Senate Bill 0230c1

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    Florida Senate - 1999                            CS for SB 230

    By the Committee on Governmental Oversight and Productivity;
    and Senator Webster




    302-1715-99

  1                      A bill to be entitled

  2         An act relating to the Department of Labor and

  3         Employment Security; amending s. 20.171, F.S.;

  4         providing that the department shall operate its

  5         programs in a decentralized fashion; providing

  6         for the appointment of three assistant

  7         secretaries; providing for the powers and

  8         duties of such secretaries; providing for the

  9         creation of field offices; amending s. 110.205,

10         F.S.; providing that certain employees of the

11         department shall be in the Senior Management

12         Service; providing that certain actions

13         contemplated by the act shall be done within

14         the available resources of the department;

15         amending ss. 393.11, 410.0245, 627.212,

16         627.311, F.S., to conform; amending s. 442.006,

17         F.S.; limiting the authority of the division to

18         the public sector; amending s. 442.008, F.S.;

19         prescribing duties of the division; providing

20         for safety inspections and consultations and

21         prescribing fees therefor; amending s. 442.013,

22         F.S.; authorizing penalties for public-sector

23         employers; amending s. 442.019, F.S.;

24         authorizing the division to seek compliance in

25         circuit court against public-sector employers;

26         creating s. 443.012, F.S.; recreating the

27         Unemployment Appeals Commission; describing its

28         duties; providing for the future repeal of ch.

29         442, F.S.; requiring the department to provide

30         a report relating to the Division of Safety;

31         requiring the department to provide a report on

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  1         the delivery of vocational rehabilitation

  2         programs; transferring the brain and spinal

  3         cord injury program to the Department of

  4         Health; amending ss. 400.805, F.S., to conform;

  5         transferring, renumbering, and amending ss.

  6         413.465, 413.48, 413.49, 413.507, 413.604,

  7         413.605, 413.613, F.S. to conform to the

  8         transfer of duties to the Department of Health;

  9         requiring the Division of Vocational

10         Rehabilitation to enter into partnerships;

11         providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Section 20.171, Florida Statutes, 1998

16  Supplement, is amended to read:

17         20.171  Department of Labor and Employment

18  Security.--There is created a Department of Labor and

19  Employment Security. The department shall operate its programs

20  in a decentralized fashion.

21         (1)  The head of the Department of Labor and Employment

22  Security is the Secretary of Labor and Employment Security.

23  The secretary shall be appointed by the Governor subject to

24  confirmation by the Senate.  The secretary shall serve at the

25  pleasure of the Governor.

26         (2)(a)  There shall be three assistant secretaries who

27  shall be appointed by and serve at the pleasure of the

28  Secretary of Labor and Employment Security. The assistant

29  secretaries shall be titled Assistant Secretary for Finance

30  and Administration, Assistant Secretary for Programs, and

31  Assistant Secretary for Field Operations. The Secretary of

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  1  Labor and Employment Security may assign any assistant

  2  secretary the responsibility of supervising, coordinating, and

  3  formulating policy for any division, office, field office, or

  4  local office.

  5         (b) The following special offices are established

  6  within the department: the Office of General Counsel, the

  7  Office of Inspector General, and the Office of the Executive

  8  Staff Director. These special offices are to be headed by

  9  managers who are appointed by and serve at the pleasure of the

10  secretary.

11         (c) There shall be five field offices involved in the

12  administration and management of the department's programs for

13  workers' compensation, jobs and benefits, and unemployment

14  compensation. These five field offices shall also be

15  responsible for administration and management of any local

16  offices within their districts. The five field offices shall

17  be headed by managers, each of whom shall be appointed by and

18  serve at the pleasure of the Secretary of Labor and Employment

19  Security.

20         (d) The managers of all divisions and offices

21  specifically named in this section and the directors of the

22  five field offices are exempt from part II of chapter 110 and

23  are included in the Senior Management Service in accordance

24  with s. 110.205(2)(i). No other assistant secretaries or

25  senior management positions at or above the division level,

26  except those established in chapter 110, may be created

27  without specific legislative authority.

28         (3)(a)  The Assistant Secretary for Finance and

29  Administration must possess a broad knowledge of the

30  administrative, financial, and technical aspects of a complete

31  cost-accounting system, budget preparation and management, and

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  1  management information systems. The Assistant Secretary for

  2  Finance and Administration must be a proven, effective manager

  3  with specialized skills in financial planning and management.

  4  The Assistant Secretary for Finance and Administration shall

  5  ensure that financial information is processed in a timely,

  6  accurate, and complete manner.

  7         (b)  The Assistant Secretary for Finance and

  8  Administration is responsible for developing, monitoring, and

  9  enforcing policy and managing major technical programs. The

10  responsibilities and duties of the Assistant Secretary for

11  Finance and Administration include, but are not limited to:

12         1.  The following functional areas:

13         a.  Financial planning and management.

14         b.  Information systems.

15         c.  Accounting systems.

16         d.  Administrative functions.

17         2.  Implementing by no later than December 1, 1999:

18         a.  The preparation of detailed documentation of the

19  internal controls, including general and application controls,

20  the department relies on for accurate and complete financial

21  information.

22         b.  The monthly reconciliation of the department's

23  accounting, planning and budgeting, cash forecasting, and

24  grants-in-aid program.

25         c.  The development of a long-range information systems

26  plan for the department which addresses the computing and

27  informational requirements of the five field and special

28  offices. Financial, personnel, and technical resources must

29  all be identified and qualified, as appropriate.

30

31

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  1         (c)  The following offices are established and shall be

  2  headed by managers who are supervised by and responsible to

  3  the Assistant Secretary for Finance and Administration:

  4         1.  The Office of Administration.

  5         2.  The Office of Comptroller.

  6         3.  The Office of Management and Budget.

  7         4.  The Office of Civil Rights.

  8         5.  The Office of Information Systems.

  9         (d)  Within the central office there is created an

10  Office of Management and Budget. The functions of the Office

11  of Management and Budget include, but are not limited to:

12         1.  Financial planning.

13         2.  Preparation of the department budget.

14         3.  Coordination of related policies and procedures.

15         4.  The development of uniform implementation and

16  monitoring procedures for all activities performed at the

17  field office level involving the budget and agency programs.

18         (e)1.  The head of the Office of Management and Budget

19  is the comptroller, who is appointed by the secretary and who

20  is responsible to the Assistant Secretary for Finance and

21  Administration. This position is exempt from part II of

22  chapter 110.

23         2.  The comptroller is the chief financial officer of

24  the department and shall be a proven, effective administrator

25  who by a combination of education and experience clearly

26  possesses a broad knowledge of the administrative, financial,

27  and technical aspects of a complex cost-accounting system. The

28  comptroller must also have a working knowledge of generally

29  accepted accounting principles. At a minimum, the comptroller

30  shall hold an active license to practice public accounting in

31  Florida pursuant to chapter 473 or an active license to

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  1  practice public accounting in another state. In addition to

  2  the requirements of the Florida Fiscal Accounting Management

  3  Information System Act, the comptroller is responsible for the

  4  development, maintenance, and modification of an accounting

  5  system which will in a timely manner accurately reflect the

  6  revenues and expenditures of the department and which shall

  7  include a cost-accounting system to properly identify,

  8  segregate, allocate, and report department costs. The

  9  comptroller shall supervise and direct preparation of a

10  detailed 36-month forecast of cash and expenditures and shall

11  be responsible for managing and determining cash requirements.

12  The comptroller shall review all comparative cost studies

13  which examine the cost-effectiveness and feasibility of

14  contracting for services and operations performed by the

15  department. The review shall state that the study was prepared

16  in accordance with generally accepted cost-accounting

17  standards applied in a consistent manner using valid and

18  accurate cost data.

19         3.  The comptroller may be required to give bond as

20  provided by s. 20.05(4).

21         4.  The department shall, by rule or internal

22  management memoranda as required by chapter 120, provide for

23  the maintenance by the comptroller of financial records and

24  accounts of the department as will afford a full and complete

25  check against the improper payment of bills and provide a

26  system for the prompt payment of the just obligations of the

27  department, which records must at all times disclose:

28         a.  The several appropriations available for the use of

29  the department.

30         b.  The specific amounts of each such appropriation

31  budgeted by the department for each improvement or purpose.

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  1         c.  The apportionment or division of all such

  2  appropriations among the several counties and field offices,

  3  when such apportionment or division is made.

  4         d.  The amount or portion of each such apportionment

  5  against contractual and other obligations of the department.

  6         e.  The amount expended and the amount still to be

  7  expended in connection with each contractual and other

  8  obligations of the department.

  9         f.  The expense and operating costs of the various

10  activities of the department.

11         g.  The receipts accruing to the department and the

12  distribution thereof.

13         h.  The assets, investments, and liabilities of the

14  department.

15         i.  The cash requirements of the department of a

16  36-month period.

17         5.  The comptroller shall maintain a separate account

18  for each fund administered by the department.

19         6.  The comptroller shall perform such other related

20  duties as may be designated by the department.

21         (4)(a)  The Assistant Secretary for Programs must

22  possess a broad knowledge of the administrative, financial,

23  and technical aspects of the divisions within the department.

24         (b)  The Assistant Secretary for Programs is

25  responsible for developing, monitoring, and enforcing policy

26  and managing major technical programs. The responsibilities

27  and duties of the Assistant Secretary for Programs include,

28  but are not limited to, the following functional areas:

29         1.  Workers' compensation management and policy.

30         2.  Jobs and benefits management and policy.

31         3.  Unemployment compensation management and policy.

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  1         4.  Blind services management and policy.

  2         (c)  The following divisions are established and shall

  3  be headed by division directors who are supervised by and

  4  responsible to the Assistant Secretary for Programs:

  5         1.  Division of Workforce and Employment Opportunities.

  6         2.  Division of Unemployment Compensation.

  7         3.  Division of Workers' Compensation.

  8         4.  Division of Blind Services.

  9         5.  Division of Safety. This subparagraph is repealed

10  July 1, 2000.

11         6.  Division of Vocational Rehabilitation.

12         (5)(a)  The Assistant Secretary for Field Operations

13  must possess a broad knowledge of the administrative,

14  financial, and technical aspects of the divisions within the

15  department.

16         (b)  The Assistant Secretary for Field Operations is

17  responsible for developing, monitoring, and enforcing policy

18  and managing major technical programs. The responsibilities

19  and duties of the Assistant Secretary for Field Operations

20  include, but are not limited to, the following functional

21  areas:

22         1.  Oversight of the five field offices, and any local

23  offices.

24         2.  Workers' compensation policy implementation.

25         3.  Jobs and benefits policy implementation.

26         4.  Unemployment compensation policy implementation.

27         (c)  It is the intent of the Legislature that the

28  functions and programs of the divisions are to be coordinated

29  and integrated to the maximum extent practicably feasible.

30  Further, it is the intent of the Legislature that all key

31  programs be co-located in five field offices. The department

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  1  is directed to develop a schedule to achieve this co-location

  2  by no later than July 1, 2001. The following field offices are

  3  established and shall be headed by managers:

  4         1.  Field Office I--Pensacola, which shall serve the

  5  following counties: Escambia, Santa Rosa, Okaloosa, Walton,

  6  Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Liberty,

  7  Franklin, Wakulla, Leon, Gadsden, Jefferson, Madison,

  8  Lafayette, Suwannee, Hamilton, Dixie, Gilchrist, Columbia, and

  9  Union.

10         2.  Field Office II--Jacksonville, which shall serve

11  the following counties: Baker, Bradford, Clay, St. Johns,

12  Duval, Nassau, Alachua, Putnam, Marion, Citrus, Levy, Flagler,

13  Volusia, and Brevard.

14         3.  Field Office III--Orlando, which shall serve the

15  following counties: Lake, Seminole, Orange, Sumter, Sarasota,

16  Hardee, DeSoto, Highlands, Osceola, Polk, Hernando, Pasco,

17  Pinellas, Manatee, and Hillsborough.

18         4.  Field Office IV--Ft. Lauderdale, which shall serve

19  the following counties:  Broward, Palm Beach, Martin, St.

20  Lucie, Indian River, Glades, Hendry, Collier, Okeechobee,

21  Charlotte, and Lee.

22         5.  Field Office V--Miami, which shall serve the

23  following counties: Dade and Monroe.

24         (2)  The following divisions, and bureaus within the

25  divisions, of the Department of Labor and Employment Security

26  are established:

27         (a)  Division of Jobs and Benefits.

28         (b)  Division of Unemployment Compensation.

29         (c)  Division of Administrative Services.

30         (d)  Division of Workers' Compensation.

31         (e)  Division of Vocational Rehabilitation.

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  1         (f)  Division of Safety.

  2         (g)  Division of Blind Services.

  3         (6)(3)  The following commissions are established

  4  within the Department of Labor and Employment Security:

  5         (a)  Public Employees Relations Commission.

  6         (b)  Unemployment Appeals Commission.

  7         (4)(a)  There is created within the Department of Labor

  8  and Employment Security an Unemployment Appeals Commission,

  9  hereinafter referred to as the "commission."  The commission

10  shall consist of a chair and two other members to be appointed

11  by the Governor, subject to confirmation by the Senate.  Not

12  more than one appointee shall be a person who, on account of

13  previous vocation, employment, or affiliation, shall be

14  classified as a representative of employers; and not more than

15  one such appointee shall be a person who, on account of

16  previous vocation, employment, or affiliation, shall be

17  classified as a representative of employees.

18         1.  The chair shall devote his or her entire time to

19  commission duties and shall be responsible for the

20  administrative functions of the commission.

21         2.  The chair shall have the authority to appoint a

22  general counsel and such other personnel as may be necessary

23  to carry out the duties and responsibilities of the

24  commission.

25         3.  The chair shall have the qualifications required by

26  law for a judge of the circuit court and shall not engage in

27  any other business vocation or employment. Notwithstanding any

28  other provisions of existing law, the chair shall be paid a

29  salary equal to that paid under state law to a judge of the

30  circuit court.

31

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  1         4.  The remaining members shall be paid a stipend of

  2  $100 for each day they are engaged in the work of the

  3  commission.  The chair and other members shall also be

  4  reimbursed for travel expenses, as provided in s. 112.061.

  5         5.  The total salary and travel expenses of each member

  6  of the commission shall be paid from the Employment Security

  7  Administration Trust Fund.

  8         (b)  Members shall serve for terms of 4 years each,

  9  except that, beginning July 1, 1977, the chair shall be

10  appointed for a term of 4 years, one member for 3 years, and

11  one member for 2 years. A vacancy for the unexpired term of a

12  member shall be filled in the same manner as provided in this

13  subsection for an original appointment.  The presence of two

14  members shall constitute a quorum for any called meeting of

15  the commission.

16         (c)  The commission is vested with all authority,

17  powers, duties, and responsibilities relating to unemployment

18  compensation appeal proceedings under chapter 443.

19         (d)  The property, personnel, and appropriations

20  relating to the specified authority, powers, duties, and

21  responsibilities of the commission shall be provided to the

22  commission by the Department of Labor and Employment Security.

23         (e)  The commission shall not be subject to control,

24  supervision, or direction by the Department of Labor and

25  Employment Security in the performance of its powers and

26  duties under chapter 443.

27         (f)  The commission shall make such expenditures,

28  including expenditures for personal services and rent at the

29  seat of government and elsewhere; for law books, books of

30  reference, periodicals, furniture, equipment, and supplies;

31  and for printing and binding as may be necessary in exercising

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  1  its authority and powers and carrying out its duties and

  2  responsibilities.  All such expenditures of the commission

  3  shall be allowed and paid as provided in s. 443.211 upon the

  4  presentation of itemized vouchers therefor, approved by the

  5  chair.

  6         (g)  The commission may charge, in its discretion, for

  7  publications, subscriptions, and copies of records and

  8  documents. Such fees shall be deposited in the Employment

  9  Security Administration Trust Fund.

10         (h)  The commission shall maintain and keep open during

11  reasonable business hours an office, which shall be provided

12  in the Capitol or some other suitable building in the City of

13  Tallahassee, for the transaction of its business, at which

14  office its official records and papers shall be kept.  The

15  offices shall be furnished and equipped by the commission.

16  The commission may hold sessions and conduct hearings at any

17  place within the state.

18         (i)  The commission shall prepare and submit a budget

19  covering the necessary administrative cost of the commission.

20         (j)  The commission shall have a seal for

21  authentication of its orders, awards, and proceedings, upon

22  which shall be inscribed the words "State of

23  Florida-Unemployment Appeals Commission-Seal"; and it shall be

24  judicially noticed.

25         (k)  The commission has authority to adopt rules

26  pursuant to ss. 120.536(1) and 120.54 to implement provisions

27  of law conferring duties upon it.

28         (l)  Orders of the commission relating to unemployment

29  compensation under chapter 443 shall be subject to review only

30  by notice of appeal to the district courts of appeal in the

31  manner provided in s. 443.151(4)(e).

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  1         Section 2.  Paragraph (l) of subsection (2) of section

  2  110.205, Florida Statutes, is amended to read:

  3         110.205  Career service; exemptions.--

  4         (2)  EXEMPT POSITIONS.--The exempt positions which are

  5  not covered by this part include the following, provided that

  6  no position, except for positions established for a limited

  7  period of time pursuant to paragraph (h), shall be exempted if

  8  the position reports to a position in the career service:

  9         (l)  All assistant division director, deputy division

10  director, and bureau chief positions in any department, and

11  those positions determined by the department to have

12  managerial responsibilities comparable to such positions,

13  which positions include, but are not limited to, positions in

14  the Department of Health and Rehabilitative Services and the

15  Department of Corrections that are assigned primary duties of

16  serving as the superintendent of an institution: positions in

17  the Department of Transportation that are assigned primary

18  duties of serving as regional toll managers and managers of

19  offices as defined in s. 20.23(3)(d)3. and (4)(d); positions

20  in the Department of Environmental Protection that are

21  assigned the duty of an Environmental Administrator or program

22  administrator; those positions described in s. 20.171 as

23  included in the Senior Management Service; and positions in

24  the Department of Health and Rehabilitative Services that are

25  assigned the duty of an Environmental Administrator. Unless

26  otherwise fixed by law, the department shall set the salary

27  and benefits of these positions in accordance with the rules

28  established for the Selected Exempt Service.

29         Section 3.  All actions required by this act shall be

30  accomplished within available appropriations of the Department

31  of Labor and Employment Security.

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  1         Section 4.  Subsection (1) of section 393.11, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         393.11  Involuntary admission to residential

  4  services.--

  5         (1)  JURISDICTION.--When a person is mentally retarded

  6  and requires involuntary admission to residential services

  7  provided by the developmental services program of the

  8  Department of Children and Family Health and Rehabilitative

  9  Services, the circuit court of the county in which the person

10  resides shall have jurisdiction to conduct a hearing and enter

11  an order involuntarily admitting the person in order that the

12  person may receive the care, treatment, habilitation, and

13  rehabilitation which the person needs.  For the purpose of

14  identifying mental retardation, diagnostic capability shall be

15  established in every program function of the department in the

16  districts, including, but not limited to, programs provided by

17  children and families; delinquency services; alcohol, drug

18  abuse, and mental health; and economic services, and by the

19  Division of Vocational Rehabilitation of the Department of

20  Labor and Employment Security. Except as otherwise specified,

21  the proceedings under this section shall be governed by the

22  Florida Rules of Civil Procedure.

23         Section 5.  Paragraph (a) of subsection (1) of section

24  410.0245, Florida Statutes, is amended to read:

25         410.0245  Study of service needs; report; multiyear

26  plan.--

27         (1)(a)  The Aging and Adult Services Program Office of

28  the Department of Children and Family Health and

29  Rehabilitative Services shall contract for a study of the

30  service needs of the 18-to-59-year-old disabled adult

31  population served or waiting to be served by the community

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  1  care for disabled adults program.  The Division of Vocational

  2  Rehabilitation of the Department of Labor and Employment

  3  Security and other appropriate state agencies shall provide

  4  information to the Department of Children and Family Health

  5  and Rehabilitative Services when requested for the purposes of

  6  this study.

  7         Section 6.  Section 442.006, Florida Statutes, 1998

  8  Supplement, is amended to read:

  9         442.006  Investigations by the division; refusal to

10  admit; penalty.--

11         (1)  The division shall make studies and investigations

12  with respect to safety provisions and the causes of injuries

13  in public-sector places of employment employments covered by

14  this chapter, and shall make to the Legislature and

15  public-sector employers and carriers such recommendations as

16  it considers proper as to the best means of preventing

17  injuries. In making such studies and investigations, the

18  division may:

19         (a)  Cooperate with any agency of the United States

20  charged with the duty of enforcing any law securing safety

21  against injury in any public-sector place of employment

22  covered by this chapter, or any agency or department of the

23  state engaged in enforcing any laws to assure safety for

24  employees.

25         (b)  Allow any such agency or department to have access

26  to the records of the division.

27         (2)  The division and its authorized representatives

28  may enter and inspect any public-sector place of employment at

29  any reasonable time for the purpose of investigating

30  compliance with this chapter and making inspections for the

31  proper enforcement of this chapter. Any public-sector employer

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  1  or owner who refuses to admit any member of the division or

  2  its authorized representative to any public-sector place of

  3  employment or to allow investigation and inspection pursuant

  4  to this paragraph is guilty of a misdemeanor of the second

  5  degree, punishable as provided in s. 775.082 or s. 775.083.

  6         (3)  The division by rule may adopt procedures for

  7  conducting investigations of public sector employers under

  8  this chapter.

  9         Section 7.  Section 442.008, Florida Statutes, 1998

10  Supplement, is amended to read:

11         442.008  Division authority.--The division shall:

12         (1)  Investigate and prescribe what safety devices,

13  safeguards, or other means of protection must be adopted for

14  the prevention of accidents in every public-sector employment

15  or place of employment; determine what suitable devices,

16  safeguards, or other means of protection for the prevention of

17  occupational diseases must be adopted or followed in any or

18  all such public-sector employments or places of employment;

19  and adopt reasonable rules for the prevention of accidents and

20  the prevention of occupational diseases.

21         (2)  Ascertain, fix, and order such reasonable

22  standards and rules for the construction, repair, and

23  maintenance of public-sector places of employment as shall

24  render them safe. Such rules and standards must be adopted in

25  accordance with chapter 120.

26         (3)  Assist employers in the development and

27  implementation of employee safety training programs by

28  contracting with professional safety organizations.

29         (4)  Adopt rules prescribing recordkeeping

30  responsibilities for public sector employers, which may

31  include rules for maintaining a log and summary of

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  1  occupational injuries, diseases, and illnesses and for

  2  producing on request a notice of injury and employee accident

  3  investigation records, and rules prescribing a retention

  4  schedule for such records.

  5         (5)  Provide safety inspections and consultations to

  6  those employers who request them. The division may assess a

  7  fee not to exceed $500. The funds collected by the division

  8  shall be deposited into the Workers' Compensation

  9  Administration Trust Fund pursuant to s. 440.51 and shall be

10  used to administer this subsection.

11         Section 8.  Section 442.013, Florida Statutes, is

12  amended to read:

13         442.013  Public-sector employer penalties.--If any

14  public-sector employer violates or fails or refuses to comply

15  with this chapter or with any rule adopted by the division, in

16  accordance with chapter 120, for the prevention of injuries,

17  accidents, or occupational diseases or with any lawful order

18  of the division in connection with this chapter, or fails or

19  refuses to furnish or adopt any safety device, safeguard, or

20  other means of protection prescribed by the division under

21  this chapter for the prevention of accidents or occupational

22  diseases, the division may assess against the public-sector

23  employer a civil penalty of not less than $100 nor more than

24  $5,000 for each day the violation, omission, failure, or

25  refusal continues after the public-sector employer has been

26  given notice thereof in writing. The total penalty for each

27  violation may not exceed $50,000. The division shall adopt

28  rules requiring penalties commensurate with the frequency or

29  severity, or both, of safety violations. A hearing must be

30  held in the county where the violation, omission, failure, or

31  refusal is alleged to have occurred, unless otherwise agreed

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  1  to by the public-sector employer and authorized by the

  2  division.

  3         Section 9.  Section 442.019, Florida Statutes, is

  4  amended to read:

  5         442.019  Compliance.--Failure of a public-sector an

  6  employer or a carrier to comply with this chapter or with any

  7  rules adopted under this chapter constitutes grounds for the

  8  division to seek remedies, including injunctive relief, for

  9  compliance by making appropriate filings with the Circuit

10  Court of Leon County.

11         Section 10.  Section 443.012, Florida Statutes, is

12  created to read:

13         443.012  Unemployment Appeals Commission.--

14         (1)  There is created within the Department of Labor

15  and Employment Security an Unemployment Appeals Commission,

16  hereinafter referred to as the "commission."  The commission

17  shall consist of a chair and two other members to be appointed

18  by the Governor, subject to confirmation by the Senate.  Not

19  more than one appointee must be a person who, on account of

20  previous vocation, employment, or affiliation, is classified

21  as a representative of employers; and not more than one such

22  appointee must be a person who, on account of previous

23  vocation, employment, or affiliation, is classified as a

24  representative of employees.

25         (a)  The chair shall devote his or her entire time to

26  commission duties and shall be responsible for the

27  administrative functions of the commission.

28         (b)  The chair shall have the authority to appoint a

29  general counsel and such other personnel as may be necessary

30  to carry out the duties and responsibilities of the

31  commission.

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  1         (c)  The chair shall have the qualifications required

  2  by law for a judge of the circuit court and shall not engage

  3  in any other business vocation or employment. Notwithstanding

  4  any other provisions of existing law, the chair shall be paid

  5  a salary equal to that paid under state law to a judge of the

  6  circuit court.

  7         (d)  The remaining members shall be paid a stipend of

  8  $100 for each day they are engaged in the work of the

  9  commission.  The chair and other members shall also be

10  reimbursed for travel expenses, as provided in s. 112.061.

11         (e)  The total salary and travel expenses of each

12  member of the commission shall be paid from the Employment

13  Security Administration Trust Fund.

14         (2)  Members shall serve for terms of 4 years each,

15  except that, beginning July 1, 1977, the chair shall be

16  appointed for a term of 4 years, one member for 3 years, and

17  one member for 2 years. A vacancy for the unexpired term of a

18  member shall be filled in the same manner as provided in this

19  subsection for an original appointment.  The presence of two

20  members shall constitute a quorum for any called meeting of

21  the commission.

22         (3)  The commission is vested with all authority,

23  powers, duties, and responsibilities relating to unemployment

24  compensation appeal proceedings under chapter 443.

25         (4)  The property, personnel, and appropriations

26  relating to the specified authority, powers, duties, and

27  responsibilities of the commission shall be provided to the

28  commission by the Department of Labor and Employment Security.

29         (5)  The commission shall not be subject to control,

30  supervision, or direction by the Department of Labor and

31

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  1  Employment Security in the performance of its powers and

  2  duties under chapter 443.

  3         (6)  The commission shall make such expenditures,

  4  including expenditures for personal services and rent at the

  5  seat of government and elsewhere, for law books, books of

  6  reference, periodicals, furniture, equipment, and supplies,

  7  and for printing and binding as are necessary in exercising

  8  its authority and powers and carrying out its duties and

  9  responsibilities.  All such expenditures of the commission

10  shall be allowed and paid as provided in s. 443.211 upon the

11  presentation of itemized vouchers therefor, approved by the

12  chair.

13         (7)  The commission may charge, in its discretion, for

14  publications, subscriptions, and copies of records and

15  documents. Such fees shall be deposited in the Employment

16  Security Administration Trust Fund.

17         (8)  The commission shall maintain and keep open during

18  reasonable business hours an office, which shall be provided

19  in the Capitol or some other suitable building in the City of

20  Tallahassee, for the transaction of its business, at which

21  office its official records and papers shall be kept.  The

22  offices shall be furnished and equipped by the commission.

23  The commission may hold sessions and conduct hearings at any

24  place within the state.

25         (9)  The commission shall prepare and submit a budget

26  covering the necessary administrative cost of the commission.

27         (10)  The commission shall have a seal for

28  authentication of its orders, awards, and proceedings, upon

29  which shall be inscribed the words "State of

30  Florida-Unemployment Appeals Commission-Seal", and it shall be

31  judicially noticed.

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  1         (11)  The commission has authority to adopt rules

  2  pursuant to ss. 120.536(1) and 120.54 to implement provisions

  3  of law conferring duties upon it.

  4         (12)  Orders of the commission relating to unemployment

  5  compensation under chapter 443 shall be subject to review only

  6  by notice of appeal to the district courts of appeal in the

  7  manner provided in s. 443.151(4)(e).

  8         Section 11.  Section 627.212, Florida Statutes, is

  9  amended to read:

10         627.212  Workplace safety program surcharge.--The

11  department shall approve a rating plan for workers'

12  compensation coverage insurance that provides for carriers

13  voluntarily to impose a surcharge of no more than 10 percent

14  on the premium of a policyholder or fund member if that

15  policyholder or fund member has been identified by the

16  Division of Safety of the Department of Labor and Employment

17  Security as having been required to implement a safety program

18  and having failed to establish or maintain, either in whole or

19  in part, a safety program. The division shall adopt rules

20  prescribing the criteria for the employee safety programs.

21         Section 12.  Paragraphs (b) and (c) of subsection (4)

22  of section 627.311, Florida Statutes, 1998 Supplement, are

23  amended to read:

24         627.311  Joint underwriters and joint reinsurers.--

25         (4)

26         (b)  The operation of the plan is subject to the

27  supervision of a 13-member board of governors. The board of

28  governors shall be comprised of:

29         1.  Five of the 20 domestic insurers, as defined in s.

30  624.06(1), having the largest voluntary direct premiums

31  written in this state for workers' compensation and employer's

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  1  liability insurance, which shall be elected by those 20

  2  domestic insurers;

  3         2.  Five of the 20 foreign insurers as defined in s.

  4  624.06(2) having the largest voluntary direct premiums written

  5  in this state for workers' compensation and employer's

  6  liability insurance, which shall be elected by those 20

  7  foreign insurers;

  8         3.  One person, who shall serve as the chair, appointed

  9  by the Insurance Commissioner;

10         4.  One person appointed by the largest property and

11  casualty insurance agents' association in this state; and

12         5.  The consumer advocate appointed under s. 627.0613

13  or the consumer advocate's designee.

14

15  Each board member shall serve 4-year terms and may serve

16  consecutive terms. No board member shall be an insurer which

17  provides service to the plan or which has an affiliate which

18  provides services to the plan or which is serviced by a

19  service company or third-party administrator which provides

20  services to the plan or which has an affiliate which provides

21  services to the plan. The minutes, audits, and procedures of

22  the board of governors are subject to chapter 119.

23         (c)  The operation of the plan shall be governed by a

24  plan of operation that is prepared at the direction of the

25  board of governors. The plan of operation may be changed at

26  any time by the board of governors or upon request of the

27  department. The plan of operation and all changes thereto are

28  subject to the approval of the department. The plan of

29  operation shall:

30

31

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  1         1.  Authorize the board to engage in the activities

  2  necessary to implement this subsection, including, but not

  3  limited to, borrowing money.

  4         2.  Develop criteria for eligibility for coverage by

  5  the plan, including, but not limited to, documented rejection

  6  by at least two insurers which reasonably assures that

  7  insureds covered under the plan are unable to acquire coverage

  8  in the voluntary market. Any insured may voluntarily elect to

  9  accept coverage from an insurer for a premium equal to or

10  greater than the plan premium if the insurer writing the

11  coverage adheres to the provisions of s. 627.171.

12         3.  Require notice from the agent to the insured at the

13  time of the application for coverage that the application is

14  for coverage with the plan and that coverage may be available

15  through an insurer, group self-insurers' fund, commercial

16  self-insurance fund, or assessable mutual insurer through

17  another agent at a lower cost.

18         4.  Establish programs to encourage insurers to provide

19  coverage to applicants of the plan in the voluntary market and

20  to insureds of the plan, including, but not limited to:

21         a.  Establishing procedures for an insurer to use in

22  notifying the plan of the insurer's desire to provide coverage

23  to applicants to the plan or existing insureds of the plan and

24  in describing the types of risks in which the insurer is

25  interested. The description of the desired risks must be on a

26  form developed by the plan.

27         b.  Developing forms and procedures that provide an

28  insurer with the information necessary to determine whether

29  the insurer wants to write particular applicants to the plan

30  or insureds of the plan.

31

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  1         c.  Developing procedures for notice to the plan and

  2  the applicant to the plan or insured of the plan that an

  3  insurer will insure the applicant or the insured of the plan,

  4  and notice of the cost of the coverage offered; and developing

  5  procedures for the selection of an insuring entity by the

  6  applicant or insured of the plan.

  7         d.  Provide for a market-assistance plan to assist in

  8  the placement of employers. All applications for coverage in

  9  the plan received 45 days before the effective date for

10  coverage shall be processed through the market-assistance

11  plan. A market-assistance plan specifically designed to serve

12  the needs of small good policyholders as defined by the board

13  must be finalized by January 1, 1994.

14         5.  Provide for policy and claims services to the

15  insureds of the plan of the nature and quality provided for

16  insureds in the voluntary market.

17         6.  Provide for the review of applications for coverage

18  with the plan for reasonableness and accuracy, using any

19  available historic information regarding the insured.

20         7.  Provide for procedures for auditing insureds of the

21  plan which are based on reasonable business judgment and are

22  designed to maximize the likelihood that the plan will collect

23  the appropriate premiums.

24         8.  Authorize the plan to terminate the coverage of and

25  refuse future coverage for any insured that submits a

26  fraudulent application to the plan or provides fraudulent or

27  grossly erroneous records to the plan or to any service

28  provider of the plan in conjunction with the activities of the

29  plan.

30         9.  Establish service standards for agents who submit

31  business to the plan.

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  1         10.  Establish criteria and procedures to prohibit any

  2  agent who does not adhere to the established service standards

  3  from placing business with the plan or receiving, directly or

  4  indirectly, any commissions for business placed with the plan.

  5         11.  Provide for the establishment of reasonable safety

  6  programs for all insureds in the plan. At the direction of the

  7  board, the Division of Safety shall provide inspection to

  8  insureds and applicants for coverage in the plan identified as

  9  high-risk insureds by the board or its designee.

10         12.  Authorize the plan to terminate the coverage of

11  and refuse future coverage to any insured who fails to pay

12  premiums or surcharges when due; who, at the time of

13  application, is delinquent in payments of workers'

14  compensation or employer's liability insurance premiums or

15  surcharges owed to an insurer, group self-insurers' fund,

16  commercial self-insurance fund, or assessable mutual insurer

17  licensed to write such coverage in this state; or who refuses

18  to substantially comply with any safety programs recommended

19  by the plan.

20         13.  Authorize the board of governors to provide the

21  services required by the plan through staff employed by the

22  plan, through reasonably compensated service providers who

23  contract with the plan to provide services as specified by the

24  board of governors, or through a combination of employees and

25  service providers.

26         14.  Provide for service standards for service

27  providers, methods of determining adherence to those service

28  standards, incentives and disincentives for service, and

29  procedures for terminating contracts for service providers

30  that fail to adhere to service standards.

31

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  1         15.  Provide procedures for selecting service providers

  2  and standards for qualification as a service provider that

  3  reasonably assure that any service provider selected will

  4  continue to operate as an ongoing concern and is capable of

  5  providing the specified services in the manner required.

  6         16.  Provide for reasonable accounting and

  7  data-reporting practices.

  8         17.  Provide for annual review of costs associated with

  9  the administration and servicing of the policies issued by the

10  plan to determine alternatives by which costs can be reduced.

11         18.  Authorize the acquisition of such excess insurance

12  or reinsurance as is consistent with the purposes of the plan.

13         19.  Provide for an annual report to the department on

14  a date specified by the department and containing such

15  information as the department reasonably requires.

16         20.  Establish multiple rating plans for various

17  classifications of risk which reflect risk of loss, hazard

18  grade, actual losses, size of premium, and compliance with

19  loss control. At least one of such plans must be a

20  preferred-rating plan to accommodate small-premium

21  policyholders with good experience as defined in

22  sub-subparagraph 22.a.

23         21.  Establish agent commission schedules.

24         22.  Establish three subplans as follows:

25         a.  Subplan "A" must include those insureds whose

26  annual premium does not exceed $2,500 and who have neither

27  incurred any lost-time claims nor incurred medical-only claims

28  exceeding 50 percent of their premium for the immediate 2

29  years.

30         b.  Subplan "B" must include insureds that are

31  employers identified by the board of governors as high-risk

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  1  employers due solely to the nature of the operations being

  2  performed by those insureds and for whom no market exists in

  3  the voluntary market, and whose experience modifications are

  4  less than 1.00.

  5         c.  Subplan "C" must include all other insureds within

  6  the plan.

  7         Section 13.  Chapter 442, Florida Statutes, consisting

  8  of ss. 442.001, 442.002, 442.003, 442.004, 442.005, 442.006,

  9  442.007, 442.008, 442.009, 442.1015, 442.011, 442.012,

10  442.013, 442.014, 442.015, 442.016, 442.017, 442.018, 442.019,

11  442.020, 442.021, 442.022, 442.023, 442.101, 442.102, 442.103,

12  442.104, 442.105, 442.106, 442.107, 442.108, 442.109, 442.111,

13  442.112, 442.113, 442.115, 442.116, 442.118, 442.1185,

14  442.119, 442.121, 442.123, 442.125, 442.126, 442.127, 442.20,

15  and 442.21 is repealed July 1, 2000. The Department of Labor

16  and Employment Security shall submit to the Governor and the

17  Legislature by January 1, 2000, a report on a proposed

18  reauthorization of the Division of Safety and the provisions

19  of chapter 442, Florida Statutes, based upon the following

20  criteria:

21         (1)  External requirements mandating that the State of

22  Florida provide a state agency for employment safety issues;

23         (2)  Internal organizational requirements that

24  necessitate a state agency for safety issues and a review of

25  state agency practices for the provision of existing

26  safety-related activities.

27         (3)  A compilation of best practices among public and

28  private employers which achieve safety results without the

29  creation of a governmental regulatory apparatus.

30         (4)  The appropriateness of a management-by-exception

31  system in which the division functions as a contract

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  1  performance auditor for the development of internal risk and

  2  safety management issues among employers.

  3         Section 14.  The department shall provide a report to

  4  the Governor and Legislature by January 1, 2000, on

  5  organizational improvements to the delivery of vocational

  6  rehabilitation programs for residents of the state. The report

  7  must examine:

  8         (1)  The development of model performance contracting

  9  and payment systems which reward quality outcomes.

10         (2)  The development of complete cost-recovery systems

11  that effectively allocate accountability for case-management

12  costs on the basis of standardized reporting units.

13         (3)  A reconfiguration of additional internal reporting

14  relationships and responsibilities which minimizes central

15  administrative costs and hierarchical levels of approval.

16         (4)  Training and staff-development improvements that

17  permit agency employees to function as quality managers for

18  the evaluation of direct-service providers.

19         (5)  Required changes to maintain single state agency

20  recognition by federal grant-in-aid agencies while providing

21  for flexible and adaptable performance-based delivery systems.

22         (6)  Reimbursement and management systems that direct

23  funds toward program recipients and away from administration

24  and management.

25         Section 15.  The brain and spinal cord injury program

26  established in sections 400.805 and 413.48, Florida Statutes,

27  is transferred by a type two transfer, as defined in section

28  20.06, Florida Statutes, to the Department of Health.

29         Section 16.  Section 400.805, Florida Statutes, 1998

30  Supplement, is amended to read:

31         400.805  Transitional living facilities.--

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  1         (1)  As used in this section, the term:

  2         (a)  "Agency" means the Agency for Health Care

  3  Administration.

  4         (b)  "Department" "Division" means the Department of

  5  Health Division of Vocational Rehabilitation of the Department

  6  of Labor and Employment Security.

  7         (c)  "Transitional living facility" means a site where

  8  specialized health care services are provided, including, but

  9  not limited to, rehabilitative services, community reentry

10  training, aids for independent living, and counseling to

11  spinal-cord-injured persons and head-injured persons.  This

12  term does not include a hospital licensed under chapter 395 or

13  any federally operated hospital or facility.

14         (2)(a)  A person must obtain a license from the agency

15  to operate a transitional living facility.  A license issued

16  under this section is valid for 1 year.

17         (b)  The application for a license must be made on a

18  form provided by the agency.  A nonrefundable license fee of

19  $2,000 and a fee of up to $39.25 per bed must be submitted

20  with the license application.

21         (c)  The agency may not issue a license to an applicant

22  until the agency receives notice from the department division

23  as provided in paragraph (5)(b).

24         (3)  Each applicant for licensure must comply with the

25  following requirements:

26         (a)  Upon receipt of a completed, signed, and dated

27  application, the agency shall require background screening, in

28  accordance with the level 2 standards for screening set forth

29  in chapter 435, of the managing employee, or other similarly

30  titled individual who is responsible for the daily operation

31  of the facility, and of the financial officer, or other

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  1  similarly titled individual who is responsible for the

  2  financial operation of the facility, including billings for

  3  client care and services. The applicant must comply with the

  4  procedures for level 2 background screening as set forth in

  5  chapter 435.

  6         (b)  The agency may require background screening of any

  7  other individual who is an applicant if the agency has

  8  probable cause to believe that he or she has been convicted of

  9  a crime or has committed any other offense prohibited under

10  the level 2 standards for screening set forth in chapter 435.

11         (c)  Proof of compliance with the level 2 background

12  screening requirements of chapter 435 which has been submitted

13  within the previous 5 years in compliance with any other

14  health care or assisted living licensure requirements of this

15  state is acceptable in fulfillment of the requirements of

16  paragraph (a).

17         (d)  A provisional license may be granted to an

18  applicant when each individual required by this section to

19  undergo background screening has met the standards for the

20  abuse registry background check and the Department of Law

21  Enforcement background check, but the agency has not yet

22  received background screening results from the Federal Bureau

23  of Investigation, or a request for a disqualification

24  exemption has been submitted to the agency as set forth in

25  chapter 435, but a response has not yet been issued. A

26  standard license may be granted to the applicant upon the

27  agency's receipt of a report of the results of the Federal

28  Bureau of Investigation background screening for each

29  individual required by this section to undergo background

30  screening which confirms that all standards have been met, or

31  upon the granting of a disqualification exemption by the

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  1  agency as set forth in chapter 435. Any other person who is

  2  required to undergo level 2 background screening may serve in

  3  his or her capacity pending the agency's receipt of the report

  4  from the Federal Bureau of Investigation. However, the person

  5  may not continue to serve if the report indicates any

  6  violation of background screening standards and a

  7  disqualification exemption has not been requested of and

  8  granted by the agency as set forth in chapter 435.

  9         (e)  Each applicant must submit to the agency, with its

10  application, a description and explanation of any exclusions,

11  permanent suspensions, or terminations of the applicant from

12  the Medicare or Medicaid programs. Proof of compliance with

13  the requirements for disclosure of ownership and control

14  interests under the Medicaid or Medicare programs may be

15  accepted in lieu of this submission.

16         (f)  Each applicant must submit to the agency a

17  description and explanation of any conviction of an offense

18  prohibited under the level 2 standards of chapter 435 by a

19  member of the board of directors of the applicant, its

20  officers, or any individual owning 5 percent or more of the

21  applicant. This requirement does not apply to a director of a

22  not-for-profit corporation or organization if the director

23  serves solely in a voluntary capacity for the corporation or

24  organization, does not regularly take part in the day-to-day

25  operational decisions of the corporation or organization,

26  receives no remuneration for his or her services on the

27  corporation or organization's board of directors, and has no

28  financial interest and has no family members with a financial

29  interest in the corporation or organization, provided that the

30  director and the not-for-profit corporation or organization

31  include in the application a statement affirming that the

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  1  director's relationship to the corporation satisfies the

  2  requirements of this paragraph.

  3         (g)  A license may not be granted to an applicant if

  4  the applicant or managing employee has been found guilty of,

  5  regardless of adjudication, or has entered a plea of nolo

  6  contendere or guilty to, any offense prohibited under the

  7  level 2 standards for screening set forth in chapter 435,

  8  unless an exemption from disqualification has been granted by

  9  the agency as set forth in chapter 435.

10         (h)  The agency may deny or revoke licensure if the

11  applicant:

12         1.  Has falsely represented a material fact in the

13  application required by paragraph (e) or paragraph (f), or has

14  omitted any material fact from the application required by

15  paragraph (e) or paragraph (f); or

16         2.  Has had prior action taken against the applicant

17  under the Medicaid or Medicare program as set forth in

18  paragraph (e).

19         (i)  An application for license renewal must contain

20  the information required under paragraphs (e) and (f).

21         (4)  An application for renewal of license must be

22  submitted 90 days before the expiration of the license.  Upon

23  renewal of licensure, each applicant must submit to the

24  agency, under penalty of perjury, an affidavit as set forth in

25  paragraph (3)(d).

26         (5)  A change of ownership or control of a transitional

27  living facility must be reported to the agency in writing at

28  least 60 days before the change is scheduled to take effect.

29         (6)(a)  The agency shall adopt rules in consultation

30  with the department division governing the physical plant of

31

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  1  transitional living facilities and the fiscal management of

  2  transitional living facilities.

  3         (b)  The department division shall adopt rules in

  4  consultation with the agency governing the services provided

  5  to clients of transitional living facilities. The department

  6  division shall enforce all requirements for providing services

  7  to the facility's clients.  The department division must

  8  notify the agency when it determines that an applicant for

  9  licensure meets the service requirements adopted by the

10  division.

11         (c)  The agency and the department division shall

12  enforce requirements under this section, as such requirements

13  relate to them respectively, and their respective adopted

14  rules.

15         (7)(a)  It is unlawful for any person to establish,

16  conduct, manage, or operate a transitional living facility

17  without obtaining a license from the agency.

18         (b)  It is unlawful for any person to offer or

19  advertise to the public, in any medium whatever, services or

20  care defined in paragraph (1)(c) without obtaining a license

21  from the agency.

22         (c)  It is unlawful for a holder of a license issued

23  under this section to advertise or represent to the public

24  that it holds a license for a type of facility other than the

25  facility for which its license is issued.

26         (8)  Any designated officer or employee of the agency,

27  of the state, or of the local fire marshal may enter

28  unannounced upon and into the premises of any facility

29  licensed under this section in order to determine the state of

30  compliance with this section and the rules or standards in

31  force under this section. The right of entry and inspection

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  1  also extends to any premises that the agency has reason to

  2  believe are being operated or maintained as a facility without

  3  a license; but such an entry or inspection may not be made

  4  without the permission of the owner or person in charge of the

  5  facility unless a warrant that authorizes the entry is first

  6  obtained from the circuit court. The warrant requirement

  7  extends only to a facility that the agency has reason to

  8  believe is being operated or maintained as a facility without

  9  a license. An application for a license or renewal thereof

10  which is made under this section constitutes permission for,

11  and acquiescence in, any entry or inspection of the premises

12  for which the license is sought, in order to facilitate

13  verification of the information submitted on or in connection

14  with the application; to discover, investigate, and determine

15  the existence of abuse or neglect; or to elicit, receive,

16  respond to, and resolve complaints. A current valid license

17  constitutes unconditional permission for, and acquiescence in,

18  any entry or inspection of the premises by authorized

19  personnel. The agency retains the right of entry and

20  inspection of facilities that have had a license revoked or

21  suspended within the previous 24 months, to ensure that the

22  facility is not operating unlawfully. However, before the

23  facility is entered, a statement of probable cause must be

24  filed with the director of the agency, who must approve or

25  disapprove the action within 48 hours. Probable cause

26  includes, but is not limited to, evidence that the facility

27  holds itself out to the public as a provider of personal

28  assistance services, or the receipt by the advisory council on

29  brain and spinal cord injuries of a complaint about the

30  facility.

31

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  1         (9)  The agency may institute injunctive proceedings in

  2  a court of competent jurisdiction for temporary or permanent

  3  relief to:

  4         (a)  Enforce this section or any minimum standard,

  5  rule, or order issued pursuant thereto if the agency's effort

  6  to correct a violation through administrative fines has failed

  7  or when the violation materially affects the health, safety,

  8  or welfare of residents; or

  9         (b)  Terminate the operation of a facility if a

10  violation of this section or of any standard or rule adopted

11  pursuant thereto exists which materially affects the health,

12  safety, or welfare of residents.

13

14  The Legislature recognizes that, in some instances, action is

15  necessary to protect residents of facilities from immediately

16  life-threatening situations. If it appears by competent

17  evidence or a sworn, substantiated affidavit that a temporary

18  injunction should issue, the court, pending the determination

19  on final hearing, shall enjoin operation of the facility.

20         (10)  The agency may impose an immediate moratorium on

21  admissions to a facility when the agency determines that any

22  condition in the facility presents a threat to the health,

23  safety, or welfare of the residents in the facility. If a

24  facility's license is denied, revoked, or suspended, the

25  facility may be subject to the immediate imposition of a

26  moratorium on admissions to run concurrently with licensure

27  denial, revocation, or suspension.

28         (11)(a)  A violation of any provision of this section

29  or rules adopted by the agency or department division under

30  this section is punishable by payment of an administrative or

31  a civil penalty fine not to exceed $5,000.

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  1         (b)  A violation of subsection (7) or rules adopted

  2  under that subsection is a misdemeanor of the first degree,

  3  punishable as provided in s. 775.082 or s. 775.083.  Each day

  4  of a continuing violation is a separate offense.

  5         Section 17.  Section 413.465, Florida Statutes, is

  6  transferred and renumbered as section 381.73, Florida

  7  Statutes, and amended to read:

  8         381.73413.465  Short title.--Sections 381.73-381.79

  9  413.465-413.74 may be cited as the "Charlie Mack Overstreet

10  Brain or Spinal Cord Injuries Act."

11         Section 18.  Section 413.48, Florida Statutes, is

12  transferred and renumbered as section 381.74, Florida

13  Statutes, and amended to read:

14         381.74413.48  Establishment and maintenance of a

15  central registry.--The department division shall establish and

16  maintain a central registry of persons who have

17  moderate-to-severe brain or spinal cord injuries.

18         (1)  Every public health agency, private health agency,

19  public social agency, private social agency, and attending

20  physician shall report to the division within 5 days after

21  identification or diagnosis of any person who has a

22  moderate-to-severe brain or spinal cord injury. The consent of

23  such person shall not be required.

24         (2)  The report shall contain the name, age, residence,

25  and type of disability of the individual and such additional

26  information as may be deemed necessary by the department

27  division.

28         Section 19.  Section 413.49, Florida Statutes, 1998

29  Supplement, is transferred and renumbered as section 381.75,

30  Florida Statutes, and amended to read:

31

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  1         381.75413.49  Duties and responsibilities of the

  2  division, of transitional living facilities, and of

  3  residents.--Consistent with the mandate of s. 413.46, the

  4  department division shall develop and administer a multilevel

  5  treatment program for persons who have brain or spinal cord

  6  injuries and who are referred to the brain and spinal cord

  7  injury program.

  8         (1)  Within 15 days after any report of a person who

  9  has a brain or spinal cord injury, the department division

10  shall notify the individual or the most immediate available

11  family members of their right to assistance from the state,

12  the services available, and the eligibility requirements.

13         (2)  The department division shall refer persons who

14  have brain or spinal cord injuries to other state agencies to

15  assure that rehabilitative services, if desired, are obtained

16  by that person.

17         (3)  The department division, in consultation with

18  emergency medical service, shall develop standards for an

19  emergency medical evacuation system that will ensure that all

20  persons who sustain traumatic brain or spinal cord injuries

21  are transported to a department-approved division-approved

22  trauma center that meets the standards and criteria

23  established by the emergency medical service and the

24  acute-care standards of the brain and spinal cord injury

25  program.

26         (4)  The department division shall develop standards

27  for designation of rehabilitation centers to provide

28  rehabilitation services for persons who have brain or spinal

29  cord injuries.

30         (5)  The department division shall determine the

31  appropriate number of designated acute-care facilities,

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  1  inpatient rehabilitation centers, and outpatient

  2  rehabilitation centers, needed based on incidence, volume of

  3  admissions, and other appropriate criteria.

  4         (6)  The department division shall develop standards

  5  for designation of transitional living facilities to provide

  6  individuals the opportunity to adjust to their disabilities

  7  and to develop physical and functional skills in a supported

  8  living environment.

  9         (a)  The Agency for Health Care Administration, in

10  consultation with the department division, shall develop rules

11  for the licensure of transitional living facilities for

12  persons who have brain or spinal cord injuries.

13         (b)  The goal of a transitional living program for

14  persons who have brain or spinal cord injuries is to assist

15  each person who has such a disability to achieve a higher

16  level of independent functioning and to enable that person to

17  reenter the community. The program shall be focused on

18  preparing participants to return to community living.

19         (c)  A transitional living facility for a person who

20  has a brain or spinal cord injury shall provide to such

21  person, in a residential setting, a goal-oriented treatment

22  program designed to improve the person's physical, cognitive,

23  communicative, behavioral, psychological, and social

24  functioning, as well as to provide necessary support and

25  supervision. A transitional living facility shall offer at

26  least the following therapies: physical, occupational, speech,

27  neuropsychology, independent living skills training, behavior

28  analysis for programs serving brain-injured persons, health

29  education, and recreation.

30         (d)  All residents shall use the transitional living

31  facility as a temporary measure and not as a permanent home or

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  1  domicile. The transitional living facility shall develop an

  2  initial treatment plan for each resident within 3 days after

  3  the resident's admission. The transitional living facility

  4  shall develop a comprehensive plan of treatment and a

  5  discharge plan for each resident as soon as practical, but no

  6  later than 30 days after the resident's admission. Each

  7  comprehensive treatment plan and discharge plan must be

  8  reviewed and updated as necessary, but no less often than

  9  quarterly. This subsection does not require the discharge of

10  an individual who continues to require any of the specialized

11  services described in paragraph (c) or who is making

12  measurable progress in accordance with that individual's

13  comprehensive treatment plan. The transitional living facility

14  shall discharge any individual who has an appropriate

15  discharge site and who has achieved the goals of his or her

16  discharge plan or who is no longer making progress toward the

17  goals established in the comprehensive treatment plan and the

18  discharge plan. The discharge location must be the least

19  restrictive environment in which an individual's health,

20  well-being, and safety is preserved.

21         (7)  Recipients of services, under this section, from

22  any of the facilities referred to in this section shall pay a

23  fee based on ability to pay.

24         Section 20.  Section 413.507, Florida Statutes, is

25  transferred and renumbered as section 381.76, Florida

26  Statutes, and amended to read:

27         381.76413.507  Eligibility for the brain and spinal

28  cord injury program.--

29         (1)  An individual shall be accepted as eligible for

30  the brain and spinal cord injury program following

31  certification by the department division that the individual:

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  1         (a)  Has been referred to the central registry pursuant

  2  to s. 413.48.

  3         (b)  Is a legal resident of this state at the time of

  4  application for services.

  5         (c)  Has suffered a traumatic injury as defined in s.

  6  413.20.

  7         (d)  Is medically stable as defined by rules of the

  8  department division.

  9         (e)  Is reasonably expected to achieve reintegration

10  into the community through rehabilitative services.

11         (2)  In the event the department division is unable to

12  provide services to all eligible individuals, the department

13  division may establish an order of selection.

14         Section 21.  Section 413.604, Florida Statutes, is

15  transferred and renumbered as section 381.77, Florida

16  Statutes, and amended to read:

17         381.77413.604  Nursing home residents, age 55 and

18  under; annual survey.--The department division shall conduct

19  an annual survey of nursing homes in the state to determine

20  the number of persons 55 years of age and under who reside in

21  such homes due to brain or spinal cord injuries. All persons

22  identified in such a survey shall be evaluated as to their

23  rehabilitation potential, and any person who may benefit from

24  rehabilitation shall be given an opportunity to participate in

25  an appropriate rehabilitation program for which she or he may

26  be eligible.

27         Section 22.  Section 413.605, Florida Statutes, 1998

28  Supplement, is transferred and renumbered as section 381.78,

29  Florida Statutes, and amended to read:

30         381.78413.605  Advisory council on brain and spinal

31  cord injuries.--

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  1         (1)  There is created within the department a 16-member

  2  advisory council on brain and spinal cord injuries. The

  3  council shall be composed of a minimum of four persons who

  4  have brain injuries or are family members of persons who have

  5  brain injuries, a minimum of four persons who have spinal cord

  6  injuries or are family members of persons who have spinal cord

  7  injuries, and a minimum of two persons who represent the

  8  special needs of children who have brain or spinal cord

  9  injuries. The balance of the council members shall be

10  physicians, other allied health professionals, administrators

11  of brain and spinal cord injury programs, and representatives

12  from support groups that have expertise in areas related to

13  the rehabilitation of persons who have brain or spinal cord

14  injuries.

15         (2)  Members of the council shall be appointed to serve

16  by the secretary. An individual may not serve more than two

17  terms.

18         (a)  Eight members of the first appointed council shall

19  serve an initial term of 2 years. This group shall include two

20  persons who have brain injuries or are family members of

21  persons who have brain injuries, two persons who have spinal

22  cord injuries or are family members of persons who have spinal

23  cord injuries, and four other persons from the previous

24  council.

25         (b)  The remaining members of the first appointed

26  council shall serve an initial term of 4 years. Thereafter all

27  members' terms shall be for 4 years.

28         (c)  Any council member who is unwilling or unable to

29  properly fulfill the duties of the office shall be succeeded

30  by a person chosen by the secretary to serve out the unexpired

31  balance of the replaced council member's term. If the

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  1  unexpired balance of the replaced council member's term is

  2  less than 18 months, then, notwithstanding the provisions of

  3  this subsection, the succeeding council member may be

  4  reappointed by the secretary twice.

  5         (3)  The council shall meet at least two times

  6  annually.

  7         (4)  The council shall:

  8         (a)  Provide advice and expertise to the division in

  9  the preparation, implementation, and periodic review of the

10  brain and spinal cord injury program as referenced in s.

11  413.49.

12         (b)  Annually appoint a five-member committee composed

13  of one person who has a brain injury or has a family member

14  with a brain injury, one person who has a spinal cord injury

15  or has a family member with a spinal cord injury, and three

16  members who shall be chosen from among these representative

17  groups: physicians, other allied health professionals,

18  administrators of brain and spinal cord injury programs, and

19  representatives from support groups with expertise in areas

20  related to the rehabilitation of persons who have brain or

21  spinal cord injuries, except that one and only one member of

22  the committee shall be an administrator of a transitional

23  living facility. Membership on the council is not a

24  prerequisite for membership on this committee.

25         1.  The committee shall perform onsite visits to those

26  transitional living facilities identified by the Agency for

27  Health Care Administration as being in possible violation of

28  the statutes and rules regulating such facilities. The

29  committee members have the same rights of entry and inspection

30  granted under s. 400.805(7) to designated representatives of

31  the agency.

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  1         2.  Factual findings of the committee resulting from an

  2  onsite investigation of a facility pursuant to subparagraph 1.

  3  shall be adopted by the agency in developing its

  4  administrative response regarding enforcement of statutes and

  5  rules regulating the operation of the facility.

  6         3.  Onsite investigations by the committee shall be

  7  funded by the Health Care Trust Fund.

  8         4.  Travel expenses for committee members shall be

  9  reimbursed in accordance with s. 112.061. Members of the

10  committee shall recuse themselves from participating in any

11  investigation that would create a conflict of interest under

12  state law, and the council shall replace the member, either

13  temporarily or permanently.

14         (5)  The membership of the council shall be appointed

15  not later than August 1, 1994.

16         Section 23.  Section 413.613, Florida Statutes, is

17  transferred and renumbered as section 381.79, Florida

18  Statutes, and amended to read:

19         381.79413.613  Brain and Spinal Cord Injury

20  Rehabilitation Trust Fund.--

21         (1)  There is created in the State Treasury the Brain

22  and Spinal Cord Injury Rehabilitation Trust Fund. Moneys in

23  the fund shall be appropriated to the department division for

24  the purpose of providing the cost of care for brain or spinal

25  cord injuries as a payor of last resort to residents of this

26  state, for multilevel programs of care established pursuant to

27  s. 413.49.

28         (a)  Authorization of expenditures for brain or spinal

29  cord injury care shall be made only by the department

30  division.

31

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  1         (b)  Authorized expenditures include acute care,

  2  rehabilitation, transitional living, equipment, and supplies

  3  necessary for activities of daily living, public information,

  4  prevention, education, and research.

  5         (2)  The department division shall issue a report to

  6  the President of the Senate and the Speaker of the House of

  7  Representatives by March 1 of each year, summarizing the

  8  activities supported by the trust fund.

  9         (3)  Annually, 5 percent of the revenues deposited

10  monthly in the fund pursuant to s. 318.21(2)(d) shall be

11  appropriated to the University of Florida and 5 percent to the

12  University of Miami for spinal cord injury and brain injury

13  research. The amount to be distributed to the universities

14  shall be calculated based on the deposits into the fund for

15  each quarter in the fiscal year, but may not exceed $500,000

16  per university per year. Funds distributed under this

17  subsection shall be made in quarterly payments at the end of

18  each quarter during the fiscal year.

19         (4)  The Board of Regents shall establish a program

20  review process and may allocate up to $10,000 of such funds

21  for an overall program review which would include: a

22  prospective program plan with goals, research design and

23  proposed outcomes, and an annual report of research activities

24  and findings. Prospective program plans shall be submitted to

25  the Board of Regents, and funds shall be released upon

26  acceptance of the proposed program plans. The annual report of

27  research activities and findings shall be submitted to the

28  Board of Regents, with the executive summaries submitted to

29  the President of the Senate, the Speaker of the House of

30  Representatives, and the secretary of the Department of Health

31  Labor and Employment Security.

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  1         Section 24.  The Division of Vocational Rehabilitation

  2  will enter into local public-private partnerships to the

  3  extent that it is beneficial to increasing employment outcomes

  4  for persons with disabilities and ensuring their full

  5  involvement in the comprehensive workforce investment system.

  6         Section 25.  This act shall take effect July 1, 1999.

  7

  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                              SB 230

10

11  Reorganizes field offices to improve coordination among
    services that are provided.
12
    Clarifies that local offices that provide services may
13  continue and provides that the five field offices supervise
    the local offices within their regions.
14
    Reorganizes provisions outlining duties and functions of
15  assistant secretaries.

16  Clarifies lines of managerial authority.

17  Changes name of Division of Jobs and Benefits to Division of
    Workforce and Employment Opportunities.
18
    Restores the Division of Vocational Rehabilitation but
19  requires a study to be performed by January 1, 2000, on
    organizational and service-delivery improvements.
20
    Limits authority of Division of Safety to private-sector
21  employers.

22  Repeals Division of Safety and statutory provisions related
    thereto on July 1, 2000.
23
    Moves the brain and spinal cord injury program to the
24  Department of Health.

25  Moves statutes relating to Unemployment Appeals Commission in
    ch. 20, F.S., to ch. 443, F.S.
26

27

28

29

30

31

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