CODING: Words stricken are deletions; words underlined are additions.House Bill 1037
Florida House of Representatives - 1997 HB 1037
By Representatives Hafner and Feeney
1 A bill to be entitled
2 An act relating to the repeal of advisory
3 bodies and other governmental entities;
4 amending s. 20.13, F.S.; eliminating the Bureau
5 of Information Systems within the Division of
6 Administration of the Department of Insurance;
7 amending s. 27.36, F.S.; deleting a reference
8 to the Council on Organized Crime, which has
9 been abolished; amending s. 228.0875, F.S.;
10 terminating the Governor's Summer Colleges
11 Council; amending s. 230.71, F.S.; terminating
12 the Intergenerational School Volunteer Advisory
13 Board; amending s. 239.505, F.S.; terminating
14 the Advisory Board on Constructive Youth
15 Programs; repealing part X of chapter 288,
16 F.S., to terminate the Florida Defense
17 Conversion and Transition Commission and its
18 related duties; amending s. 288.1045, F.S., to
19 conform; amending s. 408.033, F.S., relating to
20 local and state health planning; terminating
21 the Statewide Health Council; amending ss.
22 186.022, 186.508, 240.5121, 395.604, 408.038,
23 408.039, and 408.0455, F.S., and repealing ss.
24 186.003(9) and 186.503(9), relating to
25 definitions of the council, to conform;
26 repealing chapter 30280, Laws of Florida, 1955,
27 as amended, to terminate the Clay County
28 Hospital District and the Clay County Hospital
29 Authority; repealing chapter 57-700, Laws of
30 Florida, as amended, to terminate the Suwanee
31 River Authority; repealing chapter 59-1939,
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1 Laws of Florida, as amended, to terminate the
2 Union County Development Authority; repealing
3 chapter 67-2027, Laws of Florida, to terminate
4 the Santa Rosa County Airport and Industrial
5 Authority; repealing chapter 71-926, Laws of
6 Florida, to terminate the Sumter County
7 Hospital Authority; repealing s. 79, ch.
8 90-201, Laws of Florida, to terminate the
9 International Language Institute Advisory
10 Council; repealing s. 1, ch. 90-232, Laws of
11 Florida, to terminate the Task Force on County
12 Contributions to Medicaid; repealing proviso
13 language in s. 1, ch. 91-193, Laws of Florida,
14 to terminate the Task Force on Productivity
15 Enhancement; repealing s. 63, ch. 93-164, Laws
16 of Florida, to terminate the Commission to
17 Study the Safety and Security of
18 Railroad-Highway Grade Crossings; repealing ss.
19 23 and 24, ch. 94-292, Laws of Florida, to
20 terminate the Florida Education Facilities
21 Study Committee; repealing proviso language in
22 s. 1A, ch. 94-357, Laws of Florida, to
23 terminate the Commission on Long-Term Care in
24 Florida; providing effective dates.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (5) of section 20.13, Florida
29 Statutes, is amended to read:
30 20.13 Department of Insurance.--There is created a
31 Department of Insurance.
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1 (5) A Bureau of Financial and Support Services and a
2 Bureau of Information Systems is created within the Division
3 of Administration.
4 Section 2. Subsection (2) of section 27.36, Florida
5 Statutes, is amended to read:
6 27.36 Office of Prosecution Coordination.--
7 (2) The office shall coordinate and provide
8 information, assistance, and staff support to the Council on
9 Organized Crime and the various state attorneys.
10 Section 3. Section 228.0875, Florida Statutes, is
11 amended to read:
12 228.0875 Governor's Summer Colleges residential
13 programs; scope; objectives; colleges council.--
14 (1) There is hereby established the Governor's Summer
15 Colleges, a series of 4-week summer residential programs for
16 highly qualified rising high school seniors to be conducted at
17 selected residential institutions in the state. Each
18 participating student shall be designated as a Governor's
19 Scholar. The Governor's Summer Colleges shall consist of four
20 independent programs in public issues, liberal arts,
21 mathematics and science, and visual and performing arts.
22 Students who are selected to participate in each Governor's
23 Summer College shall be charged no fee for tuition,
24 matriculation, registration, or housing.
25 (2) The primary educational objectives of each
26 Governor's Summer College shall include, but not be limited
27 to, the following:
28 (a) Engaging students in active learning projects that
29 will foster intellectual and effective growth, and
30 (b) Increasing student awareness of problems or issues
31 related to an area of study and encouraging students to
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1 address the problems or issues in a manner through which they
2 translate ideas into action.
3 (3)(a) There is created the Governor's Summer Colleges
4 Council. The council shall be composed of eight members, four
5 of whom shall be appointed by the Governor and the
6 Commissioner of Education, respectively. The Governor and the
7 Commissioner of Education shall each appoint a personal
8 representative to the council and one member to represent
9 school districts, one member to represent community colleges,
10 and one member to represent universities. The terms of
11 council members shall be 1 year, and any member may be
12 eligible for reappointment. Members of the council shall
13 receive no compensation, but they shall be entitled to per
14 diem and travel expenses pursuant to s. 112.061. The Governor
15 shall appoint the chair of the council. The council shall
16 meet at the call of the chair or at the request of a majority
17 of the council members.
18 (b) The duties of the council shall include, but not
19 be limited to, the following:
20 1. Providing general oversight of the programs.
21 2. Recommending rules to the State Board of Education
22 regarding procedures for selecting student participants,
23 including the manner in which the number of eligible students
24 shall be assigned to each school district. At least one
25 student from each school district shall be considered for any
26 program conducted within the college.
27 3. Recommending rules to the State Board of Education
28 regarding the participation of students who attend nonpublic
29 or developmental research schools.
30 4. Recommending rules to the State Board of Education
31 regarding the criteria, requirements, and procedures for
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1 selecting participating institutions, including the
2 establishment of the length of the term for which an
3 institution shall host one or more programs. However, an
4 institution shall not consecutively host the same program.
5 5. Recommending the selection of participating
6 institutions to the State Board of Education.
7 (3)(4) The program shall commence during the 1987-1988
8 academic year, in the summer of 1988, with a Governor's Summer
9 College of Liberal Arts at New College and a Governor's Summer
10 College of Public Issues at Florida State University.
11 Subsequent locations of each Governor's Summer College shall
12 be designated by the Governor's Summer Colleges Council for
13 selection by the State Board of Education.
14 Section 4. Section 230.71, Florida Statutes, is
15 amended to read:
16 230.71 Intergenerational school volunteer programs.--
17 (1) LEGISLATIVE INTENT.--It is the intent of the
18 Legislature to:
19 (a) Recognize and unite senior citizens and school
20 children in order to enrich the lives of both.
21 (b) Promote activities between persons over the age of
22 50 years and school youth in school and nonschool settings.
23 (c) Create a mechanism for the development, expansion,
24 and support of effective and innovative intergenerational
25 school volunteer programs in the state.
26 (2) PROGRAMS.--Intergenerational school volunteer
27 programs for persons over the age of 50 years and school youth
28 from prekindergarten through grade 12 shall be administered,
29 implemented, and conducted by school districts and
30 developmental research schools pursuant to plans developed and
31 approved as provided in this section.
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1 (3) PLANS.--Each school district and developmental
2 research school may submit to the Commissioner of Education
3 and the Intergenerational School Volunteer Advisory Board
4 provided in subsection (6) a plan for conducting an
5 intergenerational school volunteer program. To be considered
6 for approval and funding, each school district and
7 developmental research school plan, or amendment to a plan,
8 shall be submitted to the commissioner and advisory board by
9 January 30 of each year. Each plan shall include the
10 following components:
11 (a) A description of the program to be implemented,
12 including a statement of the program objectives, activities,
13 target population, number of students and seniors to be
14 served, and identification of all federal, state, local, and
15 other educational and noneducational entities involved in the
16 program development. The program shall include activities for
17 senior volunteer involvement aimed at enriching the lives of
18 students and student activities aimed at enriching the lives
19 of seniors. Program strategies shall include, but not be
20 limited to, inducements as described in subsection (4).
21 (b) All services to be provided.
22 (c) The program budget, including identification of
23 all federal, state, local, or other funds which will be used
24 to support the program.
25 (d) The method of training senior and student
26 volunteers.
27 (e) The expected results of the program, including a
28 list of advantages and disadvantages to the senior citizens,
29 students, teachers, community, and district school system.
30 (f) Evaluation procedures and outcome measures.
31
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1 (4) INTERAGENCY COOPERATION AND COORDINATION.--School
2 district and developmental research school programs shall
3 cooperate and coordinate to the fullest extent possible with
4 other related federal, state, and local educational and
5 noneducational entities to maximize existing human and fiscal
6 resources. The Commissioner of Education and the
7 Intergenerational School Volunteer Advisory Board provided in
8 subsection (6) shall identify, create, and facilitate
9 mechanisms to ensure the coordination of intergenerational
10 school volunteer program inducements, including, but not
11 limited to, meals in schools, free or reduced tuition for
12 courses offered at participating public educational
13 institutions, and free or reduced-price admission to concerts,
14 plays, or other cultural, educational, social, or
15 health-related activities in the community.
16 (5) INTERGENERATIONAL SCHOOL VOLUNTEER PROGRAM.--There
17 is hereby created the Intergenerational School Volunteer
18 Program for implementing the provisions of this section. The
19 Department of Education is authorized to accept grants and
20 donations from foundations, private sources, and the Federal
21 Government which shall be deposited in the Grants and
22 Donations Trust Fund to carry out the purposes of this
23 section. The department is authorized and directed to award
24 grants annually no later than October 1 on a competitive basis
25 to school districts and developmental research schools.
26 (6) ADVISORY BOARD.--There is created the
27 Intergenerational School Volunteer Advisory Board to assist
28 and advise the Commissioner of Education in the creation and
29 improvement of intergenerational school volunteer programs.
30 (a) The board shall be composed of 22 members. The
31 Governor shall appoint three members, one of whom shall be a
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1 school district senior volunteer program coordinator. The
2 President of the Senate shall appoint three members, one of
3 whom shall be a school district senior volunteer program
4 coordinator. The Speaker of the House of Representatives
5 shall appoint three members, one of whom shall be a school
6 district senior volunteer program coordinator. The president
7 of the Florida Chamber of Commerce shall appoint one member.
8 The chairperson of the Statewide School Volunteer Advisory
9 Council shall appoint three members. The Secretary of Health
10 and Rehabilitative Services shall appoint two members, one of
11 whom shall be a member of the American Association of Retired
12 Persons and one of whom shall be from the retired senior
13 volunteer program. The Commissioner of Education shall
14 appoint four members, to include a representative of the
15 Department of Education's community education program, a
16 school board member, a principal, and a senior participant
17 from an intergenerational school volunteer program. The
18 director of the Division of Cultural Affairs of the Department
19 of State shall appoint one member. The Department of Elderly
20 Affairs shall appoint one member. The director of
21 Grandpeople, Inc., shall appoint one member who shall be a
22 representative of the Foster Grandparent Program.
23 (b) The board is assigned to the Department of
24 Education for administrative purposes.
25 (c) Board members shall serve for 3-year staggered
26 terms. However, of the initial appointees, seven shall hold
27 1-year terms, eight shall hold 2-year terms, and seven shall
28 hold 3-year terms. Five members who are appointed for less
29 than a 3-year term may be reappointed.
30
31
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1 (d) A vacancy shall be filled by the official who
2 originally appointed the board member whose seat has become
3 vacant.
4 (e) As soon as practicable following appointment of
5 the board, the Commissioner of Education shall call an
6 organizational meeting of the board. By majority vote of all
7 its members, the board shall elect its own chairperson from
8 among its members and adopt bylaws for its own governance.
9 The chairperson shall preside over meetings of the board and
10 perform other duties directed by the board or required by its
11 duly adopted bylaws or operating procedures. Members of the
12 board shall serve without compensation, but shall be
13 reimbursed for per diem and travel expenses while engaged in
14 board duties, as provided in s. 112.061.
15 (f) The powers and duties of the board shall begin
16 with the 1990-1991 school year and shall include:
17 1. Advising the commissioner on the implementation of
18 the provisions of this section.
19 2. Identifying and disseminating information about
20 model intergenerational programs in the state.
21 3. Evaluating plans for intergenerational activities.
22 4. Making recommendations to the commissioner for
23 approval of intergenerational school volunteer programs and
24 the awarding of grants.
25 5. Developing a plan for more effective community
26 awareness and support.
27 6. Advising the commissioner on the evaluation of
28 current intergenerational school volunteer programs.
29 7. Filing with the Legislature by March 1, 1991, and
30 annually thereafter, a report containing progress toward
31 achieving the goals of this section.
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1 (6)(7) TECHNICAL ASSISTANCE.--The Department of
2 Education shall develop a clearinghouse for any and all
3 intergenerational material dissemination. The department
4 shall develop manuals and guidelines for the development of
5 school district and developmental research school plans and
6 shall provide technical assistance to assist school districts
7 and developmental research schools. The department shall
8 identify exemplary programs in the state to serve as models
9 and shall disseminate information on these programs to all
10 school districts and developmental research schools.
11 (7)(8) EVALUATION.--The Commissioner of Education
12 shall conduct or contract for a study of the effectiveness of
13 intergenerational school volunteer programs.
14 (8)(9) RULES.--The State Board of Education shall
15 adopt rules necessary to implement the provisions of this
16 section.
17 Section 5. Subsections (9), (12), (13), and (14) of
18 section 239.505, Florida Statutes, 1996 Supplement, are
19 amended to read:
20 239.505 Florida constructive youth programs.--
21 (9) PROGRAM ELIGIBILITY.--Each school board or
22 community college board of trustees requesting funding for a
23 constructive youth program shall submit an application to the
24 Advisory Board on Constructive Youth Programs in accordance
25 with procedures established by the board. The board shall
26 review all applications submitted and forward applications
27 with the board's recommendations to the Department of
28 Education, which is authorized to approve, continue, or
29 terminate constructive youth programs, pursuant to the rules
30 established by the State Board of Education. In addition to
31 other criteria required by this section, each program shall
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1 submit continuing data to the department which must include,
2 at a minimum, the following:
3 (a) Planning data to:
4 1. Describe the education, training activities and
5 services, and work opportunities that will be provided to
6 participants.
7 2. Describe the proposed construction or
8 rehabilitation activities to be undertaken and the anticipated
9 schedule for carrying out such activities.
10 3. Describe the educational services, job training,
11 supportive services, and other services and activities that
12 will be provided to participants.
13 4. Describe the manner in which participants will be
14 recruited and selected, including a description of
15 arrangements and agreements that will be made with
16 community-based organizations, state and local educational
17 agencies, federal agencies, public assistance agencies,
18 juvenile courts, foster care agencies, and other applicable
19 public and private agencies or organizations.
20 5. Describe the special outreach efforts that will be
21 undertaken to recruit eligible young women, including women
22 with dependent children.
23 6. Describe the special outreach efforts that will be
24 undertaken to recruit eligible young farmworkers or migrant
25 workers.
26 7. Describe how the proposed program will be
27 coordinated with federal, state, and local programs, including
28 vocational and adult education programs, teenage parent
29 programs, job training programs provided with funds available
30 under the Job Training Partnership Act, housing and economic
31 development projects, and activities or projects that receive
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1 assistance under federal and state housing and community
2 development statutes.
3 8. Provide a tentative budget.
4 9. Provide assurances that there will be a sufficient
5 number of educational support employees, instructional
6 personnel certified by the state pursuant to s. 231.17, and
7 supervisory personnel in each program, and that these
8 supervisory personnel are adequately trained in the skills
9 needed to carry out the program.
10 10. Describe all activities that will be undertaken to
11 develop the leadership skills of participants.
12 11. Set forth such other assurances, arrangements, and
13 conditions as the department considers appropriate to carry
14 out the purposes of this section.
15 (b) Implementation data to:
16 1. Describe the method of implementing and conducting
17 the program and identify all services that will be made
18 available to participants pursuant to the contents of planning
19 materials submitted pursuant to paragraph (a).
20 2. Provide a detailed budget.
21 3. Describe the strategy utilized for interagency
22 coordination in order to maximize existing human and fiscal
23 resources.
24 4. Provide copies of all contracts and arrangements
25 entered into between the constructive youth program and other
26 agencies or entities.
27 5. Set forth such other assurances, arrangements, and
28 conditions as the department considers appropriate to carry
29 out the purposes of this program.
30 (c) Continuation data to:
31
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1 1. Provide information on evaluation procedures used
2 to measure performance of participants.
3 2. Provide information on the number of participants
4 who achieve a high school diploma or a high school equivalency
5 diploma prior to completion, upon completion, or within 6
6 months after completion of the constructive youth program.
7 3. Provide information on the level of education
8 obtained by participants who do not obtain a high school or
9 high school equivalency diploma.
10 4. Provide information on the effectiveness of the
11 program, including cost-effectiveness.
12 5. Provide a detailed anticipated budget for
13 continuation of the program and list all sources of funding
14 requested, both public and private.
15 6. Describe procedures used for early identification
16 of youths at risk of dropping out of the program and methods
17 for retrieval of these youths.
18 7. Describe the degree to which the program's
19 objectives and activities are consistent with the goals of
20 this section.
21 8. Set forth such other assurances, arrangements, and
22 conditions as the department considers appropriate to carry
23 out the purposes of this section.
24 (d) Dissemination data to:
25 1. Develop a manual that includes a presentation of
26 the intent and goals of the program, the degree to which the
27 program's objectives have been met, examples of successful
28 practices, identification of resources available to supplement
29 the program's budget, and other information that will assist
30 in the successful implementation of the program by another
31 school district or community college.
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1 2. Provide detailed information on the various
2 programs and activities available to participants and the
3 successful or unsuccessful utilization of the various programs
4 and activities by participants.
5 3. Provide, in detail, any changes in the basic format
6 of the constructive youth program or its implementation and
7 administration.
8 (12) ADVISORY BOARD.--There is created the Advisory
9 Board on Constructive Youth Programs which shall provide
10 ongoing technical assistance to each school district or
11 community college establishing a constructive youth program.
12 The Commissioner of Education, the Secretary of Health and
13 Rehabilitative Services, the Secretary of Community Affairs,
14 and the Secretary of Labor and Employment Security shall each
15 appoint two members to the advisory board. In addition, a
16 private sector representative of the State Job Training
17 Coordinating Council shall be appointed by the Governor. All
18 members shall be appointed for 4-year terms and may be removed
19 by the State Board of Education for cause or upon the written
20 petition of a majority of the remaining board members.
21 Members shall serve without compensation, but shall be
22 entitled to receive reimbursement for per diem and travel
23 expenses consistent with the provisions of s. 112.061. The
24 purpose and function of the board is as follows:
25 (a) To propose rules necessary for the implementation
26 of the provisions of this section to the State Board of
27 Education.
28 (b) To establish a unified application procedure to
29 streamline the entire application process.
30 (c) To establish criteria for recommending programs
31 for approval to the Commissioner of Education.
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1 (d) To provide recommendations for ongoing technical
2 assistance to school districts and community colleges
3 establishing constructive youth programs.
4 (12)(13) REPORT FROM COMMISSIONER OF EDUCATION.--The
5 Commissioner of Education shall report to the Legislature no
6 later than January 1, 1993, recommendations for modifications
7 of statutes or rules of the State Board of Education which are
8 necessary to remove statutory or regulatory barriers that may
9 affect implementation of constructive youth programs.
10 (13)(14) RULES.--The State Board of Education may
11 amend existing rules and adopt new rules, including any
12 proposed rule recommended by the Advisory Board on
13 Constructive Youth Programs, necessary to implement the
14 provisions of this section.
15 Section 6. (1) Sections 288.971, 288.976, and
16 288.977, Florida Statutes, as created by chapter 94-323, Laws
17 of Florida; sections 288.972 and 288.974, Florida Statutes, as
18 created by chapter 94-323, Laws of Florida, and amended by
19 chapter 96-348, Laws of Florida; section 288.973, Florida
20 Statutes, as created by chapter 94-323, Laws of Florida, and
21 amended by chapters 95-148, 96-320, and 96-348, Laws of
22 Florida; and sections 288.975 and 288.980, Florida Statutes,
23 as created by chapter 94-323, Laws of Florida, and amended by
24 chapters 96-320 and 96-348, Laws of Florida, are hereby
25 repealed.
26 (2) This section shall take effect October 1, 1997.
27 Section 7. Effective October 1, 1997, paragraph (d) of
28 subsection (6) of section 288.1045, Florida Statutes, 1996
29 Supplement, is amended to read:
30 288.1045 Qualified defense contractor tax refund
31 program.--
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1 (6) ADMINISTRATION.--
2 (d) By December 1 September 30 of each year, the
3 department shall submit a complete and detailed report to the
4 Governor, the President of the Senate, and the Speaker of the
5 House of Representatives Defense Conversion and Transition
6 Commission, created under Executive Order 93-118, of all tax
7 refunds paid under this section, including analyses of
8 benefits and costs, types of projects supported, employment
9 and investment created, geographic distribution of tax refunds
10 granted, and minority business participation. The report must
11 indicate whether the moneys appropriated by the Legislature to
12 the qualified applicant tax refund program were expended in a
13 prudent, fiducially sound manner. By December 1 of each year,
14 the Defense Conversion and Transition Commission shall review
15 and comment on the report, and shall submit the report
16 together with the commission's comments to the Governor, the
17 President of the Senate, and the Speaker of the House of
18 Representatives.
19 Section 8. Section 408.033, Florida Statutes, is
20 amended to read:
21 408.033 Local and state health planning.--
22 (1) LOCAL HEALTH COUNCILS.--
23 (a) Local health councils are hereby established as
24 public or private nonprofit agencies serving the counties of a
25 district or regional area of the agency. The members of each
26 council shall be appointed in an equitable manner by the
27 county commissions having jurisdiction in the respective
28 district. Each council shall be composed of a number of
29 persons equal to 1 1/2 times the number of counties which
30 compose the district or 12 members, whichever is greater.
31 Each county in a district shall be entitled to at least one
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1 member on the council. The balance of the membership of the
2 council shall be allocated among the counties of the district
3 on the basis of population rounded to the nearest whole
4 number; except that in a district composed of only two
5 counties, no county shall have fewer than four members. The
6 appointees shall be representatives of health care providers,
7 health care purchasers, and nongovernmental health care
8 consumers, but not excluding elected government officials.
9 The members of the consumer group shall include a
10 representative number of persons over 60 years of age. A
11 majority of council members shall consist of health care
12 purchasers and health care consumers. The local health
13 council shall provide each county commission a schedule for
14 appointing council members to ensure that council membership
15 complies with the requirements of this paragraph. The members
16 of the local health council shall elect a chairman. Members
17 shall serve for terms of 2 years and may be eligible for
18 reappointment.
19 (b) Each local health council may:
20 1. Develop a district or regional area health plan
21 that is consistent with the objectives and strategies in the
22 state health plan, but that shall permit each local health
23 council to develop strategies and set priorities for
24 implementation based on its unique local health needs. The
25 district or regional area health plan must contain preferences
26 for the development of health services and facilities, which
27 may be considered by the agency in its review of
28 certificate-of-need applications. The district health plan
29 shall be submitted to the agency and updated periodically.
30 The district health plans shall use a uniform format and be
31 submitted to the agency according to a schedule developed by
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1 the agency in conjunction with the Statewide Health Council
2 and the local health councils. The schedule must provide for
3 coordination between the development of the state health plan
4 and the district health plans and for the development of
5 district health plans by major sections over a multiyear
6 period. The elements of a district plan which are necessary
7 to the review of certificate-of-need applications for proposed
8 projects within the district may be adopted by the agency as a
9 part of its rules.
10 2. Advise the agency on health care issues and
11 resource allocations.
12 3. Promote public awareness of community health needs,
13 emphasizing health promotion and cost-effective health service
14 selection.
15 4. Collect data and conduct analyses and studies
16 related to health care needs of the district, including the
17 needs of medically indigent persons, and assist the agency and
18 other state agencies in carrying out data collection
19 activities that relate to the functions in this subsection.
20 5. Monitor the onsite construction progress, if any,
21 of certificate-of-need approved projects and report council
22 findings to the agency on forms provided by the agency.
23 6. Advise and assist any regional planning councils
24 within each district that have elected to address health
25 issues in their strategic regional policy plans with the
26 development of the health element of the plans to address the
27 health goals and policies in the State Comprehensive Plan.
28 7. Advise and assist local governments within each
29 district on the development of an optional health plan element
30 of the comprehensive plan provided in chapter 163, to assure
31 compatibility with the health goals and policies in the State
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1 Comprehensive Plan and district health plan. To facilitate
2 the implementation of this section, the local health council
3 shall annually provide the local governments in its service
4 area, upon request, with:
5 a. A copy and appropriate updates of the district
6 health plan;
7 b. A report of hospital and nursing home utilization
8 statistics for facilities within the local government
9 jurisdiction; and
10 c. Applicable agency rules and calculated need
11 methodologies for health facilities and services regulated
12 under s. 408.034 for the district served by the local health
13 council.
14 8. Monitor and evaluate the adequacy, appropriateness,
15 and effectiveness, within the district, of local, state,
16 federal, and private funds distributed to meet the needs of
17 the medically indigent and other underserved population
18 groups.
19 9. In conjunction with the Agency for Health Care
20 Administration Department of Health and Rehabilitative
21 Services and Statewide Health Council, plan for services at
22 the local level for persons infected with the human
23 immunodeficiency virus.
24 10. Provide technical assistance to encourage and
25 support activities by providers, purchasers, consumers, and
26 local, regional, and state agencies in meeting the health care
27 goals, objectives, and policies adopted by the local health
28 council.
29 11. Provide the agency with data required by rule for
30 the review of certificate-of-need applications and the
31
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1 projection of need for health services and facilities in the
2 district.
3 (c) Local health councils may conduct public hearings
4 pursuant to s. 408.039(3)(b).
5 (d) Each local health council shall enter into a
6 memorandum of agreement with each regional planning council in
7 its district that elects to address health issues in its
8 strategic regional policy plan. In addition, each local
9 health council shall enter into a memorandum of agreement with
10 each local government that includes an optional health element
11 in its comprehensive plan. Each memorandum of agreement must
12 specify the manner in which each local government, regional
13 planning council, and local health council will coordinate its
14 activities to ensure a unified approach to health planning and
15 implementation efforts.
16 (e) Local health councils may employ personnel to
17 carry out the councils' purposes. Such personnel shall
18 possess qualifications and be compensated in a manner
19 commensurate with comparable positions in the Career Service
20 System. However, such personnel shall not be deemed to be
21 state employees.
22 (f) Personnel of the local health councils shall
23 provide an annual orientation to council members about council
24 member responsibilities. The orientation shall include
25 presentations and participation by agency staff.
26 (g) Each local health council is authorized to accept
27 and receive, in furtherance of its health planning functions,
28 funds, grants, and services from governmental agencies and
29 from private or civic sources and to perform studies related
30 to local health planning in exchange for such funds, grants,
31 or services. Each local health council shall, no later than
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1 January 30 of each year, render an accounting of the receipt
2 and disbursement of such funds received by it to the agency.
3 The agency shall consolidate all such reports and submit such
4 consolidated report to the Legislature no later than March 1
5 of each year. Funds received by a local health council
6 pursuant to this paragraph shall not be deemed to be a
7 substitute for, or an offset against, any funding provided
8 pursuant to subsection (2) (3).
9 (2) STATEWIDE HEALTH COUNCIL.--The Statewide Health
10 Council is hereby established as a state-level comprehensive
11 health planning and policy advisory board. For administrative
12 purposes, the council shall be located within the agency. The
13 Statewide Health Council shall be composed of: the State
14 Health Officer; the Deputy Director for Health Policy and Cost
15 Control and the Deputy Director for Health Quality Assurance
16 of the department; the director of the Health Care Board; the
17 Insurance Commissioner or his designee; the Vice Chancellor
18 for Health Affairs of the Board of Regents; three chairmen of
19 regional planning councils, selected by the regional planning
20 councils; five chairmen of local health councils, selected by
21 the local health councils; four members appointed by the
22 Governor, one of whom is a consumer over 60 years of age, one
23 of whom is a representative of organized labor, one of whom is
24 a physician, and one of whom represents the nursing home
25 industry; five members appointed by the President of the
26 Senate, one of whom is a representative of the insurance
27 industry in this state, one of whom is the chief executive
28 officer of a business with more than 300 employees in this
29 state, one of whom represents the hospital industry, one of
30 whom is a primary care physician, and one of whom is a nurse,
31 and five members appointed by the Speaker of the House of
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1 Representatives, one of whom is a consumer who represents a
2 minority group in this state, one of whom represents the home
3 health care industry in this state, one of whom is an allied
4 health care professional, one of whom is the chief executive
5 officer of a business with fewer than 25 employees in this
6 state, and one of whom represents a county social services
7 program that provides health care services to the indigent.
8 Appointed members of the council shall serve for 2-year terms
9 commencing October 1 of each even-numbered year. The council
10 shall elect a president from among the members who are not
11 state employees. The Statewide Health Council shall:
12 (a) Advise the Governor, the Legislature, and the
13 department on state health policy issues, state and local
14 health planning activities, and state health regulation
15 programs;
16 (b) Prepare a state health plan that specifies
17 subgoals, quantifiable objectives, strategies, and resource
18 requirements to implement the goals and policies of the health
19 element of the State Comprehensive Plan. The plan must assess
20 the health status of residents of this state; evaluate the
21 adequacy, accessibility, and affordability of health services
22 and facilities; assess government-financed programs and
23 private health care insurance coverages; and address other
24 topical local and state health care issues. Within 2 years
25 after the health element of the State Comprehensive Plan is
26 amended, and by July 1 of every 3rd year, if it is not
27 amended, the Statewide Health Council shall submit the state
28 health plan to the Executive Office of the Governor, the
29 secretary of the department, the President of the Senate, and
30 the Speaker of the House of Representatives;
31
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1 (c) Promote public awareness of state health care
2 issues and, in conjunction with the local health councils,
3 conduct public forums throughout the state to solicit the
4 comments and advice of the public on the adequacy,
5 accessibility, and affordability of health care services in
6 this state and other health care issues;
7 (d) Consult with local health councils, the Department
8 of Insurance, the Department of Health and Rehabilitative
9 Services, and other appropriate public and private entities,
10 including health care industry representatives regarding the
11 development of health policies;
12 (e) Serve as a forum for the discussion of local
13 health planning issues of concern to the local health councils
14 and regional planning councils;
15 (f) Review district health plans for consistency with
16 the State Comprehensive Plan and the state health plan;
17 (g) Review the health components of agency functional
18 plans for consistency with the health element of the State
19 Comprehensive Plan, advise the Executive Office of the
20 Governor regarding inconsistencies, and recommend revisions to
21 agency functional plans to make them consistent with the State
22 Comprehensive Plan;
23 (h) Review any strategic regional plans that address
24 health issues for consistency with the health element of the
25 State Comprehensive Plan, advise the Executive Office of the
26 Governor regarding inconsistencies, and recommend revisions to
27 strategic regional policy plans to make them consistent with
28 the State Comprehensive Plan;
29 (i) Assist the Department of Community Affairs in the
30 review of local government comprehensive plans to ensure
31
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1 consistency with policy developed in the district health
2 plans;
3 (j) With the assistance of the local health councils,
4 conduct public forums and use other means to determine the
5 opinions of health care consumers, providers, payors, and
6 insurers regarding the state's health care goals and policies
7 and develop suggested revisions to the health element of the
8 State Comprehensive Plan. The council shall submit the
9 proposed revisions to the health element of the State
10 Comprehensive Plan to the Governor, the President of the
11 Senate, and the Speaker of the House of Representatives by
12 February 1, 1993, and shall widely circulate the proposed
13 revisions to affected parties. The council shall periodically
14 assess the progress made in achieving the goals and policies
15 contained in the health element of the State Comprehensive
16 Plan and report to the department, the Governor, the President
17 of the Senate, and the Speaker of the House of
18 Representatives; and
19 (k) Conduct any other functions or studies and
20 analyses falling under the duties listed above.
21 (2)(3) FUNDING.--
22 (a) The Legislature intends that the cost of local
23 health councils and the Statewide Health Council be borne by
24 application fees for certificates of need and by assessments
25 on selected health care facilities subject to facility
26 licensure by the Agency for Health Care Administration,
27 including abortion clinics, assisted living facilities,
28 ambulatory surgical centers, birthing centers, clinical
29 laboratories except community nonprofit blood banks, home
30 health agencies, hospices, hospitals, intermediate care
31 facilities for the developmentally disabled, nursing homes,
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1 and multiphasic testing centers and by assessments on
2 organizations subject to certification by the agency pursuant
3 to chapter 641, part III, including health maintenance
4 organizations and prepaid health clinics.
5 (b)1. A hospital licensed under chapter 395, a nursing
6 home licensed under chapter 400, and an assisted living
7 facility licensed under chapter 400 shall be assessed an
8 annual fee based on number of beds.
9 2. All other facilities and organizations listed in
10 paragraph (a) shall each be assessed an annual fee of $150.
11 3. Facilities operated by the Department of Health and
12 Rehabilitative Services or the Department of Corrections and
13 any hospital which meets the definition of rural hospital
14 pursuant to s. 395.602 are exempt from the assessment required
15 in this subsection.
16 (c)1. The agency shall, by rule, establish fees for
17 hospitals and nursing homes based on an assessment of $2 per
18 bed. However, no such facility shall be assessed more than a
19 total of $500 under this subsection.
20 2. The agency shall, by rule, establish fees for
21 assisted living facilities based on an assessment of $1 per
22 bed. However, no such facility shall be assessed more than a
23 total of $150 under this subsection.
24 3. The agency shall, by rule, establish an annual fee
25 of $150 for all other facilities and organizations listed in
26 paragraph (a).
27 (d) The agency shall, by rule, establish a facility
28 billing and collection process for the billing and collection
29 of the health facility fees authorized by this subsection.
30 (e) A health facility which is assessed a fee under
31 this subsection is subject to a fine of $100 per day for each
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1 day in which the facility is late in submitting its annual fee
2 up to maximum of the annual fee owed by the facility. A
3 facility which refuses to pay the fee or fine is subject to
4 the forfeiture of its license.
5 (f) The agency shall deposit in the Health Care Trust
6 Fund all health care facility assessments that are assessed
7 under this subsection and proceeds from the
8 certificate-of-need application fees which are sufficient to
9 maintain the aggregate funding level for the local health
10 councils and the Statewide Health Council as specified in the
11 General Appropriations Act. The remaining certificate-of-need
12 application fees shall be used only for the purpose of
13 administering the Health Facility and Services Development
14 Act.
15 (3)(4) DUTIES AND RESPONSIBILITIES OF THE AGENCY
16 DEPARTMENT.--
17 (a) The agency department, in conjunction with the
18 Statewide Health Council and the local health councils, is
19 responsible for the planning of all health care services in
20 the state and for assisting the Statewide Health Council in
21 the preparation of the state health plan.
22 (b) The agency department shall develop and maintain a
23 comprehensive health care database for the purpose of health
24 planning and for certificate-of-need determinations. The
25 agency department or its contractor is authorized to require
26 the submission of information from health facilities, health
27 service providers, and licensed health professionals which is
28 determined by the agency department, through rule, to be
29 necessary for meeting the agency's department's
30 responsibilities as established in this section.
31
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1 (c) The agency department shall assist personnel of
2 the local health councils in providing an annual orientation
3 to council members about council member responsibilities.
4 (d) The agency department shall contract with the
5 local health councils for the services specified in subsection
6 (1). All contract funds shall be distributed according to an
7 allocation plan developed by the agency department that
8 provides for a minimum and equal funding base for each local
9 health council. Any remaining funds shall be distributed
10 based on adjustments for workload. The agency department may
11 also make grants to or reimburse local health councils from
12 federal funds provided to the state for activities related to
13 those functions set forth in this section. The agency
14 department may withhold funds from a local health council or
15 cancel its contract with a local health council which does not
16 meet performance standards agreed upon by the agency
17 department and local health councils.
18 Section 9. Subsection (9) of section 186.003, Florida
19 Statutes, as amended by chapter 95-280, Laws of Florida, and
20 subsection (9) of section 186.503, Florida Statutes, as
21 amended by chapter 95-280, Laws of Florida, are hereby
22 repealed.
23 Section 10. Subsection (3) of section 186.022, Florida
24 Statutes, 1996 Supplement, is amended to read:
25 186.022 State agency strategic plans; preparation,
26 form, and review.--
27 (3) The Executive Office of the Governor shall review
28 the state agency strategic plans to ensure that they are
29 consistent with the state comprehensive plan and other
30 requirements as specified in the written instructions. In its
31 review, the Executive Office of the Governor shall consider
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1 all comments received in formulating required revisions. This
2 shall include:
3 (a) The findings of the Statewide Health Council's
4 review of the consistency of the health components of agency
5 strategic plans with the health element of the state
6 comprehensive plan;
7 (a)(b) The findings of the review of the Information
8 Resource Commission with respect to the strategic information
9 resources management issues not covered under paragraph (d);
10 and
11 (b)(c) The findings of the Criminal and Juvenile
12 Justice Information Systems Council's review with respect to
13 public safety system strategic information technology
14 resources management issues.
15
16 Within 60 days, reviewed plans shall be returned to the
17 agency, together with any required revisions.
18 Section 11. Subsection (1) of section 186.508, Florida
19 Statutes, 1996 Supplement, is amended to read:
20 186.508 Strategic regional policy plan adoption;
21 consistency with state comprehensive plan.--
22 (1) Each regional planning council shall submit to the
23 Executive Office of the Governor its proposed strategic
24 regional policy plan on a schedule adopted by rule by the
25 Executive Office of the Governor to coordinate implementation
26 of the strategic regional policy plans with the evaluation and
27 appraisal reports required by s. 163.3191. The Executive
28 Office of the Governor, or its designee, shall review the
29 proposed strategic regional policy plan for consistency with
30 the adopted state comprehensive plan and shall, within 60
31 days, return the proposed strategic regional policy plan to
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1 the council, together with any revisions recommended by the
2 Governor. The Executive Office of the Governor must consider
3 the findings of the Statewide Health Council's review of the
4 consistency of the health elements of the strategic regional
5 policy plans with the health element of the state
6 comprehensive plan in formulating recommended revisions to the
7 strategic regional policy plans if the regional planning
8 council has elected to address health issues in its strategic
9 regional policy plan. The Governor's recommended revisions
10 shall be included in the plans in a comment section. However,
11 nothing herein shall preclude a regional planning council from
12 adopting or rejecting any or all of the revisions as a part of
13 its plan prior to the effective date of the plan. The rules
14 adopting the strategic regional policy plan shall not be
15 subject to rule challenge under s. 120.56(2) or to drawout
16 proceedings under s. 120.54(3)(c)2., but, once adopted, shall
17 be subject to an invalidity challenge under s. 120.56(3) by
18 substantially affected persons, including the Executive Office
19 of the Governor. The rules shall be adopted by the regional
20 planning councils within 90 days after receipt of the
21 revisions recommended by the Executive Office of the Governor,
22 and shall become effective upon filing with the Department of
23 State, notwithstanding the provisions of s. 120.54(3)(e)6.
24 Section 12. Paragraph (i) of subsection (4) of section
25 240.5121, Florida Statutes, is amended to read:
26 240.5121 Cancer control and research.--
27 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY
28 COUNCIL; CREATION; COMPOSITION.--
29 (i) The council shall approve each year a program for
30 cancer control and research to be known as the "Florida Cancer
31 Plan" which shall be consistent with the State Health Plan
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1 developed by the Statewide Health Council and integrated and
2 coordinated with existing programs in this state.
3 Section 13. Subsection (1) of section 395.604, Florida
4 Statutes, is amended to read:
5 395.604 Other rural hospital programs.--
6 (1) The agency may license rural primary care
7 hospitals subject to federal approval for participation in the
8 Medicare and Medicaid programs. Rural primary care hospitals
9 shall be treated in the same manner as emergency care
10 hospitals and rural hospitals with respect to ss.
11 395.605(2)-(8)(a), 408.033(2)(3)(b)3., and 408.038.
12 Section 14. Section 408.038, Florida Statutes, is
13 amended to read:
14 408.038 Fees.--The department shall assess fees on
15 certificate-of-need applications. Such fees shall be for the
16 purpose of funding the Statewide Health Council, the functions
17 of the local health councils, and the activities of the
18 department and shall be allocated as provided in s. 408.033.
19 The fee shall be determined as follows:
20 (1) A minimum base fee of $5,000.
21 (2) In addition to the base fee of $5,000, 0.015 of
22 each dollar of proposed expenditure, except that a fee may not
23 exceed $22,000.
24 Section 15. Paragraph (b) of subsection (4) of section
25 408.039, Florida Statutes, 1996 Supplement, is amended to
26 read:
27 408.039 Review process.--The review process for
28 certificates of need shall be as follows:
29 (4) STAFF RECOMMENDATIONS.--
30 (b) Within 60 days after all the applications in a
31 review cycle are determined to be complete, the department
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1 shall issue its State Agency Action Report and Notice of
2 Intent to grant a certificate of need for the project in its
3 entirety, to grant a certificate of need for identifiable
4 portions of the project, or to deny a certificate of need.
5 The State Agency Action Report shall set forth in writing its
6 findings of fact and determinations upon which its decision is
7 based. If a finding of fact or determination by the
8 department is counter to the district plan of the local health
9 council, the department shall provide in writing its reason
10 for its findings, item by item, to the local health council
11 and the Statewide Health Council. If the department intends
12 to grant a certificate of need, the State Agency Action Report
13 or the Notice of Intent shall also include any conditions
14 which the department intends to attach to the certificate of
15 need. The department shall designate by rule a senior staff
16 person, other than the person who issues the final order, to
17 issue State Agency Action Reports and Notices of Intent.
18 Section 16. Subsection (1) of section 408.0455,
19 Florida Statutes, is amended to read:
20 408.0455 Effect of ss. 408.031-408.045; rules; health
21 councils and plans; pending proceedings.--
22 (1) Nothing contained in ss. 408.031-408.045 is
23 intended to repeal or modify any of the existing rules of the
24 Department of Health and Rehabilitative Services, which shall
25 remain in effect and shall be enforceable by the Agency for
26 Health Care Administration; the existing composition of the
27 local health councils and the Statewide Health Council; or the
28 state health plan; or any of the local district health plans,
29 unless, and only to the extent that, there is a direct
30 conflict with the provisions of ss. 408.031-408.045.
31
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1 Section 17. Chapter 30280, Laws of Florida, 1955, as
2 amended by chapters 77-530, 86-395, and 94-421, Laws of
3 Florida, is hereby repealed.
4 Section 18. Chapter 57-700, Laws of Florida, as
5 amended by chapters 59-875, 61-545, and 67-952, Laws of
6 Florida, is hereby repealed.
7 Section 19. Chapter 59-1939, Laws of Florida, as
8 amended by chapter 83-530, Laws of Florida, is hereby
9 repealed.
10 Section 20. Chapter 67-2027, Laws of Florida, is
11 hereby repealed.
12 Section 21. Chapter 71-926, Laws of Florida, is hereby
13 repealed.
14 Section 22. Section 79 of chapter 90-201, Laws of
15 Florida, is hereby repealed.
16 Section 23. Section 1 of chapter 90-232, Laws of
17 Florida, is hereby repealed.
18 Section 24. The following proviso of section 1 of
19 chapter 91-193, Laws of Florida, is hereby repealed:
20
21 There is hereby created a nine (9) member task
22 force on Productivity Enhancement which shall
23 consist of three members appointed by the
24 Governor, three members appointed by the
25 Speaker of the House, and three members
26 appointed by the President of the Senate. The
27 task force shall review all agency productivity
28 plans and make recommendations. Elements of
29 productivity plans that involve automation or
30 innovative technologies, that are on approved
31 IRC plans may be recommended for release by the
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1 task force as soon as practicable.
2 Recommendations on productivity enhancement
3 that involve training, salaries and benefits
4 shall be made by January 1, 1992.
5
6 The Productivity Enhancement Plans submitted in
7 accordance with the 1991-92 Governor's
8 Recommended Budget will serve as the catalyst
9 for the task force review, and specific focus
10 shall be given, but not limited to, the areas
11 of automation and innovative technologies,
12 employee training, and salary and benefits
13 issues. Each agency shall amend their
14 productivity enhancement plan in accordance
15 with the actual agency budget reduction
16 contained in the 1991-92 General Appropriations
17 Act.
18
19 Each agency may choose to participate in a
20 vacant position reserve pool to increase the
21 resources available for the purpose of
22 implementing their productivity enhancement
23 plans. If a position becomes vacant after July
24 1, 1991, an agency may request the Office of
25 Planning and Budgeting to place the position,
26 rate, and dollars in a reserve pool to be
27 credited towards the agency's productivity
28 plan. The task force shall consider the funds
29 available in the reserve pool when making
30 recommendations to the Executive Office of the
31 Governor.
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1
2 Section 25. Section 63 of chapter 93-164, Laws of
3 Florida, is hereby repealed.
4 Section 26. Sections 23 and 24 of chapter 94-292, Laws
5 of Florida, are hereby repealed.
6 Section 27. The proviso following line item 1417A of
7 section 1A of chapter 94-357, Laws of Florida, is hereby
8 repealed:
9
10 Funds in Specific Appropriation 1417A are
11 provided to create the Commission on Long-Term
12 Care in Florida, which for administrative
13 purposes, is assigned to the Joint Legislative
14 Management Committee. The commission shall
15 consist of 18 members with the President of the
16 Senate, the Speaker of the House of
17 Representatives, and the Governor appointing
18 four members each. In addition to these
19 appointments, the Director of the Agency for
20 Health Care Administration, the Chairperson of
21 the State Long-Term Care Ombudsman Council and
22 the Secretaries of the Department of Elderly
23 Affairs, the Department of Health and
24 Rehabilitative Services, the Department of
25 Insurance, and the Department of Labor and
26 Employment Security, or a designee of any of
27 these officials, shall serve as members of the
28 commission. A chairperson and vice chairperson
29 shall be elected by the members. Members of
30 the commission shall serve without compensation
31 but are entitled to receive reimbursement for
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1 per diem and travel as provided in section
2 112.061, F.S. The commission must submit its
3 first report on December 1, 1994, to the
4 President of the Senate, Speaker of the House
5 of Representatives, and the chairpersons of
6 relevant substantive and appropriations
7 committees of each house of the Legislature.
8
9 Section 28. Except as otherwise provided herein, this
10 act shall take effect upon becoming a law.
11
12 *****************************************
13 HOUSE SUMMARY
14
Terminates the following advisory bodies and governmental
15 entities: the Bureau of Information Systems within the
Division of Administration of the Department of
16 Insurance, the Governor's Summer Colleges Council, the
Intergenerational School Volunteer Advisory Board, the
17 Advisory Board on Constructive Youth Programs, the
Florida Defense Conversion and Transition Commission and
18 its related duties, the Statewide Health Council, the
Clay County Hospital District and the Clay County
19 Hospital Authority, the Suwanee River Authority, the
Union County Development Authority, the Santa Rosa County
20 Airport and Industrial Authority, the Sumter County
Hospital Authority, the International Language Institute
21 Advisory Council, the Task Force on County Contributions
to Medicaid, the Task Force on Productivity Enhancement,
22 the Commission to Study the Safety and Security of
Railroad-Highway Grade Crossings, the Florida Education
23 Facilities Study Committee, and the Commission on
Long-Term Care in Florida.
24
25
26
27
28
29
30
31
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