The Florida Senate

23.12  Short title.

23.121  Policy and purpose.

23.1225  Mutual aid agreements.

23.1231  Florida Mutual Aid Plan; powers and duties.

23.127  Powers, privileges, and immunities.

23.12  Short title.--This part may be cited as the "Florida Mutual Aid Act."

History.--s. 1, ch. 69-112; s. 1, ch. 92-165.

23.121  Policy and purpose.--

(1)  Because of the existing and continuing possibility of the occurrence of natural or manmade disasters or emergencies and other major law enforcement problems, including those that cross jurisdictional lines, and in order to ensure that preparations of this state will be adequate to deal with such activity, protect the public peace and safety, and preserve the lives and property of the people of the state, it is found and declared to be necessary:

(a)  To create a state law enforcement mutual aid plan which provides for the command and coordination of law enforcement planning, operations, and mutual aid;

(b)  To provide for the coordination of the dispatch and use of state law enforcement and Florida National Guard personnel and equipment because of natural or manmade disasters or emergencies whenever a local law enforcement agency requires law enforcement assistance from the state or any other jurisdiction;

(c)  To provide for a system for the receipt and dissemination of information, data, and directives pertaining to activities among law enforcement agencies;

(d)  To prescribe a procedure for the inventory of all law enforcement personnel, facilities, and equipment in the state;

(e)  To collect and disseminate information and intelligence relating to disasters or emergencies, either existing or pending;

(f)  To preplan distribution and allocation of state resources in support of the overall law enforcement mission; and

(g)  To allow a law enforcement agency to enter into a mutual aid agreement with another law enforcement agency of this state or any other state or with any law enforcement agency of the United States or its territories.

(2)  It is further declared to be the purpose of this part to authorize the establishment of such organization and the development and employment of such measures as are necessary and appropriate to carry out the provisions of this part.

History.--s. 2, ch. 69-112; s. 1, ch. 81-142; s. 2, ch. 92-165; s. 1, ch. 93-211.

23.1225  Mutual aid agreements.--

(1)  The term "mutual aid agreement," as used in this part, refers to one of the following types of agreement:

(a)  A voluntary cooperation written agreement between two or more law enforcement agencies, or between one or more law enforcement agencies and either a school board that employs school safety officers or a state university that employs or appoints university police officers in accordance with s. 240.268, which agreement permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. The agreement must specify the nature of the law enforcement assistance to be rendered, the agency or entity that shall bear any liability arising from acts undertaken under the agreement, the procedures for requesting and for authorizing assistance, the agency or entity that has command and supervisory responsibility, a time limit for the agreement, the amount of any compensation or reimbursement to the assisting agency or entity, and any other terms and conditions necessary to give it effect. Examples of law enforcement activities that may be addressed in a voluntary cooperation written agreement include establishing a joint city-county task force on narcotics smuggling or authorizing school safety officers to enforce laws in an area within 1,000 feet of a school or school board property.

(b)  A requested operational assistance written agreement between two or more law enforcement agencies, or between one or more law enforcement agencies and either a school board that employs school safety officers or a state university that employs or appoints university police officers in accordance with s. 240.268, which agreement is for the rendering of assistance in a law enforcement emergency. The agreement must specify the nature of the law enforcement assistance to be rendered, the agency or entity that shall bear any liability arising from acts undertaken under the agreement, the procedures for requesting and for authorizing assistance, the agency or entity that has command and supervisory responsibility, a time limit for the agreement, the amount of any compensation or reimbursement to the assisting agency or entity, and any other terms and conditions necessary to give it effect. An example of the use of a requested operational assistance written agreement is to meet a request for assistance due to a civil disturbance or other emergency as defined in s. 252.34.

(c)  A combination of the agreements described in paragraphs (a) and (b).

(2)  A mutual aid agreement may allow for discretion by the parties as to when, whether, and to what extent assistance will be available.

(3)  A mutual aid agreement may be entered into by:

(a)  A sheriff;

(b)  A mayor or chief executive officer of a municipality or county on behalf of a law enforcement agency, if authorized by the governing body of the municipality or county;

(c)  A school board that employs school safety officers; or

(d)  A state university that employs or appoints university police officers in accordance with s. 240.268.

(4)  A copy of a mutual aid agreement must be filed with the Department of Law Enforcement within 14 days after it is signed.

(5)  In the event of a disaster or emergency such that a state of emergency is declared by the Governor pursuant to chapter 252, the requirement that a requested operational assistance agreement be a written agreement for rendering of assistance in a law enforcement emergency may be waived by the participating agencies for a period of up to 90 days from the declaration of the disaster.

(a)  When a law enforcement agency, a school board employing school safety officers, or a state university employing or appointing university police officers in accordance with s. 240.268 lends assistance pursuant to this subsection, all powers, privileges, and immunities listed in s. 23.127, except with regard to interstate mutual aid agreements, apply to the agency or entity, provided that the law enforcement, school board, or university employees rendering services are being requested and coordinated by the affected local law enforcement executive in charge of law enforcement operations.

(b)  A listing of such agencies or entities and the officers and employees of such agencies or entities rendering assistance pursuant to this subsection must be maintained by the agency or entity requesting such assistance and filed at the end of the 90-day period with the Florida Department of Law Enforcement.

History.--s. 2, ch. 81-142; s. 7, ch. 83-217; s. 1, ch. 83-334; s. 1, ch. 87-380; s. 3, ch. 92-165; s. 2, ch. 93-211; s. 1, ch. 96-276; s. 1, ch. 98-183.

23.1231  Florida Mutual Aid Plan; powers and duties.--

(1)  The Florida Mutual Aid Plan must prepare for the distribution and allocation of state resources, including the Florida National Guard, in support of the overall law enforcement mission. The plan shall be administered by the Department of Law Enforcement to implement the policy and purposes set forth in s. 23.121.

(2)  The executive director of the Department of Law Enforcement acting under the Governor as the state's chief law enforcement officer is the director of the Florida Mutual Aid Plan. The director of the Florida Mutual Aid Plan shall:

(a)  Coordinate, integrate, and implement law enforcement planning and activities for the use of mutual aid and state resources;

(b)  Coordinate the organization and direction of the law enforcement services of the Florida Mutual Aid Plan;

(c)  Coordinate and implement the gathering and collection of information and intelligence relating to law enforcement mutual aid or assistance from state agencies to support local law enforcement agencies in any local disaster or emergency, and provide information to state and local law enforcement agencies;

(d)  During a state of emergency declared by the Governor under chapter 252, command, control, and coordinate all state law enforcement personnel and equipment to support local law enforcement agencies;

(e)  Act as the liaison with the Division of the Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles in order to coordinate and integrate plans for traffic control and the participation of the department in the law enforcement operation;

(f)  Serve as liaison and guide the flow of requests from local law enforcement for requesting law enforcement services from the Florida National Guard;

(g)  Serve as liaison to the Governor, federal and state departments and agencies, and local law enforcement officials in order to achieve close coordination and cooperation in planning and operations in trouble areas;

(h)  Guide the flow of law enforcement information from federal and state organizations to local law enforcement officials;

(i)  Serve as liaison to the Attorney General in order to keep him or her informed of changes in law enforcement plans and regulations, mutual aid agreements, and current developments in all situations from a legal standpoint; and

(j)  Do other things necessary for the implementation of this part.

(3)  The department may:

(a)  Maintain an inventory of all state and local law enforcement resources and the resources of the Florida National Guard, as directed by the director of the Florida Mutual Aid Plan;

(b)  Provide technical assistance to state and local agencies in making inventories of their resources, planning, and preparing mutual aid agreements;

(c)  Draft rules for mutual aid agreements;

(d)  Conduct surveys as necessary to carry out the purposes of this part; and

(e)  Do other things necessary for the implementation of this act.

History.--s. 3, ch. 81-142; s. 2, ch. 87-380; s. 5, ch. 92-165; s. 3, ch. 93-211; s. 87, ch. 95-147.

23.127  Powers, privileges, and immunities.--

(1)  Any employee of any Florida law enforcement agency who renders aid outside the employee's jurisdiction but inside this state pursuant to the written agreement entered under this part has the same powers, duties, rights, privileges, and immunities as if the employee was performing duties inside the employee's jurisdiction. Any employee rendering aid pursuant to an interstate mutual aid agreement entered under this part shall have such powers, duties, rights, privileges, and immunities as the parties agree are consistent with the laws of the jurisdictions involved and with the purposes for which such agreement was entered.

(2)  A political subdivision that furnishes equipment pursuant to this part must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment unless otherwise provided in the written agreement entered under this part. The political subdivision furnishing aid pursuant to this part shall compensate its employees during the time of the rendering of aid and shall defray the actual travel and maintenance expenses of its employees while they are rendering aid, including any amounts paid or due for compensation for personal injury or death while its employees are rendering aid, unless otherwise provided in the agreement entered under this part.

(3)  The privileges and immunities from liability, exemption from laws, ordinances, and rules, and pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of the mutual aid agreement. This section applies to paid, volunteer, and auxiliary employees.

(4)  A mutual aid agreement between law enforcement agencies in this state and any law enforcement agencies of another state or of the United States or its territories has the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the law enforcement agencies party thereto are real parties in interest and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability that it incurs by reason of being joined as a party therein. Such action is maintainable against any public agency or agencies whose acts or omissions caused or contributed to the incurring of damages or liability by the state.

History.--s. 8, ch. 69-112; s. 48, ch. 79-40; s. 4, ch. 81-142; s. 4, ch. 92-165; s. 4, ch. 93-211.

23.140  Southern Growth Policies Agreement.

23.140  Southern Growth Policies Agreement.--The Southern Growth Policies Agreement is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows:

FINDINGS AND PURPOSES.--

(a)  The party states find that the South has a sense of community based on common social, cultural, and economic needs and fostered by a regional tradition. There are vast potentialities for mutual improvement of each state in the region by cooperative planning for the development, conservation, and efficient utilization of human and natural resources in a geographic area large enough to afford a high degree of flexibility in identifying and taking maximum advantage of opportunities for healthy and beneficial growth. The independence of each state and the special needs of subregions are recognized and are to be safeguarded. Accordingly, the cooperation resulting from this agreement is intended to assist the states in meeting their own problems by enhancing their abilities to recognize and analyze regional opportunities and take account of regional influences in planning and implementing their public policies.

(b)  The purposes of this agreement are to provide:

1.  Improved facilities and procedures for study, analysis, and planning of governmental policies, programs, and activities of regional significance.

2.  Assistance in the prevention of interstate conflicts and the promotion of regional cooperation.

3.  Mechanisms for the coordination of state and local interests on a regional basis.

4.  An agency to assist the states in accomplishing the foregoing.

THE BOARD.--

(a)  There is hereby created the Southern Growth Policies Board, hereinafter called "the board."

(b)  The board shall consist of five members from each party state, as follows:

1.  The governor.

2.  Two members of the state legislature, one appointed by the presiding officer of each house of the legislature or in such other manner as the legislature may provide.

3.  Two residents of the state who shall be appointed by the governor to serve at his or her pleasure.

(c)  In making appointments pursuant to paragraph (b)3., a governor shall, to the greatest extent practicable, select persons who, along with the other members serving pursuant to paragraph (b), will make the state's representation on the board broadly representative of the several socioeconomic elements within the state.

(d)1.  A governor may be represented by an alternate with power to act in his or her place and stead, if notice of the designation of such alternate is given to the board in such manner as its bylaws may provide.

2.  A legislative member of the board may be represented by an alternate with power to act in his or her place and stead, unless the laws of the state prohibit such representation and if notice of the designation of such alternate is given to the board in such manner as its bylaws may provide. An alternate for a legislative member of the board shall be selected by the member from among the members of the legislative house in which he or she serves.

3.  A member of the board serving pursuant to paragraph (b)3. of this article may be represented by another resident of the state who may participate in his or her place and stead, except that he or she shall not vote; provided that notice of the identity and designation of the representative selected by the member is given to the board in such manner as its bylaws may provide.

POWERS.--

(a)  The board shall prepare and keep current a statement of regional objectives, including recommended approaches to regional problems. The statement may also identify projects deemed by the board to be of regional significance. The statement shall be available in its initial form 2 years from the effective date of this agreement and shall be amended or revised no less frequently than once every 6 years. The statement shall be in such detail as the board may prescribe. Amendments, revisions, supplements, or evaluations may be transmitted at any time. An annual commentary on the statement shall be submitted at a regular time to be determined by the board.

(b)  In addition to powers conferred on the board elsewhere in this agreement, the board shall have the power to make or commission studies, investigations, and recommendations with respect to:

1.  The planning and programming of projects of interstate or regional significance.

2.  Planning and scheduling of governmental services and programs which would be of assistance to the orderly growth and prosperity of the region, and to the well-being of its population.

3.  Effective utilization of such federal assistance as may be available on a regional basis or as may have an interstate or regional impact.

4.  Measures for influencing population distribution, land use, development of new communities and redevelopment of existing ones.

5.  Transportation patterns and systems of interstate and regional significance.

6.  Improved utilization of human and natural resources for the advancement of the region as a whole.

7.  Any other matters of a planning, data collection, or informational character that the board may determine to be of value to the party states.

AVOIDANCE OF DUPLICATION.--

(a)  To avoid duplication of effort and in the interest of economy, the board shall make use of existing studies, surveys, plans, and data and other materials in the possession of the governmental agencies of the party states and their respective subdivisions or in the possession of other interstate agencies. Each such agency, within available appropriations and if not expressly prevented or limited by law, is hereby authorized to make such materials available to the board and to otherwise assist it in the performance of its functions. At the request of the board, each such agency is further authorized to provide information regarding plans and programs affecting the region, or any subarea thereof, so that the board may have available to it current information with respect thereto.

(b)  The board shall use qualified public and private agencies to make investigations and conduct research, but if it is unable to secure the undertaking of such investigations or original research by a qualified public or private agency, it shall have the power to make its own investigations and conduct its own research. The board may make contracts with any public or private agencies or private persons or entities for the undertaking of such investigations or original research within its purview.

(c)  In general, the policy of paragraph (b) of this article shall apply to the activities of the board relating to its statement of regional objectives, but nothing herein shall be construed to require the board to rely on the services of other persons or agencies in developing the statement of regional objectives or any amendment, supplement, or revision thereof.

ADVISORY COMMITTEES.--

The board shall establish a Local Governments Advisory Committee. In addition, the board may establish advisory committees representative of subregions of the South, civic and community interests, industry, agriculture, labor, or other categories or any combinations thereof. Unless the laws of a party state contain a contrary requirement, any public official of the party state or a subdivision thereof may serve on an advisory committee established pursuant hereto and such service may be considered as a duty of his or her regular office or employment.

INTERNAL MANAGEMENT OF THE BOARD.--

(a)  The members of the board shall be entitled to one vote each. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor thereof. Action of the board shall be only at a meeting at which a majority of the members or their alternates are present. The board shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the board may delegate the exercise of any of its powers relating to internal administration and management to an executive committee or the executive director. In no event shall any such delegation include final approval of:

1.  A budget or appropriation request.

2.  The statement of regional objectives or any amendment, supplement, or revision thereof.

3.  Official comments on or recommendations with respect to projects of interstate or regional significance.

4.  The annual report.

(b)  To assist in the expeditious conduct of its business when the full board is not meeting, the board shall elect an executive committee of not to exceed 23 members including at least one member from each party state. The executive committee, subject to the provisions of this agreement and consistent with the policies of the board, shall be constituted and function as provided in the bylaws of the board. One-half of the membership of the executive committee shall consist of governors, and the remainder shall consist of other members of the board, except that at any time when there is an odd number of members on the executive committee, the number of governors shall be one less than half of the total membership. The members of the executive committee shall serve for terms of 2 years, except that members elected to the first executive committee shall be elected as follows: one less than half of the membership for 2 years and the remainder for 1 year. The chair, chair-elect, vice chair and treasurer of the board shall be members of the executive committee and anything in this paragraph to the contrary notwithstanding shall serve during their continuance in these offices. Vacancies in the executive committee shall not affect its authority to act, but the board at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term.

(c)  The board shall have a seal.

(d)  The board shall elect, from among its members, a chair, a chair-elect, a vice chair and a treasurer. Elections shall be annual. The chair-elect shall succeed to the office of chair for the year following his or her service as chair-elect. For purposes of the election and service of officers of the board, the year shall be deemed to commence at the conclusion of the annual meeting of the board and terminate at the conclusion of the next annual meeting thereof. The board shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the board, and together with the treasurer and such other personnel as the board may deem appropriate shall be bonded in such amounts as the board shall determine. The executive director shall be secretary.

(e)  The executive director, subject to the policy set forth in this agreement and any applicable directions given by the board, may make contracts on behalf of the board.

(f)  Irrespective of the civil service, personnel, or other merit system laws of any of the party states, the executive director, subject to the approval of the board, shall appoint, remove, or discharge such personnel as may be necessary for the performance of the functions of the board and shall fix the duties and compensation of such personnel. The board in its bylaws shall provide for the personnel policies and programs of the board.

(g)  The board may borrow, accept, or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.

(h)  The board may accept for any of its purposes and functions under this agreement any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the board pursuant to this paragraph or services borrowed pursuant to paragraph (g) of this article shall be reported in the annual report of the board. Such report shall include the nature, amount, and conditions, if any, of the donation, grant, or services borrowed and the identity of the donor or lender.

(i)  The board may establish and maintain such facilities as may be necessary for the transacting of its business. The board may acquire, hold, and convey real and personal property and any interest therein.

(j)  The board shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The board shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.

(k)  The board annually shall make to the governor and legislature of each party state a report covering the activities of the board for the preceding year. The board at any time may make such additional reports and transmit such studies as it may deem desirable.

(l)  The board may do any other or additional things appropriate to implement powers conferred upon it by this agreement.

FINANCE.--

(a)  The board shall advise the governor or designated officer or officers of each party state of its budget of estimated expenditures for such period as may be required by the laws of that party state. Each of the board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.

(b)  The total amount of appropriation requests under any budget shall be apportioned among the party states. Such apportionment shall be in accordance with the following formula:

1.  One-third in equal shares,

2.  One-third in the proportion that the population of a party state bears to the population of all party states, and

3.  One-third in the proportion that the per capita income in a party state bears to the per capita income in all party states.


In implementing this formula, the board shall employ the most recent authoritative sources of information and shall specify the sources used.

(c)  The board shall not pledge the credit of any party state. The board may meet any of its obligations in whole or in part with funds available to it pursuant to Article VI (h) of this agreement, provided that the board takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the board makes use of funds available to it pursuant to Article VI (h), or borrows pursuant to this paragraph, the board shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same. The board may borrow against anticipated revenues for terms not to exceed 2 years, but in any such event the credit pledged shall be that of the board and not of a party state.

(d)  The board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the board shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the board shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the board.

(e)  The accounts of the board shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the board.

(f)  Nothing contained herein shall be construed to prevent board compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the board.

COOPERATION WITH THE FEDERAL GOVERNMENT AND OTHER GOVERNMENTAL ENTITIES.--

Each party state is hereby authorized to participate in cooperative or joint planning undertakings with the Federal Government, and any appropriate agency or agencies thereof, or with any interstate agency or agencies. Such participation shall be at the instance of the governor or in such manner as state law may provide or authorize. The board may facilitate the work of state representatives in any joint interstate or cooperative federal-state undertaking authorized by this article, and each such state shall keep the board advised of its activities in respect of such undertakings, to the extent that they have interstate or regional significance.

SUBREGIONAL ACTIVITIES.--

The board may undertake studies or investigations centering on the problems of one or more selected subareas within the region; provided that in its judgment, such studies or investigations will have value as demonstrations for similar or other areas within the region. If a study or investigation that would be of primary benefit to a given state, unit of local government, or intrastate or interstate area is proposed, and if the board finds that it is not justified in undertaking the work for its regional value as a demonstration, the board may undertake the study or investigation as a special project. In any such event, it shall be a condition precedent that satisfactory financing and personnel arrangements be concluded to assure that the party or parties benefited bear all costs which the board determines that it would be inequitable for it to assume. Prior to undertaking any study or investigation pursuant to this article as a special project, the board shall make reasonable efforts to secure the undertaking of the work by another responsible public or private entity in accordance with the policy set forth in Article IV (b).

COMPREHENSIVE LAND USE PLANNING.--

If any two or more contiguous party states desire to prepare a single or consolidated comprehensive land use plan, or a land use plan for any interstate area lying partly within each such state, the governors of the states involved may designate the board as their joint agency for the purpose. The board shall accept such designation and carry out such responsibility; provided that the states involved make arrangements satisfactory to the board to reimburse it or otherwise provide the resources with which the land use plan is to be prepared. Nothing contained in this article shall be construed to deny the availability for use in the preparation of any such plan of data and information already in the possession of the board or to require payment on account of the use thereof in addition to payments otherwise required to be made pursuant to other provisions of this agreement.

COMPACTS AND AGENCIES UNAFFECTED.--

Nothing in this agreement shall be construed to:

1.  Affect the powers or jurisdiction of any agency of a party state or any subdivision thereof.

2.  Affect the rights or obligations of any governmental units, agencies, or officials or of any private persons or entities conferred or imposed by any interstate or interstate-federal compacts to which any one or more states participating herein are parties.

3.  Impinge on the jurisdiction of any existing interstate-federal mechanism for regional planning or development.

ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL.--

(a)  This agreement shall have as eligible parties the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia, the Commonwealth of Puerto Rico, and the Territory of the Virgin Islands, hereinafter referred to as "party states."

(b)  Any eligible state may enter into this agreement, and it shall become binding thereon when it has adopted the same; provided that in order to enter into initial effect, adoption by at least five states shall be required.

(c)  Adoption of the agreement may be either by enactment thereof or by adherence thereto by the governor; provided that in the absence of enactment, adherence by the governor shall be sufficient to make his or her state a party only until December 31, 1973. During any period when a state is participating in this agreement through gubernatorial action, the governor may provide to the board an equitable share of the financial support of the board from any source available. Nothing in this paragraph shall be construed to require a governor to take action contrary to the constitution or laws of his or her state.

(d)  Except for a withdrawal effective on December 31, 1973, in accordance with paragraph (c) of this article, any party state may withdraw from this agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until 1 year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

CONSTRUCTION AND SEVERABILITY.--

This agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this agreement shall be severable and, if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters.

History.--s. 1, ch. 73-351; s. 1, ch. 79-19; s. 88, ch. 95-147.

23.20  Legislative intent with respect to paperwork reduction.

23.21  Definitions.

23.22  Paperwork reduction; activities of departments.

23.20  Legislative intent with respect to paperwork reduction.--The Legislature finds that:

(1)  The paperwork burden associated with collecting information from individuals, private-sector organizations, and local governments may have a significant economic impact on these entities as they attempt to comply with the state's information reporting requirements.

(2)  These information-reporting requirements are found in most interactions between state government and these entities, such as application and permitting processes, title registration, various licensure processes, environmental monitoring, growth management, and tax collection.

(3)  The failure of state agencies to identify information they are collecting and to share that information with other agencies, as well as with local governments, has increased the paperwork burden on other entities.

(4)  The state must minimize the paperwork burden by evaluating its need for information, determining whether it already has access to the necessary information, and coordinating data collection initiatives at their source.

(5)  The collection of information by state government must be done in a manner that balances the efficiency and cost-effectiveness of government with the cost and convenience to individuals, private-sector organizations, and local governments providing the information.

History.--s. 3, ch. 96-390.

23.21  Definitions.--For purposes of this part:

(1)  "Department" means a principal administrative unit within the executive branch of state government, as defined in chapter 20, and includes the State Board of Administration, the Executive Office of the Governor, the Fish and Wildlife Conservation Commission, the Parole Commission, the Agency for Health Care Administration, the Board of Regents, the State Board of Community Colleges, the Justice Administrative Commission, the Capital Collateral Representative, and separate budget entities placed for administrative purposes within a department.

(2)  "Paperwork burden" means the resources expended by the entity providing information. Resources may include the time, effort, or financial expenditure associated with reviewing the instructions; acquiring, installing, and using technology to obtain, compile, or report the information; searching data sources; completing and reviewing the collected information; or transmitting the required information to the requesting department.

(3)  "Collect information" means the obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties of facts or opinions by or for a department, regardless of form or format, calling for answers to identical questions posed to, or identical reporting or recordkeeping requirements imposed on, 10 or more persons, other than departments or employees of this state.

History.--s. 3, ch. 96-390; s. 63, ch. 99-245.

23.22  Paperwork reduction; activities of departments.--

(1)  In order to reduce the amount of paperwork associated with the collection of information from individuals, private-sector organizations, and local governments and to provide more efficient and effective assistance to such individuals and organizations in completing necessary paperwork required by the government, each department head shall, to the extent feasible:

(a)  Integrate information systems between programs and departments to reduce the paperwork burden on such individuals, private-sector organizations, and local governments.

(b)  Implement a department-wide paperwork review process designed to achieve the following outcomes:

1.  Streamline information-collection processes that balance the cost and efficiency desired by the department with the cost and convenience to the reporting entities.

2.  Ensure the reporting entities' participation in the identification of data elements, the estimation of the paperwork burden on them, and the design of information-collection instruments and processes.

3.  Collect information necessary for the performance of agency functions without duplicating other information accessible to the agency.

(c)  Coordinate information gathering through such techniques as one-stop permitting, licensing, and public services.

(d)  Design information collection forms and similar instruments to make them easy to understand and "user-friendly" to the individuals, private-sector organizations, and local governments that are required to complete and return them. Departmental telephone numbers or electronic mail addresses for the public to obtain assistance in completing the forms must be provided on each form.

(e)  Evaluate existing and prospective statutes and rules for the paperwork burden they generate and seek modification of the statutes and rules to reduce the paperwork burden being placed on individuals, private-sector organizations, and local government.

(f)  Collaborate with the Division of Library and Information Services, pursuant to s. 119.09, to identify and index records retention requirements placed on private-sector organizations and local governments in Florida, clarify and reduce the requirements, and educate the affected entities through various communications media, including voice, data, video, radio, and image.

(2)  Departments shall consider applying to the Innovation Investment Program, pursuant to s. 216.235, for financial assistance required in streamlining and integrating information systems to reduce paperwork requirements.

(3)  Departments shall make available, upon request, a list of the initiatives taken to reduce paperwork associated with collecting information from individuals, private-sector organizations, and local governments.

History.--s. 3, ch. 96-390.