The Florida Senate

14.01  Governor; residence; office; authority to protect life, liberty, and property.

14.02  Governor may preserve peace and order by military force.

14.021  Governor; promulgation and enforcement of emergency rules and regulations.

14.022  Governor; emergency powers to quell violence.

14.03  Governor's private secretary.

14.055  Succession to office of Governor.

14.056  Succession as Acting Governor.

14.057  Governor-elect; establishment of operating fund.

14.058  Inauguration expense fund.

14.06  Governor authorized to employ clerical assistance for departments of state.

14.201  Executive Office of the Governor.

14.2015  Office of Tourism, Trade, and Economic Development; creation; powers and duties.

14.202  Administration Commission.

14.203  State Council on Competitive Government.

14.23  State-Federal relations.

14.24  Florida Commission on the Status of Women.

14.25  Florida State Commission on Hispanic Affairs.

14.26  Citizen's Assistance Office.

14.27  Florida Commission on African-American Affairs.

14.28  Executive clemency.

14.29  Florida Commission on Community Service.

14.295  Florida Volunteer and Community Service Act of 2001.

14.32  Office of Chief Inspector General.

14.01  Governor; residence; office; authority to protect life, liberty, and property.--The Governor shall reside at the head of government, and the Governor's office shall be in the capitol. The Governor may have such other offices within the state as he or she may deem necessary. The Governor may employ as many persons as he or she, in his or her discretion, may deem necessary to procure and secure protection to life, liberty, and property of the inhabitants of the state, also to protect the property of the state.

History.--ch. 1660, 1868; RS 68; GS 69; RGS 83; CGL 104; s. 1, ch. 65-54; s. 32, ch. 95-147.

14.02  Governor may preserve peace and order by military force.--The Governor may, in cases of insurrection or rebellion, violence, disorder or insecurity of life, liberty and property, support and preserve the public peace and order by the military force of the state.

History.--s. 1, ch. 1745, 1870; RS 69; GS 70; RGS 84; CGL 105.

14.021  Governor; promulgation and enforcement of emergency rules and regulations.--

(1)  The Governor of Florida is hereby authorized and empowered to promulgate and enforce such emergency rules and regulations as are necessary to prevent, control, or quell violence, threatened or actual, during any emergency lawfully declared by the Governor to exist. In order to protect the public welfare, persons and property of citizens against violence, public property damage, overt threats of violence, and to maintain peace, tranquillity, and good order in the state, these rules and regulations may control public parks, public buildings, or any other public facility in Florida and shall regulate the manner of use, the time of use, and persons using the facility during any emergency. These rules and regulations shall have the same force and effect as law during any emergency and shall affect such persons, public buildings, and public facilities as in the judgment of the Governor shall best provide a safeguard for protection of persons and property where danger, violence, and threats exist or are threatened among the citizens of Florida.

(2)  Whenever the Governor shall promulgate emergency rules and regulations, such rules and regulations shall be published and posted during the emergency in the area affected, in addition to any other notice required by law.

(3)  The Governor shall have emergency power to call upon the military forces of the state or any other law enforcement agency, state or county, to enforce the rules and regulations authorized by this law.

(4)  The powers herein granted are supplemental to and in aid of powers now vested in the Governor of this state under the constitution, statutory laws, and police powers of said state.

(5)  The provisions of this section shall continue in full force and effect until otherwise amended.

History.--ss. 1-4, 6, ch. 31389, 1956; s. 1, ch. 61-239; s. 1, ch. 65-95; ss. 10, 35, ch. 69-106; s. 18, ch. 78-95; s. 33, ch. 95-147.

14.022  Governor; emergency powers to quell violence.--

(1)  The Governor of Florida is hereby authorized and empowered to take such measures and to do all and every act and thing which she or he may deem necessary in order to prevent overt threats of violence or violence, to the person or property of citizens of the state and to maintain peace, tranquillity, and good order in the state, and in any political subdivision thereof, and in any area of the state designated by the Governor.

(2)  The Governor when, in her or his opinion, the facts warrant, shall, by proclamation, declare that, because of unlawful assemblage, violence, overt threats of violence, or otherwise, a danger exists to the person or property of any citizen or citizens of the state and that the peace and tranquillity of the state, or any political subdivision thereof, or any area of the state designated by the Governor, is threatened, and because thereof an emergency, with reference to said threats and danger, exists. In all such cases when the Governor shall issue a proclamation as herein provided she or he shall be and is hereby further authorized and empowered, to cope with said threats and danger, to order and direct any individual person, corporation, association, or group of persons to do any act which would in the Governor's opinion prevent danger to life, limb, or property, prevent a breach of the peace or the Governor may order such individual person, corporation, association, or group of persons to refrain from doing any act or thing which would, in the Governor's opinion, endanger life, limb, or property, or cause, or tend to cause, a breach of the peace, or endanger the peace and good order of society, and shall have full power by appropriate means to enforce such order or proclamation.

(3)  The Governor, upon the issuance of a proclamation as provided for in subsection (2), is hereby authorized and empowered to take and exercise any, either, or all of the following actions, powers, and prerogatives:

(a)  Call out the military forces of the state (state militia) and order and direct said forces to take such action as in the Governor's judgment may be necessary to avert the threatened danger and to maintain peace and good order in the particular circumstances.

(b)  Order any sheriff or sheriffs of this state, pursuant to a proclamation as herein provided, to exercise fully the powers granted them, and each of them, under s. 30.15(1)(f) (suppress tumults, riots, and unlawful assemblies in their counties with force and strong hand when necessary) and to do all things necessary to maintain peace and good order.

(c)  Order and direct the State Highway Patrol, and each and every officer thereof, to do and perform such acts and services as the Governor may direct and in the Governor's judgment are necessary in the circumstances to maintain peace and good order.

(d)  Authorize, order or direct any state, county, or city official to enforce the provisions of such proclamation in each and every and all of the courts in the state by injunction, mandamus, or other appropriate legal action.

(4)  The Governor is hereby authorized and empowered to intervene in any situation where there exists violence, overt threats of violence to persons or property and take complete control thereof to prevent violence, or to quell violence or any disturbance or disorder which threatens the peace and good order of society.

(5)  The powers herein granted are supplemental to and in aid of powers now vested in the Governor under the constitution, statutory laws and police powers of said state.

(6)  The provisions of this section shall continue in full force and effect until otherwise amended.

History.--ss. 1-6, ch. 31390, 1956; s. 2, ch. 61-239; s. 2, ch. 65-95; ss. 10, 35, ch. 69-106; s. 18, ch. 78-95; s. 2, ch. 91-95; s. 34, ch. 95-147.

14.03  Governor's private secretary.--The Governor of this state may appoint and commission a fit and proper person to hold office during the pleasure of the Governor, as private secretary of the Governor, and as clerk for the executive department, and who shall attend daily, during office hours, at the capitol, and perform such duties in the office of the Governor as she or he may be directed by the Governor to perform.

History.--s. 3, ch. 3, 1845; RS 71; GS 72; RGS 86; CGL 107; s. 35, ch. 95-147.

14.055  Succession to office of Governor.--Upon vacancy in the office of Governor, the Lieutenant Governor shall become Governor. Upon vacancy in the office of Governor and in the office of Lieutenant Governor, the Secretary of State shall become Governor; or if the office of Secretary of State be vacant, then the Attorney General shall become Governor; or if the office of Attorney General be vacant, then the Comptroller shall become Governor; or if the office of Comptroller be vacant, then the Treasurer shall become Governor; or if the office of Treasurer be vacant, then the Commissioner of Education shall become Governor; or if the office of Commissioner of Education be vacant, then the Commissioner of Agriculture shall become Governor. A successor under this section shall serve for the remainder of the term and shall receive all the rights, privileges and emoluments of the Governor. In case a vacancy shall occur in the office of Governor and provision is not made herein for filling such vacancy, then the Speaker of the House and the President of the Senate shall convene the Legislature by joint proclamation within 15 days for the purpose of choosing a person to serve as Governor for the remainder of the term. A successor shall be elected by a majority vote in a joint session of both houses.

History.--s. 1, ch. 70-171.

14.056  Succession as Acting Governor.--Upon impeachment of the Governor and until completion of trial thereof, or during the Governor's physical or mental incapacity, the Lieutenant Governor shall become Acting Governor. Upon impeachment or physical or mental incapacity of an Acting Governor, or upon vacancy in the office of the person serving as Acting Governor, the powers and duties of Acting Governor shall devolve upon the same officer as in the case of vacancy in the office of Governor. A successor shall serve until the disability of either the Lieutenant Governor or Governor ceases. Incapacity and restoration of capacity to serve as Acting Governor shall be determined in the same manner as in making such determinations for Governor. In any case in which succession as Acting Governor is not provided herein, the Speaker of the House and the President of the Senate shall convene the Legislature by joint proclamation within 15 days for the purpose of choosing a person to serve as Acting Governor. Such person shall be elected by a majority vote in a joint session of both houses.

History.--s. 2, ch. 70-171; s. 36, ch. 95-147.

14.057  Governor-elect; establishment of operating fund.--

(1)  There is established an operating fund for the use of the Governor-elect during the period dating from the certification of his or her election by the Elections Canvassing Commission to his or her inauguration as Governor. The Governor-elect during this period may allocate the fund to travel, expenses, his or her salary, and the salaries of the Governor-elect's staff as he or she determines. Such staff may include, but not be limited to, a chief administrative assistant, a legal adviser, a fiscal expert, and a public relations and information adviser. The salary of the Governor-elect and each member of the Governor-elect's staff during this period shall be determined by the Governor-elect, except that the total expenditures chargeable to the state under this section, including salaries, shall not exceed the amount appropriated to the operating fund. The Executive Office of the Governor shall supply to the Governor-elect suitable forms to provide for the expenditure of the fund and suitable forms to provide for the reporting of all expenditures therefrom. The Comptroller shall release moneys from this fund upon the request of the Governor-elect properly filed.

(2)  The Department of Management Services shall provide for the Governor-elect, the Governor-elect's staff, and the inauguration staff temporary office facilities in the capitol center for the period extending from the day of the certification of the Governor-elect's election by the Elections Canvassing Commission to the day of his or her inauguration.

(3)  In the event an incumbent Governor is reelected for a second consecutive term the moneys appropriated hereby to the operating fund for the Governor-elect shall revert to the general revenue fund. An incumbent Governor reelected for a second consecutive term shall not be considered a Governor-elect for the purposes of expending the operating fund established in subsection (1).

History.--ss. 1, 2, 3, ch. 70-1006; s. 59, ch. 79-190; s. 137, ch. 92-279; s. 55, ch. 92-326; s. 37, ch. 95-147.

14.058  Inauguration expense fund.--There is established an inauguration expense fund for the use of the Governor-elect in planning and conducting the inauguration ceremonies. The Governor-elect shall appoint an inauguration coordinator and such staff as necessary to plan and conduct the inauguration. Salaries for the inauguration coordinator and the inauguration coordinator's staff shall be determined by the Governor-elect and shall be paid from the inauguration expense fund. The Executive Office of the Governor shall supply to the inauguration coordinator suitable forms to provide for the expenditure of the fund and suitable forms to provide for the reporting of all expenditures therefrom. The Comptroller shall release moneys from this fund upon the request of the inauguration coordinator properly filed.

History.--s. 4, ch. 70-1006; s. 60, ch. 79-190; s. 38, ch. 95-147.

14.06  Governor authorized to employ clerical assistance for departments of state.--The Governor of the state may employ clerical aid to work in any department of the state under the supervision and direction of the head of such department whenever in the judgment of the Governor such additional help is necessary for the proper conduct of the business and affairs of such department, and when the same has become necessary by reason of the increase in the business of such department and was not foreseen and adequately provided for in the general appropriations bill. The Governor is further authorized to employ such persons as may be required from time to time to make such investigations as may, in the judgment of the Governor, be necessary or expedient to efficiently conduct the affairs of the state government, especially to make investigation and report of matters concerning taxation and finance throughout the state.

History.--s. 1, ch. 11369, 1925; CGL 109.

14.201  Executive Office of the Governor.--There is created the Executive Office of the Governor. The head of the Executive Office of the Governor is the Governor.

History.--s. 1, ch. 79-190.

14.2015  Office of Tourism, Trade, and Economic Development; creation; powers and duties.--

(1)  The Office of Tourism, Trade, and Economic Development is created within the Executive Office of the Governor. The director of the Office of Tourism, Trade, and Economic Development shall be appointed by and serve at the pleasure of the Governor.

(2)  The purpose of the Office of Tourism, Trade, and Economic Development is to assist the Governor in working with the Legislature, state agencies, business leaders, and economic development professionals to formulate and implement coherent and consistent policies and strategies designed to provide economic opportunities for all Floridians. To accomplish such purposes, the Office of Tourism, Trade, and Economic Development shall:

(a)  Contract, notwithstanding the provisions of part I of chapter 287, with the direct-support organization created under s. 288.1229 to guide, stimulate, and promote the sports industry in the state, to promote the participation of Florida's citizens in amateur athletic competition, and to promote Florida as a host for national and international amateur athletic competitions.

(b)  Monitor the activities of public-private partnerships and state agencies in order to avoid duplication and promote coordinated and consistent implementation of programs in areas including, but not limited to, tourism; international trade and investment; business recruitment, creation, retention, and expansion; workforce development; minority and small business development; and rural community development. As part of its responsibilities under this paragraph, the office shall work with Enterprise Florida, Inc., and Workforce Florida, Inc., to ensure that, to the maximum extent possible, there are direct linkages between the economic development and workforce development goals and strategies of the state.

(c)  Facilitate the direct involvement of the Governor and the Lieutenant Governor in economic development and workforce development projects designed to create, expand, and retain Florida businesses and to recruit worldwide business, as well as in other job-creating efforts.

(d)  Assist the Governor, in cooperation with Enterprise Florida, Inc., Workforce Florida, Inc., and the Florida Commission on Tourism, in preparing an annual report to the Legislature on the state of the business climate in Florida and on the state of economic development in Florida which will include the identification of problems and the recommendation of solutions. This report shall be submitted to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader by January 1 of each year, and it shall be in addition to the Governor's message to the Legislature under the State Constitution and any other economic reports required by law.

(e)  Plan and conduct at least one meeting per calendar year of leaders in business, government, education, workforce development, and economic development called by the Governor to address the business climate in the state, develop a common vision for the economic future of the state, and identify economic development efforts to fulfill that vision.

¹(f)1.  Administer the Florida Enterprise Zone Act under ss. 290.001-290.016, the community contribution tax credit program under ss. 220.183 and 624.5105, the tax refund program for qualified target industry businesses under s. 288.106, the tax-refund program for qualified defense contractors under s. 288.1045, contracts for transportation projects under s. 288.063, the sports franchise facility program under s. 288.1162, the professional golf hall of fame facility program under s. 288.1168, the expedited permitting process under s. 403.973, the Rural Community Development Revolving Loan Fund under s. 288.065, the Regional Rural Development Grants Program under s. 288.018, the Certified Capital Company Act under s. 288.99, the Florida State Rural Development Council, the Rural Economic Development Initiative, and other programs that are specifically assigned to the office by law, by the appropriations process, or by the Governor. Notwithstanding any other provisions of law, the office may expend interest earned from the investment of program funds deposited in the Grants and Donations Trust Fund and the Brownfield Property Ownership Clearance Assistance Revolving Loan Trust Fund to contract for the administration of the programs, or portions of the programs, enumerated in this paragraph or assigned to the office by law, by the appropriations process, or by the Governor. Such expenditures shall be subject to review under chapter 216.

2.  The office may enter into contracts in connection with the fulfillment of its duties concerning the Florida First Business Bond Pool under chapter 159, tax incentives under chapters 212 and 220, tax incentives under the Certified Capital Company Act in chapter 288, foreign offices under chapter 288, the Enterprise Zone program under chapter 290, the Seaport Employment Training program under chapter 311, the Florida Professional Sports Team License Plates under chapter 320, Spaceport Florida under chapter 331, Expedited Permitting under chapter 403, and in carrying out other functions that are specifically assigned to the office by law, by the appropriations process, or by the Governor.

(g)  Serve as contract administrator for the state with respect to contracts with Enterprise Florida, Inc., the Florida Commission on Tourism, and all direct-support organizations under this act, excluding those relating to tourism. To accomplish the provisions of this act and applicable provisions of chapter 288, and notwithstanding the provisions of part I of chapter 287, the office shall enter into specific contracts with Enterprise Florida, Inc., the Florida Commission on Tourism, and other appropriate direct-support organizations. Such contracts may be multiyear and shall include specific performance measures for each year.

(h)  Provide administrative oversight for the Office of Film and Entertainment, created under s. 288.1251, to develop, promote, and provide services to the state's entertainment industry and to administratively house the Florida Film and Entertainment Advisory Council created under s. 288.1252.

(i)  Prepare and submit as a separate budget entity a unified budget request for tourism, trade, and economic development in accordance with chapter 216 for, and in conjunction with, Enterprise Florida, Inc., and its boards, the Florida Commission on Tourism and its direct-support organization, the Florida Black Business Investment Board, the Office of Film and Entertainment, and the direct-support organization created to promote the sports industry.

(j)  Adopt rules, as necessary, to carry out its functions in connection with the administration of the Qualified Target Industry program, the Qualified Defense Contractor program, the Certified Capital Company Act, the Enterprise Zone program, and the Florida First Business Bond pool.

(3)  The Chief Inspector General, as defined in s. 14.32:

(a)  Shall advise public-private partnerships in their development, utilization, and improvement of internal control measures necessary to ensure fiscal accountability.

(b)  May conduct, direct, and supervise audits relating to the programs and operations of public-private partnerships.

(c)  Shall receive and investigate complaints of fraud, abuses, and deficiencies relating to programs and operations of public-private partnerships.

(d)  May request and have access to any records, data, and other information of public-private partnerships that the Chief Inspector General deems necessary to carry out his or her responsibilities with respect to accountability.

(e)  Shall monitor public-private partnerships for compliance with the terms and conditions of contracts with the Office of Tourism, Trade, and Economic Development and report noncompliance to the Governor.

(f)  Shall advise public-private partnerships in the development, utilization, and improvement of performance measures for the evaluation of their operations.

(g)  Shall review and make recommendations for improvements in the actions taken by public-private partnerships to meet performance standards.

(4)  The director of the Office of Tourism, Trade, and Economic Development shall designate a position within the office to advocate and coordinate the interests of minority businesses. The person in this position shall report to the director and shall be the primary point of contact for the office on issues and projects important to the recruitment, creation, preservation, and growth of minority businesses.

(5)  The director of the Office of Tourism, Trade, and Economic Development shall designate a position within the office to advocate and coordinate the interests of rural communities in the state. The person in this position shall report to the director and shall be the primary point of contact for the office on issues and projects important to the economic capacity of Florida's rural communities.

(6)(a)  In order to improve the state's regulatory environment, the Office of Tourism, Trade, and Economic Development shall consider the impact of agency rules on businesses and serve as an advocate for businesses, particularly small businesses, in their dealings with state agencies.

(b)  The office shall have powers and duties to:

1.  Review proposed agency actions for impacts on small businesses and offer alternatives to mitigate such impacts, as provided in s. 120.54.

2.  In consultation with the Governor's rules ombudsman, make recommendations to agencies on any existing and proposed rules for alleviating unnecessary or disproportionate adverse effects to businesses.

(c)  Use of the services authorized in this subsection does not preclude a person or business from dealing directly with an agency.

(d)  In carrying out its duties under this subsection, the Office of Tourism, Trade, and Economic Development may consult with state agency personnel appointed to serve as economic development liaisons under s. 288.021.

(7)  The Office of Tourism, Trade, and Economic Development shall develop performance measures, standards, and sanctions for each program it administers under this act and, in conjunction with the applicable entity, for each program for which it contracts with another entity under this act. The performance measures, standards, and sanctions shall be developed in consultation with the legislative appropriations committees and the appropriate substantive committees, and are subject to the review and approval process provided in s. 216.177. The approved performance measures, standards, and sanctions shall be included and made a part of the strategic plan for the Office of Film and Entertainment and each contract entered into for delivery of programs authorized by this act.

(8)  The Office of Tourism, Trade, and Economic Development shall ensure that the contract between the Florida Commission on Tourism and the commission's direct-support organization contains a provision to provide the data on the visitor counts and visitor profiles used in revenue estimating, employing the same methodology used in fiscal year 1995-1996 by the Department of Commerce. The Office of Tourism, Trade, and Economic Development and the Florida Commission on Tourism must reach agreement with the Consensus Estimating Conference principals before making any changes in methodology used or information gathered.

(9)(a)  The Office of Urban Opportunity is created within the Office of Tourism, Trade, and Economic Development. The director of the Office of Urban Opportunity shall be appointed by and serve at the pleasure of the Governor.

(b)  The purpose of the Office of Urban Opportunity shall be to administer the Front Porch Florida initiative, a comprehensive, community-based urban core redevelopment program that will empower urban core residents to craft solutions to the unique challenges of each designated community.

History.--s. 2, ch. 96-320; s. 19, ch. 97-95; ss. 3, 59, ch. 97-278; ss. 33, 38, ch. 98-46; s. 1, ch. 98-257; s. 2, ch. 99-244; s. 1, ch. 99-251; s. 51, ch. 2000-165; s. 1, ch. 2001-106; ss. 68, 69, ch. 2002-402.

¹Note.--

A.  Section 68, ch. 2002-402, amended paragraph (2)(f) "[e]ffective July 30, 2002, in order to implement Specific Appropriation 3119 of the 2002-2003 General Appropriations Act."

B.  Section 69, ch. 2002-402, provides that "[t]he amendment of paragraph (f) of subsection (2) of section 14.2015, Florida Statutes, by this act shall expire on July 1, 2003, and the text of that paragraph shall revert to that in existence on July 29, 2002, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of such text which expire pursuant to the provisions of this act." Effective July 1, 2003, paragraph (2)(f), as amended by s. 69, ch. 2002-402, will read:

(f)1.  Administer the Florida Enterprise Zone Act under ss. 290.001-290.016, the community contribution tax credit program under ss. 220.183 and 624.5105, the tax refund program for qualified target industry businesses under s. 288.106, the tax-refund program for qualified defense contractors under s. 288.1045, contracts for transportation projects under s. 288.063, the sports franchise facility program under s. 288.1162, the professional golf hall of fame facility program under s. 288.1168, the expedited permitting process under s. 403.973, the Rural Community Development Revolving Loan Fund under s. 288.065, the Regional Rural Development Grants Program under s. 288.018, the Certified Capital Company Act under s. 288.99, the Florida State Rural Development Council, the Rural Economic Development Initiative, and other programs that are specifically assigned to the office by law, by the appropriations process, or by the Governor. Notwithstanding any other provisions of law, the office may expend interest earned from the investment of program funds deposited in the Economic Development Trust Fund, the Grants and Donations Trust Fund, the Brownfield Property Ownership Clearance Assistance Revolving Loan Trust Fund, and the Economic Development Transportation Trust Fund to contract for the administration of the programs, or portions of the programs, enumerated in this paragraph or assigned to the office by law, by the appropriations process, or by the Governor. Such expenditures shall be subject to review under chapter 216.

2.  The office may enter into contracts in connection with the fulfillment of its duties concerning the Florida First Business Bond Pool under chapter 159, tax incentives under chapters 212 and 220, tax incentives under the Certified Capital Company Act in chapter 288, foreign offices under chapter 288, the Enterprise Zone program under chapter 290, the Seaport Employment Training program under chapter 311, the Florida Professional Sports Team License Plates under chapter 320, Spaceport Florida under chapter 331, Expedited Permitting under chapter 403, and in carrying out other functions that are specifically assigned to the office by law, by the appropriations process, or by the Governor.

14.202  Administration Commission.--There is created as part of the Executive Office of the Governor an Administration Commission composed of the Governor and Cabinet. The Governor is chair of the commission. The Governor or Comptroller may call a meeting of the commission promptly each time the need therefor arises. Unless otherwise provided herein, affirmative action by the commission shall require the approval of the Governor and at least three other members of the commission. The commission shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it.

History.--s. 1, ch. 79-190; s. 39, ch. 95-147; s. 6, ch. 98-200.

¹14.203  State Council on Competitive Government.--It is the policy of this state that all state services be performed in the most effective and efficient manner in order to provide the best value to the citizens of the state. The state also recognizes that competition among service providers may improve the quality of services provided, and that competition, innovation, and creativity among service providers should be encouraged.

(1)  For the purposes of this section:

(a)  "Commercial activity" means an activity that provides a product or service that is available from a private source.

(b)  "Identified state service" means a service provided by the state that is under consideration to determine whether the service may be better provided through competition with private sources.

(2)  There is hereby created the State Council on Competitive Government, which shall be composed of the Governor and Cabinet, sitting as the Administration Commission as defined in s. 14.202. The council, on its own initiative, or the Office of Program Policy Analysis and Government Accountability, created pursuant to s. 11.51, may identify commercial activities currently being performed by state agencies and, if it is determined that such services may be better provided by requiring competition with private sources or other state agency service providers, may recommend that a state agency engage in any process, including competitive bidding, that creates competition with private sources or other state agency service providers.

(3)  In performing its duties under this section, the council may:

(a)  Adopt rules to implement any provision of this section.

(b)  Hold public hearings or conduct studies.

(c)  Consult with private sources.

(d)  Require a state agency to conduct an in-house cost estimate, a management study, or any other hearing, study, review, or cost estimate concerning any aspect of an identified state service.

(e)  Develop and require for use by state agencies methods to accurately and fairly estimate and account for the cost of providing an identified state service.

(f)  Require that an identified state service be submitted to competitive bidding or another process that creates competition with private sources or other governmental entities. In determining whether an identified state service should be submitted to competitive bidding, the council shall consider, at a minimum:

1.  Any constitutional and legal implications which may arise as a result of such action.

2.  The cost of supervising the work of any private contractor.

3.  The total cost to the state agency of such state agency's performance of a service, including all indirect costs related to that state agency and costs of such agencies as the Comptroller, the Treasurer, the Attorney General, and other such support agencies to the extent such costs would not be incurred if a contract is awarded. Costs for the current provision of the service shall be considered only when such costs would actually be saved if the contract were awarded to another entity.

(g)  Prescribe, in consultation with affected state agencies, the specifications and conditions of purchase procedures that must be followed by a state agency or a private source engaged in competitive bidding to provide an identified state service.

(h)  Award a contract to a state agency currently providing the service, another state agency, a private source, or any combination of such entities, if the bidder presents the best and most reasonable bid, which is not necessarily the lowest bid. It is intended that consideration be given as to how to transfer the program back if the bidder is not successful in carrying out the requirements of the contract. The bid shall also include an analysis of health care benefits, retirement, and workers' compensation insurance for employees of the contractor which are reasonably comparable to those provided by the state.

(i)  Determine the terms and conditions of a contract for service or interagency contract to provide an identified state service or other commercial activity. Such terms and conditions may include the requirement that a minimum level of health insurance coverage for employees, including optional family coverage, whether employer-paid or employee-paid, or a combination thereof, is available to employees.

(j)  Require the state agency to encourage state employees to organize and submit a bid for the identified state service.

(4)  A state agency shall perform any activities required by the council in the performance of its duties or the exercise of its powers under this section.

(5)  Contracts entered into by the council to implement this section and any decision regarding whether a state agency shall engage in competitive bidding are exempt from state law regulating or limiting purchasing practices and decisions, including chapter 120.

(6)  A contract entered into pursuant to this section constitutes an executive branch recommendation only and shall not take effect until a specific appropriation is provided by law to fund such contract. In addition, any contract entered into by a state agency pursuant to this section shall include language that its effect is contingent upon a specific appropriation by law.

History.--s. 50, ch. 94-249; s. 1, ch. 94-333; s. 4, ch. 97-79; s. 2, ch. 2002-1.

¹Note.--As created by s. 50, ch. 94-249, and amended by s. 4, ch. 97-79. Section 14.203 was also created by s. 1, ch. 94-333. The ch. 94-249 version is published here as the last expression of legislative will (see Journal of the House of Representatives 1994, pp. 1549 and 2130). Section 14.203, as created by s. 1, ch. 94-333, reads:

14.203  State Council on Competitive Government.--

(1)  DEFINITIONS.--As used in this section:

(a)  "Commercial activity" means an activity that provides a product or service that is commonly available from a private source.

(b)  "Council" means the State Council on Competitive Government.

(c)  "Identified state service" means a service provided by the state that the council has identified as a commercially available service and brought under study by the council to determine whether the service may be better provided through competition with private sources.

(2)  STATE COUNCIL ON COMPETITIVE GOVERNMENT.--The State Council on Competitive Government is established. It is the policy of this state that all state services be performed in the most effective and efficient manner in order to be the best value to the public, and the state recognizes that competition among service providers may improve the quality of service provided. The council shall encourage competition, innovation, and creativity among service providers.

(3)  MEMBERSHIP.--The council shall consist of the Governor and Cabinet. The Governor shall be presiding officer of the council.

(4)  MEETINGS.--The council shall meet as often as necessary to perform its duties. In performing its duties, the council shall follow the rules and procedures, and use the staff, of the Administration Commission.

(5)  DUTIES.--The council shall identify commercially available services currently being performed by state agencies and, if the council determines that such services may be better provided through competition with private sources or other state agency service providers, shall require a state agency to engage in any process, including competitive bidding, developed by the council to provide the service in competition with private sources or other state agency service providers.

(6)  POWERS.--In performing its duties under this section, the council may:

(a)  Adopt rules governing any aspect of the council's duties or responsibilities.

(b)  Hold public hearings or conduct studies.

(c)  Consult with private sources or state agencies that provide services.

(d)  Require a state agency to conduct an agency in-house cost estimate, a management study, or any other hearing, study, review, or cost estimate concerning any aspect of an identified state service.

(e)  Develop and require for use by state agencies methods to accurately and fairly estimate and account for the cost of providing an identified state service.

(f)  Require that an identified state service be submitted to competitive bidding or another process that creates competition with private sources.

(g)  Prescribe, in consultation with affected state agencies, the specifications and conditions of purchase procedures that must be followed by a state agency or a private source engaged in competitive bidding to provide an identified state service.

(h)  Award a contract to a state agency currently providing the service, another state agency, a private source, or any combination of such entities, if the bidder presents the best and most reasonable bid, which is not necessarily the lowest bid.

(i)  Determine the terms and conditions of a contract for service or interagency contract to provide an identified state service or other commercially available service.

(j)  Require each bidder to provide a minimum level of health insurance coverage for employees, including optional family coverage, whether employer-paid or employee-paid, or a combination thereof.

(k)  Require the agency to encourage state employees to organize and submit a bid for the identified service.

(7)  COST COMPARISON AND CONTRACT CONSIDERATIONS.--In comparisons of the cost of providing a service, the council must consider the cost of supervising the work of any private contractor. All bids or contracts must include an analysis of health care benefits, retirement, and workers' compensation insurance for employees of the contractor which are reasonably comparable to those provided by the state. The council must also consider the total cost to the agency of such agency's performance of a service, such total cost to include all indirect costs related to that agency and including costs of such agencies as the Comptroller, the Treasurer, the Attorney General, and other such support agencies.

(8)  DUTIES OF AFFECTED STATE AGENCIES.--A state agency shall perform any activities required by the council in the performance of its duties or the exercise of its powers under this section.

(9)  EXEMPTION.--Contracts entered into by the council and decisions regarding whether an agency shall engage in competitive bidding are exempt from all laws of the state regulating or limiting state purchasing and purchasing decisions.

(10)  A contract entered into pursuant to this section constitutes an executive branch recommendation only and shall not take effect until a specific appropriation is provided by law to fund such contract. In addition, all contracts entered into by executive branch agencies pursuant to this section shall state in their text that their effect is contingent upon a specific appropriation by law.

(11)  OPEN MEETINGS AND OPEN RECORDS LAWS.--The meetings and records of the council are subject to the provisions of ss. 119.07 and 286.011.

14.23  State-Federal relations.--

(1)  LEGISLATIVE INTENT.--It is the intent of the Legislature to establish mechanisms through which the legislative and executive branches of state government can work together in a cooperative alliance, to strengthen the state's relationship with our Congressional Delegation and with federal executive branch agencies, to improve our position in relation to federal legislative initiatives which have a fiscal impact or substantive policy impact on the state, and to establish and maintain a viable network and communications structure to facilitate the transmittal of essential information between state and federal officials, and to take all necessary steps to maximize the receipt of various federal funds by the State of Florida. Florida's Congressional Delegation is, in this regard, the most important linkage in representing Florida's interests in the nation's capital. Therefore, the mechanisms and resources created herein, for the furtherance of the state's intergovernmental efforts, shall include the Congressional Delegation and be available to meet its needs.

(2)  CREATION OF THE OFFICE OF STATE-FEDERAL RELATIONS.--

(a)  There is created, within the Executive Office of the Governor, the Office of State-Federal Relations for the State of Florida, hereinafter referred to as the "office," to be located in Washington, D.C. The office shall represent both the legislative and executive branches of state government. The Legislature shall have direct access to the staff of the office.

(b)  The duties of the office shall be determined by the Governor, in consultation with the President of the Senate and the Speaker of the House of Representatives, and shall include, but not be limited to, the following:

1.  To provide legislative and administrative liaison between state and federal officials and agencies and with Congress.

2.  To provide grants assistance and advice to state agencies.

3.  To assist in the development and implementation of strategies for the evaluation and management of the state's federal legislative program and intergovernmental efforts.

4.  To facilitate the activities of Florida officials traveling to Washington, D.C., in the performance of their official duties.

(c)  The head of the office shall be the director, who shall be appointed by and serve at the pleasure of the Governor.

(3)  COOPERATION.--For the purpose of centralizing the state-federal relations efforts of the state, state agencies and their representatives shall cooperate and coordinate their state-federal efforts and activities with the office. State agencies which have representatives headquartered in Washington, D.C., are encouraged to station their representatives in the office.

(4)(a)  NOMINATIONS TO FEDERAL REGIONAL FISHERIES MANAGEMENT COUNCILS.--The Governor is prohibited from nominating for appointment to any one of the federal fisheries management councils established under 16 U.S.C. ss. 1801 et seq., as amended, the name of any person who is, or who has been at any time during the 24 months preceding such nomination, a lobbyist for any entity of any kind whatsoever whose interests are or could be affected by actions or decisions of such fisheries management councils.

(b)  For purposes of this section, the term "lobbyist" means any natural person who is required to register pursuant to s. 11.045 or the equivalent federal statute and who, for compensation, seeks, or sought during the preceding 24 months, to influence the governmental decisionmaking of a reporting individual or procurement employee, as those terms are defined under s. 112.3148, or his or her agency, to encourage the passage, defeat, or modification of any proposal or recommendation by such reporting individual or procurement employee or his or her agency.

History.--ss. 5, 6, ch. 77-419; s. 9, ch. 79-190; s. 1, ch. 95-303; s. 1, ch. 98-188.

14.24  Florida Commission on the Status of Women.--

(1)  There is established in the Office of the Attorney General the Florida Commission on the Status of Women, consisting of 22 members. The Speaker of the House of Representatives, the President of the Senate, the Attorney General, and the Governor shall each appoint three members and the Insurance Commissioner, the Comptroller, the Secretary of State, the Commissioner of Agriculture, and the Commissioner of Education shall each appoint two members, for a term of 4 years, except that of the initial appointments, one-half shall be for a 2-year term and one-half shall be for a 4-year term. The members appointed shall include persons who represent rural and urban interests and the ethnic and cultural diversity of the state's population. No member shall serve more than 8 consecutive years on the commission. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

(2)  The commission shall meet once in the first, second, and fourth quarters of each year and upon the call of the chairperson or two other officers. Annually, at the meeting in the first quarter, officers consisting of a chairperson, vice chairperson, secretary, and treasurer shall be elected. Each officer shall serve until a successor is elected and qualified. No officer shall serve more than two consecutive terms in the same office.

(3)  Members of the commission shall serve without compensation, but shall be reimbursed for per diem and travel expenses in accordance with s. 112.061.

(4)  It shall be the duty of the commission to study the changing and developing roles of women in American society. The study shall include, but not be limited to, the following areas:

(a)  The socioeconomic factors that influence the status of women.

(b)  The development of individual potential.

(c)  The encouragement of women to utilize their capabilities and assume leadership roles.

(d)  The coordination of efforts of numerous women's organizations interested in the welfare of women.

(e)  The identification and recognition of contributions made by women to the community, state, and nation.

(f)  The implementation of paragraphs (a)-(e) where working conditions, financial security, and legal status of both sexes are improved.

(5)  The commission may apply for and accept funds, grants, gifts, and services from the state, the government of the United States or any of its agencies, or any other public or private source for the purpose of defraying clerical and administrative costs as may be necessary in carrying out its duties under this section.

(6)  Beginning January 1, 1993, the commission shall report annually on January 1 to the Governor, the Attorney General, the Cabinet, the Speaker of the House of Representatives, the President of the Senate, and the minority leaders of the House and Senate on the study carried out under the provisions of this section.

History.--ss. 1, 2, ch. 91-77; s. 4, ch. 91-429.

14.25  Florida State Commission on Hispanic Affairs.--

(1)  It is the intent of the Legislature to provide a means by which the state may obtain a comprehensive and ongoing study relating to those citizens of Florida who are of an Hispanic origin. The commission created by this act is not an executive department or agency for purposes of assignment under s. 6 of Art. IV of the State Constitution, nor is it an agency within the legislative intent of chapter 216 or chapter 287.

(2)(a)  There is created within the Executive Office of the Governor a Florida State Commission on Hispanic Affairs. The commission shall consist of 15 members appointed by the Governor and broadly representative of the interests and needs of persons in this state who are of Hispanic origin, including, but not limited to, such areas as education, social services, commerce, and general culture and the arts.

(b)  The commission shall annually designate one of its members to serve as chairperson. The duties of the chairperson shall include responsibility for the administration of the commission.

(c)  Members of the commission shall serve without compensation, but shall be reimbursed for per diem and travel expenses in accordance with s. 112.061.

(d)  Members shall serve for terms of 4 years, except that, of those initially appointed, seven shall serve for terms of 2 years and eight shall serve for terms of 4 years. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

(e)  The Executive Office of the Governor shall provide administrative support and service to the commission. The commission shall not be subject to control, supervision, or direction by the Executive Office of the Governor.

(f)  The commission shall have the authority to employ an executive director and such other personnel as may be necessary to carry out the provisions of this section.

(3)(a)  The commission shall secure staff assistance and utilize clerical resources, materials, and other support services of the Executive Office of the Governor and other executive agencies and coordinate and consult with existing legislative staff, in order that minimum costs and maximum expertise be achieved.

(b)  The commission shall utilize the talents, expertise, and resources within the state, and especially those of the university system, to whatever extent practicable.

(c)  The commission may procure information and assistance from the state or any subdivision, municipal corporation, public officer, governmental department, or agency thereof. All agencies, officers, and political subdivisions of the state or municipal corporations shall give the commission all relevant information and reasonable assistance on any matters of research within their knowledge or control. In the case of a refusal to honor a request for information or request to any person, the commission may make application to any circuit court in this state, which shall have jurisdiction to order the witness to appear before the commission or to produce evidence, if so ordered, or to give testimony concerning the matter in question. Failure to obey the order may be punished by the court as contempt.

(d)  The commission may apply for and accept funds, grants, gifts, and services from the state, the government of the United States or any of its agencies, or any other public or private source and is authorized to use funds derived from these sources to defray clerical and administrative costs as may be necessary for carrying out the commission's assigned duties.

(4)(a)  It is the duty of the commission to carry out an ongoing study on the problems and needs of those citizens of Florida who predominantly speak the Spanish language. The study shall include, but not be limited to, the following areas:

1.  A survey of existing programs within the educational system of the state, including such areas as teacher training, resource availability, and transportation of students, with recommendations for the extension and improvement of such programs.

2.  A survey of the needs of such persons in the areas of social services and commerce, with recommendations regarding types of family and community services that would be useful in aiding such persons in adapting to, and functioning within, an English-speaking society.

3.  A survey of the general cultural and artistic interests and needs of such persons and of the contributions such persons can make to the people of Florida, with recommendations for meeting those needs and fostering and encouraging those interests and contributions.

(b)  The commission shall prepare an annual report based on the study carried out under the provisions of paragraph (4)(a), to be presented to the Governor no later than January 1, with copies to the Speaker of the House of Representatives and President of the Senate. The report shall include specific suggestions for necessary legislation and specific recommendations for any necessary administrative or regulatory reform.

History.--ss. 1, 2, 3, 4, ch. 77-233; ss. 1, 2, 3, ch. 78-297; s. 6, ch. 79-190; s. 1, ch. 82-46; s. 2, ch. 83-265; ss. 1, 2, ch. 87-71; s. 5, ch. 91-429.

Note.--Former ss. 13.9964, 13.9965, 13.9966, and 13.9967.

14.26  Citizen's Assistance Office.--

(1)  There is created in the Executive Office of the Governor the Citizen's Assistance Office. The head of the Citizen's Assistance Office shall be appointed by and shall serve at the pleasure of the Governor.

(2)  The Citizen's Assistance Office may:

(a)  Investigate, on complaint or on its own motion, any administrative action of any state agency, the administration of which is under the direct supervision of the Governor, regardless of the finality of the administrative action.

(b)  Request, and shall be given by any state agency, such assistance and information as may be necessary for the performance of its duties.

(c)  Examine the records and reports of any state agency, the administration of which is under the direct supervision of the Governor, not made specifically confidential by law when the office determines that it is necessary.

(d)  Coordinate individual state agency complaint-handling activities.

(3)  The Citizen's Assistance Office shall make quarterly reports to the Governor, which shall include:

(a)  The number of investigations and complaints made during the preceding quarter and the disposition of such investigations.

(b)  Recommendations in the form of suggested legislation or suggested procedures for the alleviation of problems disclosed by investigations.

(c)  A report including statistics which reflect the types of complaints made and an assessment as to the cause of the complaints.

(d)  Such other information as the Executive Office of the Governor shall require.

(4)  The Citizen's Assistance Office shall refer consumer-oriented complaints to the Division of Consumer Services of the Department of Agriculture and Consumer Services.

(5)  The Citizen's Assistance Office shall perform such other duties as the Executive Office of the Governor shall direct.

History.--s. 7, ch. 79-190.

14.27  Florida Commission on African-American Affairs.--

(1)  There is established in the Executive Office of the Governor the Florida Commission on African-American Affairs. The commission shall consist of 15 members appointed by the Governor. Members shall be of African-American origin; shall be professionally, socially, and economically diverse; and shall be representative of the geographic regions of the state. Each member shall serve a term of 4 years; however, for the purpose of providing staggered terms, of the initial appointments, seven members shall be appointed to a 2-year term and eight members shall be appointed to a 4-year term. Any vacancy on the commission shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy occurring because of death, resignation, or ineligibility for membership shall serve only for the unexpired term of the member's predecessor. The Governor shall appoint the chair from among the members of the commission.

(2)  The commission shall meet at least once each quarter. All meetings are subject to the call of the chair. Eight members shall constitute a quorum.

(3)  Members of the commission shall serve without compensation, but may be reimbursed for per diem and travel expenses pursuant to s. 112.061. The Executive Office of the Governor shall provide staff and facilities for the commission.

(4)  It shall be the role of the commission to develop specific strategies and plans to address the economic, social, educational, health, and welfare needs of African Americans in the state. Pursuant thereto, the commission's duties shall include, but not be limited to:

(a)  Studying the changing and developing roles of African Americans in American society. The study shall be ongoing, with reports submitted periodically as needed with the annual report submitted to the Governor under paragraph (b), and shall include, but not be limited to, the following areas:

1.  The socioeconomic factors that influence the status of African Americans.

2.  The encouragement of African Americans to utilize their existing resources and abilities to strive for leadership roles.

3.  The coordination of efforts of numerous African-American organizations interested in the welfare of African Americans.

4.  The identification and recognition of contributions made by African Americans to the community, state, and nation.

(b)  Submitting an annual report to the Governor on the status of African Americans in the state which includes, but is not limited to, an assessment of the following areas: education, economic development, criminal justice, housing, and health.

(c)  Reviewing state agency functional plans, legislative budget requests, and the master plans and policies of the State Board of Education, other educational boards, panels, and commissions appointed by the Governor, and local school boards for their impact on African Americans.

(d)  Reviewing various judicial matters that are affecting African Americans.

(e)  Reviewing past and current legislation that may have a significant impact on African Americans.

(f)  Examining any other issues relevant to African Americans that are presented by the Governor or that are a result of findings made by the commission.

(5)  The commission shall analyze the responsiveness of state government to the needs of the state's African-American citizens and the appropriateness of that response and may submit a plan for any recommended restructuring and change to the Governor, the President of the Senate, and the Speaker of the House of Representatives at any time it deems appropriate.

(6)  All executive branch state agencies are hereby instructed, and all other state agencies are hereby requested, to aid and assist the commission in any way that helps it accomplish its purposes.

(7)  The commission may apply for and accept funds, grants, gifts, and services from the state, the Federal Government or any of its agencies, or any other public or private source for the purpose of defraying clerical and administrative costs as may be necessary in carrying out its duties under this section.

History.--ss. 1, 2, ch. 93-138.

14.28  Executive clemency.--All records developed or received by any state entity pursuant to a Board of Executive Clemency investigation shall be confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, such records may be released upon the approval of the Governor.

History.--s. 6, ch. 93-405; s. 1, ch. 95-356; s. 2, ch. 96-406.

14.29  Florida Commission on Community Service.--

(1)  It is the intent of the Legislature to provide a means by which the state may develop a coordinated, unified plan in response to the National and Community Service Trust Act of 1993. Toward this end, the state may establish policies and procedures relating to the expenditure of funds to develop and facilitate community outreach initiatives. Such efforts shall be geared towards promoting community service in conjunction with any existing programs in an effort to address the state's human, educational, environmental, and public safety needs by fostering greater civic responsibility.

(2)  There is established the Florida Commission on Community Service, which is assigned to the Executive Office of the Governor. The commission shall be administratively housed within the Executive Office of the Governor, but it shall independently exercise the responsibilities assigned herein or as required to comply with the terms and conditions of the National and Community Service Trust Act of 1993. The commission shall serve as an advisory board to the Governor and Cabinet, the Legislature, and appropriate state agencies and entities on matters relating to volunteerism and community service.

(3)(a)  The commission shall consist of no less than 15 and no more than 25 voting members to be appointed on a bipartisan basis by the Governor and confirmed by the Senate. Any number of nonvoting members may be appointed by the Governor. Voting members may represent one, or any combination of the following categories, so long as each of the respective categories is represented:

1.  A representative of a community-based agency or organization.

2.  The Commissioner of Education or designee thereof.

3.  A representative of local labor organizations.

4.  A representative of local government.

5.  A representative of business.

6.  An individual between the ages of 16 and 25, inclusive, who is a participant in or a supervisor of a service program for school-age youth, or of a campus-based or national service program.

7.  A representative of a national service program.

8.  An individual with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth.

9.  An individual with experience in promoting service and volunteerism among older adults.

Other voting members may include educators; experts in the delivery of human educational, environmental, or public safety services; representatives of Indian tribes; out-of-school or at-risk youth; and representatives of programs that are administered by or receive assistance under the Domestic Volunteer Service Act of 1973, as amended. However, the preceding list shall not be construed as an exhaustive one.

(b)  Not more than 50 percent plus one of the voting members of the commission may be aligned with the same political party. In addition, the number of voting members of the commission who are officers or employees of the state may not exceed 25 percent, reduced to the nearest whole number, of the total membership of the commission.

(4)  Members of the commission shall serve for terms of 3 years. Members may be reappointed for successive terms. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

(5)  The commission shall meet at the call of its chair or at the request of a majority of its total voting membership, but shall meet at least biannually. A majority of the total voting membership shall constitute a quorum, and the affirmative vote of a majority of a quorum is necessary to take official action.

(6)  Members of the commission shall serve without compensation, but voting members shall be reimbursed for per diem and travel expenses in accordance with s. 112.061.

(7)  The commission shall:

(a)  Annually elect a chair and a vice chair. To be eligible to serve as chair, an individual must be a voting member of the commission.

(b)  Employ an executive director, who shall be initially designated by the Governor, to carry out the provisions of this section. The executive director shall report directly to the commission. The executive director shall be the chief administrative officer of the commission and shall be responsible for appointing all employees and staff members of the commission, who shall serve under the executive director's direction and control.

(c)  Prepare an annual report detailing its activities during the preceding year and, to the extent possible, compile and synthesize any reports that it accepted on behalf of the Governor. The commission's report shall be presented to the Governor no later than January 15, with copies to the President of the Senate and the Speaker of the House of Representatives. The report shall also include specific recommendations for any necessary legislative, administrative, or regulatory reform, and the commission's assessment of the state of volunteerism in Florida.

(8)  The commission may:

(a)  Secure assistance from all state departments and agencies in order for the commission to avail itself of expertise at minimal cost.

(b)  Procure information and assistance from the state or any political subdivision, municipal corporation, public officer, or governmental department or agency thereof.

(c)  Apply for and accept funds, grants, gifts, and services from local, state, or federal government, or from any of their agencies, or any other public or private source and is authorized to use funds derived from these sources to defray administrative costs, implement programs as may be necessary to carry out the commission's charge, and assist agencies, institutions, and individuals in the implementation of programs pursuant to the Florida Volunteer and Community Service Act of 2001. The commission may also authorize Volunteer Florida, Inc., the commission's nonprofit direct-support organization, to assist in securing training, technical assistance, and other support needed to accomplish the intent and purposes of the Florida Volunteer and Community Service Act of 2001.

(d)  Contract for necessary goods and services.

(9)  The commission may establish a direct-support organization which is:

(a)  A Florida corporation, not for profit, incorporated under the provisions of chapter 617 and approved by the Secretary of State.

(b)  Organized and operated exclusively to receive, hold, invest, and administer property and funds and to make expenditures to or for the benefit of the program.

(c)  An organization which the commission, after review, has certified to be operating in a manner consistent with the goals of the program and in the best interests of the state.

(10)  The direct-support organization shall operate under written contract with the commission. The contract must provide for:

(a)  Approval of the articles of incorporation and bylaws of the direct-support organization by the commission.

(b)  Submission of an annual budget for the approval of the commission. The budget must comply with rules adopted by the commission.

(c)  Certification by the commission that the direct-support organization is complying with the terms of the contract and in a manner consistent with the goals and purposes of the commission and in the best interest of the state. Such certification must be made annually and reported in the official minutes of a meeting of the commission.

(d)  The reversion to the commission, or the state if the commission ceases to exist, of moneys and property held in trust by the direct-support organization if the direct-support organization is no longer approved to operate for the commission or the commission ceases to exist.

(e)  The fiscal year of the direct-support organization, to begin July 1 of each year and end June 30 of the following year.

(f)  The disclosure of material provisions of the contract and the distinction between the board of directors and the direct-support organization to donors of gifts, contributions, or bequests, as well as on all promotional and fundraising publications.

(11)  The members of the direct-support organization's board of directors must include members of the commission.

(12)  The commission may authorize a direct-support organization to use its property (except money), facilities, and personal services, subject to the provisions of this section. A direct-support organization that does not provide equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin may not use the property, facilities, or personal services of the commission. For the purposes of this subsection, the term "personal services" includes full-time personnel and part-time personnel as well as payroll processing.

(13)  The commission shall adopt rules prescribing the procedures by which the direct-support organization is governed and any conditions with which the direct-support organization must comply to use property, facilities, or personal services of the commission.

(14)  Moneys of the direct-support organization may be held in a separate depository account in the name of the direct-support organization and subject to the provisions of the contract with the commission. Such moneys may include membership fees, private donations, income derived from fundraising activities, and grants applied for and received by the direct-support organization.

(15)  The direct-support organization shall provide for an annual financial audit in accordance with s. 215.981.

History.--s. 1, ch. 94-221; s. 1311, ch. 95-147; s. 2, ch. 95-196; s. 2, ch. 2001-84; s. 20, ch. 2001-266; s. 3, ch. 2002-1.

14.295  Florida Volunteer and Community Service Act of 2001.--

(1)  This act may be cited as the "Florida Volunteer and Community Service Act of 2001."

(2)  It is the intent of the Legislature to promote the development of better communities by fostering greater civic responsibility through volunteerism and service to the community. Toward this end, the Executive Office of the Governor may establish policies and procedures which provide for the expenditure of funds to develop and facilitate initiatives by public agencies, scholastic institutions, private institutions, and individuals that establish and implement programs that encourage and reward volunteerism.

(3)  Initiatives and programs developed pursuant to this act shall have the following purposes and objectives:

(a)  To place increased priority on citizen participation and volunteerism as a means of addressing the increasingly complex problems facing Florida's communities.

(b)  To encourage local community leaders to implement strategies that expand civic participation based on the fact that volunteers represent a valuable and much-needed asset within communities.

(c)  To promote the concept and practice of corporate citizenship, particularly in communities where such initiatives are less developed.

(d)  To build the enthusiasm, dedication, and combined expertise of individual citizens and public and private systems to find new and creative ways to effectively use volunteerism and community service as a strategy to meet the challenges facing Florida's communities both now and in the future.

(e)  To foster the alignment of community volunteer resources with the goals of the state.

(f)  To implement policy and administrative changes that encourage and enable individuals to participate in volunteer and community service activities.

(g)  To encourage nonprofit agencies to interweave volunteers into the fabric of their service delivery as a means of increasing the effectiveness and efficiency of their services.

(h)  To support and promote volunteer service to all citizens as an effective means to address community needs and foster a collective commitment to lifelong community service.

(i)  To recognize National Volunteer Week as a time to encourage all citizens of Florida to participate in local service projects.

(j)  To recognize the value of individual volunteers and volunteer and service organizations and programs and to honor and celebrate the success of volunteers.

(k)  To encourage volunteer and service efforts to point children in the right direction and to endow them with the character and competence they need to achieve success in life. In order to accomplish this, the citizens of Florida are encouraged to support America's Promise, the Alliance for Youth, and Florida's Promise for Youth through volunteerism and citizen service, to help ensure that children in Florida have the following five fundamental resources in their lives:

1.  An ongoing relationship with a caring adult.

2.  Safe places with structured activities during after-school hours.

3.  A healthy start.

4.  A marketable skill through effective education.

5.  An opportunity to give back through community service.

History.--s. 1, ch. 2001-84.

14.32  Office of Chief Inspector General.--

(1)  There is created in the Executive Office of the Governor the Office of Chief Inspector General. The Chief Inspector General shall be responsible for promoting accountability, integrity, and efficiency in the agencies under the jurisdiction of the Governor. The Chief Inspector General shall be appointed by and serve at the pleasure of the Governor.

(2)  The Chief Inspector General shall:

(a)  Initiate, supervise, and coordinate investigations, recommend policies, and carry out other activities designed to deter, detect, prevent, and eradicate fraud, waste, abuse, mismanagement, and misconduct in government.

(b)  Investigate, upon receipt of a complaint or for cause, any administrative action of any agency, the administration of which is under the direct supervision of the Governor, regardless of the finality of the administrative action.

(c)  Request such assistance and information as may be necessary for the performance of the duties of the Chief Inspector General.

(d)  Examine the records and reports of any agency the administration of which is under the direct supervision of the Governor.

(e)  Coordinate complaint-handling activities with agencies.

(f)  Coordinate the activities of the Whistle-blower's Act pursuant to chapter 112 and maintain the whistle-blower's hotline to receive complaints and information concerning the possible violation of law or administrative rules, mismanagement, fraud, waste, abuse of authority, malfeasance, or a substantial or specific danger to the health, welfare, or safety of the public.

(g)  Report expeditiously to and cooperate fully with the Department of Law Enforcement, the Department of Legal Affairs, and other law enforcement agencies when there are recognizable grounds to believe that there has been a violation of criminal law or that a civil action should be initiated.

(h)  Act as liaison with outside agencies and the Federal Government to promote accountability, integrity, and efficiency in state government.

(i)  Act as liaison and monitor the activities of the inspectors general in the agencies under the Governor's jurisdiction.

(j)  Review, evaluate, and monitor the policies, practices, and operations of the Executive Office of the Governor.

(k)  Conduct special investigations and management reviews at the request of the Governor.

(3)  The Chief Inspector General shall serve as the inspector general for the Executive Office of the Governor.

History.--s. 9, ch. 94-235.