Florida Statutes, is amended to read:
 5243         445.006 Strategic and operational plans for workforce
 5244  development.—
 5245         (6)(a) The operational plan must include strategies that
 5246  are designed to prevent or reduce the need for a person to
 5247  receive public assistance, including. These strategies must
 5248  include:
 5249         1. A teen pregnancy prevention component that includes, but
 5250  is not limited to, a plan for implementing the Florida Education
 5251  Now and Babies Later (ENABL) program under s. 411.242 and the
 5252  Teen Pregnancy Prevention Community Initiative within each
 5253  county of the services area in which the teen birth rate is
 5254  higher than the state average;
 5255         2. A component that encourages creation of community-based
 5256  welfare prevention and reduction initiatives that increase
 5257  support provided by noncustodial parents to their welfare
 5258  dependent children and are consistent with program and financial
 5259  guidelines developed by Workforce Florida, Inc., and the
 5260  Commission on Responsible Fatherhood. These initiatives may
 5261  include, but are not limited to, improved paternity
 5262  establishment, work activities for noncustodial parents,
 5263  programs aimed at decreasing out-of-wedlock pregnancies,
 5264  encouraging involvement of fathers with their children including
 5265  court-ordered supervised visitation, and increasing child
 5266  support payments;
 5267         3. A component that encourages formation and maintenance of
 5268  two-parent families through, among other things, court-ordered
 5269  supervised visitation;
 5270         4. A component that fosters responsible fatherhood in
 5271  families receiving assistance; and
 5272         5. A component that fosters provision of services that
 5273  reduce the incidence and effects of domestic violence on women
 5274  and children in families receiving assistance.
 5275         Section 206. This act shall take effect upon becoming a
 5276  law.