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

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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:

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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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