CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Grant moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 11.045, Florida Statutes, is
18 amended to read:
19 11.045 Lobbyists; registration and reporting;
20 exemptions; penalties.--
21 (1) As used in this section, unless the context
22 otherwise requires:
23 (a) "Committee" means the committee of each house
24 charged by the presiding officer with responsibility for
25 ethical conduct of lobbyists.
26 (b) "Division" means the Division of Legislative
27 Information Services within the Office of Legislative
28 Services.
29 (c)(b) "Expenditure" means a payment, distribution,
30 loan, advance, reimbursement, deposit, or anything of value
31 made by a lobbyist or principal for the purpose of lobbying.
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1 (d)(c) "Legislative action" means introduction,
2 sponsorship, testimony, debate, voting, or any other official
3 action on any measure, resolution, amendment, nomination,
4 appointment, or report of, or any matter which may be the
5 subject of action by, either house of the Legislature or any
6 committee thereof.
7 (e)(d) "Lobbying" means influencing or attempting to
8 influence legislative action or nonaction through oral or
9 written communication or an attempt to obtain the goodwill of
10 a member or employee of the Legislature.
11 (f)(e) "Lobbyist" means a person who is employed and
12 receives payment, or who contracts for economic consideration,
13 for the purpose of lobbying, or a person who is principally
14 employed for governmental affairs by another person or
15 governmental entity to lobby on behalf of that other person or
16 governmental entity.
17 (g)(f) "Principal" means the person, firm,
18 corporation, or other entity which has employed or retained a
19 lobbyist.
20 (2) Each house of the Legislature shall provide by
21 rule, or may provide by a joint rule adopted by both houses,
22 for the registration of lobbyists who lobby the Legislature.
23 The rule may provide for the payment of a registration fee.
24 The rule may provide for exemptions from registration or
25 registration fees. The rule shall provide that:
26 (a) Registration is required for each principal
27 represented.
28 (b) Registration shall include a statement signed by
29 the principal or principal's representative that the
30 registrant is authorized to represent the principal.
31 (c) A registrant shall promptly send a written
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1 statement to the division Joint Legislative Management
2 Committee canceling the registration for a principal upon
3 termination of the lobbyist's representation of that
4 principal. Notwithstanding this requirement, the division
5 committee may remove the name of a registrant from the list of
6 registered lobbyists if the principal notifies the office that
7 a person is no longer authorized to represent that principal.
8 (d) Every registrant shall be required to state the
9 extent of any direct business association or partnership with
10 any current member of the Legislature.
11 (e) Each lobbyist and each principal shall preserve
12 for a period of 4 years all accounts, bills, receipts,
13 computer records, books, papers, and other documents and
14 records necessary to substantiate lobbying expenditures. Any
15 documents and records retained pursuant to this section may be
16 inspected under reasonable circumstances by any authorized
17 representative of the Legislature. The right of inspection may
18 be enforced by appropriate writ issued by any court of
19 competent jurisdiction.
20 (f) All registrations shall be open to the public.
21 (g) Any person who is exempt from registration under
22 the rule shall not be considered a lobbyist for any purpose.
23 (3) Each house of the Legislature shall provide by
24 rule the following reporting requirements:
25 (a) Statements shall be filed by all registered
26 lobbyists two times per year and after each special session of
27 the Legislature, which statements shall disclose all lobbying
28 expenditures by the lobbyist and the principal and the source
29 of funds for such expenditures. All expenditures made by the
30 lobbyist and the principal for the purpose of lobbying must be
31 reported. Reporting of expenditures shall be made on an
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1 accrual basis. The report of such expenditures must identify
2 whether the expenditure was made directly by the lobbyist,
3 directly by the principal, initiated or expended by the
4 lobbyist and paid for by the principal, or initiated or
5 expended by the principal and paid for by the lobbyist. The
6 principal is responsible for the accuracy of the expenditures
7 reported as lobbying expenditures made by the principal. The
8 lobbyist is responsible for the accuracy of the expenditures
9 reported as lobbying expenditures made by the lobbyist.
10 Expenditures made must be reported by the category of the
11 expenditure, including, but not limited to, the categories of
12 food and beverages, entertainment, research, communication,
13 media advertising, publications, travel, and lodging.
14 Lobbying expenditures do not include a lobbyist's or
15 principal's salary, office expenses, and personal expenses for
16 lodging, meals, and travel.
17 (b) A principal who is represented by two or more
18 lobbyists shall designate one lobbyist whose expenditure
19 report shall include all lobbying expenditures made directly
20 by the principal and those expenditures of the designated
21 lobbyist on behalf of that principal as required by paragraph
22 (a). All other lobbyists registered to represent that
23 principal shall file a report pursuant to paragraph (a). The
24 report of lobbying expenditures by the principal shall be made
25 pursuant to the requirements of paragraph (a). The principal
26 is responsible for the accuracy of figures reported by the
27 designated lobbyist as lobbying expenditures made directly by
28 the principal. The designated lobbyist is responsible for the
29 accuracy of the figures reported as lobbying expenditures made
30 by that lobbyist.
31 (c) For each reporting period the division Joint
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1 Legislative Management Committee shall aggregate the
2 expenditures reported by all of the lobbyists for a principal
3 represented by more than one lobbyist. Further, the division
4 committee shall aggregate figures that provide a cumulative
5 total of expenditures reported as spent by and on behalf of
6 each principal for the calendar year.
7 (d) The reporting statements shall be filed no later
8 than 45 days after the end of the reporting period. The first
9 report shall include the expenditures for the period from
10 January 1 through the date of adjournment of the regular
11 session of the Legislature, including an extension, if any.
12 The second report shall disclose expenditures for the
13 remainder of the calendar year. A supplemental report shall be
14 filed no later than 45 days after each special session of the
15 Legislature which shall disclose expenditures incurred during
16 the period since the filing of the last previous report
17 through adjournment of the special session. The statements
18 shall be rendered in the identical form provided by the
19 respective houses and shall be open to public inspection.
20 Reporting statements may be filed by electronic means, when
21 feasible.
22 (e) Reports shall be filed not later than 5 p.m. of
23 the report due date. However, any report that is postmarked
24 by the United States Postal Service no later than midnight of
25 the due date shall be deemed to have been filed in a timely
26 manner, and a certificate of mailing obtained from and dated
27 by the United States Postal Service at the time of the
28 mailing, or a receipt from an established courier company
29 which bears a date on or before the due date, shall be proof
30 of mailing in a timely manner.
31 (f) Each house of the Legislature shall provide by
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1 rule, or both houses may provide by joint rule, a procedure by
2 which a lobbyist who fails to timely file a report shall be
3 notified and assessed fines. The rule shall provide for the
4 following:
5 1. Upon determining that the report is late, the
6 person designated to review the timeliness of reports shall
7 immediately notify the lobbyist as to the failure to timely
8 file the report and that a fine is being assessed for each
9 late day. The fine shall be $50 per day per report for each
10 late day.
11 2. Upon receipt of the report, the person designated
12 to review the timeliness of reports shall determine the amount
13 of the fine due based upon the earliest of the following:
14 a. When a report is actually received by the lobbyist
15 registration and reporting office.
16 b. When the report is postmarked.
17 c. When the certificate of mailing is dated.
18 d. When the receipt from an established courier
19 company is dated.
20 3. Such fine shall be paid within 20 days after
21 receipt of the notice of payment due, unless appeal is made to
22 the division Joint Legislative Management Committee of the
23 Legislature. The moneys shall be deposited into the
24 Legislative Lobbyist Registration Trust Fund.
25 4. A fine shall not be assessed against a lobbyist the
26 first time any reports for which the lobbyist is responsible
27 are not timely filed. However, to receive the one-time fine
28 waiver, all reports for which the lobbyist is responsible must
29 be filed within 20 days after receipt of notice that any
30 reports have not been timely filed. A fine shall be assessed
31 for any subsequent late-filed reports.
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1 5. Any lobbyist may appeal or dispute a fine, based
2 upon unusual circumstances surrounding the failure to file on
3 the designated due date, and may request and shall be entitled
4 to a hearing before the director of the division or his or her
5 designee Joint Legislative Management Committee, who which
6 shall recommend to the President of the Senate and the Speaker
7 of the House of Representatives, or their respective
8 designees, that have the authority to waive the fine be waived
9 in whole or in part for good cause shown. The President of the
10 Senate and the Speaker of the House of Representatives, or
11 their respective designees, may concur in the recommendation
12 and waive the fine in whole or in part. Any such request shall
13 be made within 20 days after receipt of the notice of payment
14 due. In such case, the lobbyist shall, within the 20-day
15 period, notify the person designated to review the timeliness
16 of reports in writing of his or her intention to request a
17 hearing bring the matter before the committee.
18 6. The person designated to review the timeliness of
19 reports shall notify the director of the division Joint
20 Legislative Management Committee of the failure of a lobbyist
21 to file a report after notice or of the failure of a lobbyist
22 to pay the fine imposed.
23 (4) Each house of the Legislature shall provide by
24 rule a procedure by which a person, when in doubt about the
25 applicability and interpretation of this section in a
26 particular context, may submit in writing the facts for an
27 advisory opinion to the committee of either the respective
28 house and may appear in person before the committee. The rule
29 shall provide a procedure by which:
30 (a) The committee shall render advisory opinions to
31 any person who seeks advice as to whether the facts in a
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1 particular case would constitute a violation of this section.
2 (b) The committee shall make sufficient deletions to
3 prevent disclosing the identity of persons in the decisions or
4 opinions.
5 (c) All advisory opinions of the committee shall be
6 numbered, dated, and open to public inspection.
7 (5) Each house of the Legislature shall keep all
8 advisory opinions of the committees relating to lobbyists and
9 lobbying activities, as well as a current list of registered
10 lobbyists and their respective reports required under this
11 section, all of which shall be open for public inspection.
12 (6) The committee of either the respective house shall
13 investigate any person engaged in legislative lobbying upon
14 receipt of a sworn complaint alleging a violation of this
15 section, s. 112.3148, or s. 112.3149 by such person. Such
16 proceedings shall be conducted pursuant to the rules of the
17 respective houses. If the committee finds that there has been
18 a violation of this section, s. 112.3148, or s. 112.3149, it
19 shall report its findings to the President of the Senate or
20 the Speaker of the House of Representatives, as appropriate,
21 together with a recommended penalty, to include a fine of not
22 more than $5,000, reprimand, censure, probation, or
23 prohibition from lobbying for a period of time not to exceed
24 24 months. Upon the receipt of such report, the President of
25 the Senate or the Speaker of the House of Representatives
26 shall cause the committee report and recommendations to be
27 brought before the respective house and a final determination
28 shall be made by a majority of said house.
29 (7) Any person required to be registered or to provide
30 information pursuant to this section or pursuant to rules
31 established in conformity with this section who knowingly
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1 fails to disclose any material fact required by this section
2 or by rules established in conformity with this section, or
3 who knowingly provides false information on any report
4 required by this section or by rules established in conformity
5 with this section, commits a noncriminal infraction,
6 punishable by a fine not to exceed $5,000. Such penalty shall
7 be in addition to any other penalty assessed by a house of the
8 Legislature pursuant to subsection (6).
9 (8) There is hereby created the Legislative Lobbyist
10 Registration Trust Fund, to be used for the purpose of funding
11 any office established for the purpose of funding the
12 administration of the registration of lobbyist lobbying the
13 Legislature, including the payment of salaries and other
14 expenses. The trust fund is not subject to the service charge
15 to general revenue provisions of chapter 215. Fees collected
16 pursuant to rules established in accordance with subsection
17 (2) shall be deposited into the Legislative Lobbyist
18 Registration Trust Fund.
19 Section 2. Section 11.12, Florida Statutes, is amended
20 to read:
21 11.12 Salary, subsistence, and mileage of members and
22 employees; expenses authorized by resolution; appropriation;
23 preaudit by Comptroller.--
24 (1) The Treasurer is authorized to pay the salary,
25 subsistence, and mileage of the members of the Legislature, as
26 the same shall be authorized from time to time by law, upon
27 receipt of a warrant therefor of the Comptroller for the
28 stated amount. The Treasurer is authorized to pay the
29 compensation of employees of the Legislature, together with
30 reimbursement for their authorized travel as provided in s.
31 112.061, and such expense of the Legislature as shall be
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1 authorized by law, a concurrent resolution, a resolution of
2 either house, or rules adopted by the respective houses,
3 provided the total amount appropriated to the legislative
4 branch shall not be altered, upon receipt of such warrant
5 therefor. The number, duties, and compensation of the
6 employees of the respective houses and of their committees
7 shall be determined as provided by the rules of the respective
8 house or in this chapter. Each legislator may designate no
9 more than two employees to attend sessions of the Legislature,
10 and those employees who change their places of residence in
11 order to attend the session shall be paid subsistence at a
12 rate to be established by the President of the Senate for
13 Senate employees and the Speaker of the House of
14 Representatives for House employees Joint Legislative
15 Management Committee. Such employees, in addition to
16 subsistence, shall be paid transportation expenses in
17 accordance with s. 112.061(7) and (8) for actual
18 transportation between their homes and the seat of government
19 in order to attend the legislative session and return home, as
20 well as for two round trips during the course of any regular
21 session of the Legislature.
22 (2) All vouchers covering legislative expenses shall
23 be preaudited by the Comptroller, and, if found to be correct,
24 state warrants shall be issued therefor.
25 Section 3. Section 11.13, Florida Statutes, is amended
26 to read:
27 11.13 Compensation of members.--
28 (1)(a) The annual salaries of members of the Senate
29 and House of Representatives, payable in 12 equal monthly
30 installments, shall be:
31 1. The President of the Senate and Speaker of the
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1 House of Representatives, $25,000 each.
2 2. All other members of the Senate and House of
3 Representatives, $18,000 each.
4 (b) Effective July 1, 1986, and each July 1
5 thereafter, the annual salaries of members of the Senate and
6 House of Representatives shall be adjusted by the average
7 percentage increase in the salaries of state career service
8 employees for the fiscal year just concluded. The
9 Appropriations Committee of each house shall certify to the
10 Office of Legislative Services Joint Legislative Management
11 Committee the average percentage increase in the salaries of
12 state career service employees before prior to July 1 of each
13 year., and The Office of Legislative Services Joint
14 Legislative Management Committee shall, as of July 1, of each
15 year, determine the adjusted annual salaries as provided
16 herein.
17 (2) During the time the Legislature is in session,
18 each legislator shall be paid subsistence at a rate to be
19 established by the President of the Senate for members of the
20 Senate and the Speaker of the House of Representatives for
21 members of the House Joint Legislative Management Committee.
22 Each legislator, in addition to subsistence, shall be paid
23 travel expenses in accordance with s. 112.061(7) and (8) for
24 actual travel between the legislator's home and the seat of
25 government for not more than one round trip per week or
26 fraction of a week during any regular, special, or
27 extraordinary session of the Legislature or for the convening
28 of either the House or Senate for official business.
29 (3) Members of any standing or select committee or
30 subcommittee thereof shall receive per diem and travel
31 expenses as provided in s. 112.061 from the appropriation for
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1 legislative expenses.
2 (4) Each member of the Legislature shall be entitled
3 to receive a monthly allowance for intradistrict expenses in
4 an a uniform amount set annually by the President of the
5 Senate for members of the Senate and the Speaker of the House
6 of Representatives for members of the House Joint Legislative
7 Management Committee not later than November 1 for the next
8 fiscal year. In setting the amount, the costs of maintaining
9 a legislative district office that provides an appropriate
10 level of constituent services shall be considered. The
11 procedure for disbursement of the monthly intradistrict
12 expense allowed shall be set from time to time by the Office
13 of Legislative Services, with the approval of the President of
14 the Senate and the Speaker of the House of Representatives or
15 their respective designees Joint Legislative Management
16 Committee. Such expenses shall be a proper expense of the
17 Legislature and shall be disbursed from the appropriation for
18 legislative expense. The expenses provided under this
19 subsection shall not include any travel and per diem
20 reimbursed under subsections (2) and (3) or the rules of
21 either house.
22 (5)(a) All expenditures of the Senate, House of
23 Representatives, and offices, committees, and divisions of the
24 Legislature shall be made pursuant to and, unless changed as
25 provided below, within the limits of budgetary estimates of
26 expenditure for each fiscal year prepared and submitted prior
27 to June 15 by the administrative head of each such house,
28 office, committee, or division and approved by the Committee
29 on Rules and Calendar of the Senate and the President of the
30 Senate as to Senate budgets, by the Committee on
31 Administration of the House of Representatives and the Speaker
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1 of the House of Representatives as to House budgets, and by
2 the President of the Senate and the Speaker of the House of
3 Representatives acting jointly Joint Legislative Management
4 Committee as to joint committees and other units the divisions
5 of the Legislature other than the Legislative Auditing
6 Committee and the Auditor General's office. Amounts in the
7 approved estimates of expenditure may be transferred between
8 budgetary units within the Senate, House of Representatives,
9 and joint activities by the original approving authority.
10 Funds may be transferred between items of appropriation to the
11 Legislature when approved by the President of the Senate and,
12 the Speaker of the House of Representatives and the Joint
13 Legislative Management Committee, provided the total amount
14 appropriated to the legislative branch shall not be altered.
15 The Office of Legislative Services Joint Legislative
16 Management Committee shall formulate and present to each house
17 and office thereof recommendations concerning the form and
18 preparation of such budgets and procedures for their adoption
19 and transmission.
20 (b) Thirty days prior to the date established by s.
21 216.023 for submission of legislative budgets by all state
22 agencies to the Governor, all budgetary units required to
23 submit estimates of expenditures as provided by paragraph (a)
24 shall annually submit tentative estimates of their financial
25 needs for the next fiscal year beginning July 1 to the
26 authorities required by that paragraph so that the financial
27 needs of the Legislature for the ensuing fiscal year may be
28 reported to the Governor by a committee composed of the
29 President of the Senate and, the Speaker of the House of
30 Representatives, and the chair or co-chairs of the Joint
31 Legislative Management Committee, pursuant to ss. 11.148 and
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1 11.40 and as required by s. 216.081.
2 (c) The Office of Legislative Services Joint
3 Legislative Management Committee shall submit on forms
4 prescribed by the Comptroller requested allotments of
5 appropriations for the fiscal year. It shall be the duty of
6 the Comptroller to release the funds and authorize the
7 expenditures for the legislative branch to be made from the
8 appropriations on the basis of the requested allotments.
9 However, the aggregate of such allotments shall not exceed the
10 total appropriations available for the fiscal year.
11 (6) The pay of members of the Senate and House of
12 Representatives shall be only as set by law.
13 Section 4. Section 11.147, Florida Statutes, is
14 amended to read:
15 11.147 Office of Legislative Services Joint
16 Legislative Management Committee.--
17 (1) There is hereby created the Office of Legislative
18 Services to provide support services that are determined by
19 the President of the Senate and the Speaker of the House of
20 Representatives to be necessary and that can be effectively
21 and efficiently provided jointly to both houses Joint
22 Legislative Management Committee, which shall consist of three
23 members of the House of Representatives appointed by the
24 Speaker of the House of Representatives, one of whom shall be
25 a member of the minority party, and three members of the
26 Senate appointed by the President of the Senate, one of whom
27 shall be a member of the minority party.
28 (2) The President of the Senate and the Speaker of the
29 House of Representatives may select a coordinator for the
30 Office of Legislative Services, who shall report directly to
31 the President of the Senate and the Speaker of the House of
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1 Representatives or their respective designees.
2 (3)(2) The joint committees and other units of the
3 Legislature committee shall be governed by joint rules of the
4 Senate and House of Representatives which shall remain in
5 effect until repealed or amended by concurrent resolution.
6 (4)(3) The Office of Legislative Services joint
7 committee shall deliver such vouchers covering legislative
8 expenses as required to the Comptroller and, if found to be
9 correct, state warrants shall be issued therefor.
10 Section 5. Section 11.39, Florida Statutes, is
11 repealed.
12 Section 6. Effective July 1, 1998, the legislative
13 library is hereby transferred to the Department of State by a
14 type two transfer, as defined in section 20.06, Florida
15 Statutes.
16 Section 7. Paragraph (g) of subsection (13) of section
17 112.0455, Florida Statutes, is amended to read:
18 112.0455 Drug-Free Workplace Act.--
19 (13) RULES.--
20 (g) The President of the Senate and the Speaker of the
21 House of Representatives Joint Legislative Management
22 Committee may adopt rules, policies, or procedures for the
23 employees and members of the legislative branch implementing
24 this section.
25
26 This section shall not be construed to eliminate the
27 bargainable rights as provided in the collective bargaining
28 process where applicable.
29 Section 8. Subsection (5) of section 112.3148, Florida
30 Statutes, is amended to read:
31 112.3148 Reporting and prohibited receipt of gifts by
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1 individuals filing full or limited public disclosure of
2 financial interests and by procurement employees.--
3 (5)(a) A political committee or a committee of
4 continuous existence, as defined in s. 106.011; a lobbyist who
5 lobbies a reporting individual's or procurement employee's
6 agency; the partner, firm, employer, or principal of a
7 lobbyist; or another on behalf of the lobbyist or partner,
8 firm, principal, or employer of the lobbyist is prohibited
9 from giving, either directly or indirectly, a gift that has a
10 value in excess of $100 to the reporting individual or
11 procurement employee or any other person on his or her behalf;
12 however, such person may give a gift having a value in excess
13 of $100 to a reporting individual or procurement employee if
14 the gift is intended to be transferred to a governmental
15 entity or a charitable organization.
16 (b) However, a person who is regulated by this
17 subsection, who is not regulated by subsection (6), and who
18 makes, or directs another to make, an individual gift having a
19 value in excess of $25, but not in excess of $100, other than
20 a gift which the donor knows will be accepted on behalf of a
21 governmental entity or charitable organization, must file a
22 report on the last day of each calendar quarter, for the
23 previous calendar quarter in which a reportable gift is made.
24 The report shall be filed with the Secretary of State, except
25 with respect to gifts to reporting individuals of the
26 legislative branch, in which case the report shall be filed
27 with the Division of Legislative Information Services in the
28 Office of Legislative Services Joint Legislative Management
29 Committee. The report must contain a description of each gift,
30 the monetary value thereof, the name and address of the person
31 making such gift, the name and address of the recipient of the
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1 gift, and the date such gift is given. In addition, when a
2 gift is made which requires the filing of a report under this
3 subsection, the donor must notify the intended recipient at
4 the time the gift is made that the donor, or another on his or
5 her behalf, will report the gift under this subsection. Under
6 this paragraph, a gift need not be reported by more than one
7 person or entity.
8 Section 9. Paragraph (c) of subsection (1) of section
9 121.055, Florida Statutes, is amended to read:
10 121.055 Senior Management Service Class.--There is
11 hereby established a separate class of membership within the
12 Florida Retirement System to be known as the "Senior
13 Management Service Class," which shall become effective
14 February 1, 1987.
15 (c)1. Effective January 1, 1990, participation in the
16 Senior Management Service Class shall be compulsory for up to
17 75 nonelective positions at the level of committee staff
18 director or higher or equivalent managerial or policymaking
19 positions within the House of Representatives, as selected by
20 the Speaker of the House of Representatives, up to 50
21 nonelective positions at the level of committee staff director
22 or higher or equivalent managerial or policymaking positions
23 within the Senate, as selected by the President of the Senate,
24 all staff directors of joint committees and service offices of
25 the Legislature, the Auditor General and up to 9 managerial or
26 policymaking positions within his or her office as selected by
27 the Auditor General, and the executive director of the
28 Commission on Ethics.
29 2. Participation in this class shall be compulsory,
30 except as provided in subparagraph 3., for any legislative
31 employee who holds a position designated for coverage in the
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1 Senior Management Service Class, and such participation shall
2 continue until the employee terminates employment in a covered
3 position.
4 3. In lieu of participation in the Senior Management
5 Service Class, at in the discretion of the President of the
6 Senate and the Speaker of the House of Representatives Joint
7 Legislative Management Committee, such members may participate
8 in the Senior Management Service Optional Annuity Program as
9 established in subsection (6).
10 Section 10. Section 216.136, Florida Statutes, is
11 amended to read:
12 216.136 Consensus estimating conferences; duties and
13 principals.--
14 (1) ECONOMIC ESTIMATING CONFERENCE.--
15 (a) Duties.--
16 1. The Economic Estimating Conference shall develop
17 such official information with respect to the national and
18 state economies as the conference determines is needed for the
19 state planning and budgeting system. The basic, long-term
20 forecasts which are a part of its official information shall
21 be trend forecasts. However, the conference may include cycle
22 forecasts as a part of its official information if the subject
23 matter of the forecast warrants a cycle forecast and if such
24 forecast is developed in a special impact session of the
25 conference.
26 2. Prior to the submission of the Governor's budget
27 recommendations to the Legislature pursuant to s. 216.162, and
28 again prior to each Regular Session of the Legislature, the
29 Economic Estimating Conference shall evaluate and project the
30 financial condition of the employee group health
31 self-insurance plan. This analysis shall also consider any
18
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Amendment No.
1 financial impact of the state's use of health maintenance
2 organizations on the funding of the self-insurance plan. The
3 conference shall indicate whether the current plan premium
4 rates are sufficient to fund projected plan claims and other
5 expenses during the fiscal year.
6 (b) Principals.--The Executive Office of the Governor,
7 the coordinator director of the Office Division of Economic
8 and Demographic Research of the Joint Legislative Management
9 Committee, and professional staff of the Senate and House of
10 Representatives who have forecasting expertise, or their
11 designees, are the principals of the Economic Estimating
12 Conference. The responsibility of presiding over sessions of
13 the conference shall be rotated among the principals.
14 (2) DEMOGRAPHIC ESTIMATING CONFERENCE.--
15 (a) Duties.--The Demographic Estimating Conference
16 shall develop such official information with respect to the
17 population of the nation and state by age, race, and sex as
18 the conference determines is needed for the state planning and
19 budgeting system. The conference shall use the official
20 population estimates provided under s. 186.901 in developing
21 its official information.
22 (b) Principals.--The Executive Office of the Governor,
23 the coordinator director of the Office Division of Economic
24 and Demographic Research of the Joint Legislative Management
25 Committee, and professional staff of the Senate and House of
26 Representatives who have forecasting expertise, or their
27 designees, are the principals of the Demographic Estimating
28 Conference. The responsibility of presiding over sessions of
29 the conference shall be rotated among the principals.
30 (3) REVENUE ESTIMATING CONFERENCE.--
31 (a) Duties.--The Revenue Estimating Conference shall
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Amendment No.
1 develop such official information with respect to anticipated
2 state and local government revenues as the conference
3 determines is needed for the state planning and budgeting
4 system. Any principal may request the conference to review
5 and estimate revenues for any trust fund.
6 (b) Principals.--The Executive Office of the Governor,
7 the coordinator director of the Office Division of Economic
8 and Demographic Research of the Joint Legislative Management
9 Committee, and professional staff of the Senate and House of
10 Representatives who have forecasting expertise, or their
11 designees, are the principals of the Revenue Estimating
12 Conference. The responsibility of presiding over sessions of
13 the conference shall be rotated among the principals.
14 (4) EDUCATION ESTIMATING CONFERENCE.--
15 (a) Duties.--The Education Estimating Conference shall
16 develop such official information relating to the state public
17 educational system, including forecasts of student
18 enrollments, students qualified for state financial aid
19 programs, fixed capital outlay needs, and Florida Education
20 Finance Program formula needs, as the conference determines is
21 needed for the state planning and budgeting system. The
22 conference's initial projections of enrollments in public
23 schools shall be forwarded by the conference to each school
24 district no later than 2 months prior to the start of the
25 regular session of the Legislature. Each school district may,
26 in writing, request adjustments to the initial projections.
27 Any adjustment request shall be submitted to the conference no
28 later than 1 month prior to the start of the regular session
29 of the Legislature and shall be considered by the principals
30 of the conference. A school district may amend its adjustment
31 request, in writing, during the first 3 weeks of the
20
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Amendment No.
1 legislative session, and such amended adjustment request shall
2 be considered by the principals of the conference. For any
3 adjustment so requested, the district shall indicate and
4 explain, using definitions adopted by the conference, the
5 components of anticipated enrollment changes that correspond
6 to continuation of current programs with workload changes;
7 program improvement; program reduction or elimination;
8 initiation of new programs; and any other information that may
9 be needed by the Legislature. For public schools, the
10 conference shall submit its full-time equivalent student
11 consensus estimate to the Legislature no later than 1 month
12 after the start of the regular session of the Legislature. No
13 conference estimate may be changed without the agreement of
14 the full conference.
15 (b) Principals.--The Associate Deputy Commissioner for
16 Educational Management, the Executive Office of the Governor,
17 the coordinator director of the Office Division of Economic
18 and Demographic Research of the Joint Legislative Management
19 Committee, and professional staff of the Senate and House of
20 Representatives who have forecasting expertise, or their
21 designees, are the principals of the Education Estimating
22 Conference. The Associate Deputy Commissioner for Educational
23 Management or his or her designee shall preside over sessions
24 of the conference.
25 (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
26 (a) Duties.--The Criminal Justice Estimating
27 Conference shall develop such official information relating to
28 the criminal justice system, including forecasts of prison
29 admissions by offense categories specified in Rule 3.701,
30 Florida Rules of Criminal Procedure, as the conference
31 determines is needed for the state planning and budgeting
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Amendment No.
1 system.
2 (b) Principals.--The Executive Office of the Governor,
3 the coordinator director of the Office Division of Economic
4 and Demographic Research of the Joint Legislative Management
5 Committee, and professional staff, who have forecasting
6 expertise, from the Senate, the House of Representatives, and
7 the Supreme Court, or their designees, are the principals of
8 the Criminal Justice Estimating Conference. The principal
9 representing the Executive Office of the Governor shall
10 preside over sessions of the conference.
11 (6) SOCIAL SERVICES ESTIMATING CONFERENCE.--
12 (a) Duties.--
13 1. The Social Services Estimating Conference shall
14 develop such official information relating to the social
15 services system of the state, including forecasts of social
16 services caseloads, as the conference determines is needed for
17 the state planning and budgeting system. Such official
18 information shall include, but not be limited to, subsidized
19 child care caseloads mandated by the Family Support Act of
20 1988.
21 2. In addition, the Social Services Estimating
22 Conference shall develop estimates and forecasts of the
23 unduplicated count of children eligible for subsidized child
24 care as defined in s. 402.3015(1). These estimates and
25 forecasts shall not include children enrolled in the
26 prekindergarten early intervention program established in s.
27 230.2305.
28 3. The Department of Health and Rehabilitative
29 Services and the Department of Education shall provide
30 information on caseloads and waiting lists for the subsidized
31 child care and prekindergarten early intervention programs
22
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Amendment No.
1 requested by the Social Services Estimating Conference or
2 individual conference principals, in a timely manner.
3 (b) Principals.--The Executive Office of the Governor,
4 the coordinator director of the Office Division of Economic
5 and Demographic Research of the Joint Legislative Management
6 Committee, and professional staff, who have forecasting
7 expertise, from the Department of Health and Rehabilitative
8 Services, the Senate, and the House of Representatives, or
9 their designees, are the principals of the Social Services
10 Estimating Conference. The principal representing the
11 Executive Office of the Governor shall preside over sessions
12 of the conference.
13 (7) TRANSPORTATION ESTIMATING CONFERENCE.--
14 (a) Duties.--The Transportation Estimating Conference
15 shall develop such official budget information relating to
16 transportation planning and budgeting as is determined by the
17 conference principals to be needed for the state planning and
18 budgeting system. This information shall include estimates of
19 transportation cost indices and other budget-related
20 estimates. This conference shall not address estimates of
21 transportation revenues.
22 (b) Principals.--The Executive Office of the Governor,
23 the coordinator director of the Office Division of Economic
24 and Demographic Research of the Joint Legislative Management
25 Committee, and professional staff with budgeting expertise
26 from the Department of Transportation, the Senate, and the
27 House of Representatives are the principals of the
28 Transportation Estimating Conference. The principal
29 representing the Executive Office of the Governor shall
30 preside over sessions of the conference.
31 (8) CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--
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Amendment No.
1 (a) Duties.--The Child Welfare System Estimating
2 Conference shall develop the following information relating to
3 the child welfare system:
4 1. Estimates and projections of the number of initial
5 and additional reports of child abuse or neglect made to the
6 central abuse registry and tracking system maintained by the
7 Department of Health and Rehabilitative Services as
8 established in s. 415.504(4)(a).
9 2. Estimates and projections of the number of children
10 who are alleged to be victims of child abuse or neglect and
11 are in need of placement in an emergency shelter.
12
13 In addition, the conference shall develop other official
14 information relating to the child welfare system of the state
15 which the conference determines is needed for the state
16 planning and budgeting system. The Department of Health and
17 Rehabilitative Services shall provide information on the child
18 welfare system requested by the Child Welfare System
19 Estimating Conference, or individual conference principals, in
20 a timely manner.
21 (b) Principals.--The Executive Office of the Governor,
22 the coordinator director of the Office Division of Economic
23 and Demographic Research of the Joint Legislative Management
24 Committee, and professional staff who have forecasting
25 expertise from the Department of Health and Rehabilitative
26 Services, the Senate, and the House of Representatives, or
27 their designees, are the principals of the Child Welfare
28 System Estimating Conference. The principal representing the
29 Executive Office of the Governor shall preside over sessions
30 of the conference.
31 (9) JUVENILE JUSTICE ESTIMATING CONFERENCE.--
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Amendment No.
1 (a) Duties.--The Juvenile Justice Estimating
2 Conference shall develop such official information relating to
3 the juvenile justice system of the state as is determined by
4 the conference principals to be needed for the state planning
5 and budgeting system. This information shall include, but is
6 not limited to: estimates of juvenile delinquency caseloads
7 and workloads; estimates for secure, nonsecure, and home
8 juvenile detention placements; estimates of workloads in the
9 juvenile sections in the offices of the state attorneys and
10 public defenders; estimates of mental health and substance
11 abuse treatment relating to juveniles; and such other
12 information as is determined by the conference principals to
13 be needed for the state planning and budgeting system.
14 (b) Principals.--The Executive Office of the Governor,
15 the Office Division of Economic Economics and Demographic
16 Research of the Joint Legislative Management Committee, and
17 professional staff who have forecasting expertise from the
18 Department of Juvenile Justice, the Department of Health and
19 Rehabilitative Services Alcohol, Drug Abuse, and Mental Health
20 Program Office, the Department of Law Enforcement, the Senate
21 Appropriations Committee staff, the House of Representatives
22 Appropriations Committee staff, or their designees, are the
23 principals of the Juvenile Justice Estimating Conference. The
24 responsibility of presiding over sessions of the conference
25 shall be rotated among the principals. To facilitate policy
26 and legislative recommendations, the conference may call upon
27 professional staff of the Juvenile Justice Advisory Board and
28 appropriate legislative staff.
29 (10) OCCUPATIONAL FORECASTING CONFERENCE.--
30 (a) Duties.--The Occupational Forecasting Conference
31 shall develop such official information on the workforce
25
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Amendment No.
1 development system planning process as it relates to the
2 personnel needs of current, new, and emerging industries as
3 the conference determines is needed by the state planning and
4 budgeting system. Such information must include at least:
5 short-term and long-term forecasts of employment demand for
6 high-skills/high-wage jobs by occupation and industry;
7 relative wage forecasts among those occupations; and estimates
8 of the supply of trained and qualified individuals available
9 for employment in those occupations.
10 (b) Principals.--The Commissioner of Education, the
11 Executive Office of the Governor, the director of the Office
12 of Tourism, Trade, and Economic Development, the Secretary of
13 Labor, and the coordinator director of the Office Division of
14 Economic and Demographic Research of the Joint Legislative
15 Management Committee, or their designees, are the principals
16 of the Occupational Forecasting Conference. The Commissioner
17 of Education, or the commissioner's designee, shall preside
18 over the sessions of the conference.
19 Section 11. Paragraph (a) of subsection (2) of section
20 216.251, Florida Statutes, is amended to read:
21 216.251 Salary appropriations; limitations.--
22 (2)(a) The salary for each position not specifically
23 indicated in the appropriations acts shall be as provided in
24 one of the following subparagraphs:
25 1. Within the classification and pay plans provided
26 for in chapter 110.
27 2. Within the classification and pay plans established
28 by the Board of Trustees for the Florida School for the Deaf
29 and the Blind of the Department of Education and approved by
30 the State Board of Education for academic and academic
31 administrative personnel.
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Amendment No.
1 3. Within the classification and pay plan approved and
2 administered by the Board of Regents for those positions in
3 the State University System.
4 4. Within the classification and pay plan approved by
5 the President of the Senate and, the Speaker of the House of
6 Representatives, the Joint Legislative Management Committee,
7 or by the Legislative Auditing Committee, as the case may be,
8 for employees of the Legislature.
9 5. Within the approved classification and pay plan for
10 the judicial branch.
11 6. The salary of all positions not specifically
12 included in this subsection shall be set by the commission or
13 by the Chief Justice for the judicial branch.
14 Section 12. Paragraph (c) of subsection (3) of section
15 985.401, Florida Statutes, is amended to read:
16 985.401 Juvenile Justice Advisory Board.--
17 (3)
18 (c) The board is assigned, for the purpose of general
19 oversight, to the Department of Juvenile Justice effective
20 July 1, 1998 Joint Legislative Auditing Committee. The board
21 shall develop a budget pursuant to procedures established by
22 the Department of Juvenile Justice Joint Legislative Auditing
23 Committee.
24 Section 13. Section 11.241, Florida Statutes, is
25 amended to read:
26 11.241 Permanent statutory revision plan
27 created.--There is created a permanent statutory revision plan
28 to be implemented and maintained under the supervision of the
29 Office of Legislative Services joint committee.
30 Section 14. Section 11.242, Florida Statutes, is
31 amended to read:
27
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Amendment No.
1 11.242 Powers, duties, and functions as to statutory
2 revision.--The powers, duties, and functions of the Office of
3 Legislative Services joint committee in the operation and
4 maintenance of a statutory revision program shall be as
5 follows:
6 (1) To conduct a systematic and continuing study of
7 the statutes and laws of this state for the purpose of
8 reducing their number and bulk, removing inconsistencies,
9 redundancies, and unnecessary repetitions and otherwise
10 improving their clarity and facilitating their correct and
11 proper interpretation; and for the same purpose, to prepare
12 and submit to the Legislature reviser's bills and bills for
13 the amendment, consolidation, revision, repeal, or other
14 alterations or changes in any general statute or laws or parts
15 thereof of a general nature and application of the preceding
16 session or sessions which may appear to be subject to
17 revision. Any revision, either complete, partial, or topical,
18 prepared for submission to the Legislature shall be
19 accompanied by revision and history notes relating to the
20 same, showing the changes made therein and the reason for such
21 recommended change.
22 (2) To carry on the arrangements and identification of
23 the general statutes and laws of the state, as adopted in the
24 Florida Statutes, and the contents of the same, by adding
25 thereto, in the future and in proper place, all new matter
26 belonging therein; this new material to be compiled, revised,
27 and republished periodically in continuation of the present
28 systems, matters, tables, and other material as contained in
29 the Florida Statutes.
30 (3) Reviser's bills shall not deal with nor carry
31 forward into the Florida Statutes any statute of any of the
28
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Bill No. CS for SB 1574
Amendment No.
1 following classes:
2 (a) Statutes relating to, for, or concerning only one
3 or more counties or parts thereof, except in cases where the
4 subject matter of the statute relates to the creation or
5 jurisdiction of state or county courts.;
6 (b) Statutes relating to, for, or concerning and
7 operative in only a portion of the state, except in cases
8 where the subject matter of the statute relates to the
9 creation or jurisdiction of state or county courts.;
10 (c) Statutes relating to, for, or concerning only a
11 certain municipal corporation.;
12 (d) Statutes relating to, for or concerning only one
13 or more designated individuals or corporations.;
14 (e) Statutes incorporating a designated individual
15 corporation or making a grant thereto.;
16 (f) Road designation laws.
17 (4) The published edition of the Florida Statutes,
18 shall contain the following:
19 (a) The Florida Statutes, as adopted and enacted,
20 together with the laws of a general nature enacted at any
21 current session of the Legislature and directed to be embodied
22 in said edition.
23 (b) The Florida Constitution.
24 (c) Complete indexes of all the material in the
25 statutes.
26 (d) Such other matters, notes, data, and other
27 material as may be deemed necessary or admissible by the
28 Division of Statutory Revision of the Office of Legislative
29 Services joint committee for reference, convenience, or
30 interpretation.
31 (5) In carrying on the work of statutory revision and
29
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Bill No. CS for SB 1574
Amendment No.
1 in preparing the Florida Statutes for publication:
2 (a) All amendments made to any section or chapter, or
3 any part thereof, of the Florida Statutes or session laws of
4 this state by any current session of the Legislature, whenever
5 such amendments in express terms refer to sections or chapters
6 of said statutes or session laws, shall be incorporated with
7 the body of the text of the Florida Statutes.
8 (b) All sections, chapters, or titles of the Florida
9 Statutes or session laws of this state which are expressly
10 repealed by any current session of the Legislature shall be
11 omitted.
12 (c) All laws of a general and permanent nature which
13 are of general application throughout the state enacted by any
14 current session of the Legislature shall be compiled and
15 included, assigning thereto in all appropriate places such
16 chapter and section identification, by the decimal system of
17 numbering heretofore embodied in the Florida Statutes, as is
18 appropriate and proper, but all chapters and sections so
19 compiled shall be indicated with a history note, clearly
20 showing that said section or chapter was not a part of the
21 revision at the time of its adoption and giving the proper
22 legislative session law chapter and section number. The
23 matter included under the authority of this subsection shall
24 be incorporated as enacted in any current session and shall be
25 prima facie evidence of such law in all courts of the state.
26 (d) Any two or more sections, chapters, or laws, or
27 parts thereof, may be consolidated.
28 (e) Any section, chapter, or law, or part thereof, may
29 be transferred from one location to another.
30 (f) The form or arrangement of any section, chapter,
31 or law, or part thereof, may be altered or changed by
30
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Bill No. CS for SB 1574
Amendment No.
1 transferring, combining, or dividing the same.
2 (g) Subsections, sections, chapters, and titles may be
3 renumbered and reference thereto may be changed to agree with
4 such renumbering.
5 (h) Grammatical, typographical and like errors may be
6 corrected and additions, alterations, and omissions, not
7 affecting the construction or meaning of the statutes or laws,
8 may be freely made.
9 (i) All statutes and laws, or parts thereof, which
10 have expired, become obsolete, been held invalid by a court of
11 last resort, have had their effect or have served their
12 purpose, or which have been repealed or superseded, either
13 expressly or by implication, shall be omitted through the
14 process of reviser's bills duly enacted by the Legislature.
15 (j) All statutes and laws general in form but of such
16 local or limited application as to make their inclusion in the
17 Florida Statutes or any revision or supplement thereof
18 impracticable, undesirable or unnecessary shall be omitted
19 therefrom, without effecting a repeal thereof.
20 (k) All things relating to form, position, order, or
21 arrangement of the revision, not inconsistent with the Florida
22 Statutes system, which may be found desirable or necessary for
23 the improvement, betterment, or perfection of same, may be
24 done.
25 (6) To award contracts from time to time for editorial
26 work in the preparation of copy and other necessary material,
27 and for printing as defined in s. 283.60; to pay expenses only
28 of members of revision committees appointed by the joint
29 committee to assist in revision of whole titles or chapters;
30 and to pay for such other things as are authorized to be done
31 and performed as part of a statutory revision program under
31
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Bill No. CS for SB 1574
Amendment No.
1 the laws of this state.
2 (7) To exchange Florida Statutes, and other available
3 publications, with the officers, boards, and agencies of other
4 states and of the United States, and with other governments.
5 (8) To exercise all other powers, duties, and
6 functions necessary or convenient for properly carrying out
7 the provisions of this law and all other laws relating to
8 statutory revision.
9 Section 15. Section 11.243, Florida Statutes, is
10 amended to read:
11 11.243 Publishing Florida Statutes; price, sale.--
12 (1) The Office of Legislative Services joint committee
13 shall continue the statutory revision system heretofore
14 adopted in this state and shall bring the general acts of the
15 Legislature within the revision system, as promptly after the
16 adjournment of the legislative session as possible.
17 (2) All copies of the Florida Statutes shall be
18 delivered by the printer to the Office of Legislative Services
19 joint committee, which shall distribute copies to the public
20 and governmental entities, including the judicial branch, at a
21 price to be fixed by the Office of Legislative Services joint
22 committee.
23 (3) All moneys collected by the joint committee from
24 the sale of the Florida Statutes or other publications shall
25 be deposited in the State Treasury and credited to the
26 appropriation for legislative expense.
27 Section 16. Paragraph (c) of subsection (6) of section
28 11.70, Florida Statutes, is amended to read:
29 11.70 Legislative Committee on Intergovernmental
30 Relations.--
31 (6) STAFF.--
32
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Amendment No.
1 (c) Upon request of the committee, the Office of
2 Legislative Services Joint Legislative Management Committee is
3 directed to provide office space and equipment as the
4 committee deems necessary.
5 Section 17. Subsection (2) of section 13.01, Florida
6 Statutes, is amended to read:
7 13.01 Commission on Interstate Cooperation.--
8 (2) The Florida Commissioners for the National
9 Conference of Commissioners on Uniform State Laws appointed
10 pursuant to s. 13.10 shall be ex officio honorary nonvoting
11 members of this commission. The commission shall elect a
12 chair and a vice chair from among its members. The director
13 of the office of planning and budgeting in the Executive
14 Office of the Governor shall serve ex officio as secretary of
15 the Governor's committee, and an employee of the Office of
16 Legislative Services Joint Legislative Management Committee
17 designated by the coordinator executive director of the Office
18 of Legislative Services Joint Legislative Management Committee
19 shall serve as secretary of the Joint Legislative Committee on
20 Interstate Cooperation.
21 Section 18. Subsection (4) of section 13.10, Florida
22 Statutes, is amended to read:
23 13.10 Commissioners to the National Conference of
24 Commissioners on Uniform State Laws.--
25 (4) The coordinator executive director of the Office
26 of Legislative Services Joint Legislative Management Committee
27 shall designate an appropriate legislative employee to serve
28 as an associate member and secretary to the Florida
29 commissioners to the National Conference of Commissioners on
30 Uniform State Laws. He or she shall prepare and sign all
31 vouchers authorized by law and keep such records as directed
33
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Amendment No.
1 by the commissioners.
2 Section 19. Subsection (1) of section 15.155, Florida
3 Statutes, is amended to read:
4 15.155 Legislative documents; Department of State to
5 classify, number, and furnish copies of general laws, special
6 acts, resolutions, and memorials.--
7 (1) Immediately after any act of the Legislature or
8 any resolution or memorial is filed in the office of the
9 Department of State, the department shall:
10 (a) Select, segregate, and classify all acts of the
11 Legislature, including memorials and resolutions, by dividing
12 them into the following two classifications: Volume I,
13 General Acts, and Volume II, Special Acts;
14 (b) Include in such General Acts all acts passed as
15 general laws and all memorials and resolutions, including
16 proposed constitutional amendments, and include in such
17 Special Acts only those acts passed as special laws and
18 becoming law as such;
19 (c) Assign a chapter number to each such act; and
20 (d) Furnish true and accurate copies of such laws,
21 resolutions, and memorials passed by the Legislature to the
22 Office of Legislative Services Joint Legislative Management
23 Committee for publication.
24 Section 20. Paragraph (b) of subsection (6) of section
25 20.315, Florida Statutes, is amended to read:
26 20.315 Department of Corrections.--There is created a
27 Department of Corrections.
28 (6) FLORIDA CORRECTIONS COMMISSION.--
29 (b) The primary functions of the commission are to:
30 1. Recommend major correctional policies for the
31 Governor's approval, and assure that approved policies and any
34
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Bill No. CS for SB 1574
Amendment No.
1 revisions thereto are properly executed.
2 2. Periodically review the status of the state
3 correctional system and recommend improvements therein to the
4 Governor and the Legislature.
5 3. Perform an in-depth review of the recommendations
6 of the Sentencing Guidelines Commission on the need for
7 changes in the guidelines and of any alternative proposals
8 submitted by the Office Division of Economic and Demographic
9 Research of the Joint Legislative Management Committee to
10 revise statewide sentencing guidelines.
11 4. Annually perform an in-depth review of
12 community-based intermediate sanctions and recommend to the
13 Governor and the Legislature intergovernmental approaches
14 through the Community Corrections Partnership Act for planning
15 and implementing such sanctions and programs.
16 5. Perform an in-depth evaluation of the annual budget
17 request of the Department of Corrections, the comprehensive
18 correctional master plan, and the tentative construction
19 program for compliance with all applicable laws and
20 established departmental policies. The commission may not
21 consider individual construction projects, but shall consider
22 methods of accomplishing the department's goals in the most
23 effective, efficient, and businesslike manner.
24 6. Routinely monitor the financial status of the
25 Department of Corrections to assure that the department is
26 managing revenue and any applicable bond proceeds responsibly
27 and in accordance with law and established policy.
28 7. Evaluate, at least quarterly, the efficiency,
29 productivity, and management of the Department of Corrections,
30 using performance and production standards developed by the
31 department under subsection (18).
35
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Amendment No.
1 8. Provide public education on corrections and
2 criminal justice issues.
3 9. Report to the President of the Senate, the Speaker
4 of the House of Representatives, and the Governor by November
5 1 of each year. The first annual report of the commission
6 shall be made by November 1, 1995.
7 Section 21. Effective October 1, 1998, paragraph (b)
8 of subsection (6) of section 20.315, Florida Statutes, as
9 amended by section 9 of chapter 97-194, Laws of Florida, is
10 reenacted to read:
11 20.315 Department of Corrections.--There is created a
12 Department of Corrections.
13 (6) FLORIDA CORRECTIONS COMMISSION.--
14 (b) The primary functions of the commission are to:
15 1. Recommend major correctional policies for the
16 Governor's approval, and assure that approved policies and any
17 revisions thereto are properly executed.
18 2. Periodically review the status of the state
19 correctional system and recommend improvements therein to the
20 Governor and the Legislature.
21 3. Annually perform an in-depth review of
22 community-based intermediate sanctions and recommend to the
23 Governor and the Legislature intergovernmental approaches
24 through the Community Corrections Partnership Act for planning
25 and implementing such sanctions and programs.
26 4. Perform an in-depth evaluation of the annual budget
27 request of the Department of Corrections, the comprehensive
28 correctional master plan, and the tentative construction
29 program for compliance with all applicable laws and
30 established departmental policies. The commission may not
31 consider individual construction projects, but shall consider
36
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Bill No. CS for SB 1574
Amendment No.
1 methods of accomplishing the department's goals in the most
2 effective, efficient, and businesslike manner.
3 5. Routinely monitor the financial status of the
4 Department of Corrections to assure that the department is
5 managing revenue and any applicable bond proceeds responsibly
6 and in accordance with law and established policy.
7 6. Evaluate, at least quarterly, the efficiency,
8 productivity, and management of the Department of Corrections,
9 using performance and production standards developed by the
10 department under subsection (18).
11 7. Provide public education on corrections and
12 criminal justice issues.
13 8. Report to the President of the Senate, the Speaker
14 of the House of Representatives, and the Governor by November
15 1 of each year.
16 Section 22. Subsection (1) of section 27.709, Florida
17 Statutes, is amended to read:
18 27.709 Commission on the Administration of Justice in
19 Capital Cases.--
20 (1)(a) There is created the Commission on the
21 Administration of Justice in Capital Cases, which shall
22 consist of the six following members:
23 1. Two members appointed by the Governor.
24 2. Two members appointed by the President of the
25 Senate from the membership of the Senate. One member shall be
26 a member of the majority party, and one member shall be a
27 member of the minority party.
28 3. Two members appointed by the Speaker of the House
29 of Representatives from the membership of the House of
30 Representatives. One member shall be a member of the majority
31 party, and one member shall be a member of the minority party.
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Amendment No.
1 (b) The chair of the commission shall be selected by
2 the members for a term of 1 year.
3 (c) The commission shall meet quarterly, and other
4 meetings may be called by the chair upon giving at least 7
5 days' notice to all members and the public.
6 (d) Members of the commission are entitled to per diem
7 and travel expenses to be paid by the appointing entity.
8 (e) The initial members of the commission must be
9 appointed on or before October 1, 1997. Members of the
10 commission shall be appointed to serve terms of 4 years each,
11 except that a member's term shall expire upon leaving office
12 as a member of the Senate or the House of Representatives. Two
13 of the initial members, one from the Senate and one from the
14 House of Representatives, shall be appointed for terms of 2
15 years each. Two of the initial members, one from the Senate
16 and one from the House of Representatives, shall be appointed
17 for terms of 3 years each.
18 (f) The Office of Legislative Services Joint
19 Legislative Management Committee shall provide staff support
20 for the commission.
21 Section 23. Subsection (13) of section 112.061,
22 Florida Statutes, is amended to read:
23 112.061 Per diem and travel expenses of public
24 officers, employees, and authorized persons.--
25 (13) DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever
26 an agency requires an employee to incur either Class A or
27 Class B travel on emergency notice to the traveler, such
28 traveler may request the agency to pay his or her expenses for
29 meals and lodging directly to the vendor, and the agency may
30 pay the vendor the actual expenses for meals and lodging
31 during the travel period, limited to an amount not to exceed
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Bill No. CS for SB 1574
Amendment No.
1 that authorized pursuant to this section. In emergency
2 situations, the agency head may authorize an increase in the
3 amount paid for a specific meal, provided that the total daily
4 cost of meals does not exceed the total amount authorized for
5 meals each day. The agency head or his or her designee may
6 also grant prior approval for a state agency to make direct
7 payments of travel expenses in other situations that result in
8 cost savings to the state, and such cost savings shall be
9 documented in the voucher submitted to the Comptroller for the
10 direct payment of travel expenses. The provisions of this
11 subsection shall not be deemed to apply to any legislator or
12 to any employee of either house of the Legislature or of the
13 Joint Legislative Management Committee.
14 Section 24. Subsection (4) of section 112.321, Florida
15 Statutes, is amended to read:
16 112.321 Membership, terms; travel expenses; staff.--
17 (4) In accordance with the uniform personnel, job
18 classification, and pay plan adopted with the approval of the
19 President of the Senate and the Speaker of the House of
20 Representatives and administered by the Office of Legislative
21 Services Joint Legislative Management Committee pursuant to s.
22 11.147(4)(c), the commission shall employ an executive
23 director and shall provide the executive director with
24 necessary office space, assistants, and secretaries. Within
25 the above uniform plan, decisions relating to hiring,
26 promotion, demotion, and termination of commission employees
27 shall be made by the commission or, if so delegated by the
28 commission, by its executive director.
29 Section 25. Paragraph (d) of subsection (3) of section
30 119.15, Florida Statutes, is amended to read:
31 119.15 Legislative review of exemptions from public
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 meeting and public records requirements.--
2 (3)
3 (d) In the year before the repeal of an exemption
4 under this section, the Division of Statutory Revision of the
5 Office of Legislative Services Joint Legislative Management
6 Committee shall certify to the President of the Senate and the
7 Speaker of the House of Representatives, by June 1, the
8 language and statutory citation of each exemption scheduled
9 for repeal the following year which meets the criteria of an
10 exemption as defined in this section. Any exemption that is
11 not identified and certified to the President of the Senate
12 and the Speaker of the House of Representatives is not subject
13 to legislative review and repeal under this section. If the
14 division fails to certify an exemption that it subsequently
15 determines should have been certified, it shall include the
16 exemption in the following year's certification after that
17 determination.
18 Section 26. Subsection (3) of section 218.60, Florida
19 Statutes, is amended to read:
20 218.60 Definitions.--
21 (3) All estimates of moneys provided pursuant to this
22 part utilized by participating units of local government in
23 the first year of participation shall be equal to 95 percent
24 of those projections made by the revenue estimating conference
25 and provided to local governments by the Office Division of
26 Economic and Demographic Research of the Joint Legislative
27 Management Committee, in consultation with the Department of
28 Revenue.
29 Section 27. Subsection (5) of section 229.593, Florida
30 Statutes, is amended to read:
31 229.593 Florida Commission on Education Reform and
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Bill No. CS for SB 1574
Amendment No.
1 Accountability.--
2 (5) Members of the commission shall serve without
3 compensation but are entitled to reimbursement for per diem
4 and travel expenses incurred in the performance of their
5 duties as provided in s. 112.061. Legislators are entitled to
6 receive travel and per diem expenses as provided by the Office
7 of Legislative Services Joint Legislative Management Committee
8 for meetings of legislative committees. When appropriate,
9 commission members who are parents are to receive a stipend
10 for child care costs incurred while attending commission
11 meetings.
12 Section 28. Subsection (7) of section 282.3091,
13 Florida Statutes, is amended to read:
14 282.3091 State Technology Council; creation.--
15 (7) The council shall have the following duties and
16 responsibilities:
17 (a) To develop a statewide vision for information
18 resources management which shall be reflected in the State
19 Annual Report on Information Resources Management.
20 (b) To recommend statewide policies to the Executive
21 Office of the Governor, and to the President of the Senate,
22 and to the Speaker of the House of Representatives Joint
23 Legislative Information Technology Resource Committee.
24 (c) To recommend innovation in the state's use of
25 technology to the Executive Office of the Governor, and the
26 President of the Senate, and the Speaker of the House of
27 Representatives Joint Legislative Information Technology
28 Resource Committee.
29 (d) To identify, develop, and recommend solutions to
30 address statewide technology issues to the Executive Office of
31 the Governor, and the President of the Senate, and the Speaker
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Bill No. CS for SB 1574
Amendment No.
1 of the House of Representatives Joint Legislative Information
2 Technology Resource Committee.
3 (e) To create ad hoc issue-oriented workgroups to make
4 recommendations to the council and to the Executive Office of
5 the Governor. Such workgroups may include private and public
6 sector representatives.
7 (f) To review, evaluate, and comment on proposals by
8 the Joint Legislative Information Technology Resource
9 Committee.
10 (f)(g) To consult with the Chief Information Officers
11 Council.
12 (g)(h) To approve the State Annual Report on
13 Information Resources Management.
14 (h)(i) To recommend memoranda on guidelines and best
15 practices to the Executive Office of the Governor.
16 Section 29. Subsection (3) of section 282.310, Florida
17 Statutes, is amended to read:
18 282.310 State Annual Report on Information Resources
19 Management.--
20 (3) The state annual report shall be made available in
21 writing or through electronic means to the Executive Office of
22 the Governor, the President of the Senate, the Speaker of the
23 House of Representatives, the Joint Legislative Information
24 Technology Resource Committee, and the Chief Justice of the
25 Supreme Court.
26 Section 30. Section 282.322, Florida Statutes, is
27 amended to read:
28 282.322 Special monitoring process for designated
29 information resources management projects.--For each
30 information resources management project which is designated
31 for special monitoring in the General Appropriations Act, with
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SENATE AMENDMENT
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Amendment No.
1 a proviso requiring a contract with a project monitor, the
2 Technology Review Workgroup established pursuant to s.
3 216.0446, in consultation with each affected agency, shall be
4 responsible for contracting with the project monitor. Upon
5 contract award, funds equal to the contract amount shall be
6 transferred to the Technology Review Workgroup upon request
7 and subsequent approval of a budget amendment pursuant to s.
8 216.292. With the concurrence of the Legislative Auditing
9 Committee, the office of the Auditor General shall be the
10 project monitor for other projects designated for special
11 monitoring. However, nothing in this section precludes the
12 Auditor General from conducting such monitoring on any project
13 designated for special monitoring. In addition to monitoring
14 and reporting on significant communications between a
15 contracting agency and the appropriate federal authorities,
16 the project monitoring process shall consist of evaluating
17 each major stage of the designated project to determine
18 whether the deliverables have been satisfied and to assess the
19 level of risks associated with proceeding to the next stage of
20 the project. The major stages of each designated project shall
21 be determined based on the agency's information systems
22 development methodology. Within 20 days after an agency has
23 completed a major stage of its designated project, the project
24 monitor shall issue a written report, including the findings
25 and recommendations for correcting deficiencies, to the agency
26 head, for review and comment. Within 20 days after receipt of
27 the project monitor's report, the agency head shall submit a
28 written statement of explanation or rebuttal concerning the
29 findings and recommendations of the project monitor, including
30 any corrective action to be taken by the agency. The project
31 monitor shall include the agency's statement in its final
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Bill No. CS for SB 1574
Amendment No.
1 report which shall be forwarded, within 7 days after receipt
2 of the agency's statement, to the agency head, the inspector
3 general's office of the agency, the Executive Office of the
4 Governor, the appropriations committees of the Legislature,
5 the Joint Legislative Auditing Committee, and the Technology
6 Review Workgroup, and the Legislative Information Technology
7 Resource Committee. The Auditor General shall also receive a
8 copy of the project monitor's report for those projects in
9 which the Auditor General is not the project monitor.
10 Section 31. Subsection (3) of section 350.031, Florida
11 Statutes, is amended to read:
12 350.031 Florida Public Service Commission Nominating
13 Council.--
14 (3) A majority of the membership of the council may
15 conduct any business before the council. All meetings and
16 proceedings of the council shall be staffed by the Office of
17 Legislative Services Joint Legislative Management Committee
18 and shall be subject to the provisions of ss. 119.07 and
19 286.011. Members of the council are entitled to receive per
20 diem and travel expenses as provided in s. 112.061, which
21 shall be funded by the Florida Public Service Regulatory Trust
22 Fund. Applicants invited for interviews before the council
23 may, in the discretion of the council, receive per diem and
24 travel expenses as provided in s. 112.06, which shall be
25 funded by the Florida Public Service Regulatory Trust Fund.
26 The council shall establish policies and procedures to govern
27 the process by which applicants are nominated.
28 Section 32. Subsection (8) of section 790.22, Florida
29 Statutes, is amended to read:
30 790.22 Use of BB guns, air or gas-operated guns, or
31 electric weapons or devices by minor under 16; limitation;
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 possession of firearms by minor under 18 prohibited;
2 penalties.--
3 (8) Notwithstanding s. 39.042 or s. 39.044(1), if a
4 minor under 18 years of age is charged with an offense that
5 involves the use or possession of a firearm, as defined in s.
6 790.001, other than a violation of subsection (3), or is
7 charged for any offense during the commission of which the
8 minor possessed a firearm, the minor shall be detained in
9 secure detention, unless the state attorney authorizes the
10 release of the minor, and shall be given a hearing within 24
11 hours after being taken into custody. Effective April 15,
12 1994, at the hearing, the court may order that the minor
13 continue to be held in secure detention in accordance with the
14 applicable time periods specified in s. 39.044(5), if the
15 court finds that the minor meets the criteria specified in s.
16 39.044(2), or if the court finds by clear and convincing
17 evidence that the minor is a clear and present danger to
18 himself or herself or the community. The Department of
19 Juvenile Justice shall prepare a form for all minors charged
20 under this subsection that states the period of detention and
21 the relevant demographic information, including, but not
22 limited to, the sex, age, and race of the minor; whether or
23 not the minor was represented by private counsel or a public
24 defender; the current offense; and the minor's complete prior
25 record, including any pending cases. The form shall be
26 provided to the judge to be considered when determining
27 whether the minor should be continued in secure detention
28 under this subsection. An order placing a minor in secure
29 detention because the minor is a clear and present danger to
30 himself or herself or the community must be in writing, must
31 specify the need for detention and the benefits derived by the
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 minor or the community by placing the minor in secure
2 detention, and must include a copy of the form provided by the
3 department. The Department of Juvenile Justice must send the
4 form, including a copy of any order, without
5 client-identifying information, to the Office Division of
6 Economic and Demographic Research of the Joint Legislative
7 Management Committee.
8 Section 33. The Office of Legislative Services shall
9 assume all rights, duties, and obligations of the Joint
10 Legislative Management Committee under contracts in effect on
11 the effective date of this act to which the committee is a
12 party.
13 Section 34. There is hereby transferred to the Office
14 of Legislative Services the unexpended balances of Specific
15 Appropriations 1854 through 1857 of section 6, chapter 97-152,
16 Laws of Florida, from the Joint Legislative Management
17 Committee for Fiscal Year 1997-1998 upon the date this bill
18 becomes law.
19 Section 35. This act shall take effect upon becoming a
20 law.
21
22
23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 Delete everything before the enacting clause
26
27 and insert:
28 A bill to be entitled
29 An act relating to personnel and agencies of
30 the legislative branch; amending s. 11.045,
31 F.S.; defining the term "division," for
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 purposes of lobbyist registration, as the
2 Division of Legislative Information Services;
3 transferring certain functions of the Joint
4 Legislative Management Committee to the
5 division or to the presiding officers;
6 authorizing the presiding officers to waive
7 fines imposed against lobbyists; amending s.
8 11.12, F.S.; providing for the presiding
9 officers to determine subsistence rates;
10 amending s. 11.13, F.S.; transferring certain
11 functions of the Joint Legislative Management
12 Committee relating to compensation of members
13 to the Office of Legislative Services or to the
14 presiding officers; amending s. 11.147, F.S.;
15 abolishing the Joint Legislative Management
16 Committee and replacing it with an Office of
17 Legislative Services; repealing s. 11.39, F.S.,
18 relating to the Legislative Information
19 Technology Resource Committee; amending s.
20 112.0455, F.S.; transferring certain functions
21 of the Joint Legislative Management Committee
22 with respect to rules relating to drug-free
23 workplace requirements to the presiding
24 officers; amending s. 112.3148, F.S.;
25 transferring certain functions of the Joint
26 Legislative Management Committee relating to
27 reports of gifts to the Division of Legislative
28 Information Services; amending s. 121.055,
29 F.S.; transferring duties of the Joint
30 Legislative Management Committee relating to
31 designation of employees to participate in the
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SENATE AMENDMENT
Bill No. CS for SB 1574
Amendment No.
1 Senior Management Service Optional Annuity
2 Program to the presiding officers; amending s.
3 216.136, F.S.; conforming provisions to the
4 amendments made by the act; amending s.
5 216.251, F.S.; clarifying authority with
6 respect to approval of classification and pay
7 plans for legislative employees; amending s.
8 985.401, F.S.; transferring duties of the Joint
9 Legislative Auditing Committee with respect to
10 the Juvenile Justice Advisory Board to the
11 Department of Juvenile Justice; amending ss.
12 11.241, 11.242, 11.243, 11.70, 13.01, 13.10,
13 15.155, 20.315, 27.709, 112.061, 112.321,
14 119.15, 218.60, 229.593, 282.3091, 282.310,
15 282.322, 350.031, 402.50, 790.22, F.S.;
16 conforming provisions to the amendments made by
17 the act; providing for the Office of
18 Legislative Services to assume rights, duties,
19 and obligations of the Joint Legislative
20 Management Committee with respect to existing
21 contracts; transferring unexpended balances of
22 appropriated funds; providing an effective
23 date.
24
25
26
27
28
29
30
31
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