CS for CS for SB 1346                            First Engrossed
       
       
       
       
       
       
       
       
       20111346e1
       
    1                        A bill to be entitled                      
    2         An act relating to obsolete references and programs;
    3         amending s. 14.2015, F.S.; removing an obsolete
    4         reference to the Department of Commerce; amending s.
    5         20.18, F.S.; updating a reference to the Department of
    6         Commerce to refer instead to the Office of Tourism,
    7         Trade, and Economic Development; amending s. 45.031,
    8         F.S.; removing an obsolete reference to the Department
    9         of Labor and Employment Security; amending s. 69.041,
   10         F.S.; removing an obsolete reference to the Department
   11         of Labor and Employment Security; amending s. 112.044,
   12         F.S.; removing obsolete references to the Department
   13         of Labor and Employment Security; amending s. 252.85,
   14         F.S.; updating a reference to the Department of Labor
   15         and Employment Security; amending s. 252.87, F.S.;
   16         removing a reference to the Department of Labor and
   17         Employment Security; amending s. 252.937, F.S.;
   18         removing a reference to the Department of Labor and
   19         Employment Security; amending s. 287.09431, F.S.;
   20         updating references to the Department of Labor and
   21         Employment Security; amending s. 287.09451, F.S.;
   22         removing references to the Department of Labor and
   23         Employment Security; amending s. 287.0947, F.S.;
   24         removing a reference to the Department of Labor and
   25         Employment Security; correcting a cross-reference;
   26         amending s. 288.021, F.S.; updating a reference to the
   27         Department of Labor and Employment Security; amending
   28         s. 288.035, F.S.; removing a reference to the
   29         Department of Commerce; repealing s. 288.038, F.S.,
   30         relating to agreements of the Department of Labor and
   31         Employment Security with county tax collectors;
   32         amending s. 288.1168, F.S.; updating obsolete
   33         references to the Department of Commerce; amending s.
   34         288.1229, F.S.; removing a reference to the Department
   35         of Commerce; amending s. 288.1169, F.S.; updating
   36         references to the Department of Commerce; amending s.
   37         331.369, F.S.; updating references to the Workforce
   38         Development Board of Enterprise Florida, Inc.;
   39         amending s. 377.711, F.S.; removing a reference to the
   40         Department of Commerce; providing for standard compact
   41         provisions regarding recommendations by the Southern
   42         States Energy Board; amending s. 377.712, F.S.;
   43         clarifying provisions governing participation in the
   44         compact by the state and its agencies; amending s.
   45         409.2576, F.S.; removing references to the Department
   46         of Labor and Employment Security; amending s. 414.24,
   47         F.S.; updating references to the Department of Labor
   48         and Employment Security; amending s. 414.40, F.S.;
   49         updating provisions governing the Stop Inmate Fraud
   50         Program; updating a reference to the Department of
   51         Labor and Employment Security; amending s. 440.385,
   52         F.S.; updating a reference to the Department of Labor
   53         and Employment Security; removing obsolete provisions;
   54         amending s. 440.49, F.S.; removing a reference to the
   55         Department of Labor and Employment Security; removing
   56         obsolete provisions; repealing s. 446.60, F.S.,
   57         relating to assistance for displaced local exchange
   58         telecommunications company workers; amending s.
   59         450.161, F.S.; updating a reference to the Division of
   60         Jobs and Benefits; amending s. 464.203, F.S.; updating
   61         a reference to the Enterprise Florida Jobs and
   62         Education Partnership Grant; amending s. 489.1455,
   63         F.S.; updating a reference to the Department of Labor
   64         and Employment Security; amending s. 489.5335, F.S.;
   65         updating a reference to the Department of Labor and
   66         Employment Security; amending s. 553.62, F.S.;
   67         removing a reference to the Department of Labor and
   68         Employment Security; amending s. 597.006, F.S.;
   69         removing a reference to the Department of Labor and
   70         Employment Security; amending s. 944.012, F.S.;
   71         updating a reference to the Florida State Employment
   72         Service; amending s. 944.708, F.S.; removing a
   73         reference to the Agency for Workforce Innovation;
   74         repealing ss. 255.551, 255.552, 255.553, 255.5535,
   75         255.555, 255.556, 255.557, 255.558, 255.559, 255.56,
   76         255.561, 255.562, and 255.563, F.S., relating to the
   77         asbestos management program; amending s. 469.002,
   78         F.S.; conforming a cross-reference to changes made by
   79         the act; repealing s. 469.003(2)(b), F.S., relating to
   80         obsolete provisions governing the licensure of
   81         asbestos surveyors; repealing s. 39.0015, F.S.,
   82         relating to child abuse prevention training in the
   83         district school system; repealing s. 39.305, F.S.,
   84         relating to the development by the Department of
   85         Children and Family Services of a model plan for
   86         community intervention and treatment in intrafamily
   87         sexual abuse cases; repealing ss. 39.311, 39.312,
   88         39.313, 39.314, 39.315, 39.316, 39.317, and 39.318,
   89         F.S., relating to the Family Builders Program;
   90         repealing s. 39.816, F.S., relating to authorization
   91         for pilot and demonstration projects; repealing s.
   92         39.817, F.S., relating to a foster care privatization
   93         demonstration project; repealing s. 383.0115, F.S.,
   94         relating to the Commission on Marriage and Family
   95         Support Initiatives; repealing s. 393.22, F.S.,
   96         relating to financial commitment to community services
   97         programs; repealing s. 393.503, F.S., relating to
   98         respite and family care subsidy expenditures and
   99         funding recommendations; repealing s. 394.922, F.S.,
  100         relating to constitutional requirements regarding
  101         long-term control, care, and treatment of sexually
  102         violent predators; repealing s. 402.3045, F.S.,
  103         relating to a requirement that the Department of
  104         Children and Family Services adopt distinguishable
  105         definitions of child care programs by rule; repealing
  106         s. 402.50, F.S., relating to the development of
  107         administrative infrastructure standards by the
  108         Department of Children and Family Services; repealing
  109         s. 402.55, F.S., relating to the management fellows
  110         program; repealing s. 409.1672, F.S., relating to
  111         performance incentives for department employees with
  112         respect to the child welfare system; repealing s.
  113         409.1673, F.S., relating to legislative findings
  114         regarding the foster care system and the development
  115         of alternate care plans; repealing s. 409.1685, F.S.,
  116         relating to an annual report to the Legislature by the
  117         Department of Children and Family Services with
  118         respect to children in foster care; repealing ss.
  119         409.801 and 409.802, F.S., relating to the Family
  120         Policy Act; repealing s. 409.803, F.S., relating to
  121         pilot programs to provide shelter and foster care
  122         services to dependent children; amending ss. 20.195,
  123         39.00145, 39.0121, 39.301, 39.3031, 49.011, 381.006,
  124         381.0072, 390.01114, 409.1685, 411.01013, 753.03, and
  125         877.22, F.S.; conforming references to changes made by
  126         the act; repealing s. 288.386, F.S., relating to the
  127         Florida-Caribbean Basin Trade Initiative; repealing s.
  128         288.9618, F.S., which relates to an economic
  129         development program for microenterprises; repealing s.
  130         288.982, F.S., which relates to a public records
  131         requirement for certain records relating to the United
  132         States Department of Defense Base Realignment and
  133         Closure 2005 process; repealing s. 409.946, F.S.,
  134         which relates to the Inner City Redevelopment Review
  135         Panel; amending ss. 288.012 and 311.07, F.S.; revising
  136         requirements for the operating plans of the state’s
  137         foreign offices and the use of program funds of the
  138         Florida Seaport Transportation and Economic
  139         Development Program, to delete provisions relating to
  140         the Florida Trade Data Center; amending s. 402.35,
  141         F.S.; removing a provision prohibiting a federal,
  142         state, county, or municipal officer from serving as an
  143         employee of the Department of Children and Family
  144         Services; providing an effective date.
  145  
  146  Be It Enacted by the Legislature of the State of Florida:
  147  
  148         Section 1. Subsection (8) of section 14.2015, Florida
  149  Statutes, is amended to read:
  150         14.2015 Office of Tourism, Trade, and Economic Development;
  151  creation; powers and duties.—
  152         (8) The Office of Tourism, Trade, and Economic Development
  153  shall ensure that the contract between the Florida Commission on
  154  Tourism and the commission’s direct-support organization
  155  contains a provision to provide the data on the visitor counts
  156  and visitor profiles used in revenue estimating, employing the
  157  same methodology used in fiscal year 1995-1996 by the Department
  158  of Commerce. The Office of Tourism, Trade, and Economic
  159  Development and the Florida Commission on Tourism must advise
  160  and consult with the Consensus Estimating Conference principals
  161  before making any changes in methodology used or information
  162  gathered.
  163         Section 2. Subsection (4) of section 20.18, Florida
  164  Statutes, is amended to read:
  165         20.18 Department of Community Affairs.—There is created a
  166  Department of Community Affairs.
  167         (4) In addition to its other powers, duties, and functions,
  168  the department shall, under the general supervision of the
  169  secretary and the Interdepartmental Coordinating Council on
  170  Community Services, assist and encourage the development of
  171  state programs by the various departments for the productive use
  172  of human resources, and the department shall work with other
  173  state agencies in order that together they might:
  174         (a) Effect the coordination, by the responsible agencies of
  175  the state, of the career and adult educational programs of the
  176  state in order to provide the maximum use and meaningful
  177  employment of persons completing courses of study from such
  178  programs;
  179         (b) Assist the Office of Tourism, Trade, and Economic
  180  Development Department of Commerce in the development of
  181  employment opportunities; and
  182         (c) Improve the enforcement of special district reporting
  183  requirements and the communication among state agencies that
  184  receive mandatory reports from special districts.
  185         Section 3. Paragraph (a) of subsection (7) of section
  186  45.031, Florida Statutes, is amended to read:
  187         45.031 Judicial sales procedure.—In any sale of real or
  188  personal property under an order or judgment, the procedures
  189  provided in this section and ss. 45.0315-45.035 may be followed
  190  as an alternative to any other sale procedure if so ordered by
  191  the court.
  192         (7) DISBURSEMENTS OF PROCEEDS.—
  193         (a) On filing a certificate of title, the clerk shall
  194  disburse the proceeds of the sale in accordance with the order
  195  or final judgment and shall file a report of such disbursements
  196  and serve a copy of it on each party, and on the Department of
  197  Revenue if the department was named as a defendant in the action
  198  or if the Agency for Workforce Innovation or the former
  199  Department of Labor and Employment Security was named as a
  200  defendant while the Department of Revenue was providing
  201  unemployment tax collection services under contract with the
  202  Agency for Workforce Innovation through an interagency agreement
  203  pursuant to s. 443.1316.
  204         Section 4. Paragraph (a) of subsection (4) of section
  205  69.041, Florida Statutes, is amended to read:
  206         69.041 State named party; lien foreclosure, suit to quiet
  207  title.—
  208         (4)(a) The Department of Revenue has the right to
  209  participate in the disbursement of funds remaining in the
  210  registry of the court after distribution pursuant to s.
  211  45.031(7). The department shall participate in accordance with
  212  applicable procedures in any mortgage foreclosure action in
  213  which the department has a duly filed tax warrant, or interests
  214  under a lien arising from a judgment, order, or decree for
  215  support, as defined in s. 409.2554, or interest in an
  216  unemployment compensation tax lien under contract with the
  217  Agency for Workforce Innovation through an interagency agreement
  218  pursuant to s. 443.1316, against the subject property and with
  219  the same priority, regardless of whether a default against the
  220  department or, the Agency for Workforce Innovation, or the
  221  former Department of Labor and Employment Security has been
  222  entered for failure to file an answer or other responsive
  223  pleading.
  224         Section 5. Paragraph (d) of subsection (2) and subsection
  225  (5) of section 112.044, Florida Statutes, are amended to read:
  226         112.044 Public employers, employment agencies, labor
  227  organizations; discrimination based on age prohibited;
  228  exceptions; remedy.—
  229         (2) DEFINITIONS.—For the purpose of this act:
  230         (d) “Department” means the Department of Labor and
  231  Employment Security.
  232         (5) NOTICE TO BE POSTED.—Each employer, employment agency,
  233  and labor organization shall post and keep posted in conspicuous
  234  places upon its premises notices required by the United States
  235  Department of Labor and the Equal Employment Opportunity
  236  Commission a notice to be prepared or approved by the department
  237  setting forth such information as the department deems
  238  appropriate to effectuate the purposes of this act.
  239         Section 6. Subsection (1) of section 252.85, Florida
  240  Statutes, is amended to read:
  241         252.85 Fees.—
  242         (1) Any owner or operator of a facility required under s.
  243  302 or s. 312 of EPCRA, or by s. 252.87, to submit a
  244  notification or an annual inventory form to the commission shall
  245  be required to pay an annual registration fee. The fee for any
  246  company, including all facilities under common ownership or
  247  control, shall not be less than $25 nor more than $2,000. The
  248  department shall establish a reduced fee, of not less than $25
  249  nor more than $500, applicable to any owner or operator
  250  regulated under part I of chapter 368, chapter 527, or s.
  251  376.303, which does not have present any extremely hazardous
  252  substance, as defined by EPCRA, in excess of a threshold
  253  planning quantity, as established by EPCRA. The department shall
  254  establish a reduced fee of not less than $25 nor more than
  255  $1,000, applicable to any owner or operator of a facility with a
  256  Standard Industrial Classification Code of 01, 02, or 07, which
  257  is eligible for the “routine agricultural use” exemption
  258  provided in ss. 311 and 312 of EPCRA. The fee under this
  259  subsection shall be based on the number of employees employed
  260  within the state at facilities under the common ownership or
  261  control of such owner or operator, which number shall be
  262  determined, to the extent possible, in accordance with data
  263  supplied by the Agency for Workforce Innovation or its tax
  264  collection service provider Department of Labor and Employment
  265  Security. In order to avoid the duplicative reporting of
  266  seasonal and temporary agricultural employees, fees applicable
  267  to owners or operators of agricultural facilities, which are
  268  eligible for the “routine agricultural use” reporting exemption
  269  provided in ss. 311 and 312 of EPCRA, shall be based on employee
  270  data which most closely reflects such owner or operator’s
  271  permanent nonseasonal workforce. The department shall establish
  272  by rule the date by which the fee is to be paid, as well as a
  273  formula or method of determining the applicable fee under this
  274  subsection without regard to the number of facilities under
  275  common ownership or control. The department may require owners
  276  or operators of multiple facilities to demonstrate common
  277  ownership or control for purposes of this subsection.
  278         Section 7. Subsection (7) of section 252.87, Florida
  279  Statutes, is amended to read:
  280         252.87 Supplemental state reporting requirements.—
  281         (7) The department shall avoid duplicative reporting
  282  requirements by utilizing the reporting requirements of other
  283  state agencies that regulate hazardous materials to the extent
  284  feasible and shall request the information authorized under
  285  EPCRA. With the advice and consent of the State Emergency
  286  Response Commission for Hazardous Materials, the department may
  287  require by rule that the maximum daily amount entry on the
  288  chemical inventory report required under s. 312 of EPCRA provide
  289  for reporting in estimated actual amounts. The department may
  290  also require by rule an entry for the Federal Employer
  291  Identification Number on this report. To the extent feasible,
  292  the department shall encourage and accept required information
  293  in a form initiated through electronic data interchange and
  294  shall describe by rule the format, manner of execution, and
  295  method of electronic transmission necessary for using such form.
  296  To the extent feasible, the Department of Financial Services,
  297  the Department of Agriculture and Consumer Services, the
  298  Department of Environmental Protection, the Public Service
  299  Commission, the Department of Revenue, the Department of Labor
  300  and Employment Security, and other state agencies which regulate
  301  hazardous materials shall coordinate with the department in
  302  order to avoid duplicative requirements contained in each
  303  agency’s respective reporting or registration forms. The other
  304  state agencies that inspect facilities storing hazardous
  305  materials and suppliers and distributors of covered substances
  306  shall assist the department in informing the facility owner or
  307  operator of the requirements of this part. The department shall
  308  provide the other state agencies with the necessary information
  309  and materials to inform the owners and operators of the
  310  requirements of this part to ensure that the budgets of these
  311  agencies are not adversely affected.
  312         Section 8. Subsection (2) of section 252.937, Florida
  313  Statutes, is amended to read:
  314         252.937 Department powers and duties.—
  315         (2) To ensure that this program is self-supporting, the
  316  department shall provide administrative support, including
  317  staff, facilities, materials, and services to implement this
  318  part for specified stationary sources subject to s. 252.939 and
  319  shall provide necessary funding to local emergency planning
  320  committees and county emergency management agencies for work
  321  performed to implement this part. Each state agency with
  322  regulatory, inspection, or technical assistance programs for
  323  specified stationary sources subject to this part shall enter
  324  into a memorandum of understanding with the department which
  325  specifically outlines how each agency’s staff, facilities,
  326  materials, and services will be utilized to support
  327  implementation. At a minimum, these agencies and programs
  328  include: the Department of Environmental Protection’s Division
  329  of Air Resources Management and Division of Water Resource
  330  Management, and the Department of Labor and Employment
  331  Security’s Division of Safety. It is the Legislature’s intent to
  332  implement this part as efficiently and economically as possible,
  333  using existing expertise and resources, if available and
  334  appropriate.
  335         Section 9. Section 287.09431, Florida Statutes, is amended
  336  to read:
  337         287.09431 Statewide and interlocal agreement on
  338  certification of business concerns for the status of minority
  339  business enterprise.—The statewide and interlocal agreement on
  340  certification of business concerns for the status of minority
  341  business enterprise is hereby enacted and entered into with all
  342  jurisdictions or organizations legally joining therein. If,
  343  within 2 years from the date that the certification core
  344  criteria are approved by the Department of Management Services
  345  Department of Labor and Employment Security, the agreement
  346  included herein is not executed by a majority of county and
  347  municipal governing bodies that administer a minority business
  348  assistance program on the effective date of this act, then the
  349  Legislature shall review this agreement. It is the intent of the
  350  Legislature that if the agreement is not executed by a majority
  351  of the requisite governing bodies, then a statewide uniform
  352  certification process should be adopted, and that said agreement
  353  should be repealed and replaced by a mandatory state government
  354  certification process.
  355  
  356                              ARTICLE I                            
  357  
  358         PURPOSE, FINDINGS, AND POLICY.—
  359         (1) The parties to this agreement, desiring by common
  360  action to establish a uniform certification process in order to
  361  reduce the multiplicity of applications by business concerns to
  362  state and local governmental programs for minority business
  363  assistance, declare that it is the policy of each of them, on
  364  the basis of cooperation with one another, to remedy social and
  365  economic disadvantage suffered by certain groups, resulting in
  366  their being historically underutilized in ownership and control
  367  of commercial enterprises. Thus, the parties seek to address
  368  this history by increasing the participation of the identified
  369  groups in opportunities afforded by government procurement.
  370         (2) The parties find that the State of Florida presently
  371  certifies firms for participation in the minority business
  372  assistance programs of the state. The parties find further that
  373  some counties, municipalities, school boards, special districts,
  374  and other divisions of local government require a separate, yet
  375  similar, and in most cases redundant certification in order for
  376  businesses to participate in the programs sponsored by each
  377  government entity.
  378         (3) The parties find further that this redundant
  379  certification has proven to be unduly burdensome to the
  380  minority-owned firms intended to benefit from the underlying
  381  purchasing incentives.
  382         (4) The parties agree that:
  383         (a) They will facilitate integrity, stability, and
  384  cooperation in the statewide and interlocal certification
  385  process, and in other elements of programs established to assist
  386  minority-owned businesses.
  387         (b) They shall cooperate with agencies, organizations, and
  388  associations interested in certification and other elements of
  389  minority business assistance.
  390         (c) It is the purpose of this agreement to provide for a
  391  uniform process whereby the status of a business concern may be
  392  determined in a singular review of the business information for
  393  these purposes, in order to eliminate any undue expense, delay,
  394  or confusion to the minority-owned businesses in seeking to
  395  participate in the minority business assistance programs of
  396  state and local jurisdictions.
  397  
  398                             ARTICLE II                            
  399  
  400         DEFINITIONS.—As used in this agreement and contracts made
  401  pursuant to it, unless the context clearly requires otherwise:
  402         (1) “Awarding organization” means any political subdivision
  403  or organization authorized by law, ordinance, or agreement to
  404  enter into contracts and for which the governing body has
  405  entered into this agreement.
  406         (2) “Department” means the Department of Management
  407  Services Department of Labor and Employment Security.
  408         (3) “Minority” means a person who is a lawful, permanent
  409  resident of the state, having origins in one of the minority
  410  groups as described and adopted by the Department of Management
  411  Services Department of Labor and Employment Security, hereby
  412  incorporated by reference.
  413         (4) “Minority business enterprise” means any small business
  414  concern as defined in subsection (6) that meets all of the
  415  criteria described and adopted by the Department of Management
  416  Services Department of Labor and Employment Security, hereby
  417  incorporated by reference.
  418         (5) “Participating state or local organization” means any
  419  political subdivision of the state or organization designated by
  420  such that elects to participate in the certification process
  421  pursuant to this agreement, which has been approved according to
  422  s. 287.0943(3) and has legally entered into this agreement.
  423         (6) “Small business concern” means an independently owned
  424  and operated business concern which is of a size and type as
  425  described and adopted by vote related to this agreement of the
  426  commission, hereby incorporated by reference.
  427  
  428                             ARTICLE III                           
  429  
  430         STATEWIDE AND INTERLOCAL CERTIFICATIONS.—
  431         (1) All awarding organizations shall accept a certification
  432  granted by any participating organization which has been
  433  approved according to s. 287.0943(3) and has entered into this
  434  agreement, as valid status of minority business enterprise.
  435         (2) A participating organization shall certify a business
  436  concern that meets the definition of minority business
  437  enterprise in this agreement, in accordance with the duly
  438  adopted eligibility criteria.
  439         (3) All participating organizations shall issue notice of
  440  certification decisions granting or denying certification to all
  441  other participating organizations within 14 days of the
  442  decision. Such notice may be made through electronic media.
  443         (4) No certification will be granted without an onsite
  444  visit to verify ownership and control of the prospective
  445  minority business enterprise, unless verification can be
  446  accomplished by other methods of adequate verification or
  447  assessment of ownership and control.
  448         (5) The certification of a minority business enterprise
  449  pursuant to the terms of this agreement shall not be suspended,
  450  revoked, or otherwise impaired except on any grounds which would
  451  be sufficient for revocation or suspension of a certification in
  452  the jurisdiction of the participating organization.
  453         (6) The certification determination of a party may be
  454  challenged by any other participating organization by the
  455  issuance of a timely written notice by the challenging
  456  organization to the certifying organization’s determination
  457  within 10 days of receiving notice of the certification
  458  decision, stating the grounds therefor.
  459         (7) The sole accepted grounds for challenge shall be the
  460  failure of the certifying organization to adhere to the adopted
  461  criteria or the certifying organization’s rules or procedures,
  462  or the perpetuation of a misrepresentation or fraud by the firm.
  463         (8) The certifying organization shall reexamine its
  464  certification determination and submit written notice to the
  465  applicant and the challenging organization of its findings
  466  within 30 days after the receipt of the notice of challenge.
  467         (9) If the certification determination is affirmed, the
  468  challenging agency may subsequently submit timely written notice
  469  to the firm of its intent to revoke certification of the firm.
  470  
  471                             ARTICLE IV                            
  472  
  473         APPROVED AND ACCEPTED PROGRAMS.—Nothing in this agreement
  474  shall be construed to repeal or otherwise modify any ordinance,
  475  law, or regulation of a party relating to the existing minority
  476  business assistance provisions and procedures by which minority
  477  business enterprises participate therein.
  478  
  479                              ARTICLE V                            
  480  
  481         TERM.—The term of the agreement shall be 5 years, after
  482  which it may be reexecuted by the parties.
  483  
  484                             ARTICLE VI                            
  485  
  486         AGREEMENT EVALUATION.—The designated state and local
  487  officials may meet from time to time as a group to evaluate
  488  progress under the agreement, to formulate recommendations for
  489  changes, or to propose a new agreement.
  490  
  491                             ARTICLE VII                           
  492  
  493         OTHER ARRANGEMENTS.—Nothing in this agreement shall be
  494  construed to prevent or inhibit other arrangements or practices
  495  of any party in order to comply with federal law.
  496  
  497                            ARTICLE VIII                           
  498  
  499         EFFECT AND WITHDRAWAL.—
  500         (1) This agreement shall become effective when properly
  501  executed by a legal representative of the participating
  502  organization, when enacted into the law of the state and after
  503  an ordinance or other legislation is enacted into law by the
  504  governing body of each participating organization. Thereafter it
  505  shall become effective as to any participating organization upon
  506  the enactment of this agreement by the governing body of that
  507  organization.
  508         (2) Any party may withdraw from this agreement by enacting
  509  legislation repealing the same, but no such withdrawal shall
  510  take effect until one year after the governing body of the
  511  withdrawing party has given notice in writing of the withdrawal
  512  to the other parties.
  513         (3) No withdrawal shall relieve the withdrawing party of
  514  any obligations imposed upon it by law.
  515  
  516                             ARTICLE IX                            
  517  
  518         FINANCIAL RESPONSIBILITY.—
  519         (1) A participating organization shall not be financially
  520  responsible or liable for the obligations of any other
  521  participating organization related to this agreement.
  522         (2) The provisions of this agreement shall constitute
  523  neither a waiver of any governmental immunity under Florida law
  524  nor a waiver of any defenses of the parties under Florida law.
  525  The provisions of this agreement are solely for the benefit of
  526  its executors and not intended to create or grant any rights,
  527  contractual or otherwise, to any person or entity.
  528  
  529                              ARTICLE X                            
  530  
  531         VENUE AND GOVERNING LAW.—The obligations of the parties to
  532  this agreement are performable only within the county where the
  533  participating organization is located, and statewide for the
  534  Office of Supplier Diversity, and venue for any legal action in
  535  connection with this agreement shall lie, for any participating
  536  organization except the Office of Supplier Diversity,
  537  exclusively in the county where the participating organization
  538  is located. This agreement shall be governed by and construed in
  539  accordance with the laws and court decisions of the state.
  540  
  541                             ARTICLE XI                            
  542  
  543         CONSTRUCTION AND SEVERABILITY.—This agreement shall be
  544  liberally construed so as to effectuate the purposes thereof.
  545  The provisions of this agreement shall be severable and if any
  546  phrase, clause, sentence, or provision of this agreement is
  547  declared to be contrary to the State Constitution or the United
  548  States Constitution, or the application thereof to any
  549  government, agency, person, or circumstance is held invalid, the
  550  validity of the remainder of this agreement and the
  551  applicability thereof to any government, agency, person, or
  552  circumstance shall not be affected thereby. If this agreement
  553  shall be held contrary to the State Constitution, the agreement
  554  shall remain in full force and effect as to all severable
  555  matters.
  556         Section 10. Paragraphs (h) and (o) of subsection (4) of
  557  section 287.09451, Florida Statutes, are amended to read:
  558         287.09451 Office of Supplier Diversity; powers, duties, and
  559  functions.—
  560         (4) The Office of Supplier Diversity shall have the
  561  following powers, duties, and functions:
  562         (h) To develop procedures to investigate complaints against
  563  minority business enterprises or contractors alleged to violate
  564  any provision related to this section or s. 287.0943, that may
  565  include visits to worksites or business premises, and to refer
  566  all information on businesses suspected of misrepresenting
  567  minority status to the Department of Management Services for
  568  investigation. When an investigation is completed and there is
  569  reason to believe that a violation has occurred, the Department
  570  of Labor and Employment Security shall refer the matter shall be
  571  referred to the office of the Attorney General, Department of
  572  Legal Affairs, for prosecution.
  573         (o)1. To establish a system to record and measure the use
  574  of certified minority business enterprises in state contracting.
  575  This system shall maintain information and statistics on
  576  certified minority business enterprise participation, awards,
  577  dollar volume of expenditures and agency goals, and other
  578  appropriate types of information to analyze progress in the
  579  access of certified minority business enterprises to state
  580  contracts and to monitor agency compliance with this section.
  581  Such reporting must include, but is not limited to, the
  582  identification of all subcontracts in state contracting by
  583  dollar amount and by number of subcontracts and the
  584  identification of the utilization of certified minority business
  585  enterprises as prime contractors and subcontractors by dollar
  586  amounts of contracts and subcontracts, number of contracts and
  587  subcontracts, minority status, industry, and any conditions or
  588  circumstances that significantly affected the performance of
  589  subcontractors. Agencies shall report their compliance with the
  590  requirements of this reporting system at least annually and at
  591  the request of the office. All agencies shall cooperate with the
  592  office in establishing this reporting system. Except in
  593  construction contracting, all agencies shall review contracts
  594  costing in excess of CATEGORY FOUR as defined in s. 287.017 to
  595  determine if such contracts could be divided into smaller
  596  contracts to be separately solicited and awarded, and shall,
  597  when economical, offer such smaller contracts to encourage
  598  minority participation.
  599         2. To report agency compliance with the provisions of
  600  subparagraph 1. for the preceding fiscal year to the Governor
  601  and Cabinet, the President of the Senate, and the Speaker of the
  602  House of Representatives, and the secretary of the Department of
  603  Labor and Employment Security on or before February 1 of each
  604  year. The report must contain, at a minimum, the following:
  605         a. Total expenditures of each agency by industry.
  606         b. The dollar amount and percentage of contracts awarded to
  607  certified minority business enterprises by each state agency.
  608         c. The dollar amount and percentage of contracts awarded
  609  indirectly to certified minority business enterprises as
  610  subcontractors by each state agency.
  611         d. The total dollar amount and percentage of contracts
  612  awarded to certified minority business enterprises, whether
  613  directly or indirectly, as subcontractors.
  614         e. A statement and assessment of good faith efforts taken
  615  by each state agency.
  616         f. A status report of agency compliance with subsection
  617  (6), as determined by the Minority Business Enterprise Office.
  618         Section 11. Subsections (1) and (5) of section 287.0947,
  619  Florida Statutes, are amended to read:
  620         287.0947 Florida Advisory Council on Small and Minority
  621  Business Development; creation; membership; duties.—
  622         (1) On or after October 1, 1996, The Secretary of
  623  Management Services the Department of Labor and Employment
  624  Security may create the Florida Advisory Council on Small and
  625  Minority Business Development with the purpose of advising and
  626  assisting the secretary in carrying out the secretary’s duties
  627  with respect to minority businesses and economic and business
  628  development. It is the intent of the Legislature that the
  629  membership of such council include practitioners, laypersons,
  630  financiers, and others with business development experience who
  631  can provide invaluable insight and expertise for this state in
  632  the diversification of its markets and networking of business
  633  opportunities. The council shall initially consist of 19
  634  persons, each of whom is or has been actively engaged in small
  635  and minority business development, either in private industry,
  636  in governmental service, or as a scholar of recognized
  637  achievement in the study of such matters. Initially, the council
  638  shall consist of members representing all regions of the state
  639  and shall include at least one member from each group identified
  640  within the definition of “minority person” in s. 288.703(3),
  641  considering also gender and nationality subgroups, and shall
  642  consist of the following:
  643         (a) Four members consisting of representatives of local and
  644  federal small and minority business assistance programs or
  645  community development programs.
  646         (b) Eight members composed of representatives of the
  647  minority private business sector, including certified minority
  648  business enterprises and minority supplier development councils,
  649  among whom at least two shall be women and at least four shall
  650  be minority persons.
  651         (c) Two representatives of local government, one of whom
  652  shall be a representative of a large local government, and one
  653  of whom shall be a representative of a small local government.
  654         (d) Two representatives from the banking and insurance
  655  industry.
  656         (e) Two members from the private business sector,
  657  representing the construction and commodities industries.
  658         (f) The chairperson of the Florida Black Business
  659  Investment Board or the chairperson’s designee.
  660  
  661  A candidate for appointment may be considered if eligible to be
  662  certified as an owner of a minority business enterprise, or if
  663  otherwise qualified under the criteria above. Vacancies may be
  664  filled by appointment of the secretary, in the manner of the
  665  original appointment.
  666         (5) The powers and duties of the council include, but are
  667  not limited to: researching and reviewing the role of small and
  668  minority businesses in the state’s economy; reviewing issues and
  669  emerging topics relating to small and minority business economic
  670  development; studying the ability of financial markets and
  671  institutions to meet small business credit needs and determining
  672  the impact of government demands on credit for small businesses;
  673  assessing the implementation of s. 187.201(21) 187.201(22),
  674  requiring a state economic development comprehensive plan, as it
  675  relates to small and minority businesses; assessing the
  676  reasonableness and effectiveness of efforts by any state agency
  677  or by all state agencies collectively to assist minority
  678  business enterprises; and advising the Governor, the secretary,
  679  and the Legislature on matters relating to small and minority
  680  business development which are of importance to the
  681  international strategic planning and activities of this state.
  682         Section 12. Subsection (1) of section 288.021, Florida
  683  Statutes, is amended to read:
  684         288.021 Economic development liaison.—
  685         (1) The heads of the Department of Transportation, the
  686  Department of Environmental Protection and an additional member
  687  appointed by the secretary of the department, the Agency for
  688  Workforce Innovation the Department of Labor and Employment
  689  Security, the Department of Education, the Department of
  690  Community Affairs, the Department of Management Services, the
  691  Department of Revenue, the Fish and Wildlife Conservation
  692  Commission, each water management district, and each Department
  693  of Transportation District office shall designate a high-level
  694  staff member from within such agency to serve as the economic
  695  development liaison for the agency. This person shall report to
  696  the agency head and have general knowledge both of the state’s
  697  permitting and other regulatory functions and of the state’s
  698  economic goals, policies, and programs. This person shall also
  699  be the primary point of contact for the agency with the Office
  700  of Tourism, Trade, and Economic Development on issues and
  701  projects important to the economic development of Florida,
  702  including its rural areas, to expedite project review, to ensure
  703  a prompt, effective response to problems arising with regard to
  704  permitting and regulatory functions, and to work closely with
  705  the other economic development liaisons to resolve interagency
  706  conflicts.
  707         Section 13. Subsection (1) of section 288.035, Florida
  708  Statutes, is amended to read:
  709         288.035 Economic development activities.—
  710         (1) The Florida Public Service Commission may authorize
  711  public utilities to recover reasonable economic development
  712  expenses. For purposes of this section, recoverable “economic
  713  development expenses” are those expenses described in subsection
  714  (2) which are consistent with criteria to be established by
  715  rules adopted by the Department of Commerce as of June 30, 1996,
  716  or as those criteria are later modified by the Office of
  717  Tourism, Trade, and Economic Development.
  718         Section 14. Section 288.038, Florida Statutes, is repealed.
  719         Section 15. Subsections (1), (2), and (4) of section
  720  288.1168, Florida Statutes, are amended to read:
  721         288.1168 Professional golf hall of fame facility.—
  722         (1) The Office of Tourism, Trade, and Economic Development
  723  Department of Commerce shall serve as the state agency for
  724  screening applicants for state funding pursuant to s. 212.20 and
  725  for certifying one applicant as the professional golf hall of
  726  fame facility in the state.
  727         (2) Prior to certifying the professional golf hall of fame
  728  facility, the Office of Tourism, Trade, and Economic Development
  729  Department of Commerce must determine that:
  730         (a) The professional golf hall of fame facility is the only
  731  professional golf hall of fame in the United States recognized
  732  by the PGA Tour, Inc.
  733         (b) The applicant is a unit of local government as defined
  734  in s. 218.369 or a private sector group that has contracted to
  735  construct or operate the professional golf hall of fame facility
  736  on land owned by a unit of local government.
  737         (c) The municipality in which the professional golf hall of
  738  fame facility is located, or the county if the facility is
  739  located in an unincorporated area, has certified by resolution
  740  after a public hearing that the application serves a public
  741  purpose.
  742         (d) There are existing projections that the professional
  743  golf hall of fame facility will attract a paid attendance of
  744  more than 300,000 annually.
  745         (e) There is an independent analysis or study, using
  746  methodology approved by the office department, which
  747  demonstrates that the amount of the revenues generated by the
  748  taxes imposed under chapter 212 with respect to the use and
  749  operation of the professional golf hall of fame facility will
  750  equal or exceed $2 million annually.
  751         (f) The applicant has submitted an agreement to provide $2
  752  million annually in national and international media promotion
  753  of the professional golf hall of fame facility, Florida, and
  754  Florida tourism, through the PGA Tour, Inc., or its affiliates,
  755  at the then-current commercial rate, during the period of time
  756  that the facility receives funds pursuant to s. 212.20. The
  757  Office of Tourism, Trade, and Economic Development and the PGA
  758  Tour, Inc., or its affiliates, must agree annually on a
  759  reasonable percentage of advertising specifically allocated for
  760  generic Florida advertising. The Office of Tourism, Trade, and
  761  Economic Development shall have final approval of all generic
  762  advertising. Failure on the part of the PGA Tour, Inc., or its
  763  affiliates to annually provide the advertising as provided in
  764  this paragraph or subsection (6) shall result in the termination
  765  of funding as provided in s. 212.20.
  766         (g) Documentation exists that demonstrates that the
  767  applicant has provided, is capable of providing, or has
  768  financial or other commitments to provide more than one-half of
  769  the costs incurred or related to the improvement and development
  770  of the facility.
  771         (h) The application is signed by an official senior
  772  executive of the applicant and is notarized according to Florida
  773  law providing for penalties for falsification.
  774         (4) Upon determining that an applicant is or is not
  775  certifiable, the director of the Office of Tourism, Trade, and
  776  Economic Development Secretary of Commerce shall notify the
  777  applicant of his or her status by means of an official letter.
  778  If certifiable, the director secretary shall notify the
  779  executive director of the Department of Revenue and the
  780  applicant of such certification by means of an official letter
  781  granting certification. From the date of such certification, the
  782  applicant shall have 5 years to open the professional golf hall
  783  of fame facility to the public and notify the Office of Tourism,
  784  Trade, and Economic Development of such opening. The Department
  785  of Revenue shall not begin distributing funds until 30 days
  786  following notice by the Office of Tourism, Trade, and Economic
  787  Development that the professional golf hall of fame facility is
  788  open to the public.
  789         Section 16. Subsection (7) of section 288.1229, Florida
  790  Statutes, is amended to read:
  791         288.1229 Promotion and development of sports-related
  792  industries and amateur athletics; direct-support organization;
  793  powers and duties.—
  794         (7) In exercising the power provided in this section, the
  795  Office of Tourism, Trade, and Economic Development may authorize
  796  and contract with the direct-support organization existing on
  797  June 30, 1996, and authorized by the former Florida Department
  798  of Commerce to promote sports-related industries. An appointed
  799  member of the board of directors of such direct-support
  800  organization as of June 30, 1996, may serve the remainder of his
  801  or her unexpired term.
  802         Section 17. Section 288.1169, Florida Statutes, is amended
  803  to read:
  804         288.1169 International Game Fish Association World Center
  805  facility.—
  806         (1) The Office of Tourism, Trade, and Economic Development
  807  Department of Commerce shall serve as the state agency approving
  808  applicants for funding pursuant to s. 212.20 and for certifying
  809  the applicant as the International Game Fish Association World
  810  Center facility. For purposes of this section, “facility” means
  811  the International Game Fish Association World Center, and
  812  “project” means the International Game Fish Association World
  813  Center and new colocated improvements by private sector concerns
  814  who have made cash or in-kind contributions to the facility of
  815  $1 million or more.
  816         (2) Prior to certifying this facility, the office
  817  department must determine that:
  818         (a) The International Game Fish Association World Center is
  819  the only fishing museum, Hall of Fame, and international
  820  administrative headquarters in the United States recognized by
  821  the International Game Fish Association, and that one or more
  822  private sector concerns have committed to donate to the
  823  International Game Fish Association land upon which the
  824  International Game Fish Association World Center will operate.
  825         (b) International Game Fish Association is a not-for-profit
  826  Florida corporation that has contracted to construct and operate
  827  the facility.
  828         (c) The municipality in which the facility is located, or
  829  the county if the facility is located in an unincorporated area,
  830  has certified by resolution after a public hearing that the
  831  facility serves a public purpose.
  832         (d) There are existing projections that the International
  833  Game Fish Association World Center facility and the colocated
  834  facilities of private sector concerns will attract an attendance
  835  of more than 1.8 million annually.
  836         (e) There is an independent analysis or study, using
  837  methodology approved by the office department, which
  838  demonstrates that the amount of the revenues generated by the
  839  taxes imposed under chapter 212 with respect to the use and
  840  operation of the project will exceed $1 million annually.
  841         (f) There are existing projections that the project will
  842  attract more than 300,000 persons annually who are not residents
  843  of the state.
  844         (g) The applicant has submitted an agreement to provide
  845  $500,000 annually in national and international media promotion
  846  of the facility, at the then-current commercial rates, during
  847  the period of time that the facility receives funds pursuant to
  848  s. 212.20. Failure on the part of the applicant to annually
  849  provide the advertising as provided in this paragraph shall
  850  result in the termination of the funding as provided in s.
  851  212.20. The applicant can discharge its obligation under this
  852  paragraph by contracting with other persons, including private
  853  sector concerns who participate in the project.
  854         (h) Documentation exists that demonstrates that the
  855  applicant has provided, and is capable of providing, or has
  856  financial or other commitments to provide, more than one-half of
  857  the cost incurred or related to the improvements and the
  858  development of the facility.
  859         (i) The application is signed by senior officials of the
  860  International Game Fish Association and is notarized according
  861  to Florida law providing for penalties for falsification.
  862         (3) The applicant may use funds provided pursuant to s.
  863  212.20 for the purpose of paying for the construction,
  864  reconstruction, renovation, promotion, or operation of the
  865  facility, or to pay or pledge for payment of debt service on, or
  866  to fund debt service reserve funds, arbitrage rebate
  867  obligations, or other amounts payable with respect to, bonds
  868  issued for the construction, reconstruction, or renovation of
  869  the facility or for the reimbursement of such costs or by
  870  refinancing of bonds issued for such purposes.
  871         (4) Upon determining that an applicant is or is not
  872  certifiable, the Office of Tourism, Trade, and Economic
  873  Development Department of Commerce shall notify the applicant of
  874  its status by means of an official letter. If certifiable, the
  875  Office of Tourism, Trade, and Economic Development Department of
  876  Commerce shall notify the executive director of the Department
  877  of Revenue and the applicant of such certification by means of
  878  an official letter granting certification. From the date of such
  879  certification, the applicant shall have 5 years to open the
  880  facility to the public and notify the Office of Tourism, Trade,
  881  and Economic Development Department of Commerce of such opening.
  882  The Department of Revenue shall not begin distributing funds
  883  until 30 days following notice by the Office of Tourism, Trade,
  884  and Economic Development Department of Commerce that the
  885  facility is open to the public.
  886         (5) The Department of Revenue may audit as provided in s.
  887  213.34 to verify that the contributions pursuant to this section
  888  have been expended as required by this section.
  889         (6) The Office of Tourism, Trade, and Economic Development
  890  Department of Commerce must recertify every 10 years that the
  891  facility is open, that the International Game Fish Association
  892  World Center continues to be the only international
  893  administrative headquarters, fishing museum, and Hall of Fame in
  894  the United States recognized by the International Game Fish
  895  Association, and that the project is meeting the minimum
  896  projections for attendance or sales tax revenues as required at
  897  the time of original certification. If the facility is not
  898  recertified during this 10-year review as meeting the minimum
  899  projections, then funding shall be abated until certification
  900  criteria are met. If the project fails to generate $1 million of
  901  annual revenues pursuant to paragraph (2)(e), the distribution
  902  of revenues pursuant to s. 212.20(6)(d)6.d. shall be reduced to
  903  an amount equal to $83,333 multiplied by a fraction, the
  904  numerator of which is the actual revenues generated and the
  905  denominator of which is $1 million. Such reduction remains in
  906  effect until revenues generated by the project in a 12-month
  907  period equal or exceed $1 million.
  908         Section 18. Subsections (2), (4), and (5) of section
  909  331.369, Florida Statutes, are amended to read:
  910         331.369 Space Industry Workforce Initiative.—
  911         (2) Workforce Florida, Inc., The Workforce Development
  912  Board of Enterprise Florida, Inc., or its successor entity,
  913  shall coordinate development of a Space Industry Workforce
  914  Initiative in partnership with Space Florida, public and private
  915  universities, community colleges, and other training providers
  916  approved by the board. The purpose of the initiative is to use
  917  or revise existing programs and to develop innovative new
  918  programs to address the workforce needs of the aerospace
  919  industry.
  920         (4) Workforce Florida, Inc., The Workforce Development
  921  Board of Enterprise Florida, Inc., or its successor entity, with
  922  the assistance of Space Florida, shall convene representatives
  923  from the aerospace industry to identify the priority training
  924  and education needs of the industry and to appoint a team to
  925  design programs to meet the priority needs.
  926         (5) Workforce Florida, Inc., The Workforce Development
  927  Board of Enterprise Florida, Inc., or its successor entity, as
  928  part of its statutorily prescribed annual report to the
  929  Legislature, shall provide recommendations for policies,
  930  programs, and funding to enhance the workforce needs of the
  931  aerospace industry.
  932         Section 19. Paragraph (h) of subsection (5) of section
  933  377.711, Florida Statutes, is amended to read:
  934         377.711 Florida party to Southern States Energy Compact.
  935  The Southern States Energy Compact is enacted into law and
  936  entered into by the state as a party, and is of full force and
  937  effect between the state and any other states joining therein in
  938  accordance with the terms of the compact, which compact is
  939  substantially as follows:
  940         (5) POWERS.—The board shall have the power to:
  941         (h) Recommend such changes in, or amendments or additions
  942  to, the laws, codes, rules, regulations, administrative
  943  procedures and practices, or ordinances of the party states in
  944  any of the fields of its interest and competence as in its
  945  judgment may be appropriate. Any such recommendation shall be
  946  made through the appropriate state agency with due consideration
  947  of the desirability of uniformity but shall also give
  948  appropriate weight to any special circumstances that may justify
  949  variations to meet local conditions. Any such recommendation
  950  shall be made, in the case of Florida, through the Department of
  951  Commerce.
  952         Section 20. Subsection (3) of section 377.712, Florida
  953  Statutes, is amended to read:
  954         377.712 Florida participation.—
  955         (3) Departments The department, agencies, and officers of
  956  this state, and its subdivisions are authorized to cooperate
  957  with the board in the furtherance of any of its activities
  958  pursuant to the compact, provided such proposed activities have
  959  been made known to, and have the approval of, either the
  960  Governor or the Department of Health.
  961         Section 21. Subsection (1), paragraph (b) of subsection
  962  (3), and subsection (8) of section 409.2576, Florida Statutes,
  963  are amended to read:
  964         409.2576 State Directory of New Hires.—
  965         (1) DIRECTORY CREATED.—The State Directory of New Hires is
  966  hereby created and shall be administered by the Department of
  967  Revenue or its agent. The Department of Labor and Employment
  968  Security will act as the agent until a date not later than
  969  October 1, 1998. All employers in the state shall furnish a
  970  report consistent with subsection (3) for each newly hired or
  971  rehired employee unless the employee is employed by a federal or
  972  state agency performing intelligence or counterintelligence
  973  functions and the head of such agency has determined that
  974  reporting pursuant to this section could endanger the safety of
  975  the employee or compromise an ongoing investigation or
  976  intelligence mission.
  977         (3) EMPLOYERS TO FURNISH REPORTS.—
  978         (b) Upon termination of the contract with the Department of
  979  Labor and Employment Security, but not later than October 1,
  980  1998, All employers shall furnish a report to the State
  981  Directory of New Hires of the state in which the newly hired or
  982  rehired employee works. The report required in this section
  983  shall be made on a W-4 form or, at the option of the employer,
  984  an equivalent form, and can be transmitted magnetically,
  985  electronically, by first-class mail, or other methods which may
  986  be prescribed by the State Directory. Each report shall include
  987  the name, address, date of hire, and social security number of
  988  every new and rehired employee and the name, address, and
  989  federal employer identification number of the reporting
  990  employer. If available, the employer may also include the
  991  employee’s date of birth in the report. Multistate employers
  992  that report new hire information electronically or magnetically
  993  may designate a single state to which it will transmit the above
  994  noted report, provided the employer has employees in that state
  995  and the employer notifies the Secretary of Health and Human
  996  Services in writing to which state the information will be
  997  provided. Agencies of the United States Government shall report
  998  directly to the National Directory of New Hires.
  999         (8) PROVIDING INFORMATION TO NATIONAL DIRECTORY.—Not later
 1000  than October 1, 1997, The State Directory of New Hires must
 1001  furnish information regarding newly hired or rehired employees
 1002  to the National Directory of New Hires for matching with the
 1003  records of other state case registries within 3 business days of
 1004  entering such information from the employer into the State
 1005  Directory of New Hires. The State Directory of New Hires shall
 1006  enter into an agreement with the Agency for Workforce Innovation
 1007  or its tax collection service provider Florida Department of
 1008  Labor and Employment Security for the quarterly reporting to the
 1009  National Directory of New Hires information on wages and
 1010  unemployment compensation taken from the quarterly report to the
 1011  Secretary of Labor, now required by Title III of the Social
 1012  Security Act, except that no report shall be filed with respect
 1013  to an employee of a state or local agency performing
 1014  intelligence or counterintelligence functions, if the head of
 1015  such agency has determined that filing such a report could
 1016  endanger the safety of the employee or compromise an ongoing
 1017  investigation or intelligence mission.
 1018         Section 22. Section 414.24, Florida Statutes, is amended to
 1019  read:
 1020         414.24 Integrated welfare reform and child welfare
 1021  services.—The department shall develop integrated service
 1022  delivery strategies to better meet the needs of families subject
 1023  to work activity requirements who are involved in the child
 1024  welfare system or are at high risk of involvement in the child
 1025  welfare system. To the extent that resources are available, the
 1026  department and the Agency for Workforce Innovation Department of
 1027  Labor and Employment Security shall provide funds to one or more
 1028  service districts to promote development of integrated,
 1029  nonduplicative case management within the department, the Agency
 1030  for Workforce Innovation Department of Labor and Employment
 1031  Security, other participating government agencies, and community
 1032  partners. Alternative delivery systems shall be encouraged which
 1033  include well-defined, pertinent outcome measures. Other factors
 1034  to be considered shall include innovation regarding training,
 1035  enhancement of existing resources, and increased private sector
 1036  and business sector participation.
 1037         Section 23. Section 414.40, Florida Statutes, is amended to
 1038  read:
 1039         414.40 Stop Inmate Fraud Program established; guidelines.—
 1040         (1) There is created within the Department of Financial
 1041  Services Department of Law Enforcement a Stop Inmate Fraud
 1042  Program.
 1043         (2) The Department of Financial Services Department of Law
 1044  Enforcement is directed to implement the Stop Inmate Fraud
 1045  Program in accordance with the following guidelines:
 1046         (a) The program shall establish procedures for sharing
 1047  public records not exempt from the public records law among
 1048  social services agencies regarding the identities of persons
 1049  incarcerated in state correctional institutions, as defined in
 1050  s. 944.02, or in county, municipal, or regional jails or other
 1051  detention facilities of local governments under chapter 950 or
 1052  chapter 951 who are wrongfully receiving public assistance
 1053  benefits or entitlement benefits.
 1054         (b) Pursuant to these procedures, the program shall have
 1055  access to records containing correctional information not exempt
 1056  from the public records law on incarcerated persons which have
 1057  been generated as criminal justice information. As used in this
 1058  paragraph, the term “record” is defined as provided in s.
 1059  943.045(7), and the term “criminal justice information” is
 1060  defined as provided in s. 943.045(3).
 1061         (c) Database searches shall be conducted of the inmate
 1062  population at each correctional institution or other detention
 1063  facility. A correctional institution or a detention facility
 1064  shall provide the Stop Inmate Fraud Program with the information
 1065  necessary to identify persons wrongfully receiving benefits in
 1066  the medium requested by the Stop Inmate Fraud Program if the
 1067  correctional institution or detention facility maintains the
 1068  information in that medium.
 1069         (d) Data obtained from correctional institutions or other
 1070  detention facilities shall be compared with the client files of
 1071  the Department of Children and Family Services, the Agency for
 1072  Workforce Innovation Department of Labor and Employment
 1073  Security, and other state or local agencies as needed to
 1074  identify persons wrongfully obtaining benefits. Data comparisons
 1075  shall be accomplished during periods of low information demand
 1076  by agency personnel to minimize inconvenience to the agency.
 1077         (e) Results of data comparisons shall be furnished to the
 1078  appropriate office for use in the county in which the data
 1079  originated. The program may provide reports of the data it
 1080  obtains to appropriate state, federal, and local government
 1081  agencies or governmental entities, including, but not limited
 1082  to:
 1083         1. The Child Support Enforcement Program of the Department
 1084  of Revenue, so that the data may be used as locator information
 1085  on persons being sought for purposes of child support.
 1086         2. The Social Security Administration, so that the data may
 1087  be used to reduce federal entitlement fraud within the state.
 1088         (f) Reports by the program to another agency or entity
 1089  shall be generated bimonthly, or as otherwise directed, and
 1090  shall be designed to accommodate that agency’s or entity’s
 1091  particular needs for data.
 1092         (g) Only those persons with active cases, or with cases
 1093  that were active during the incarceration period, shall be
 1094  reported, in order that the funding agency or entity, upon
 1095  verification of the data, may take whatever action is deemed
 1096  appropriate.
 1097         (h) For purposes of program review and analysis, each
 1098  agency or entity receiving data from the program shall submit
 1099  reports to the program which indicate the results of how the
 1100  data was used.
 1101         Section 24. Subsection (5) of section 440.385, Florida
 1102  Statutes, is amended to read:
 1103         440.385 Florida Self-Insurers Guaranty Association,
 1104  Incorporated.—
 1105         (5) PLAN OF OPERATION.—The association shall operate
 1106  pursuant to a plan of operation approved by the board of
 1107  directors. The plan of operation must be in effect on January 1,
 1108  2002, and approved by the Department of Financial Services and
 1109  Department of Labor and Employment Security shall remain in
 1110  effect. However, any amendments to the plan shall not become
 1111  effective until approved by the department of Financial
 1112  Services.
 1113         (a) The purpose of the plan of operation shall be to
 1114  provide the association and the board of directors with the
 1115  authority and responsibility to establish the necessary programs
 1116  and to take the necessary actions to protect against the
 1117  insolvency of a member of the association. In addition, the plan
 1118  shall provide that the members of the association shall be
 1119  responsible for maintaining an adequate Insolvency Fund to meet
 1120  the obligations of insolvent members provided for under this act
 1121  and shall authorize the board of directors to contract and
 1122  employ those persons with the necessary expertise to carry out
 1123  this stated purpose. By January 1, 2003, The board of directors
 1124  shall submit to the department a proposed plan of operation for
 1125  the administration of the association. The department shall
 1126  approve the plan by order, consistent with this section. The
 1127  department shall approve any amendments to the plan, consistent
 1128  with this section, which are determined appropriate to carry out
 1129  the duties and responsibilities of the association.
 1130         (b) All member employers shall comply with the plan of
 1131  operation.
 1132         (c) The plan of operation shall:
 1133         1. Establish the procedures whereby all the powers and
 1134  duties of the association under subsection (3) will be
 1135  performed.
 1136         2. Establish procedures for handling assets of the
 1137  association.
 1138         3. Establish the amount and method of reimbursing members
 1139  of the board of directors under subsection (2).
 1140         4. Establish procedures by which claims may be filed with
 1141  the association and establish acceptable forms of proof of
 1142  covered claims. Notice of claims to the receiver or liquidator
 1143  of the insolvent employer shall be deemed notice to the
 1144  association or its agent, and a list of such claims shall be
 1145  submitted periodically to the association or similar
 1146  organization in another state by the receiver or liquidator.
 1147         5. Establish regular places and times for meetings of the
 1148  board of directors.
 1149         6. Establish procedures for records to be kept of all
 1150  financial transactions of the association and its agents and the
 1151  board of directors.
 1152         7. Provide that any member employer aggrieved by any final
 1153  action or decision of the association may appeal to the
 1154  department within 30 days after the action or decision.
 1155         8. Establish the procedures whereby recommendations of
 1156  candidates for the board of directors shall be submitted to the
 1157  department.
 1158         9. Contain additional provisions necessary or proper for
 1159  the execution of the powers and duties of the association.
 1160         (d) The plan of operation may provide that any or all of
 1161  the powers and duties of the association, except those specified
 1162  under subparagraphs (c)1. and 2., be delegated to a corporation,
 1163  association, or other organization which performs or will
 1164  perform functions similar to those of this association or its
 1165  equivalent in two or more states. Such a corporation,
 1166  association, or organization shall be reimbursed as a servicing
 1167  facility would be reimbursed and shall be paid for its
 1168  performance of any other functions of the association. A
 1169  delegation of powers or duties under this subsection shall take
 1170  effect only with the approval of both the board of directors and
 1171  the department and may be made only to a corporation,
 1172  association, or organization which extends protection which is
 1173  not substantially less favorable and effective than the
 1174  protection provided by this section.
 1175         Section 25. Paragraph (b) of subsection (9) of section
 1176  440.49, Florida Statutes, is amended to read:
 1177         440.49 Limitation of liability for subsequent injury
 1178  through Special Disability Trust Fund.—
 1179         (9) SPECIAL DISABILITY TRUST FUND.—
 1180         (b)1. The Special Disability Trust Fund shall be maintained
 1181  by annual assessments upon the insurance companies writing
 1182  compensation insurance in the state, the commercial self
 1183  insurers under ss. 624.462 and 624.4621, the assessable mutuals
 1184  as defined in s. 628.6011, and the self-insurers under this
 1185  chapter, which assessments shall become due and be paid
 1186  quarterly at the same time and in addition to the assessments
 1187  provided in s. 440.51. The department shall estimate annually in
 1188  advance the amount necessary for the administration of this
 1189  subsection and the maintenance of this fund and shall make such
 1190  assessment in the manner hereinafter provided.
 1191         2. The annual assessment shall be calculated to produce
 1192  during the ensuing fiscal year an amount which, when combined
 1193  with that part of the balance in the fund on June 30 of the
 1194  current fiscal year which is in excess of $100,000, is equal to
 1195  the average of:
 1196         a. The sum of disbursements from the fund during the
 1197  immediate past 3 calendar years, and
 1198         b. Two times the disbursements of the most recent calendar
 1199  year.
 1200  
 1201  Such amount shall be prorated among the insurance companies
 1202  writing compensation insurance in the state and the self
 1203  insurers. Provided however, for those carriers that have
 1204  excluded ceded reinsurance premiums from their assessments on or
 1205  before January 1, 2000, no assessments on ceded reinsurance
 1206  premiums shall be paid by those carriers until such time as the
 1207  former Division of Workers’ Compensation of the Department of
 1208  Labor and Employment Security or the department advises each of
 1209  those carriers of the impact that the inclusion of ceded
 1210  reinsurance premiums has on their assessment. The department may
 1211  not recover any past underpayments of assessments levied against
 1212  any carrier that on or before January 1, 2000, excluded ceded
 1213  reinsurance premiums from their assessment prior to the point
 1214  that the former Division of Workers’ Compensation of the
 1215  Department of Labor and Employment Security or the department
 1216  advises of the appropriate assessment that should have been
 1217  paid.
 1218         3. The net premiums written by the companies for workers’
 1219  compensation in this state and the net premium written
 1220  applicable to the self-insurers in this state are the basis for
 1221  computing the amount to be assessed as a percentage of net
 1222  premiums. Such payments shall be made by each carrier and self
 1223  insurer to the department for the Special Disability Trust Fund
 1224  in accordance with such regulations as the department
 1225  prescribes.
 1226         4. The Chief Financial Officer is authorized to receive and
 1227  credit to such Special Disability Trust Fund any sum or sums
 1228  that may at any time be contributed to the state by the United
 1229  States under any Act of Congress, or otherwise, to which the
 1230  state may be or become entitled by reason of any payments made
 1231  out of such fund.
 1232         Section 26. Section 446.60, Florida Statutes, is repealed.
 1233         Section 27. Section 450.161, Florida Statutes, is amended
 1234  to read:
 1235         450.161 Chapter not to affect career education of children;
 1236  other exceptions.—Nothing in this chapter shall prevent minors
 1237  of any age from receiving career education furnished by the
 1238  United States, this state, or any county or other political
 1239  subdivision of this state and duly approved by the Department of
 1240  Education or other duly constituted authority, nor any
 1241  apprentice indentured under a plan approved by the Department of
 1242  Education Division of Jobs and Benefits, or prevent the
 1243  employment of any minor 14 years of age or older when such
 1244  employment is authorized as an integral part of, or supplement
 1245  to, such a course in career education and is authorized by
 1246  regulations of the district school board of the district in
 1247  which such minor is employed, provided the employment is in
 1248  compliance with the provisions of ss. 450.021(4) and 450.061.
 1249  Exemptions for the employment of student learners 16 to 18 years
 1250  of age are provided in s. 450.061. Such an exemption shall apply
 1251  when:
 1252         (1) The student learner is enrolled in a youth vocational
 1253  training program under a recognized state or local educational
 1254  authority.
 1255         (2) Such student learner is employed under a written
 1256  agreement which provides:
 1257         (a) That the work of the student learner in the occupation
 1258  declared particularly hazardous shall be incidental to the
 1259  training.
 1260         (b) That such work shall be intermittent and for short
 1261  periods of time and under the direct and close supervision of a
 1262  qualified and experienced person.
 1263         (c) That safety instructions shall be given by the school
 1264  and correlated by the employer with on-the-job training.
 1265         (d) That a schedule of organized and progressive work
 1266  processes to be performed on the job shall have been prepared.
 1267  
 1268  Each such written agreement shall contain the name of the
 1269  student learner and shall be signed by the employer, the school
 1270  coordinator and principal, and the parent or legal guardian.
 1271  Copies of each agreement shall be kept on file by both the
 1272  school and the employer. This exemption for the employment of
 1273  student learners may be revoked in any individual situation when
 1274  it is found that reasonable precautions have not been observed
 1275  for the safety of minors employed thereunder. A high school
 1276  graduate may be employed in an occupation in which he or she has
 1277  completed training as a student learner, as provided in this
 1278  section, even though he or she is not yet 18 years of age.
 1279         Section 28. Paragraph (d) of subsection (1) of section
 1280  464.203, Florida Statutes, is amended to read:
 1281         464.203 Certified nursing assistants; certification
 1282  requirement.—
 1283         (1) The board shall issue a certificate to practice as a
 1284  certified nursing assistant to any person who demonstrates a
 1285  minimum competency to read and write and successfully passes the
 1286  required background screening pursuant to s. 400.215 and meets
 1287  one of the following requirements:
 1288         (d) Has completed the curriculum developed by the
 1289  Department of Education under the Enterprise Florida Jobs and
 1290  Education Partnership Grant and achieved a minimum score,
 1291  established by rule of the board, on the nursing assistant
 1292  competency examination, which consists of a written portion and
 1293  skills-demonstration portion, approved by the board and
 1294  administered at a site and by personnel approved by the
 1295  department.
 1296         Section 29. Subsection (1) of section 489.1455, Florida
 1297  Statutes, is amended to read:
 1298         489.1455 Journeyman; reciprocity; standards.—
 1299         (1) An individual who holds a valid, active journeyman
 1300  license in the plumbing/pipe fitting, mechanical, or HVAC trades
 1301  issued by any county or municipality in this state may work as a
 1302  journeyman in the trade in which he or she is licensed in any
 1303  county or municipality of this state without taking an
 1304  additional examination or paying an additional license fee, if
 1305  he or she:
 1306         (a) Has scored at least 70 percent, or after October 1,
 1307  1997, at least 75 percent, on a proctored journeyman Block and
 1308  Associates examination or other proctored examination approved
 1309  by the board for the trade in which he or she is licensed;
 1310         (b) Has completed an apprenticeship program registered with
 1311  a registration agency defined in 29 C.F.R. 29.2 the Department
 1312  of Labor and Employment Security and demonstrates 4 years’
 1313  verifiable practical experience in the trade for which he or she
 1314  is licensed, or demonstrates 6 years’ verifiable practical
 1315  experience in the trade for which he or she is licensed;
 1316         (c) Has satisfactorily completed specialized and advanced
 1317  module coursework approved by the Florida Building Commission,
 1318  as part of the building code training program established in s.
 1319  553.841, specific to the discipline or, pursuant to
 1320  authorization by the certifying authority, provides proof of
 1321  completion of such coursework within 6 months after such
 1322  certification; and
 1323         (d) Has not had a license suspended or revoked within the
 1324  last 5 years.
 1325         Section 30. Subsection (1) of section 489.5335, Florida
 1326  Statutes, is amended to read:
 1327         489.5335 Journeyman; reciprocity; standards.—
 1328         (1) An individual who holds a valid, active journeyman
 1329  license in the electrical trade issued by any county or
 1330  municipality in this state may work as a journeyman in any other
 1331  county or municipality of this state without taking an
 1332  additional examination or paying an additional license fee, if
 1333  he or she:
 1334         (a) Has scored at least 70 percent, or after October 1,
 1335  1997, at least 75 percent, on a proctored journeyman Block and
 1336  Associates examination or other proctored examination approved
 1337  by the board for the electrical trade;
 1338         (b) Has completed an apprenticeship program registered with
 1339  a registration agency defined in 29 C.F.R. 29.2 the Department
 1340  of Labor and Employment Security and demonstrates 4 years’
 1341  verifiable practical experience in the electrical trade, or
 1342  demonstrates 6 years’ verifiable practical experience in the
 1343  electrical trade;
 1344         (c) Has satisfactorily completed specialized and advanced
 1345  module coursework approved by the Florida Building Commission,
 1346  as part of the building code training program established in s.
 1347  553.841, specific to the discipline, or, pursuant to
 1348  authorization by the certifying authority, provides proof of
 1349  completion of such curriculum or coursework within 6 months
 1350  after such certification; and
 1351         (d) Has not had a license suspended or revoked within the
 1352  last 5 years.
 1353         Section 31. Section 553.62, Florida Statutes, is amended to
 1354  read:
 1355         553.62 State standard.—The Occupational Safety and Health
 1356  Administration’s excavation safety standards, 29 C.F.R. s.
 1357  1926.650 Subpart P, are hereby incorporated as the state
 1358  standard. The Department of Labor and Employment Security may,
 1359  by rule, adopt updated or revised versions of those standards,
 1360  provided that the updated or revised versions are consistent
 1361  with the intent expressed in this act and s. 553.72, and are not
 1362  otherwise inconsistent with state law. Any rule adopted as
 1363  provided in this section shall be complied with upon its
 1364  effective date.
 1365         Section 32. Subsection (1) of section 597.006, Florida
 1366  Statutes, is amended to read:
 1367         597.006 Aquaculture Interagency Coordinating Council.—
 1368         (1) CREATION.—The Legislature finds and declares that there
 1369  is a need for interagency coordination with regard to
 1370  aquaculture by the following agencies: the Department of
 1371  Agriculture and Consumer Services; the Office of Tourism, Trade,
 1372  and Economic Development; the Department of Community Affairs;
 1373  the Department of Environmental Protection; the Department of
 1374  Labor and Employment Security; the Fish and Wildlife
 1375  Conservation Commission; the statewide consortium of
 1376  universities under the Florida Institute of Oceanography;
 1377  Florida Agricultural and Mechanical University; the Institute of
 1378  Food and Agricultural Sciences at the University of Florida; and
 1379  the Florida Sea Grant Program. It is therefore the intent of the
 1380  Legislature to hereby create an Aquaculture Interagency
 1381  Coordinating Council to act as an advisory body as defined in s.
 1382  20.03(9).
 1383         Section 33. Subsection (5) of section 944.012, Florida
 1384  Statutes, is amended to read:
 1385         944.012 Legislative intent.—The Legislature hereby finds
 1386  and declares that:
 1387         (5) In order to make the correctional system an efficient
 1388  and effective mechanism, the various agencies involved in the
 1389  correctional process must coordinate their efforts. Where
 1390  possible, interagency offices should be physically located
 1391  within major institutions and should include representatives of
 1392  the public employment service the Florida State Employment
 1393  Service, the vocational rehabilitation programs of the
 1394  Department of Education, and the Parole Commission. Duplicative
 1395  and unnecessary methods of evaluating offenders must be
 1396  eliminated and areas of responsibility consolidated in order to
 1397  more economically utilize present scarce resources.
 1398         Section 34. Section 944.708, Florida Statutes, is amended
 1399  to read:
 1400         944.708 Rules.—The Department of Corrections and the Agency
 1401  for Workforce Innovation shall adopt rules to implement the
 1402  provisions of ss. 944.701-944.707.
 1403         Section 35. Sections 255.551, 255.552, 255.553, 255.5535,
 1404  255.555, 255.556, 255.557, 255.558, 255.559, 255.56, 255.561,
 1405  255.562, and 255.563, Florida Statutes, are repealed.
 1406         Section 36. Paragraph (e) of subsection (1) of section
 1407  469.002, Florida Statutes, is amended to read:
 1408         469.002 Exemptions.—
 1409         (1) This chapter does not apply to:
 1410         (e) An authorized employee of the United States, this
 1411  state, or any municipality, county, or other political
 1412  subdivision who has completed all training required by NESHAP
 1413  and OSHA or by ASHARA for the activities described in this
 1414  paragraph, while engaged in asbestos-related activities set
 1415  forth in s. 255.5535 and asbestos-related activities involving
 1416  the demolition of a building owned by that governmental unit,
 1417  where such activities are within the scope of that employment
 1418  and the employee does not hold out for hire or otherwise engage
 1419  in asbestos abatement, contracting, or consulting.
 1420         Section 37. Paragraph (b) of subsection (2) of section
 1421  469.003, Florida Statutes, is repealed.
 1422         Section 38. Sections 39.0015, 39.305, 39.311, 39.312,
 1423  39.313, 39.314, 39.315, 39.316, 39.317, 39.318, 39.816, 39.817,
 1424  383.0115, 393.22, 393.503, 394.922, 402.3045, 402.50, 402.55,
 1425  409.1672, 409.1673, 409.1685, 409.801, 409.802, and 409.803,
 1426  Florida Statutes, are repealed.
 1427         Section 39. Paragraph (a) of subsection (4) of section
 1428  20.195, Florida Statutes, is amended to read:
 1429         20.195 Department of Children and Family Services; trust
 1430  funds.—The following trust funds shall be administered by the
 1431  Department of Children and Family Services:
 1432         (4) Domestic Violence Trust Fund.
 1433         (a) Funds to be credited to and uses of the trust fund
 1434  shall be administered in accordance with the provisions of s.
 1435  28.101, part XII XIII of chapter 39, and chapter 741.
 1436         Section 40. Subsection (1) of section 39.00145, Florida
 1437  Statutes, is amended to read:
 1438         39.00145 Records concerning children.—
 1439         (1) The case record of every child under the supervision of
 1440  or in the custody of the department, the department’s authorized
 1441  agents, or providers contracting with the department, including
 1442  community-based care lead agencies and their subcontracted
 1443  providers, must be maintained in a complete and accurate manner.
 1444  The case record must contain, at a minimum, the child’s case
 1445  plan required under part VII VIII of this chapter and the full
 1446  name and street address of all shelters, foster parents, group
 1447  homes, treatment facilities, or locations where the child has
 1448  been placed.
 1449         Section 41. Subsection (10) of section 39.0121, Florida
 1450  Statutes, is amended to read:
 1451         39.0121 Specific rulemaking authority.—Pursuant to the
 1452  requirements of s. 120.536, the department is specifically
 1453  authorized to adopt, amend, and repeal administrative rules
 1454  which implement or interpret law or policy, or describe the
 1455  procedure and practice requirements necessary to implement this
 1456  chapter, including, but not limited to, the following:
 1457         (10) The Family Builders Program, the Intensive Crisis
 1458  Counseling Program, and any other early intervention programs
 1459  and kinship care assistance programs.
 1460         Section 42. Paragraph (a) of subsection (15) of section
 1461  39.301, Florida Statutes, is amended to read:
 1462         39.301 Initiation of protective investigations.—
 1463         (15)(a) If the department or its agent determines that a
 1464  child requires immediate or long-term protection through:
 1465         1. Medical or other health care; or
 1466         2. Homemaker care, day care, protective supervision, or
 1467  other services to stabilize the home environment, including
 1468  intensive family preservation services through the Family
 1469  Builders Program or the Intensive Crisis Counseling Program, or
 1470  both,
 1471  
 1472  such services shall first be offered for voluntary acceptance
 1473  unless there are high-risk factors that may impact the ability
 1474  of the parents or legal custodians to exercise judgment. Such
 1475  factors may include the parents’ or legal custodians’ young age
 1476  or history of substance abuse or domestic violence.
 1477         Section 43. Section 39.3031, Florida Statutes, is amended
 1478  to read:
 1479         39.3031 Rules for implementation of s. ss. 39.303 and
 1480  39.305.—The Department of Health, in consultation with the
 1481  Department of Children and Family Services, shall adopt rules
 1482  governing the child protection teams and the sexual abuse
 1483  treatment program pursuant to s. ss. 39.303 and 39.305,
 1484  including definitions, organization, roles and responsibilities,
 1485  eligibility, services and their availability, qualifications of
 1486  staff, and a waiver-request process.
 1487         Section 44. Subsection (13) of section 49.011, Florida
 1488  Statutes, is amended to read:
 1489         49.011 Service of process by publication; cases in which
 1490  allowed.—Service of process by publication may be made in any
 1491  court on any party identified in s. 49.021 in any action or
 1492  proceeding:
 1493         (13) For termination of parental rights pursuant to part
 1494  VIII IX of chapter 39 or chapter 63.
 1495         Section 45. Subsection (18) of section 381.006, Florida
 1496  Statutes, is amended to read:
 1497         381.006 Environmental health.—The department shall conduct
 1498  an environmental health program as part of fulfilling the
 1499  state’s public health mission. The purpose of this program is to
 1500  detect and prevent disease caused by natural and manmade factors
 1501  in the environment. The environmental health program shall
 1502  include, but not be limited to:
 1503         (18) A food service inspection function for domestic
 1504  violence centers that are certified and monitored by the
 1505  Department of Children and Family Services under part XII XIII
 1506  of chapter 39 and group care homes as described in subsection
 1507  (16), which shall be conducted annually and be limited to the
 1508  requirements in department rule applicable to community-based
 1509  residential facilities with five or fewer residents.
 1510  
 1511  The department may adopt rules to carry out the provisions of
 1512  this section.
 1513         Section 46. Paragraph (b) of subsection (1) of section
 1514  381.0072, Florida Statutes, is amended to read:
 1515         381.0072 Food service protection.—It shall be the duty of
 1516  the Department of Health to adopt and enforce sanitation rules
 1517  consistent with law to ensure the protection of the public from
 1518  food-borne illness. These rules shall provide the standards and
 1519  requirements for the storage, preparation, serving, or display
 1520  of food in food service establishments as defined in this
 1521  section and which are not permitted or licensed under chapter
 1522  500 or chapter 509.
 1523         (1) DEFINITIONS.—As used in this section, the term:
 1524         (b) “Food service establishment” means detention
 1525  facilities, public or private schools, migrant labor camps,
 1526  assisted living facilities, adult family-care homes, adult day
 1527  care centers, short-term residential treatment centers,
 1528  residential treatment facilities, homes for special services,
 1529  transitional living facilities, crisis stabilization units,
 1530  hospices, prescribed pediatric extended care centers,
 1531  intermediate care facilities for persons with developmental
 1532  disabilities, boarding schools, civic or fraternal
 1533  organizations, bars and lounges, vending machines that dispense
 1534  potentially hazardous foods at facilities expressly named in
 1535  this paragraph, and facilities used as temporary food events or
 1536  mobile food units at any facility expressly named in this
 1537  paragraph, where food is prepared and intended for individual
 1538  portion service, including the site at which individual portions
 1539  are provided, regardless of whether consumption is on or off the
 1540  premises and regardless of whether there is a charge for the
 1541  food. The term does not include any entity not expressly named
 1542  in this paragraph; nor does the term include a domestic violence
 1543  center certified and monitored by the Department of Children and
 1544  Family Services under part XII XIII of chapter 39 if the center
 1545  does not prepare and serve food to its residents and does not
 1546  advertise food or drink for public consumption.
 1547         Section 47. Paragraph (b) of subsection (2) of section
 1548  390.01114, Florida Statutes, is amended to read:
 1549         390.01114 Parental Notice of Abortion Act.—
 1550         (2) DEFINITIONS.—As used in this section, the term:
 1551         (b) “Child abuse” means abandonment, abuse, harm, mental
 1552  injury, neglect, physical injury, or sexual abuse of a child as
 1553  those terms are defined in ss. 39.01, 827.04, and 984.03 has the
 1554  same meaning as s. 39.0015(3).
 1555         Section 48. Section 409.1685, Florida Statutes, is amended
 1556  to read:
 1557         409.1685 Children in foster care; annual report to
 1558  Legislature.—The Department of Children and Family Services
 1559  shall submit a written report to the Governor and the
 1560  Legislature concerning the status of children in foster care and
 1561  the judicial review mandated by part IX X of chapter 39. The
 1562  report shall be submitted by May 1 of each year and must include
 1563  the following information for the prior calendar year:
 1564         (1) The number of 6-month and annual judicial reviews
 1565  completed during that period.
 1566         (2) The number of children in foster care returned to a
 1567  parent, guardian, or relative as a result of a 6-month or annual
 1568  judicial review hearing during that period.
 1569         (3) The number of termination of parental rights
 1570  proceedings instituted during that period, including:
 1571         (a) The number of termination of parental rights
 1572  proceedings initiated pursuant to former s. 39.703; and
 1573         (b) The total number of terminations of parental rights
 1574  ordered.
 1575         (4) The number of foster care children placed for adoption.
 1576         Section 49. Paragraph (a) of subsection (3) of section
 1577  411.01013, Florida Statutes, is amended to read:
 1578         411.01013 Prevailing market rate schedule.—
 1579         (3) The prevailing market rate schedule, at a minimum,
 1580  must:
 1581         (a) Differentiate rates by type, including, but not limited
 1582  to, a child care provider that holds a Gold Seal Quality Care
 1583  designation under s. 402.281, a child care facility licensed
 1584  under s. 402.305, a public or nonpublic school exempt from
 1585  licensure under s. 402.3025, a faith-based child care facility
 1586  exempt from licensure under s. 402.316 that does not hold a Gold
 1587  Seal Quality Care designation, a large family child care home
 1588  licensed under s. 402.3131, or a family day care home licensed
 1589  or registered under s. 402.313, or an after-school program that
 1590  is not defined as child care under rules adopted pursuant to s.
 1591  402.3045.
 1592         Section 50. Paragraph (j) of subsection (2) of section
 1593  753.03, Florida Statutes, is redesignated as paragraph (i), and
 1594  present paragraph (i) of that subsection is amended to read:
 1595         753.03 Standards for supervised visitation and supervised
 1596  exchange programs.—
 1597         (2) The clearinghouse shall use an advisory board to assist
 1598  in developing the standards. The advisory board must include:
 1599         (i)A representative of the Commission on Marriage and
 1600  Family Support Initiatives.
 1601         Section 51. Subsection (4) of section 877.22, Florida
 1602  Statutes, is amended to read:
 1603         877.22 Minors prohibited in public places and
 1604  establishments during certain hours; penalty; procedure.—
 1605         (4) If a minor violates a curfew and is taken into custody,
 1606  the minor shall be transported immediately to a police station
 1607  or to a facility operated by a religious, charitable, or civic
 1608  organization that conducts a curfew program in cooperation with
 1609  a local law enforcement agency. After recording pertinent
 1610  information about the minor, the law enforcement agency shall
 1611  attempt to contact the parent of the minor and, if successful,
 1612  shall request that the parent take custody of the minor and
 1613  shall release the minor to the parent. If the law enforcement
 1614  agency is not able to contact the minor’s parent within 2 hours
 1615  after the minor is taken into custody, or if the parent refuses
 1616  to take custody of the minor, the law enforcement agency may
 1617  transport the minor to her or his residence or proceed as
 1618  authorized under part IV V of chapter 39.
 1619         Section 52. Section 288.386, Florida Statutes, is repealed.
 1620         Section 53. Section 288.9618, Florida Statutes, is
 1621  repealed.
 1622         Section 54. Section 288.982, Florida Statutes, is repealed.
 1623         Section 55. Section 409.946, Florida Statute, is repealed.
 1624         Section 56. Paragraphs (c), (d), and (e) of subsection (2)
 1625  of section 288.012, Florida Statutes, are amended to read:
 1626         288.012 State of Florida foreign offices.—The Legislature
 1627  finds that the expansion of international trade and tourism is
 1628  vital to the overall health and growth of the economy of this
 1629  state. This expansion is hampered by the lack of technical and
 1630  business assistance, financial assistance, and information
 1631  services for businesses in this state. The Legislature finds
 1632  that these businesses could be assisted by providing these
 1633  services at State of Florida foreign offices. The Legislature
 1634  further finds that the accessibility and provision of services
 1635  at these offices can be enhanced through cooperative agreements
 1636  or strategic alliances between state entities, local entities,
 1637  foreign entities, and private businesses.
 1638         (2) Each foreign office shall have in place an operational
 1639  plan approved by the participating boards or other governing
 1640  authority, a copy of which shall be provided to the Office of
 1641  Tourism, Trade, and Economic Development. These operating plans
 1642  shall be reviewed and updated each fiscal year and shall
 1643  include, at a minimum, the following:
 1644         (c) Provisions for access to information for Florida
 1645  businesses related to through the Florida Trade Data Center.
 1646  Each foreign office shall obtain and forward trade leads and
 1647  inquiries to the center on a regular basis.
 1648         (d) Identification of new and emerging market opportunities
 1649  for Florida businesses. Each foreign office shall provide the
 1650  Florida Trade Data Center with a compilation of foreign buyers
 1651  and importers in industry sector priority areas on an annual
 1652  basis. In return, the Florida Trade Data Center shall make
 1653  available to each foreign office, and to Enterprise Florida,
 1654  Inc., the Florida Commission on Tourism, the Florida Ports
 1655  Council, the Department of State, the Department of Citrus, and
 1656  the Department of Agriculture and Consumer Services, trade
 1657  industry, commodity, and opportunity information. This
 1658  information shall be provided to such offices and entities
 1659  either free of charge or on a fee basis with fees set only to
 1660  recover the costs of providing the information.
 1661         (e) Provision of access for Florida businesses to the
 1662  services of the Florida Trade Data Center, international trade
 1663  assistance services provided by state and local entities,
 1664  seaport and airport information, and other services identified
 1665  by the Office of Tourism, Trade, and Economic Development.
 1666         Section 57. Paragraph (a) of subsection (3) of section
 1667  311.07, Florida Statutes, is amended to read:
 1668         311.07 Florida seaport transportation and economic
 1669  development funding.—
 1670         (3)(a) Program funds shall be used to fund approved
 1671  projects on a 50-50 matching basis with any of the deepwater
 1672  ports, as listed in s. 403.021(9)(b), which is governed by a
 1673  public body or any other deepwater port which is governed by a
 1674  public body and which complies with the water quality provisions
 1675  of s. 403.061, the comprehensive master plan requirements of s.
 1676  163.3178(2)(k), and the local financial management and reporting
 1677  provisions of part III of chapter 218. However, program funds
 1678  used to fund projects that involve the rehabilitation of
 1679  wharves, docks, berths, bulkheads, or similar structures shall
 1680  require a 25-percent match of funds. Program funds also may be
 1681  used by the Seaport Transportation and Economic Development
 1682  Council to develop with the Florida Trade Data Center such trade
 1683  data information products which will assist Florida’s seaports
 1684  and international trade.
 1685         Section 58. Section 402.35, Florida Statutes, is amended to
 1686  read:
 1687         402.35 Employees.—All personnel of the Department of
 1688  Children and Family Services shall be governed by rules and
 1689  regulations adopted and promulgated by the Department of
 1690  Management Services relative thereto except the director and
 1691  persons paid on a fee basis. The Department of Children and
 1692  Family Services may participate with other state departments and
 1693  agencies in a joint merit system. No federal, state, county, or
 1694  municipal officer shall be eligible to serve as an employee of
 1695  the Department of Children and Family Services.
 1696         Section 59. This act shall take effect July 1, 2011.