House Bill 4351c1
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Florida House of Representatives - 1998 CS/HB 4351
By the Committee on Governmental Operations and
Representatives King and Posey
1 A bill to be entitled
2 An act relating to personnel and agencies of
3 the legislative branch; amending s. 11.045,
4 F.S.; defining the term "division," for
5 purposes of lobbyist registration, as the
6 Division of Legislative Information Services;
7 transferring certain functions of the Joint
8 Legislative Management Committee to the
9 division or to the presiding officers; amending
10 s. 11.12, F.S.; providing for the presiding
11 officers to determine subsistence rates;
12 amending s. 11.13, F.S.; transferring certain
13 functions of the Joint Legislative Management
14 Committee relating to compensation of members
15 to the Office of Legislative Services or to the
16 presiding officers; amending s. 11.147, F.S.;
17 abolishing the Joint Legislative Management
18 Committee and replacing it with an Office of
19 Legislative Services; repealing s. 11.39, F.S.,
20 relating to the Legislative Information
21 Technology Resource Committee; amending s.
22 112.0455, F.S.; transferring certain functions
23 of the Joint Legislative Management Committee
24 with respect to rules relating to drug-free
25 workplace requirements to the presiding
26 officers; amending s. 112.3148, F.S.;
27 transferring certain functions of the Joint
28 Legislative Management Committee relating to
29 reports of gifts to the Division of Legislative
30 Information Services; amending s. 121.055,
31 F.S.; transferring duties of the Joint
1
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1 Legislative Management Committee relating to
2 designation of employees to participate in the
3 Senior Management Service Optional Annuity
4 Program to the presiding officers; amending s.
5 216.136, F.S.; conforming provisions to the
6 amendments made by the act; amending s.
7 216.251, F.S.; clarifying authority with
8 respect to approval of classification and pay
9 plans for legislative employees; amending s.
10 985.401, F.S.; renaming the Juvenile Justice
11 Advisory Board; amending ss. 11.241, 11.242,
12 11.243, 11.70, 13.01, 13.10, 15.155, 20.315,
13 27.709, 112.061, 112.321, 119.15, 218.60,
14 229.593, 282.3091, 282.310, 282.322, 350.031,
15 and 790.22, F.S.; conforming provisions to the
16 amendments made by the act; providing for the
17 Office of Legislative Services to assume
18 rights, duties, and obligations of the Joint
19 Legislative Management Committee with respect
20 to existing contracts; transferring unexpended
21 balances of appropriated funds; providing
22 effective dates.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 11.045, Florida Statutes, is
27 amended to read:
28 11.045 Lobbyists; registration and reporting;
29 exemptions; penalties.--
30 (1) As used in this section, unless the context
31 otherwise requires:
2
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1 (a) "Committee" means the committee of each house
2 charged by the presiding officer with responsibility for
3 ethical conduct of lobbyists.
4 (b) "Division" means the Division of Legislative
5 Information Services within the Office of Legislative
6 Services.
7 (c)(b) "Expenditure" means a payment, distribution,
8 loan, advance, reimbursement, deposit, or anything of value
9 made by a lobbyist or principal for the purpose of lobbying.
10 (d)(c) "Legislative action" means introduction,
11 sponsorship, testimony, debate, voting, or any other official
12 action on any measure, resolution, amendment, nomination,
13 appointment, or report of, or any matter which may be the
14 subject of action by, either house of the Legislature or any
15 committee thereof.
16 (e)(d) "Lobbying" means influencing or attempting to
17 influence legislative action or nonaction through oral or
18 written communication or an attempt to obtain the goodwill of
19 a member or employee of the Legislature.
20 (f)(e) "Lobbyist" means a person who is employed and
21 receives payment, or who contracts for economic consideration,
22 for the purpose of lobbying, or a person who is principally
23 employed for governmental affairs by another person or
24 governmental entity to lobby on behalf of that other person or
25 governmental entity.
26 (g)(f) "Principal" means the person, firm,
27 corporation, or other entity which has employed or retained a
28 lobbyist.
29 (2) Each house of the Legislature shall provide by
30 rule, or may provide by a joint rule adopted by both houses,
31 for the registration of lobbyists who lobby the Legislature.
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1 The rule may provide for the payment of a registration fee.
2 The rule may provide for exemptions from registration or
3 registration fees. The rule shall provide that:
4 (a) Registration is required for each principal
5 represented.
6 (b) Registration shall include a statement signed by
7 the principal or principal's representative that the
8 registrant is authorized to represent the principal.
9 (c) A registrant shall promptly send a written
10 statement to the division Joint Legislative Management
11 Committee canceling the registration for a principal upon
12 termination of the lobbyist's representation of that
13 principal. Notwithstanding this requirement, the division
14 committee may remove the name of a registrant from the list of
15 registered lobbyists if the principal notifies the office that
16 a person is no longer authorized to represent that principal.
17 (d) Every registrant shall be required to state the
18 extent of any direct business association or partnership with
19 any current member of the Legislature.
20 (e) Each lobbyist and each principal shall preserve
21 for a period of 4 years all accounts, bills, receipts,
22 computer records, books, papers, and other documents and
23 records necessary to substantiate lobbying expenditures. Any
24 documents and records retained pursuant to this section may be
25 inspected under reasonable circumstances by any authorized
26 representative of the Legislature. The right of inspection may
27 be enforced by appropriate writ issued by any court of
28 competent jurisdiction.
29 (f) All registrations shall be open to the public.
30 (g) Any person who is exempt from registration under
31 the rule shall not be considered a lobbyist for any purpose.
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1 (3) Each house of the Legislature shall provide by
2 rule the following reporting requirements:
3 (a) Statements shall be filed by all registered
4 lobbyists two times per year and after each special session of
5 the Legislature, which statements shall disclose all lobbying
6 expenditures by the lobbyist and the principal and the source
7 of funds for such expenditures. All expenditures made by the
8 lobbyist and the principal for the purpose of lobbying must be
9 reported. Reporting of expenditures shall be made on an
10 accrual basis. The report of such expenditures must identify
11 whether the expenditure was made directly by the lobbyist,
12 directly by the principal, initiated or expended by the
13 lobbyist and paid for by the principal, or initiated or
14 expended by the principal and paid for by the lobbyist. The
15 principal is responsible for the accuracy of the expenditures
16 reported as lobbying expenditures made by the principal. The
17 lobbyist is responsible for the accuracy of the expenditures
18 reported as lobbying expenditures made by the lobbyist.
19 Expenditures made must be reported by the category of the
20 expenditure, including, but not limited to, the categories of
21 food and beverages, entertainment, research, communication,
22 media advertising, publications, travel, and lodging.
23 Lobbying expenditures do not include a lobbyist's or
24 principal's salary, office expenses, and personal expenses for
25 lodging, meals, and travel.
26 (b) A principal who is represented by two or more
27 lobbyists shall designate one lobbyist whose expenditure
28 report shall include all lobbying expenditures made directly
29 by the principal and those expenditures of the designated
30 lobbyist on behalf of that principal as required by paragraph
31 (a). All other lobbyists registered to represent that
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1 principal shall file a report pursuant to paragraph (a). The
2 report of lobbying expenditures by the principal shall be made
3 pursuant to the requirements of paragraph (a). The principal
4 is responsible for the accuracy of figures reported by the
5 designated lobbyist as lobbying expenditures made directly by
6 the principal. The designated lobbyist is responsible for the
7 accuracy of the figures reported as lobbying expenditures made
8 by that lobbyist.
9 (c) For each reporting period the division Joint
10 Legislative Management Committee shall aggregate the
11 expenditures reported by all of the lobbyists for a principal
12 represented by more than one lobbyist. Further, the division
13 committee shall aggregate figures that provide a cumulative
14 total of expenditures reported as spent by and on behalf of
15 each principal for the calendar year.
16 (d) The reporting statements shall be filed no later
17 than 45 days after the end of the reporting period. The first
18 report shall include the expenditures for the period from
19 January 1 through the date of adjournment of the regular
20 session of the Legislature, including an extension, if any.
21 The second report shall disclose expenditures for the
22 remainder of the calendar year. A supplemental report shall be
23 filed no later than 45 days after each special session of the
24 Legislature which shall disclose expenditures incurred during
25 the period since the filing of the last previous report
26 through adjournment of the special session. The statements
27 shall be rendered in the identical form provided by the
28 respective houses and shall be open to public inspection.
29 Reporting statements may be filed by electronic means, when
30 feasible.
31
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1 (e) Reports shall be filed not later than 5 p.m. of
2 the report due date. However, any report that is postmarked
3 by the United States Postal Service no later than midnight of
4 the due date shall be deemed to have been filed in a timely
5 manner, and a certificate of mailing obtained from and dated
6 by the United States Postal Service at the time of the
7 mailing, or a receipt from an established courier company
8 which bears a date on or before the due date, shall be proof
9 of mailing in a timely manner.
10 (f) Each house of the Legislature shall provide by
11 rule, or both houses may provide by joint rule, a procedure by
12 which a lobbyist who fails to timely file a report shall be
13 notified and assessed fines. The rule shall provide for the
14 following:
15 1. Upon determining that the report is late, the
16 person designated to review the timeliness of reports shall
17 immediately notify the lobbyist as to the failure to timely
18 file the report and that a fine is being assessed for each
19 late day. The fine shall be $50 per day per report for each
20 late day.
21 2. Upon receipt of the report, the person designated
22 to review the timeliness of reports shall determine the amount
23 of the fine due based upon the earliest of the following:
24 a. When a report is actually received by the lobbyist
25 registration and reporting office.
26 b. When the report is postmarked.
27 c. When the certificate of mailing is dated.
28 d. When the receipt from an established courier
29 company is dated.
30 3. Such fine shall be paid within 20 days after
31 receipt of the notice of payment due, unless appeal is made to
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1 the division Joint Legislative Management Committee of the
2 Legislature. The moneys shall be deposited into the
3 Legislative Lobbyist Registration Trust Fund.
4 4. A fine shall not be assessed against a lobbyist the
5 first time any reports for which the lobbyist is responsible
6 are not timely filed. However, to receive the one-time fine
7 waiver, all reports for which the lobbyist is responsible must
8 be filed within 20 days after receipt of notice that any
9 reports have not been timely filed. A fine shall be assessed
10 for any subsequent late-filed reports.
11 5. Any lobbyist may appeal or dispute a fine, based
12 upon unusual circumstances surrounding the failure to file on
13 the designated due date, and may request and shall be entitled
14 to a hearing before the director of the division or his or her
15 designee Joint Legislative Management Committee, who which
16 shall recommend to the President of the Senate and the Speaker
17 of the House of Representatives, or their respective
18 designees, that have the authority to waive the fine be waived
19 in whole or in part for good cause shown. The President of the
20 Senate and the Speaker of the House of Representatives, or
21 their respective designees, may concur in the recommendation
22 and waive the fine in whole or in part. Any such request shall
23 be made within 20 days after receipt of the notice of payment
24 due. In such case, the lobbyist shall, within the 20-day
25 period, notify the person designated to review the timeliness
26 of reports in writing of his or her intention to request a
27 hearing bring the matter before the committee.
28 6. The person designated to review the timeliness of
29 reports shall notify the director of the division Joint
30 Legislative Management Committee of the failure of a lobbyist
31
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1 to file a report after notice or of the failure of a lobbyist
2 to pay the fine imposed.
3 (4) Each house of the Legislature shall provide by
4 rule a procedure by which a person, when in doubt about the
5 applicability and interpretation of this section in a
6 particular context, may submit in writing the facts for an
7 advisory opinion to the committee of either the respective
8 house and may appear in person before the committee. The rule
9 shall provide a procedure by which:
10 (a) The committee shall render advisory opinions to
11 any person who seeks advice as to whether the facts in a
12 particular case would constitute a violation of this section.
13 (b) The committee shall make sufficient deletions to
14 prevent disclosing the identity of persons in the decisions or
15 opinions.
16 (c) All advisory opinions of the committee shall be
17 numbered, dated, and open to public inspection.
18 (5) Each house of the Legislature shall keep all
19 advisory opinions of the committees relating to lobbyists and
20 lobbying activities, as well as a current list of registered
21 lobbyists and their respective reports required under this
22 section, all of which shall be open for public inspection.
23 (6) The committee of either the respective house shall
24 investigate any person engaged in legislative lobbying upon
25 receipt of a sworn complaint alleging a violation of this
26 section, s. 112.3148, or s. 112.3149 by such person. Such
27 proceedings shall be conducted pursuant to the rules of the
28 respective houses. If the committee finds that there has been
29 a violation of this section, s. 112.3148, or s. 112.3149, it
30 shall report its findings to the President of the Senate or
31 the Speaker of the House of Representatives, as appropriate,
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1 together with a recommended penalty, to include a fine of not
2 more than $5,000, reprimand, censure, probation, or
3 prohibition from lobbying for a period of time not to exceed
4 24 months. Upon the receipt of such report, the President of
5 the Senate or the Speaker of the House of Representatives
6 shall cause the committee report and recommendations to be
7 brought before the respective house and a final determination
8 shall be made by a majority of said house.
9 (7) Any person required to be registered or to provide
10 information pursuant to this section or pursuant to rules
11 established in conformity with this section who knowingly
12 fails to disclose any material fact required by this section
13 or by rules established in conformity with this section, or
14 who knowingly provides false information on any report
15 required by this section or by rules established in conformity
16 with this section, commits a noncriminal infraction,
17 punishable by a fine not to exceed $5,000. Such penalty shall
18 be in addition to any other penalty assessed by a house of the
19 Legislature pursuant to subsection (6).
20 (8) There is hereby created the Legislative Lobbyist
21 Registration Trust Fund, to be used for the purpose of funding
22 any office established for the purpose of funding the
23 administration of the registration of lobbyist lobbying the
24 Legislature, including the payment of salaries and other
25 expenses. The trust fund is not subject to the service charge
26 to general revenue provisions of chapter 215. Fees collected
27 pursuant to rules established in accordance with subsection
28 (2) shall be deposited into the Legislative Lobbyist
29 Registration Trust Fund.
30 Section 2. Section 11.12, Florida Statutes, is amended
31 to read:
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1 11.12 Salary, subsistence, and mileage of members and
2 employees; expenses authorized by resolution; appropriation;
3 preaudit by Comptroller.--
4 (1) The Treasurer is authorized to pay the salary,
5 subsistence, and mileage of the members of the Legislature, as
6 the same shall be authorized from time to time by law, upon
7 receipt of a warrant therefor of the Comptroller for the
8 stated amount. The Treasurer is authorized to pay the
9 compensation of employees of the Legislature, together with
10 reimbursement for their authorized travel as provided in s.
11 112.061, and such expense of the Legislature as shall be
12 authorized by law, a concurrent resolution, a resolution of
13 either house, or rules adopted by the respective houses,
14 provided the total amount appropriated to the legislative
15 branch shall not be altered, upon receipt of such warrant
16 therefor. The number, duties, and compensation of the
17 employees of the respective houses and of their committees
18 shall be determined as provided by the rules of the respective
19 house or in this chapter. Each legislator may designate no
20 more than two employees to attend sessions of the Legislature,
21 and those employees who change their places of residence in
22 order to attend the session shall be paid subsistence at a
23 rate to be established by the President of the Senate for
24 Senate employees and the Speaker of the House of
25 Representatives for House employees Joint Legislative
26 Management Committee. Such employees, in addition to
27 subsistence, shall be paid transportation expenses in
28 accordance with s. 112.061(7) and (8) for actual
29 transportation between their homes and the seat of government
30 in order to attend the legislative session and return home, as
31
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1 well as for two round trips during the course of any regular
2 session of the Legislature.
3 (2) All vouchers covering legislative expenses shall
4 be preaudited by the Comptroller, and, if found to be correct,
5 state warrants shall be issued therefor.
6 Section 3. Section 11.13, Florida Statutes, is amended
7 to read:
8 11.13 Compensation of members.--
9 (1)(a) The annual salaries of members of the Senate
10 and House of Representatives, payable in 12 equal monthly
11 installments, shall be:
12 1. The President of the Senate and Speaker of the
13 House of Representatives, $25,000 each.
14 2. All other members of the Senate and House of
15 Representatives, $18,000 each.
16 (b) Effective July 1, 1986, and each July 1
17 thereafter, the annual salaries of members of the Senate and
18 House of Representatives shall be adjusted by the average
19 percentage increase in the salaries of state career service
20 employees for the fiscal year just concluded. The
21 Appropriations Committee of each house shall certify to the
22 Office of Legislative Services Joint Legislative Management
23 Committee the average percentage increase in the salaries of
24 state career service employees before prior to July 1 of each
25 year., and The Office of Legislative Services Joint
26 Legislative Management Committee shall, as of July 1, of each
27 year, determine the adjusted annual salaries as provided
28 herein.
29 (2) During the time the Legislature is in session,
30 each legislator shall be paid subsistence at a rate to be
31 established by the President of the Senate for members of the
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1 Senate and the Speaker of the House of Representatives for
2 members of the House Joint Legislative Management Committee.
3 Each legislator, in addition to subsistence, shall be paid
4 travel expenses in accordance with s. 112.061(7) and (8) for
5 actual travel between the legislator's home and the seat of
6 government for not more than one round trip per week or
7 fraction of a week during any regular, special, or
8 extraordinary session of the Legislature or for the convening
9 of either the House or Senate for official business.
10 (3) Members of any standing or select committee or
11 subcommittee thereof shall receive per diem and travel
12 expenses as provided in s. 112.061 from the appropriation for
13 legislative expenses.
14 (4) Each member of the Legislature shall be entitled
15 to receive a monthly allowance for intradistrict expenses in
16 an a uniform amount set annually by the President of the
17 Senate for members of the Senate and the Speaker of the House
18 of Representatives for members of the House Joint Legislative
19 Management Committee not later than November 1 for the next
20 fiscal year. In setting the amount, the costs of maintaining
21 a legislative district office that provides an appropriate
22 level of constituent services shall be considered. The
23 procedure for disbursement of the monthly intradistrict
24 expense allowed shall be set from time to time by the Office
25 of Legislative Services, with the approval of the President of
26 the Senate and the Speaker of the House of Representatives or
27 their respective designees Joint Legislative Management
28 Committee. Such expenses shall be a proper expense of the
29 Legislature and shall be disbursed from the appropriation for
30 legislative expense. The expenses provided under this
31 subsection shall not include any travel and per diem
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1 reimbursed under subsections (2) and (3) or the rules of
2 either house.
3 (5)(a) All expenditures of the Senate, House of
4 Representatives, and offices, committees, and divisions of the
5 Legislature shall be made pursuant to and, unless changed as
6 provided below, within the limits of budgetary estimates of
7 expenditure for each fiscal year prepared and submitted prior
8 to June 15 by the administrative head of each such house,
9 office, committee, or division and approved by the Committee
10 on Rules and Calendar of the Senate and the President of the
11 Senate as to Senate budgets, by the Committee on
12 Administration of the House of Representatives and the Speaker
13 of the House of Representatives as to House budgets, and by
14 the President of the Senate and the Speaker of the House of
15 Representatives acting jointly Joint Legislative Management
16 Committee as to joint committees and other units the divisions
17 of the Legislature other than the Legislative Auditing
18 Committee and the Auditor General's office. Amounts in the
19 approved estimates of expenditure may be transferred between
20 budgetary units within the Senate, House of Representatives,
21 and joint activities by the original approving authority.
22 Funds may be transferred between items of appropriation to the
23 Legislature when approved by the President of the Senate and,
24 the Speaker of the House of Representatives and the Joint
25 Legislative Management Committee, provided the total amount
26 appropriated to the legislative branch shall not be altered.
27 The Office of Legislative Services Joint Legislative
28 Management Committee shall formulate and present to each house
29 and office thereof recommendations concerning the form and
30 preparation of such budgets and procedures for their adoption
31 and transmission.
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1 (b) Thirty days prior to the date established by s.
2 216.023 for submission of legislative budgets by all state
3 agencies to the Governor, all budgetary units required to
4 submit estimates of expenditures as provided by paragraph (a)
5 shall annually submit tentative estimates of their financial
6 needs for the next fiscal year beginning July 1 to the
7 authorities required by that paragraph so that the financial
8 needs of the Legislature for the ensuing fiscal year may be
9 reported to the Governor by a committee composed of the
10 President of the Senate and, the Speaker of the House of
11 Representatives, and the chair or co-chairs of the Joint
12 Legislative Management Committee, pursuant to ss. 11.148 and
13 11.40 and as required by s. 216.081.
14 (c) The Office of Legislative Services Joint
15 Legislative Management Committee shall submit on forms
16 prescribed by the Comptroller requested allotments of
17 appropriations for the fiscal year. It shall be the duty of
18 the Comptroller to release the funds and authorize the
19 expenditures for the legislative branch to be made from the
20 appropriations on the basis of the requested allotments.
21 However, the aggregate of such allotments shall not exceed the
22 total appropriations available for the fiscal year.
23 (6) The pay of members of the Senate and House of
24 Representatives shall be only as set by law.
25 Section 4. Section 11.147, Florida Statutes, is
26 amended to read:
27 11.147 Office of Legislative Services Joint
28 Legislative Management Committee.--
29 (1) There is hereby created the Office of Legislative
30 Services to provide support services that are determined by
31 the President of the Senate and the Speaker of the House of
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1 Representatives to be necessary and that can be effectively
2 and efficiently provided jointly to both houses Joint
3 Legislative Management Committee, which shall consist of three
4 members of the House of Representatives appointed by the
5 Speaker of the House of Representatives, one of whom shall be
6 a member of the minority party, and three members of the
7 Senate appointed by the President of the Senate, one of whom
8 shall be a member of the minority party.
9 (2) The President of the Senate and the Speaker of the
10 House of Representatives may select a coordinator for the
11 Office of Legislative Services, who shall report directly to
12 the President of the Senate and the Speaker of the House of
13 Representatives or their respective designees.
14 (3)(2) The joint committees and other units of the
15 Legislature committee shall be governed by joint rules of the
16 Senate and House of Representatives which shall remain in
17 effect until repealed or amended by concurrent resolution.
18 (4)(3) The Office of Legislative Services joint
19 committee shall deliver such vouchers covering legislative
20 expenses as required to the Comptroller and, if found to be
21 correct, state warrants shall be issued therefor.
22 Section 5. Section 11.39, Florida Statutes, is
23 repealed.
24 Section 6. Effective July 1, 1998, the legislative
25 library is hereby transferred to the Department of State by a
26 type two transfer, as defined in section 20.06, Florida
27 Statutes.
28 Section 7. Paragraph (g) of subsection (13) of section
29 112.0455, Florida Statutes, is amended to read:
30 112.0455 Drug-Free Workplace Act.--
31 (13) RULES.--
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1 (g) The President of the Senate and the Speaker of the
2 House of Representatives Joint Legislative Management
3 Committee may adopt rules, policies, or procedures for the
4 employees and members of the legislative branch implementing
5 this section.
6
7 This section shall not be construed to eliminate the
8 bargainable rights as provided in the collective bargaining
9 process where applicable.
10 Section 8. Subsection (5) of section 112.3148, Florida
11 Statutes, is amended to read:
12 112.3148 Reporting and prohibited receipt of gifts by
13 individuals filing full or limited public disclosure of
14 financial interests and by procurement employees.--
15 (5)(a) A political committee or a committee of
16 continuous existence, as defined in s. 106.011; a lobbyist who
17 lobbies a reporting individual's or procurement employee's
18 agency; the partner, firm, employer, or principal of a
19 lobbyist; or another on behalf of the lobbyist or partner,
20 firm, principal, or employer of the lobbyist is prohibited
21 from giving, either directly or indirectly, a gift that has a
22 value in excess of $100 to the reporting individual or
23 procurement employee or any other person on his or her behalf;
24 however, such person may give a gift having a value in excess
25 of $100 to a reporting individual or procurement employee if
26 the gift is intended to be transferred to a governmental
27 entity or a charitable organization.
28 (b) However, a person who is regulated by this
29 subsection, who is not regulated by subsection (6), and who
30 makes, or directs another to make, an individual gift having a
31 value in excess of $25, but not in excess of $100, other than
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1 a gift which the donor knows will be accepted on behalf of a
2 governmental entity or charitable organization, must file a
3 report on the last day of each calendar quarter, for the
4 previous calendar quarter in which a reportable gift is made.
5 The report shall be filed with the Secretary of State, except
6 with respect to gifts to reporting individuals of the
7 legislative branch, in which case the report shall be filed
8 with the Division of Legislative Information Services in the
9 Office of Legislative Services Joint Legislative Management
10 Committee. The report must contain a description of each gift,
11 the monetary value thereof, the name and address of the person
12 making such gift, the name and address of the recipient of the
13 gift, and the date such gift is given. In addition, when a
14 gift is made which requires the filing of a report under this
15 subsection, the donor must notify the intended recipient at
16 the time the gift is made that the donor, or another on his or
17 her behalf, will report the gift under this subsection. Under
18 this paragraph, a gift need not be reported by more than one
19 person or entity.
20 Section 9. Paragraph (c) of subsection (1) of section
21 121.055, Florida Statutes, is amended to read:
22 121.055 Senior Management Service Class.--There is
23 hereby established a separate class of membership within the
24 Florida Retirement System to be known as the "Senior
25 Management Service Class," which shall become effective
26 February 1, 1987.
27 (1)
28 (c)1. Effective January 1, 1990, participation in the
29 Senior Management Service Class shall be compulsory for up to
30 75 nonelective positions at the level of committee staff
31 director or higher or equivalent managerial or policymaking
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1 positions within the House of Representatives, as selected by
2 the Speaker of the House of Representatives, up to 50
3 nonelective positions at the level of committee staff director
4 or higher or equivalent managerial or policymaking positions
5 within the Senate, as selected by the President of the Senate,
6 all staff directors of joint committees and service offices of
7 the Legislature, the Auditor General and up to 9 managerial or
8 policymaking positions within his or her office as selected by
9 the Auditor General, and the executive director of the
10 Commission on Ethics.
11 2. Participation in this class shall be compulsory,
12 except as provided in subparagraph 3., for any legislative
13 employee who holds a position designated for coverage in the
14 Senior Management Service Class, and such participation shall
15 continue until the employee terminates employment in a covered
16 position.
17 3. In lieu of participation in the Senior Management
18 Service Class, at in the discretion of the President of the
19 Senate and the Speaker of the House of Representatives Joint
20 Legislative Management Committee, such members may participate
21 in the Senior Management Service Optional Annuity Program as
22 established in subsection (6).
23 Section 10. Section 216.136, Florida Statutes, is
24 amended to read:
25 216.136 Consensus estimating conferences; duties and
26 principals.--
27 (1) ECONOMIC ESTIMATING CONFERENCE.--
28 (a) Duties.--
29 1. The Economic Estimating Conference shall develop
30 such official information with respect to the national and
31 state economies as the conference determines is needed for the
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1 state planning and budgeting system. The basic, long-term
2 forecasts which are a part of its official information shall
3 be trend forecasts. However, the conference may include cycle
4 forecasts as a part of its official information if the subject
5 matter of the forecast warrants a cycle forecast and if such
6 forecast is developed in a special impact session of the
7 conference.
8 2. Prior to the submission of the Governor's budget
9 recommendations to the Legislature pursuant to s. 216.162, and
10 again prior to each Regular Session of the Legislature, the
11 Economic Estimating Conference shall evaluate and project the
12 financial condition of the employee group health
13 self-insurance plan. This analysis shall also consider any
14 financial impact of the state's use of health maintenance
15 organizations on the funding of the self-insurance plan. The
16 conference shall indicate whether the current plan premium
17 rates are sufficient to fund projected plan claims and other
18 expenses during the fiscal year.
19 (b) Principals.--The Executive Office of the Governor,
20 the coordinator director of the Office Division of Economic
21 and Demographic Research of the Joint Legislative Management
22 Committee, and professional staff of the Senate and House of
23 Representatives who have forecasting expertise, or their
24 designees, are the principals of the Economic Estimating
25 Conference. The responsibility of presiding over sessions of
26 the conference shall be rotated among the principals.
27 (2) DEMOGRAPHIC ESTIMATING CONFERENCE.--
28 (a) Duties.--The Demographic Estimating Conference
29 shall develop such official information with respect to the
30 population of the nation and state by age, race, and sex as
31 the conference determines is needed for the state planning and
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1 budgeting system. The conference shall use the official
2 population estimates provided under s. 186.901 in developing
3 its official information.
4 (b) Principals.--The Executive Office of the Governor,
5 the coordinator director of the Office Division of Economic
6 and Demographic Research of the Joint Legislative Management
7 Committee, and professional staff of the Senate and House of
8 Representatives who have forecasting expertise, or their
9 designees, are the principals of the Demographic Estimating
10 Conference. The responsibility of presiding over sessions of
11 the conference shall be rotated among the principals.
12 (3) REVENUE ESTIMATING CONFERENCE.--
13 (a) Duties.--The Revenue Estimating Conference shall
14 develop such official information with respect to anticipated
15 state and local government revenues as the conference
16 determines is needed for the state planning and budgeting
17 system. Any principal may request the conference to review
18 and estimate revenues for any trust fund.
19 (b) Principals.--The Executive Office of the Governor,
20 the coordinator director of the Office Division of Economic
21 and Demographic Research of the Joint Legislative Management
22 Committee, and professional staff of the Senate and House of
23 Representatives who have forecasting expertise, or their
24 designees, are the principals of the Revenue Estimating
25 Conference. The responsibility of presiding over sessions of
26 the conference shall be rotated among the principals.
27 (4) EDUCATION ESTIMATING CONFERENCE.--
28 (a) Duties.--The Education Estimating Conference shall
29 develop such official information relating to the state public
30 educational system, including forecasts of student
31 enrollments, students qualified for state financial aid
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1 programs, fixed capital outlay needs, and Florida Education
2 Finance Program formula needs, as the conference determines is
3 needed for the state planning and budgeting system. The
4 conference's initial projections of enrollments in public
5 schools shall be forwarded by the conference to each school
6 district no later than 2 months prior to the start of the
7 regular session of the Legislature. Each school district may,
8 in writing, request adjustments to the initial projections.
9 Any adjustment request shall be submitted to the conference no
10 later than 1 month prior to the start of the regular session
11 of the Legislature and shall be considered by the principals
12 of the conference. A school district may amend its adjustment
13 request, in writing, during the first 3 weeks of the
14 legislative session, and such amended adjustment request shall
15 be considered by the principals of the conference. For any
16 adjustment so requested, the district shall indicate and
17 explain, using definitions adopted by the conference, the
18 components of anticipated enrollment changes that correspond
19 to continuation of current programs with workload changes;
20 program improvement; program reduction or elimination;
21 initiation of new programs; and any other information that may
22 be needed by the Legislature. For public schools, the
23 conference shall submit its full-time equivalent student
24 consensus estimate to the Legislature no later than 1 month
25 after the start of the regular session of the Legislature. No
26 conference estimate may be changed without the agreement of
27 the full conference.
28 (b) Principals.--The Associate Deputy Commissioner for
29 Educational Management, the Executive Office of the Governor,
30 the coordinator director of the Office Division of Economic
31 and Demographic Research of the Joint Legislative Management
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1 Committee, and professional staff of the Senate and House of
2 Representatives who have forecasting expertise, or their
3 designees, are the principals of the Education Estimating
4 Conference. The Associate Deputy Commissioner for Educational
5 Management or his or her designee shall preside over sessions
6 of the conference.
7 (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
8 (a) Duties.--The Criminal Justice Estimating
9 Conference shall develop such official information relating to
10 the criminal justice system, including forecasts of prison
11 admissions by offense categories specified in Rule 3.701,
12 Florida Rules of Criminal Procedure, as the conference
13 determines is needed for the state planning and budgeting
14 system.
15 (b) Principals.--The Executive Office of the Governor,
16 the coordinator director of the Office Division of Economic
17 and Demographic Research of the Joint Legislative Management
18 Committee, and professional staff, who have forecasting
19 expertise, from the Senate, the House of Representatives, and
20 the Supreme Court, or their designees, are the principals of
21 the Criminal Justice Estimating Conference. The principal
22 representing the Executive Office of the Governor shall
23 preside over sessions of the conference.
24 (6) SOCIAL SERVICES ESTIMATING CONFERENCE.--
25 (a) Duties.--
26 1. The Social Services Estimating Conference shall
27 develop such official information relating to the social
28 services system of the state, including forecasts of social
29 services caseloads, as the conference determines is needed for
30 the state planning and budgeting system. Such official
31 information shall include, but not be limited to, subsidized
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1 child care caseloads mandated by the Family Support Act of
2 1988.
3 2. In addition, the Social Services Estimating
4 Conference shall develop estimates and forecasts of the
5 unduplicated count of children eligible for subsidized child
6 care as defined in s. 402.3015(1). These estimates and
7 forecasts shall not include children enrolled in the
8 prekindergarten early intervention program established in s.
9 230.2305.
10 3. The Department of Health and Rehabilitative
11 Services and the Department of Education shall provide
12 information on caseloads and waiting lists for the subsidized
13 child care and prekindergarten early intervention programs
14 requested by the Social Services Estimating Conference or
15 individual conference principals, in a timely manner.
16 (b) Principals.--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, who have forecasting
20 expertise, from the Department of Health and Rehabilitative
21 Services, the Senate, and the House of Representatives, or
22 their designees, are the principals of the Social Services
23 Estimating Conference. The principal representing the
24 Executive Office of the Governor shall preside over sessions
25 of the conference.
26 (7) TRANSPORTATION ESTIMATING CONFERENCE.--
27 (a) Duties.--The Transportation Estimating Conference
28 shall develop such official budget information relating to
29 transportation planning and budgeting as is determined by the
30 conference principals to be needed for the state planning and
31 budgeting system. This information shall include estimates of
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1 transportation cost indices and other budget-related
2 estimates. This conference shall not address estimates of
3 transportation revenues.
4 (b) Principals.--The Executive Office of the Governor,
5 the coordinator director of the Office Division of Economic
6 and Demographic Research of the Joint Legislative Management
7 Committee, and professional staff with budgeting expertise
8 from the Department of Transportation, the Senate, and the
9 House of Representatives are the principals of the
10 Transportation Estimating Conference. The principal
11 representing the Executive Office of the Governor shall
12 preside over sessions of the conference.
13 (8) CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--
14 (a) Duties.--The Child Welfare System Estimating
15 Conference shall develop the following information relating to
16 the child welfare system:
17 1. Estimates and projections of the number of initial
18 and additional reports of child abuse or neglect made to the
19 central abuse registry and tracking system maintained by the
20 Department of Health and Rehabilitative Services as
21 established in s. 415.504(4)(a).
22 2. Estimates and projections of the number of children
23 who are alleged to be victims of child abuse or neglect and
24 are in need of placement in an emergency shelter.
25
26 In addition, the conference shall develop other official
27 information relating to the child welfare system of the state
28 which the conference determines is needed for the state
29 planning and budgeting system. The Department of Health and
30 Rehabilitative Services shall provide information on the child
31 welfare system requested by the Child Welfare System
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1 Estimating Conference, or individual conference principals, in
2 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 Child Welfare
10 System Estimating Conference. The principal representing the
11 Executive Office of the Governor shall preside over sessions
12 of the conference.
13 (9) JUVENILE JUSTICE ESTIMATING CONFERENCE.--
14 (a) Duties.--The Juvenile Justice Estimating
15 Conference shall develop such official information relating to
16 the juvenile justice system of the state as is determined by
17 the conference principals to be needed for the state planning
18 and budgeting system. This information shall include, but is
19 not limited to: estimates of juvenile delinquency caseloads
20 and workloads; estimates for secure, nonsecure, and home
21 juvenile detention placements; estimates of workloads in the
22 juvenile sections in the offices of the state attorneys and
23 public defenders; estimates of mental health and substance
24 abuse treatment relating to juveniles; and such other
25 information as is determined by the conference principals to
26 be needed for the state planning and budgeting system.
27 (b) Principals.--The Executive Office of the Governor,
28 the Office Division of Economic Economics and Demographic
29 Research of the Joint Legislative Management Committee, and
30 professional staff who have forecasting expertise from the
31 Department of Juvenile Justice, the Department of Health and
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1 Rehabilitative Services Alcohol, Drug Abuse, and Mental Health
2 Program Office, the Department of Law Enforcement, the Senate
3 Appropriations Committee staff, the House of Representatives
4 Appropriations Committee staff, or their designees, are the
5 principals of the Juvenile Justice Estimating Conference. The
6 responsibility of presiding over sessions of the conference
7 shall be rotated among the principals. To facilitate policy
8 and legislative recommendations, the conference may call upon
9 professional staff of the Juvenile Justice Advisory Board and
10 appropriate legislative staff.
11 (10) OCCUPATIONAL FORECASTING CONFERENCE.--
12 (a) Duties.--The Occupational Forecasting Conference
13 shall develop such official information on the workforce
14 development system planning process as it relates to the
15 personnel needs of current, new, and emerging industries as
16 the conference determines is needed by the state planning and
17 budgeting system. Such information must include at least:
18 short-term and long-term forecasts of employment demand for
19 high-skills/high-wage jobs by occupation and industry;
20 relative wage forecasts among those occupations; and estimates
21 of the supply of trained and qualified individuals available
22 for employment in those occupations.
23 (b) Principals.--The Commissioner of Education, the
24 Executive Office of the Governor, the director of the Office
25 of Tourism, Trade, and Economic Development, the Secretary of
26 Labor, and the coordinator director of the Office Division of
27 Economic and Demographic Research of the Joint Legislative
28 Management Committee, or their designees, are the principals
29 of the Occupational Forecasting Conference. The Commissioner
30 of Education, or the commissioner's designee, shall preside
31 over the sessions of the conference.
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1 Section 11. Paragraph (a) of subsection (2) of section
2 216.251, Florida Statutes, is amended to read:
3 216.251 Salary appropriations; limitations.--
4 (2)(a) The salary for each position not specifically
5 indicated in the appropriations acts shall be as provided in
6 one of the following subparagraphs:
7 1. Within the classification and pay plans provided
8 for in chapter 110.
9 2. Within the classification and pay plans established
10 by the Board of Trustees for the Florida School for the Deaf
11 and the Blind of the Department of Education and approved by
12 the State Board of Education for academic and academic
13 administrative personnel.
14 3. Within the classification and pay plan approved and
15 administered by the Board of Regents for those positions in
16 the State University System.
17 4. Within the classification and pay plan approved by
18 the President of the Senate and, the Speaker of the House of
19 Representatives, the Joint Legislative Management Committee,
20 or by the Legislative Auditing Committee, as the case may be,
21 for employees of the Legislature.
22 5. Within the approved classification and pay plan for
23 the judicial branch.
24 6. The salary of all positions not specifically
25 included in this subsection shall be set by the commission or
26 by the Chief Justice for the judicial branch.
27 Section 12. Section 985.401,Florida Statutes, is
28 amended to read:
29 985.401 Juvenile Justice Accountability Advisory
30 Board.--
31
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1 (1) The Juvenile Justice Accountability Advisory Board
2 shall be composed of nine members. Members of the board shall
3 have direct experience and a strong interest in juvenile
4 justice issues. The authority to appoint the board is
5 allocated as follows:
6 (a) Three members appointed by the Governor.
7 (b) Three members appointed by the President of the
8 Senate.
9 (c) Three members appointed by the Speaker of the
10 House of Representatives.
11 (2)(a) A full term shall be 3 years, and the term for
12 each seat on the board commences on October 1 and expires on
13 September 30, without regard to the date of appointment. Each
14 appointing authority shall appoint a member to fill one of the
15 three vacancies that occurs with the expiration of terms on
16 September 30 of each year. A member is not eligible for
17 appointment to more than two full, consecutive terms. A
18 vacancy on the board shall be filled within 60 days after the
19 date on which the vacancy occurs. The appointing authority
20 that made the original appointment shall make the appointment
21 to fill a vacancy that occurs for any reason other than the
22 expiration of a term, and the appointment shall be for the
23 remainder of the unexpired term.
24 (b) The board shall annually select a chairperson from
25 among its members.
26 (c) The board shall meet at least once each quarter. A
27 member may not authorize a designee to attend a meeting of the
28 board in place of the member. A member who fails to attend two
29 consecutive regularly scheduled meetings of the board, unless
30 the member is excused by the chairperson, shall be deemed to
31
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1 have abandoned the position, and the position shall be
2 declared vacant by the board.
3 (3)(a) The board members shall serve without
4 compensation, but are entitled to reimbursement for per diem
5 and travel expenses pursuant to s. 112.061.
6 (b) The board shall appoint an executive director and
7 other personnel who are exempt from part II of chapter 110,
8 relating to the Career Service System.
9 (c) The board is assigned, for the purpose of general
10 oversight, to the Joint Legislative Auditing Committee. The
11 board shall develop a budget pursuant to procedures
12 established by the Joint Legislative Auditing Committee.
13 (d) The composition of the board shall be broadly
14 reflective of the public and shall include minorities and
15 women. The term "minorities" as used in this paragraph means a
16 member of a socially or economically disadvantaged group that
17 includes African Americans, Hispanics, and American Indians.
18 Members of the board shall have direct experience and a strong
19 interest in juvenile justice issues.
20 (4) The board shall:
21 (a) Review and recommend programmatic and fiscal
22 policies governing the operation of programs, services, and
23 facilities for which the Department of Juvenile Justice is
24 responsible.
25 (b) Monitor the development and implementation of
26 long-range juvenile justice policies, including prevention,
27 early intervention, diversion, adjudication, and commitment.
28 (c) Monitor all activities of the executive and
29 judicial branch and their effectiveness in implementing
30 policies pursuant to this chapter.
31
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1 (d) Establish and operate a comprehensive system to
2 annually measure and report program outcome and effectiveness
3 for each program operated by the Department of Juvenile
4 Justice or operated by a provider under contract with the
5 department. The board shall use its evaluation research to
6 make advisory recommendations to the Legislature, the
7 Governor, and the department concerning the effectiveness and
8 future funding priorities of juvenile justice programs.
9 (e) Advise the President of the Senate, the Speaker of
10 the House of Representatives, the Governor, and the department
11 on matters relating to this chapter.
12 (f) Serve as a clearinghouse to provide information
13 and assistance to the district juvenile justice boards and
14 county juvenile justice councils.
15 (g) Hold public hearings and inform the public of
16 activities of the board and of the Department of Juvenile
17 Justice, as appropriate.
18 (h) Monitor the delivery and use of services,
19 programs, or facilities operated, funded, regulated, or
20 licensed by the Department of Juvenile Justice for juvenile
21 offenders or alleged juvenile offenders, and for prevention,
22 diversion, or early intervention of delinquency, and to
23 develop programs to educate the citizenry about such services,
24 programs, and facilities and about the need and procedure for
25 siting new facilities.
26 (i) Contract for consultants as necessary and
27 appropriate. The board may apply for and receive grants for
28 the purposes of conducting research and evaluation activities.
29 (j) Conduct such other activities as the board may
30 determine are necessary and appropriate to monitor the
31
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1 effectiveness of the delivery of juvenile justice programs and
2 services under this chapter.
3 (k) The board shall submit an annual report to the
4 President of the Senate, the Speaker of the House of
5 Representatives, the Governor, and the secretary of the
6 department not later than February 15 of each calendar year,
7 summarizing the activities and reports of the board for the
8 preceding year, and any recommendations of the board for the
9 following year.
10 (5) Each state agency shall provide assistance when
11 requested by the board. The board shall have access to all
12 records, files, and reports that are material to its duties
13 and that are in the custody of a school board, a law
14 enforcement agency, a state attorney, a public defender, the
15 court, the Department of Children and Family Services, and the
16 department.
17 Section 13. Section 11.241, Florida Statutes, is
18 amended to read:
19 11.241 Permanent statutory revision plan
20 created.--There is created a permanent statutory revision plan
21 to be implemented and maintained under the supervision of the
22 Office of Legislative Services joint committee.
23 Section 14. Section 11.242, Florida Statutes, is
24 amended to read:
25 11.242 Powers, duties, and functions as to statutory
26 revision.--The powers, duties, and functions of the Office of
27 Legislative Services joint committee in the operation and
28 maintenance of a statutory revision program shall be as
29 follows:
30 (1) To conduct a systematic and continuing study of
31 the statutes and laws of this state for the purpose of
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1 reducing their number and bulk, removing inconsistencies,
2 redundancies, and unnecessary repetitions and otherwise
3 improving their clarity and facilitating their correct and
4 proper interpretation; and for the same purpose, to prepare
5 and submit to the Legislature reviser's bills and bills for
6 the amendment, consolidation, revision, repeal, or other
7 alterations or changes in any general statute or laws or parts
8 thereof of a general nature and application of the preceding
9 session or sessions which may appear to be subject to
10 revision. Any revision, either complete, partial, or topical,
11 prepared for submission to the Legislature shall be
12 accompanied by revision and history notes relating to the
13 same, showing the changes made therein and the reason for such
14 recommended change.
15 (2) To carry on the arrangements and identification of
16 the general statutes and laws of the state, as adopted in the
17 Florida Statutes, and the contents of the same, by adding
18 thereto, in the future and in proper place, all new matter
19 belonging therein; this new material to be compiled, revised,
20 and republished periodically in continuation of the present
21 systems, matters, tables, and other material as contained in
22 the Florida Statutes.
23 (3) Reviser's bills shall not deal with nor carry
24 forward into the Florida Statutes any statute of any of the
25 following classes:
26 (a) Statutes relating to, for, or concerning only one
27 or more counties or parts thereof, except in cases where the
28 subject matter of the statute relates to the creation or
29 jurisdiction of state or county courts.;
30 (b) Statutes relating to, for, or concerning and
31 operative in only a portion of the state, except in cases
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1 where the subject matter of the statute relates to the
2 creation or jurisdiction of state or county courts.;
3 (c) Statutes relating to, for, or concerning only a
4 certain municipal corporation.;
5 (d) Statutes relating to, for or concerning only one
6 or more designated individuals or corporations.;
7 (e) Statutes incorporating a designated individual
8 corporation or making a grant thereto.;
9 (f) Road designation laws.
10 (4) The published edition of the Florida Statutes,
11 shall contain the following:
12 (a) The Florida Statutes, as adopted and enacted,
13 together with the laws of a general nature enacted at any
14 current session of the Legislature and directed to be embodied
15 in said edition.
16 (b) The Florida Constitution.
17 (c) Complete indexes of all the material in the
18 statutes.
19 (d) Such other matters, notes, data, and other
20 material as may be deemed necessary or admissible by the
21 Division of Statutory Revision of the Office of Legislative
22 Services joint committee for reference, convenience, or
23 interpretation.
24 (5) In carrying on the work of statutory revision and
25 in preparing the Florida Statutes for publication:
26 (a) All amendments made to any section or chapter, or
27 any part thereof, of the Florida Statutes or session laws of
28 this state by any current session of the Legislature, whenever
29 such amendments in express terms refer to sections or chapters
30 of said statutes or session laws, shall be incorporated with
31 the body of the text of the Florida Statutes.
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1 (b) All sections, chapters, or titles of the Florida
2 Statutes or session laws of this state which are expressly
3 repealed by any current session of the Legislature shall be
4 omitted.
5 (c) All laws of a general and permanent nature which
6 are of general application throughout the state enacted by any
7 current session of the Legislature shall be compiled and
8 included, assigning thereto in all appropriate places such
9 chapter and section identification, by the decimal system of
10 numbering heretofore embodied in the Florida Statutes, as is
11 appropriate and proper, but all chapters and sections so
12 compiled shall be indicated with a history note, clearly
13 showing that said section or chapter was not a part of the
14 revision at the time of its adoption and giving the proper
15 legislative session law chapter and section number. The
16 matter included under the authority of this subsection shall
17 be incorporated as enacted in any current session and shall be
18 prima facie evidence of such law in all courts of the state.
19 (d) Any two or more sections, chapters, or laws, or
20 parts thereof, may be consolidated.
21 (e) Any section, chapter, or law, or part thereof, may
22 be transferred from one location to another.
23 (f) The form or arrangement of any section, chapter,
24 or law, or part thereof, may be altered or changed by
25 transferring, combining, or dividing the same.
26 (g) Subsections, sections, chapters, and titles may be
27 renumbered and reference thereto may be changed to agree with
28 such renumbering.
29 (h) Grammatical, typographical and like errors may be
30 corrected and additions, alterations, and omissions, not
31
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1 affecting the construction or meaning of the statutes or laws,
2 may be freely made.
3 (i) All statutes and laws, or parts thereof, which
4 have expired, become obsolete, been held invalid by a court of
5 last resort, have had their effect or have served their
6 purpose, or which have been repealed or superseded, either
7 expressly or by implication, shall be omitted through the
8 process of reviser's bills duly enacted by the Legislature.
9 (j) All statutes and laws general in form but of such
10 local or limited application as to make their inclusion in the
11 Florida Statutes or any revision or supplement thereof
12 impracticable, undesirable or unnecessary shall be omitted
13 therefrom, without effecting a repeal thereof.
14 (k) All things relating to form, position, order, or
15 arrangement of the revision, not inconsistent with the Florida
16 Statutes system, which may be found desirable or necessary for
17 the improvement, betterment, or perfection of same, may be
18 done.
19 (6) To award contracts from time to time for editorial
20 work in the preparation of copy and other necessary material,
21 and for printing as defined in s. 283.60; to pay expenses only
22 of members of revision committees appointed by the joint
23 committee to assist in revision of whole titles or chapters;
24 and to pay for such other things as are authorized to be done
25 and performed as part of a statutory revision program under
26 the laws of this state.
27 (7) To exchange Florida Statutes, and other available
28 publications, with the officers, boards, and agencies of other
29 states and of the United States, and with other governments.
30 (8) To exercise all other powers, duties, and
31 functions necessary or convenient for properly carrying out
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1 the provisions of this law and all other laws relating to
2 statutory revision.
3 Section 15. Section 11.243, Florida Statutes, is
4 amended to read:
5 11.243 Publishing Florida Statutes; price, sale.--
6 (1) The Office of Legislative Services joint committee
7 shall continue the statutory revision system heretofore
8 adopted in this state and shall bring the general acts of the
9 Legislature within the revision system, as promptly after the
10 adjournment of the legislative session as possible.
11 (2) All copies of the Florida Statutes shall be
12 delivered by the printer to the Office of Legislative Services
13 joint committee, which shall distribute copies to the public
14 and governmental entities, including the judicial branch, at a
15 price to be fixed by the Office of Legislative Services joint
16 committee.
17 (3) All moneys collected by the joint committee from
18 the sale of the Florida Statutes or other publications shall
19 be deposited in the State Treasury and credited to the
20 appropriation for legislative expense.
21 Section 16. Paragraph (c) of subsection (6) of section
22 11.70, Florida Statutes, is amended to read:
23 11.70 Legislative Committee on Intergovernmental
24 Relations.--
25 (6) STAFF.--
26 (c) Upon request of the committee, the Office of
27 Legislative Services Joint Legislative Management Committee is
28 directed to provide office space and equipment as the
29 committee deems necessary.
30 Section 17. Subsection (2) of section 13.01, Florida
31 Statutes, is amended to read:
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1 13.01 Commission on Interstate Cooperation.--
2 (2) The Florida Commissioners for the National
3 Conference of Commissioners on Uniform State Laws appointed
4 pursuant to s. 13.10 shall be ex officio honorary nonvoting
5 members of this commission. The commission shall elect a
6 chair and a vice chair from among its members. The director
7 of the office of planning and budgeting in the Executive
8 Office of the Governor shall serve ex officio as secretary of
9 the Governor's committee, and an employee of the Office of
10 Legislative Services Joint Legislative Management Committee
11 designated by the coordinator executive director of the Office
12 of Legislative Services Joint Legislative Management Committee
13 shall serve as secretary of the Joint Legislative Committee on
14 Interstate Cooperation.
15 Section 18. Subsection (4) of section 13.10, Florida
16 Statutes, is amended to read:
17 13.10 Commissioners to the National Conference of
18 Commissioners on Uniform State Laws.--
19 (4) The coordinator executive director of the Office
20 of Legislative Services Joint Legislative Management Committee
21 shall designate an appropriate legislative employee to serve
22 as an associate member and secretary to the Florida
23 commissioners to the National Conference of Commissioners on
24 Uniform State Laws. He or she shall prepare and sign all
25 vouchers authorized by law and keep such records as directed
26 by the commissioners.
27 Section 19. Subsection (1) of section 15.155, Florida
28 Statutes, is amended to read:
29 15.155 Legislative documents; Department of State to
30 classify, number, and furnish copies of general laws, special
31 acts, resolutions, and memorials.--
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1 (1) Immediately after any act of the Legislature or
2 any resolution or memorial is filed in the office of the
3 Department of State, the department shall:
4 (a) Select, segregate, and classify all acts of the
5 Legislature, including memorials and resolutions, by dividing
6 them into the following two classifications: Volume I,
7 General Acts, and Volume II, Special Acts;
8 (b) Include in such General Acts all acts passed as
9 general laws and all memorials and resolutions, including
10 proposed constitutional amendments, and include in such
11 Special Acts only those acts passed as special laws and
12 becoming law as such;
13 (c) Assign a chapter number to each such act; and
14 (d) Furnish true and accurate copies of such laws,
15 resolutions, and memorials passed by the Legislature to the
16 Office of Legislative Services Joint Legislative Management
17 Committee for publication.
18 Section 20. Paragraph (b) of subsection (6) of section
19 20.315, Florida Statutes, is amended to read:
20 20.315 Department of Corrections.--There is created a
21 Department of Corrections.
22 (6) FLORIDA CORRECTIONS COMMISSION.--
23 (b) The primary functions of the commission are to:
24 1. Recommend major correctional policies for the
25 Governor's approval, and assure that approved policies and any
26 revisions thereto are properly executed.
27 2. Periodically review the status of the state
28 correctional system and recommend improvements therein to the
29 Governor and the Legislature.
30 3. Perform an in-depth review of the recommendations
31 of the Sentencing Guidelines Commission on the need for
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1 changes in the guidelines and of any alternative proposals
2 submitted by the Office Division of Economic and Demographic
3 Research of the Joint Legislative Management Committee to
4 revise statewide sentencing guidelines.
5 4. Annually perform an in-depth review of
6 community-based intermediate sanctions and recommend to the
7 Governor and the Legislature intergovernmental approaches
8 through the Community Corrections Partnership Act for planning
9 and implementing such sanctions and programs.
10 5. Perform an in-depth evaluation of the annual budget
11 request of the Department of Corrections, the comprehensive
12 correctional master plan, and the tentative construction
13 program for compliance with all applicable laws and
14 established departmental policies. The commission may not
15 consider individual construction projects, but shall consider
16 methods of accomplishing the department's goals in the most
17 effective, efficient, and businesslike manner.
18 6. Routinely monitor the financial status of the
19 Department of Corrections to assure that the department is
20 managing revenue and any applicable bond proceeds responsibly
21 and in accordance with law and established policy.
22 7. Evaluate, at least quarterly, the efficiency,
23 productivity, and management of the Department of Corrections,
24 using performance and production standards developed by the
25 department under subsection (18).
26 8. Provide public education on corrections and
27 criminal justice issues.
28 9. Report to the President of the Senate, the Speaker
29 of the House of Representatives, and the Governor by November
30 1 of each year. The first annual report of the commission
31 shall be made by November 1, 1995.
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1 Section 21. Effective October 1, 1998, paragraph (b)
2 of subsection (6) of section 20.315, Florida Statutes, as
3 amended by section 9 of chapter 97-194, Laws of Florida, is
4 reenacted to read:
5 20.315 Department of Corrections.--There is created a
6 Department of Corrections.
7 (6) FLORIDA CORRECTIONS COMMISSION.--
8 (b) The primary functions of the commission are to:
9 1. Recommend major correctional policies for the
10 Governor's approval, and assure that approved policies and any
11 revisions thereto are properly executed.
12 2. Periodically review the status of the state
13 correctional system and recommend improvements therein to the
14 Governor and the Legislature.
15 3. Annually perform an in-depth review of
16 community-based intermediate sanctions and recommend to the
17 Governor and the Legislature intergovernmental approaches
18 through the Community Corrections Partnership Act for planning
19 and implementing such sanctions and programs.
20 4. Perform an in-depth evaluation of the annual budget
21 request of the Department of Corrections, the comprehensive
22 correctional master plan, and the tentative construction
23 program for compliance with all applicable laws and
24 established departmental policies. The commission may not
25 consider individual construction projects, but shall consider
26 methods of accomplishing the department's goals in the most
27 effective, efficient, and businesslike manner.
28 5. Routinely monitor the financial status of the
29 Department of Corrections to assure that the department is
30 managing revenue and any applicable bond proceeds responsibly
31 and in accordance with law and established policy.
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1 6. Evaluate, at least quarterly, the efficiency,
2 productivity, and management of the Department of Corrections,
3 using performance and production standards developed by the
4 department under subsection (18).
5 7. Provide public education on corrections and
6 criminal justice issues.
7 8. Report to the President of the Senate, the Speaker
8 of the House of Representatives, and the Governor by November
9 1 of each year.
10 Section 22. Subsection (1) of section 27.709, Florida
11 Statutes, is amended to read:
12 27.709 Commission on the Administration of Justice in
13 Capital Cases.--
14 (1)(a) There is created the Commission on the
15 Administration of Justice in Capital Cases, which shall
16 consist of the six following members:
17 1. Two members appointed by the Governor.
18 2. Two members appointed by the President of the
19 Senate from the membership of the Senate. One member shall be
20 a member of the majority party, and one member shall be a
21 member of the minority party.
22 3. Two members appointed by the Speaker of the House
23 of Representatives from the membership of the House of
24 Representatives. One member shall be a member of the majority
25 party, and one member shall be a member of the minority party.
26 (b) The chair of the commission shall be selected by
27 the members for a term of 1 year.
28 (c) The commission shall meet quarterly, and other
29 meetings may be called by the chair upon giving at least 7
30 days' notice to all members and the public.
31
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1 (d) Members of the commission are entitled to per diem
2 and travel expenses to be paid by the appointing entity.
3 (e) The initial members of the commission must be
4 appointed on or before October 1, 1997. Members of the
5 commission shall be appointed to serve terms of 4 years each,
6 except that a member's term shall expire upon leaving office
7 as a member of the Senate or the House of Representatives. Two
8 of the initial members, one from the Senate and one from the
9 House of Representatives, shall be appointed for terms of 2
10 years each. Two of the initial members, one from the Senate
11 and one from the House of Representatives, shall be appointed
12 for terms of 3 years each.
13 (f) The Office of Legislative Services Joint
14 Legislative Management Committee shall provide staff support
15 for the commission.
16 Section 23. Subsection (13) of section 112.061,
17 Florida Statutes, is amended to read:
18 112.061 Per diem and travel expenses of public
19 officers, employees, and authorized persons.--
20 (13) DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever
21 an agency requires an employee to incur either Class A or
22 Class B travel on emergency notice to the traveler, such
23 traveler may request the agency to pay his or her expenses for
24 meals and lodging directly to the vendor, and the agency may
25 pay the vendor the actual expenses for meals and lodging
26 during the travel period, limited to an amount not to exceed
27 that authorized pursuant to this section. In emergency
28 situations, the agency head may authorize an increase in the
29 amount paid for a specific meal, provided that the total daily
30 cost of meals does not exceed the total amount authorized for
31 meals each day. The agency head or his or her designee may
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1 also grant prior approval for a state agency to make direct
2 payments of travel expenses in other situations that result in
3 cost savings to the state, and such cost savings shall be
4 documented in the voucher submitted to the Comptroller for the
5 direct payment of travel expenses. The provisions of this
6 subsection shall not be deemed to apply to any legislator or
7 to any employee of either house of the Legislature or of the
8 Joint Legislative Management Committee.
9 Section 24. Subsection (4) of section 112.321, Florida
10 Statutes, is amended to read:
11 112.321 Membership, terms; travel expenses; staff.--
12 (4) In accordance with the uniform personnel, job
13 classification, and pay plan adopted with the approval of the
14 President of the Senate and the Speaker of the House of
15 Representatives and administered by the Office of Legislative
16 Services Joint Legislative Management Committee pursuant to s.
17 11.147(4)(c), the commission shall employ an executive
18 director and shall provide the executive director with
19 necessary office space, assistants, and secretaries. Within
20 the above uniform plan, decisions relating to hiring,
21 promotion, demotion, and termination of commission employees
22 shall be made by the commission or, if so delegated by the
23 commission, by its executive director.
24 Section 25. Paragraph (d) of subsection (3) of section
25 119.15, Florida Statutes, is amended to read:
26 119.15 Legislative review of exemptions from public
27 meeting and public records requirements.--
28 (3)
29 (d) In the year before the repeal of an exemption
30 under this section, the Division of Statutory Revision of the
31 Office of Legislative Services Joint Legislative Management
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1 Committee shall certify to the President of the Senate and the
2 Speaker of the House of Representatives, by June 1, the
3 language and statutory citation of each exemption scheduled
4 for repeal the following year which meets the criteria of an
5 exemption as defined in this section. Any exemption that is
6 not identified and certified to the President of the Senate
7 and the Speaker of the House of Representatives is not subject
8 to legislative review and repeal under this section. If the
9 division fails to certify an exemption that it subsequently
10 determines should have been certified, it shall include the
11 exemption in the following year's certification after that
12 determination.
13 Section 26. Subsection (3) of section 218.60, Florida
14 Statutes, is amended to read:
15 218.60 Definitions.--
16 (3) All estimates of moneys provided pursuant to this
17 part utilized by participating units of local government in
18 the first year of participation shall be equal to 95 percent
19 of those projections made by the revenue estimating conference
20 and provided to local governments by the Office Division of
21 Economic and Demographic Research of the Joint Legislative
22 Management Committee, in consultation with the Department of
23 Revenue.
24 Section 27. Subsection (5) of section 229.593, Florida
25 Statutes, is amended to read:
26 229.593 Florida Commission on Education Reform and
27 Accountability.--
28 (5) Members of the commission shall serve without
29 compensation but are entitled to reimbursement for per diem
30 and travel expenses incurred in the performance of their
31 duties as provided in s. 112.061. Legislators are entitled to
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1 receive travel and per diem expenses as provided by the Office
2 of Legislative Services Joint Legislative Management Committee
3 for meetings of legislative committees. When appropriate,
4 commission members who are parents are to receive a stipend
5 for child care costs incurred while attending commission
6 meetings.
7 Section 28. Subsection (7) of section 282.3091,
8 Florida Statutes, is amended to read:
9 282.3091 State Technology Council; creation.--
10 (7) The council shall have the following duties and
11 responsibilities:
12 (a) To develop a statewide vision for information
13 resources management which shall be reflected in the State
14 Annual Report on Information Resources Management.
15 (b) To recommend statewide policies to the Executive
16 Office of the Governor, and to the President of the Senate,
17 and the Speaker of the House of Representatives Joint
18 Legislative Information Technology Resource Committee.
19 (c) To recommend innovation in the state's use of
20 technology to the Executive Office of the Governor, and the
21 President of the Senate, and the Speaker of the House of
22 Representatives Joint Legislative Information Technology
23 Resource Committee.
24 (d) To identify, develop, and recommend solutions to
25 address statewide technology issues to the Executive Office of
26 the Governor, and the President of the Senate, and the Speaker
27 of the House of Representatives Joint Legislative Information
28 Technology Resource Committee.
29 (e) To create ad hoc issue-oriented workgroups to make
30 recommendations to the council and to the Executive Office of
31
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1 the Governor. Such workgroups may include private and public
2 sector representatives.
3 (f) To review, evaluate, and comment on proposals by
4 the Joint Legislative Information Technology Resource
5 Committee.
6 (f)(g) To consult with the Chief Information Officers
7 Council.
8 (g)(h) To approve the State Annual Report on
9 Information Resources Management.
10 (h)(i) To recommend memoranda on guidelines and best
11 practices to the Executive Office of the Governor.
12 Section 29. Subsection (3) of section 282.310, Florida
13 Statutes, is amended to read:
14 282.310 State Annual Report on Information Resources
15 Management.--
16 (3) The state annual report shall be made available in
17 writing or through electronic means to the Executive Office of
18 the Governor, the President of the Senate, the Speaker of the
19 House of Representatives, the Joint Legislative Information
20 Technology Resource Committee, and the Chief Justice of the
21 Supreme Court.
22 Section 30. Section 282.322, Florida Statutes, is
23 amended to read:
24 282.322 Special monitoring process for designated
25 information resources management projects.--For each
26 information resources management project which is designated
27 for special monitoring in the General Appropriations Act, with
28 a proviso requiring a contract with a project monitor, the
29 Technology Review Workgroup established pursuant to s.
30 216.0446, in consultation with each affected agency, shall be
31 responsible for contracting with the project monitor. Upon
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1 contract award, funds equal to the contract amount shall be
2 transferred to the Technology Review Workgroup upon request
3 and subsequent approval of a budget amendment pursuant to s.
4 216.292. With the concurrence of the Legislative Auditing
5 Committee, the office of the Auditor General shall be the
6 project monitor for other projects designated for special
7 monitoring. However, nothing in this section precludes the
8 Auditor General from conducting such monitoring on any project
9 designated for special monitoring. In addition to monitoring
10 and reporting on significant communications between a
11 contracting agency and the appropriate federal authorities,
12 the project monitoring process shall consist of evaluating
13 each major stage of the designated project to determine
14 whether the deliverables have been satisfied and to assess the
15 level of risks associated with proceeding to the next stage of
16 the project. The major stages of each designated project shall
17 be determined based on the agency's information systems
18 development methodology. Within 20 days after an agency has
19 completed a major stage of its designated project, the project
20 monitor shall issue a written report, including the findings
21 and recommendations for correcting deficiencies, to the agency
22 head, for review and comment. Within 20 days after receipt of
23 the project monitor's report, the agency head shall submit a
24 written statement of explanation or rebuttal concerning the
25 findings and recommendations of the project monitor, including
26 any corrective action to be taken by the agency. The project
27 monitor shall include the agency's statement in its final
28 report which shall be forwarded, within 7 days after receipt
29 of the agency's statement, to the agency head, the inspector
30 general's office of the agency, the Executive Office of the
31 Governor, the appropriations committees of the Legislature,
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1 the Joint Legislative Auditing Committee, and the Technology
2 Review Workgroup, and the Legislative Information Technology
3 Resource Committee. The Auditor General shall also receive a
4 copy of the project monitor's report for those projects in
5 which the Auditor General is not the project monitor.
6 Section 31. Subsection (3) of section 350.031, Florida
7 Statutes, is amended to read:
8 350.031 Florida Public Service Commission Nominating
9 Council.--
10 (3) A majority of the membership of the council may
11 conduct any business before the council. All meetings and
12 proceedings of the council shall be staffed by the Office of
13 Legislative Services Joint Legislative Management Committee
14 and shall be subject to the provisions of ss. 119.07 and
15 286.011. Members of the council are entitled to receive per
16 diem and travel expenses as provided in s. 112.061, which
17 shall be funded by the Florida Public Service Regulatory Trust
18 Fund. Applicants invited for interviews before the council
19 may, in the discretion of the council, receive per diem and
20 travel expenses as provided in s. 112.06, which shall be
21 funded by the Florida Public Service Regulatory Trust Fund.
22 The council shall establish policies and procedures to govern
23 the process by which applicants are nominated.
24 Section 32. Subsection (8) of section 790.22, Florida
25 Statutes, is amended to read:
26 790.22 Use of BB guns, air or gas-operated guns, or
27 electric weapons or devices by minor under 16; limitation;
28 possession of firearms by minor under 18 prohibited;
29 penalties.--
30 (8) Notwithstanding s. 39.042 or s. 39.044(1), if a
31 minor under 18 years of age is charged with an offense that
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1 involves the use or possession of a firearm, as defined in s.
2 790.001, other than a violation of subsection (3), or is
3 charged for any offense during the commission of which the
4 minor possessed a firearm, the minor shall be detained in
5 secure detention, unless the state attorney authorizes the
6 release of the minor, and shall be given a hearing within 24
7 hours after being taken into custody. Effective April 15,
8 1994, at the hearing, the court may order that the minor
9 continue to be held in secure detention in accordance with the
10 applicable time periods specified in s. 39.044(5), if the
11 court finds that the minor meets the criteria specified in s.
12 39.044(2), or if the court finds by clear and convincing
13 evidence that the minor is a clear and present danger to
14 himself or herself or the community. The Department of
15 Juvenile Justice shall prepare a form for all minors charged
16 under this subsection that states the period of detention and
17 the relevant demographic information, including, but not
18 limited to, the sex, age, and race of the minor; whether or
19 not the minor was represented by private counsel or a public
20 defender; the current offense; and the minor's complete prior
21 record, including any pending cases. The form shall be
22 provided to the judge to be considered when determining
23 whether the minor should be continued in secure detention
24 under this subsection. An order placing a minor in secure
25 detention because the minor is a clear and present danger to
26 himself or herself or the community must be in writing, must
27 specify the need for detention and the benefits derived by the
28 minor or the community by placing the minor in secure
29 detention, and must include a copy of the form provided by the
30 department. The Department of Juvenile Justice must send the
31 form, including a copy of any order, without
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1 client-identifying information, to the Office Division of
2 Economic and Demographic Research of the Joint Legislative
3 Management Committee.
4 Section 33. The Office of Legislative Services shall
5 assume all rights, duties, and obligations of the Joint
6 Legislative Management Committee under contracts in effect on
7 the effective date of this act to which the committee is a
8 party.
9 Section 34. There is hereby transferred to the Office
10 of Legislative Services the unexpended balances of Specific
11 Appropriations 1854 through 1857 of section 6, chapter 97-152,
12 Laws of Florida, from the Joint Legislative Management
13 Committee for fiscal year 1997-1998 upon the date this bill
14 becomes law.
15 Section 35. Except as otherwise provided herein, this
16 act shall take effect upon becoming a law.
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