Senate Bill 0230e2

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    CS for CS for SB 230                          Second Engrossed



  1                      A bill to be entitled

  2         An act relating to governmental reorganization;

  3         amending s. 20.15, F.S.; clarifying duties of

  4         the Deputy Commissioner for Educational

  5         Programs; creating the position of Deputy

  6         Commissioner for Technology and Administration

  7         and providing powers, duties, responsibilities,

  8         and functions; creating the Division of

  9         Technology; authorizing the Commissioner of

10         Education to reorganize portions of the

11         Department of Education; providing limitations;

12         providing for future repeal; amending s.

13         20.171, F.S.; creating s. 443.1716, F.S.;

14         requiring the Department of Labor and

15         Employment Security to contract with

16         consumer-reporting agencies to provide

17         creditors with secured electronic access to

18         employer-provided information relating to the

19         quarterly wages reports; providing conditions;

20         requiring consent from the credit applicant;

21         prescribing information that must be included

22         in the written consent; providing for

23         confidentiality; limiting use of the

24         information released; providing for termination

25         of contracts under certain circumstances;

26         defining the term "creditor"; requiring the

27         department to establish minimum audit,

28         security, net worth, and liability insurance

29         standards and other requirements it considers

30         necessary; providing that any revenues

31         generated from a contract with a consumer


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    CS for CS for SB 230                          Second Engrossed



  1         reporting agency must be used to pay the entire

  2         cost of providing access to the information;

  3         providing that any additional revenues

  4         generated must be paid into the department's

  5         trust fund for the administration of the

  6         unemployment compensation system; providing

  7         restrictions on the release of information

  8         under the act; defining the term

  9         "consumer-reporting" agency; amending s.

10         20.171, F.S.; providing that the department

11         shall operate its programs in a decentralized

12         fashion; providing for the appointment of

13         assistant secretaries; providing for the powers

14         and duties of such secretaries; providing for

15         the creation of field offices; amending s.

16         110.205, F.S.; providing that certain employees

17         of the department shall be in the Senior

18         Management Service; providing that certain

19         actions contemplated by the act shall be done

20         within the available resources of the

21         department; amending ss. 393.11, 410.0245,

22         627.212, 627.311, F.S., to conform; amending s.

23         442.006, F.S.; limiting the authority of the

24         division to the public sector; amending s.

25         442.008, F.S.; prescribing duties of the

26         division; amending s. 442.013, F.S.;

27         authorizing penalties for public-sector

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

29         authorizing the division to seek compliance in

30         circuit court against public-sector employers;

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


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    CS for CS for SB 230                          Second Engrossed



  1         Unemployment Appeals Commission; describing its

  2         duties; providing for the future repeal of ch.

  3         442, F.S.; requiring the department to provide

  4         a report relating to the Division of Safety;

  5         transferring the brain and spinal cord injury

  6         program and the Office of Disability

  7         Determinations to the Department of Health;

  8         amending s. 400.805, F.S., to conform;

  9         transferring, renumbering, and amending ss.

10         413.465, 413.48, 413.49, 413.507, 413.604,

11         413.605, 413.613, F.S. to conform to the

12         transfer of duties to the Department of Health;

13         requiring the Division of Vocational

14         Rehabilitation to enter into partnerships;

15         providing legislative intent; providing

16         definitions; creating the Occupational Access

17         and Opportunity Commission; providing for

18         membership; providing for appointment and

19         terms; providing for reimbursement; providing

20         for financial disclosure; providing powers and

21         duties; directing the commission to develop and

22         implement the federally required state

23         vocational rehabilitation plan and to fulfill

24         specified administrative functions; requiring

25         the commission to contract with an

26         administrative entity; providing for the

27         assignment of staff; providing for the

28         Occupational Access and Opportunity

29         Corporation; providing powers and duties;

30         providing for the use of property; providing

31         for a board of directors; providing for an


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    CS for CS for SB 230                          Second Engrossed



  1         annual audit; providing for an annual report of

  2         the Occupational Access and Opportunity

  3         Commission; authorizing the commission to

  4         prepare the state plan, serve as the governing

  5         authority, and receive federal funds; requiring

  6         the Division of Vocational Rehabilitation to

  7         comply with transitional directives of the plan

  8         and, under certain circumstances, to transfer

  9         its powers, duties, functions, property, and

10         funds to the commission; providing for quality

11         assurance; providing remedies for conflict with

12         federal law; designating the commission as the

13         official state agency; providing for review by

14         the Office of Program Policy Analysis and

15         Government Accountability; transferring the

16         Division of Blind Services to the Department of

17         Education; repealing s. 440.05(8)(a), F.S.,

18         relating to fees charged by the Division of

19         Workers' Compensation for nonconstruction

20         elections; authorizing the department to offer

21         voluntary reduction-in-force payment to certain

22         employees; requiring the plan to meet specified

23         criteria; requiring legislative review;

24         providing an appropriation; providing effective

25         dates.

26

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

28

29         Section 1.  Section 443.1716, Florida Statutes, is

30  created to read:

31


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    CS for CS for SB 230                          Second Engrossed



  1         443.1716  Authorized electronic access to employer

  2  information.--

  3         (1)  Notwithstanding any other provisions of this

  4  chapter, the Department of Labor and Employment Security shall

  5  contract with one or more consumer-reporting agencies to

  6  provide creditors with secured electronic access to

  7  employer-provided information relating to the quarterly wages

  8  report submitted in accordance with the state's unemployment

  9  compensation law. Such access is limited to the wage reports

10  for the preceding 16 calendar quarters.

11         (2)  Creditors must obtain written consent from the

12  credit applicant. Any such written consent from the credit

13  applicant must be signed and must include the following:

14         (a)  Specific notice that the individual's wage and

15  employment history information will be released to a

16  consumer-reporting agency;

17         (b)  Notice that such release is made for the sole

18  purpose of reviewing a specific application for credit made by

19  the individual;

20         (c)  Notice that the files of the Department of Labor

21  and Employment Security containing wage and employment history

22  information submitted by the individual or his or her

23  employers may be accessed; and

24         (d)  A listing of the parties authorized to receive the

25  released information.

26         (3)  Consumer-reporting agencies and creditors

27  accessing information under this section must safeguard the

28  confidentiality of such information and shall use the

29  information only to support a single consumer credit

30  transaction for the creditor to satisfy standard financial

31  underwriting requirements or other requirements imposed upon


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    CS for CS for SB 230                          Second Engrossed



  1  the creditor, and to satisfy the creditor's obligations under

  2  applicable state or federal Fair Credit Reporting laws and

  3  rules governing this section.

  4         (4)  Should any consumer-reporting agency or creditor

  5  violate any provision of this section, the Department of Labor

  6  and Employment Security shall, upon thirty days written notice

  7  to the consumer-reporting agency, terminate the contract

  8  established between the department and the consumer-reporting

  9  agency resulting from this section.

10         (5)  For purposes of this section, "creditor" has the

11  same meaning as set forth in the federal Fair Debt Collection

12  Practices Act, 15 U.S.C. s. 1692 et seq.

13         (6)  The Department of Labor and Employment Security

14  shall establish minimum audit, security, net-worth, and

15  liability-insurance standards, technical requirements, and any

16  other terms and conditions considered necessary in the

17  discretion of the state agency to safeguard the

18  confidentiality of the information released under this section

19  and to otherwise serve the public interest. The Department of

20  Labor and Employment Security shall also include, in

21  coordination with any necessary state agencies, necessary

22  audit procedures to ensure that these rules are followed.

23         (7)  In contracting with one or more consumer-reporting

24  agencies under this section, any revenues generated by such

25  contract must be used to pay the entire cost of providing

26  access to the information. Further, in accordance with federal

27  regulations, any additional revenues generated by the

28  department or the state under this section must be paid into

29  the department's trust fund for the administration of the

30  unemployment compensation system.

31


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    CS for CS for SB 230                          Second Engrossed



  1         (8)  The department may not provide wage and employment

  2  history information to any consumer-reporting agency before

  3  the consumer-reporting agency or agencies under contract with

  4  the department pay all development and other startup costs

  5  incurred by the state in connection with the design,

  6  installation, and administration of technological systems and

  7  procedures for the electronic-access program.

  8         (9)  The release of any information under this section

  9  must be for a purpose authorized by and in the manner

10  permitted by the United States Department of Labor and any

11  subsequent rules or regulations adopted by that department.

12         (10)  As used in this section, the term

13  "consumer-reporting agency" has the same meaning as that set

14  forth in the Federal Fair Credit Reporting Act, 15 U.S.C. s.

15  1681a.

16         Section 2.  Section 20.171, Florida Statutes, 1998

17  Supplement, is amended to read:

18         20.171  Department of Labor and Employment

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

20  Employment Security. The department shall operate its programs

21  in a decentralized fashion.

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

23  Security is the Secretary of Labor and Employment Security.

24  The secretary shall be appointed by the Governor subject to

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

26  pleasure of the Governor.

27         (2)(a)  There shall be two assistant secretaries who

28  are to be appointed by and shall serve at the pleasure of the

29  secretary.  The assistant secretaries shall be titled:

30  Assistant Secretary for Finance and Administration and

31  Assistant Secretary for Programs and Operations.  The


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    CS for CS for SB 230                          Second Engrossed



  1  secretary may assign either assistant secretary the

  2  responsibility to supervise, coordinate, and formulate policy

  3  for any division, office, or field office. The Office of

  4  General Counsel and the Office of Inspector General are

  5  established as special offices and shall be headed by

  6  managers, each of whom shall be appointed by and serve at the

  7  pleasure of the secretary.

  8         (b)  There shall be five field offices involved in the

  9  administration and management of the department's programs.

10  These field offices shall be responsible for the

11  administration and management of any local offices within

12  their jurisdiction.  The five field offices shall be headed by

13  managers, each of whom is to be appointed by and serve at the

14  pleasure of the secretary.

15         (c)  The managers of all divisions and offices

16  specifically named in this section and the directors of the

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

18  are included in the Senior Management Service in accordance

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

20  senior management positions at or above the division level,

21  except those established in chapter 110, may be created

22  without specific legislative authority.

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

24  Administration must possess a broad knowledge of the

25  administrative, financial, and technical aspects of a complete

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

27  management information systems.  The assistant secretary must

28  be a proven, effective manager with specialized skills in

29  financial planning and management.  The assistant secretary

30  shall ensure that financial information is processed in a

31  timely, accurate, and complete manner.


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    CS for CS for SB 230                          Second Engrossed



  1         (b)  The assistant secretary is responsible for

  2  developing, monitoring, and enforcing policy and managing

  3  major technical programs.  The responsibilities and duties of

  4  the position include, but are not limited to:

  5         1.  The following functional areas:

  6         a.  Financial planning and management.

  7         b.  Information systems.

  8         c.  Accounting systems.

  9         d.  Administrative functions.

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

11         a.  The preparation of detailed documentation of

12  internal controls, including, but not limited to, general and

13  application controls the department relies on for accurate and

14  complete financial information.

15         b.  The monthly reconciliation of the department's

16  accounting, planning and budgeting, cash forecasting, and

17  grants-in-aid program.

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

19  plan for the department which addresses the computing and

20  information requirements of the five field and central

21  offices.  Financial, personnel, and technical resources must

22  all be identified and quantified, as appropriate.

23         (c)  The Office of Administration, the Office of

24  Management and Budget, and the Office of Information Systems

25  are established and shall be headed by managers who are

26  supervised by and responsible to the assistant secretary.

27         (d)1.  The secretary shall appoint a comptroller who

28  shall be responsible to the assistant secretary.  This

29  position is exempt from part II of chapter 110.

30         2.  The comptroller is the chief financial officer of

31  the department and shall be a proven, effective administrator


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    CS for CS for SB 230                          Second Engrossed



  1  who, by a combination of education and experience, clearly

  2  possesses a broad knowledge of the administrative, financial,

  3  and technical aspects of a complex cost-accounting system.

  4  The comptroller must also have a working knowledge of

  5  generally accepted accounting principles. At a minimum, the

  6  comptroller shall hold an active license to practice public

  7  accounting in this state pursuant to chapter 473 or in any

  8  other state. In addition to the requirements of the Florida

  9  Fiscal Accounting Management Information System Act, the

10  comptroller is responsible for the development, maintenance,

11  and modification of an accounting system which will in a

12  timely manner accurately reflect the revenues and expenditures

13  of the department and which shall include a cost-accounting

14  system to properly identify, segregate, allocate, and report

15  department costs.  The comptroller shall supervise and direct

16  preparation of a detailed 36-month forecast of cash and

17  expenditures and shall be responsible for managing cash and

18  determining cash requirements.  The comptroller shall review

19  all comparative cost studies which examine the

20  cost-effectiveness and feasibility of contracting for services

21  and operations performed by the department.  The review shall

22  state that the study was prepared in accordance with generally

23  accepted cost-accounting standards applied in a consistent

24  manner using valid and accurate cost data.

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

26  provided by s. 20.059(4).

27         4.  The department shall, by rule or internal

28  management memoranda as required by chapter 120, provide for

29  the maintenance by the comptroller of financial records and

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

31  check against the improper payment of bills and provide a


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    CS for CS for SB 230                          Second Engrossed



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

  2  department, which records must at all times disclose:

  3         a.  The several appropriations available for the use of

  4  the department.

  5         b.  The specific amounts of each such appropriation

  6  budgeted by the department for each improvement or purpose.

  7         c.  The apportionment or division of all such

  8  appropriations among the several counties and field offices,

  9  when such apportionment or division is made.

10         d.  The amount or portion of each such apportionment

11  against general contractual and other obligations of the

12  department.

13         e.  The amount expended and still to be expended in

14  connection with each contractual and each other obligation of

15  the department.

16         f.  The expense and operating costs of the various

17  activities of the department.

18         g.  The receipts accruing to the department and the

19  distribution thereof.

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

21  department.

22         i.  The cash requirements of the department for a

23  36-month period.

24         5.  The comptroller shall maintain a separate account

25  for each fund administered by the department.

26         6.  The comptroller shall perform such other related

27  duties as may be designated by the department.

28         (4)(a)  The Assistant Secretary for Programs and

29  Operations must possess a broad knowledge of the

30  administrative, financial, and technical aspects of the

31  divisions within the department.


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    CS for CS for SB 230                          Second Engrossed



  1         (b)  The assistant secretary is responsible for

  2  developing, monitoring, and enforcing policy and managing

  3  major technical programs and supervising the Bureau of Appeals

  4  of the Division of Unemployment Compensation. The

  5  responsibilities and duties of the position include, but are

  6  not limited to, the following functional areas:

  7         1.  Workers' compensation management and policy

  8  implementation.

  9         2.  Jobs and benefits management and policy

10  information.

11         3.  Unemployment compensation management and policy

12  implementation.

13         4.  Blind services management and policy

14  implementation.

15         5.  Oversight of the five field offices and any local

16  offices.

17         (5)  The following divisions are established and shall

18  be headed by division directors who shall be supervised by and

19  shall be responsible to the Assistant Secretary for Programs

20  and Operations:

21         (a)  Division of Workforce and Employment

22  Opportunities.

23         (b)  Division of Unemployment Compensation.

24         (c)  Division of Workers' Compensation.

25         (d)  Division of Blind Services.

26         (e)  Division of Safety, which is repealed July 1,

27  2000.

28         (f)  Division of Vocational Rehabilitation.

29         (6)  It is the intent of the Legislature that the

30  functions and programs of the divisions are to be coordinated

31  and integrated to the maximum extent practicably feasible.


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    CS for CS for SB 230                          Second Engrossed



  1  The department shall have flexibility to minimize costs in

  2  managing its contractual obligations with respect to existing

  3  leases.  Further, it is the intent of the Legislature that all

  4  key programs be co-located in five field offices.  The

  5  department is directed to develop a schedule to achieve this

  6  co-location, to the maximum extent feasible, by no later than

  7  July 1, 2001; provided, however, in those instances where the

  8  department has contractual obligations with respect to

  9  existing leases which expire after July 1, 2001, the

10  department may phase in relocations to the five field offices

11  as said leases expire.  The following field offices are

12  established and shall be headed by managers:

13         (a)  Field Office I--Panama City, which shall serve the

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

15  Holmes, Washington, Bay, Jefferson, Calhoun, Gulf, Liberty,

16  Franklin, Wakulla, Leon, Gadsden, and Jefferson.

17         (b)  Field Office II--Lake City, which shall serve the

18  following counties: Madison, Taylor, Dixie, Lafayette,

19  Suwannee, Hamilton, Columbia, Baker, Union, Bradford, Clay,

20  St. Johns, Duval, Nassau, Alachua, Putnam, Marion, Levy,

21  Gilchrist, and Flagler.

22         (c)  Field Office III--Orlando, which shall serve the

23  following counties: Volusia, Lake, Seminole, Orange, Sumter,

24  Brevard, Osceola, Indian River, Highlands, St. Lucie,

25  Okeechobee, and Martin.

26         (d)  Field Office IV--Tampa, which shall serve the

27  following counties: Citrus, Hernando, Pasco, Pinellas,

28  Hillsborough, Polk, Hardee, Manatee, Sarasota, DeSoto,

29  Charlotte, and Lee.

30

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    CS for CS for SB 230                          Second Engrossed



  1         (e)  Field Office V--Miami, which shall serve the

  2  following counties: Palm Beach, Glades, Hendry, Collier,

  3  Broward, Monroe, and Dade.

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

  5  divisions, of the Department of Labor and Employment Security

  6  are established:

  7         (a)  Division of Jobs and Benefits.

  8         (b)  Division of Unemployment Compensation.

  9         (c)  Division of Administrative Services.

10         (d)  Division of Workers' Compensation.

11         (e)  Division of Vocational Rehabilitation.

12         (f)  Division of Safety.

13         (g)  Division of Blind Services.

14         (7)(3)  The following commissions are established

15  within the Department of Labor and Employment Security:

16         (a)  Public Employees Relations Commission.

17         (b)  Unemployment Appeals Commission.

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

19  and Employment Security an Unemployment Appeals Commission,

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

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

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

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

24  previous vocation, employment, or affiliation, shall be

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

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

27  previous vocation, employment, or affiliation, shall be

28  classified as a representative of employees.

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

30  commission duties and shall be responsible for the

31  administrative functions of the commission.


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    CS for CS for SB 230                          Second Engrossed



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

  2  general counsel and such other personnel as may be necessary

  3  to carry out the duties and responsibilities of the

  4  commission.

  5         3.  The chair shall have the qualifications required by

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

  7  any other business vocation or employment. Notwithstanding any

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

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

10  circuit court.

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

12  $100 for each day they are engaged in the work of the

13  commission.  The chair and other members shall also be

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

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

16  of the commission shall be paid from the Employment Security

17  Administration Trust Fund.

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

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

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

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

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

23  subsection for an original appointment.  The presence of two

24  members shall constitute a quorum for any called meeting of

25  the commission.

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

27  powers, duties, and responsibilities relating to unemployment

28  compensation appeal proceedings under chapter 443.

29         (d)  The property, personnel, and appropriations

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

31


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    CS for CS for SB 230                          Second Engrossed



  1  responsibilities of the commission shall be provided to the

  2  commission by the Department of Labor and Employment Security.

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

  4  supervision, or direction by the Department of Labor and

  5  Employment Security in the performance of its powers and

  6  duties under chapter 443.

  7         (f)  The commission shall make such expenditures,

  8  including expenditures for personal services and rent at the

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

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

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

12  its authority and powers and carrying out its duties and

13  responsibilities.  All such expenditures of the commission

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

15  presentation of itemized vouchers therefor, approved by the

16  chair.

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

18  publications, subscriptions, and copies of records and

19  documents. Such fees shall be deposited in the Employment

20  Security Administration Trust Fund.

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

22  reasonable business hours an office, which shall be provided

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

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

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

26  offices shall be furnished and equipped by the commission.

27  The commission may hold sessions and conduct hearings at any

28  place within the state.

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

30  covering the necessary administrative cost of the commission.

31


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    CS for CS for SB 230                          Second Engrossed



  1         (j)  The commission shall have a seal for

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

  3  which shall be inscribed the words "State of

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

  5  judicially noticed.

  6         (k)  The commission has authority to adopt rules

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

  8  of law conferring duties upon it.

  9         (l)  Orders of the commission relating to unemployment

10  compensation under chapter 443 shall be subject to review only

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

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

13         Section 3.  Paragraph (l) of subsection (2) of section

14  110.205, Florida Statutes, is amended to read:

15         110.205  Career service; exemptions.--

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

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

18  no position, except for positions established for a limited

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

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

21         (l)  All assistant division director, deputy division

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

23  those positions determined by the department to have

24  managerial responsibilities comparable to such positions,

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

26  the Department of Health and Rehabilitative Services and the

27  Department of Corrections that are assigned primary duties of

28  serving as the superintendent of an institution: positions in

29  the Department of Transportation that are assigned primary

30  duties of serving as regional toll managers and managers of

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


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    CS for CS for SB 230                          Second Engrossed



  1  in the Department of Environmental Protection that are

  2  assigned the duty of an Environmental Administrator or program

  3  administrator; those positions described in s. 20.171 as

  4  included in the Senior Management Service; and positions in

  5  the Department of Health and Rehabilitative Services that are

  6  assigned the duty of an Environmental Administrator. Unless

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

  8  and benefits of these positions in accordance with the rules

  9  established for the Selected Exempt Service.

10         Section 4.  All actions required by this act shall be

11  accomplished within available appropriations of the Department

12  of Labor and Employment Security.

13         Section 5.  Subsection (1) of section 393.11, Florida

14  Statutes, 1998 Supplement, is amended to read:

15         393.11  Involuntary admission to residential

16  services.--

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

18  and requires involuntary admission to residential services

19  provided by the developmental services program of the

20  Department of Children and Family Health and Rehabilitative

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

22  resides shall have jurisdiction to conduct a hearing and enter

23  an order involuntarily admitting the person in order that the

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

25  rehabilitation which the person needs.  For the purpose of

26  identifying mental retardation, diagnostic capability shall be

27  established in every program function of the department in the

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

29  children and families; delinquency services; alcohol, drug

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

31  Division of Vocational Rehabilitation of the Department of


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    CS for CS for SB 230                          Second Engrossed



  1  Labor and Employment Security. Except as otherwise specified,

  2  the proceedings under this section shall be governed by the

  3  Florida Rules of Civil Procedure.

  4         Section 6.  Paragraph (a) of subsection (1) of section

  5  410.0245, Florida Statutes, is amended to read:

  6         410.0245  Study of service needs; report; multiyear

  7  plan.--

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

  9  the Department of Children and Family Health and

10  Rehabilitative Services shall contract for a study of the

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

12  population served or waiting to be served by the community

13  care for disabled adults program.  The Division of Vocational

14  Rehabilitation of the Department of Labor and Employment

15  Security and other appropriate state agencies shall provide

16  information to the Department of Children and Family Health

17  and Rehabilitative Services when requested for the purposes of

18  this study.

19         Section 7.  Section 442.006, Florida Statutes, 1998

20  Supplement, is amended to read:

21         442.006  Investigations by the division; refusal to

22  admit; penalty.--

23         (1)  The division shall make studies and investigations

24  with respect to safety provisions and the causes of injuries

25  in public-sector places of employment employments covered by

26  this chapter, and shall make to the Legislature and

27  public-sector employers and carriers such recommendations as

28  it considers proper as to the best means of preventing

29  injuries. In making such studies and investigations, the

30  division may:

31


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    CS for CS for SB 230                          Second Engrossed



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

  2  charged with the duty of enforcing any law securing safety

  3  against injury in any public-sector place of employment

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

  5  state engaged in enforcing any laws to assure safety for

  6  employees.

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

  8  to the records of the division.

  9         (2)  The division and its authorized representatives

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

11  any reasonable time for the purpose of investigating

12  compliance with this chapter and making inspections for the

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

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

15  its authorized representative to any public-sector place of

16  employment or to allow investigation and inspection pursuant

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

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

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

20  conducting investigations of public sector employers under

21  this chapter.

22         Section 8.  Section 442.008, Florida Statutes, 1998

23  Supplement, is amended to read:

24         442.008  Division authority.--The division shall:

25         (1)  Investigate and prescribe what safety devices,

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

27  the prevention of accidents in every public-sector employment

28  or place of employment; determine what suitable devices,

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

30  occupational diseases must be adopted or followed in any or

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


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    CS for CS for SB 230                          Second Engrossed



  1  and adopt reasonable rules for the prevention of accidents and

  2  the prevention of occupational diseases.

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

  4  standards and rules for the construction, repair, and

  5  maintenance of public-sector places of employment as shall

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

  7  accordance with chapter 120.

  8         (3)  Assist employers in the development and

  9  implementation of employee safety training programs by

10  contracting with professional safety organizations.

11         (4)  Adopt rules prescribing recordkeeping

12  responsibilities for public sector employers, which may

13  include rules for maintaining a log and summary of

14  occupational injuries, diseases, and illnesses and for

15  producing on request a notice of injury and employee accident

16  investigation records, and rules prescribing a retention

17  schedule for such records.

18         Section 9.  Section 442.013, Florida Statutes, is

19  amended to read:

20         442.013  Public-sector employer penalties.--If any

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

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

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

24  accidents, or occupational diseases or with any lawful order

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

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

27  other means of protection prescribed by the division under

28  this chapter for the prevention of accidents or occupational

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

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

31  $5,000 for each day the violation, omission, failure, or


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    CS for CS for SB 230                          Second Engrossed



  1  refusal continues after the public-sector employer has been

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

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

  4  rules requiring penalties commensurate with the frequency or

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

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

  7  refusal is alleged to have occurred, unless otherwise agreed

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

  9  division.

10         Section 10.  Section 442.019, Florida Statutes, is

11  amended to read:

12         442.019  Compliance.--Failure of a public-sector an

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

14  rules adopted under this chapter constitutes grounds for the

15  division to seek remedies, including injunctive relief, for

16  compliance by making appropriate filings with the Circuit

17  Court of Leon County.

18         Section 11.  Section 443.012, Florida Statutes, is

19  created to read:

20         443.012  Unemployment Appeals Commission.--

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

22  and Employment Security an Unemployment Appeals Commission,

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

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

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

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

27  previous vocation, employment, or affiliation, is classified

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

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

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

31  representative of employees.


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    CS for CS for SB 230                          Second Engrossed



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

  2  commission duties and shall be responsible for the

  3  administrative functions of the commission.

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

  5  general counsel and such other personnel as may be necessary

  6  to carry out the duties and responsibilities of the

  7  commission.

  8         (c)  The chair shall have the qualifications required

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

10  in any other business vocation or employment. Notwithstanding

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

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

13  circuit court.

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

15  $100 for each day they are engaged in the work of the

16  commission.  The chair and other members shall also be

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

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

19  member of the commission shall be paid from the Employment

20  Security Administration Trust Fund.

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

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

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

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

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

26  subsection for an original appointment.  The presence of two

27  members shall constitute a quorum for any called meeting of

28  the commission.

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

30  powers, duties, and responsibilities relating to unemployment

31  compensation appeal proceedings under chapter 443.


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    CS for CS for SB 230                          Second Engrossed



  1         (4)  The property, personnel, and appropriations

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

  3  responsibilities of the commission shall be provided to the

  4  commission by the Department of Labor and Employment Security.

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

  6  supervision, or direction by the Department of Labor and

  7  Employment Security in the performance of its powers and

  8  duties under chapter 443.

  9         (6)  The commission shall make such expenditures,

10  including expenditures for personal services and rent at the

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

12  reference, periodicals, furniture, equipment, and supplies,

13  and for printing and binding as are necessary in exercising

14  its authority and powers and carrying out its duties and

15  responsibilities.  All such expenditures of the commission

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

17  presentation of itemized vouchers therefor, approved by the

18  chair.

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

20  publications, subscriptions, and copies of records and

21  documents. Such fees shall be deposited in the Employment

22  Security Administration Trust Fund.

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

24  reasonable business hours an office, which shall be provided

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

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

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

28  offices shall be furnished and equipped by the commission.

29  The commission may hold sessions and conduct hearings at any

30  place within the state.

31


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    CS for CS for SB 230                          Second Engrossed



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

  2  covering the necessary administrative cost of the commission.

  3         (10)  The commission shall have a seal for

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

  5  which shall be inscribed the words "State of

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

  7  judicially noticed.

  8         (11)  The commission has authority to adopt rules

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

10  of law conferring duties upon it.

11         (12)  Orders of the commission relating to unemployment

12  compensation under chapter 443 shall be subject to review only

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

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

15         Section 12.  Section 627.212, Florida Statutes, is

16  amended to read:

17         627.212  Workplace safety program surcharge.--The

18  department shall approve a rating plan for workers'

19  compensation coverage insurance that provides for carriers

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

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

22  policyholder or fund member has been identified by the

23  Division of Safety of the Department of Labor and Employment

24  Security as having been required to implement a safety program

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

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

27  prescribing the criteria for the employee safety programs.

28         Section 13.  Paragraphs (b) and (c) of subsection (4)

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

30  amended to read:

31         627.311  Joint underwriters and joint reinsurers.--


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    CS for CS for SB 230                          Second Engrossed



  1         (4)

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

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

  4  governors shall be comprised of:

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

  6  624.06(1), having the largest voluntary direct premiums

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

  8  liability insurance, which shall be elected by those 20

  9  domestic insurers;

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

11  624.06(2) having the largest voluntary direct premiums written

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

13  liability insurance, which shall be elected by those 20

14  foreign insurers;

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

16  by the Insurance Commissioner;

17         4.  One person appointed by the largest property and

18  casualty insurance agents' association in this state; and

19         5.  The consumer advocate appointed under s. 627.0613

20  or the consumer advocate's designee.

21

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

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

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

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

26  service company or third-party administrator which provides

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

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

29  the board of governors are subject to chapter 119.

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

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


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    CS for CS for SB 230                          Second Engrossed



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

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

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

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

  5  operation shall:

  6         1.  Authorize the board to engage in the activities

  7  necessary to implement this subsection, including, but not

  8  limited to, borrowing money.

  9         2.  Develop criteria for eligibility for coverage by

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

11  by at least two insurers which reasonably assures that

12  insureds covered under the plan are unable to acquire coverage

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

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

15  greater than the plan premium if the insurer writing the

16  coverage adheres to the provisions of s. 627.171.

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

18  time of the application for coverage that the application is

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

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

21  self-insurance fund, or assessable mutual insurer through

22  another agent at a lower cost.

23         4.  Establish programs to encourage insurers to provide

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

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

26         a.  Establishing procedures for an insurer to use in

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

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

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

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

31  form developed by the plan.


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    CS for CS for SB 230                          Second Engrossed



  1         b.  Developing forms and procedures that provide an

  2  insurer with the information necessary to determine whether

  3  the insurer wants to write particular applicants to the plan

  4  or insureds of the plan.

  5         c.  Developing procedures for notice to the plan and

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

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

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

  9  procedures for the selection of an insuring entity by the

10  applicant or insured of the plan.

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

12  the placement of employers. All applications for coverage in

13  the plan received 45 days before the effective date for

14  coverage shall be processed through the market-assistance

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

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

17  must be finalized by January 1, 1994.

18         5.  Provide for policy and claims services to the

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

20  insureds in the voluntary market.

21         6.  Provide for the review of applications for coverage

22  with the plan for reasonableness and accuracy, using any

23  available historic information regarding the insured.

24         7.  Provide for procedures for auditing insureds of the

25  plan which are based on reasonable business judgment and are

26  designed to maximize the likelihood that the plan will collect

27  the appropriate premiums.

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

29  refuse future coverage for any insured that submits a

30  fraudulent application to the plan or provides fraudulent or

31  grossly erroneous records to the plan or to any service


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    CS for CS for SB 230                          Second Engrossed



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

  2  plan.

  3         9.  Establish service standards for agents who submit

  4  business to the plan.

  5         10.  Establish criteria and procedures to prohibit any

  6  agent who does not adhere to the established service standards

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

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

  9         11.  Provide for the establishment of reasonable safety

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

11  board, the Division of Safety shall provide inspection to

12  insureds and applicants for coverage in the plan identified as

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

14         12.  Authorize the plan to terminate the coverage of

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

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

17  application, is delinquent in payments of workers'

18  compensation or employer's liability insurance premiums or

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

20  commercial self-insurance fund, or assessable mutual insurer

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

22  to substantially comply with any safety programs recommended

23  by the plan.

24         13.  Authorize the board of governors to provide the

25  services required by the plan through staff employed by the

26  plan, through reasonably compensated service providers who

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

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

29  service providers.

30         14.  Provide for service standards for service

31  providers, methods of determining adherence to those service


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    CS for CS for SB 230                          Second Engrossed



  1  standards, incentives and disincentives for service, and

  2  procedures for terminating contracts for service providers

  3  that fail to adhere to service standards.

  4         15.  Provide procedures for selecting service providers

  5  and standards for qualification as a service provider that

  6  reasonably assure that any service provider selected will

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

  8  providing the specified services in the manner required.

  9         16.  Provide for reasonable accounting and

10  data-reporting practices.

11         17.  Provide for annual review of costs associated with

12  the administration and servicing of the policies issued by the

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

14         18.  Authorize the acquisition of such excess insurance

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

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

17  a date specified by the department and containing such

18  information as the department reasonably requires.

19         20.  Establish multiple rating plans for various

20  classifications of risk which reflect risk of loss, hazard

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

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

23  preferred-rating plan to accommodate small-premium

24  policyholders with good experience as defined in

25  sub-subparagraph 22.a.

26         21.  Establish agent commission schedules.

27         22.  Establish three subplans as follows:

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

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

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

31


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    CS for CS for SB 230                          Second Engrossed



  1  exceeding 50 percent of their premium for the immediate 2

  2  years.

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

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

  5  employers due solely to the nature of the operations being

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

  7  the voluntary market, and whose experience modifications are

  8  less than 1.00.

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

10  the plan.

11         Section 14.  Chapter 442, Florida Statutes, consisting

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

13  442.007, 442.008, 442.009, 442.1015, 442.011, 442.012,

14  442.013, 442.014, 442.015, 442.016, 442.017, 442.018, 442.019,

15  442.020, 442.021, 442.022, 442.023, 442.101, 442.102, 442.103,

16  442.104, 442.105, 442.106, 442.107, 442.108, 442.109, 442.111,

17  442.112, 442.113, 442.115, 442.116, 442.118, 442.1185,

18  442.119, 442.121, 442.123, 442.125, 442.126, 442.127, 442.20,

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

20  and Employment Security shall submit to the Governor and the

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

22  reauthorization of the Division of Safety and the provisions

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

24  criteria:

25         (1)  External requirements mandating that the State of

26  Florida provide a state agency for employment safety issues;

27         (2)  Internal organizational requirements that

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

29  state agency practices for the provision of existing

30  safety-related activities.

31


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    CS for CS for SB 230                          Second Engrossed



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

  2  private employers which achieve safety results without the

  3  creation of a governmental regulatory apparatus.

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

  5  system in which the division functions as a contract

  6  performance auditor for the development of internal risk and

  7  safety management issues among employers.

  8         Section 15.  Effective January 1, 2000, the brain and

  9  spinal cord injury program established in sections 400.805 and

10  413.48, Florida Statutes, and the Office of Disability

11  Determinations administered by the Department of Labor and

12  Employment Security are transferred by a type two transfer, as

13  defined in section 20.06, Florida Statutes, to the Department

14  of Health.

15         Section 16.  Section 400.805, Florida Statutes, 1998

16  Supplement, is amended to read:

17         400.805  Transitional living facilities.--

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

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

20  Administration.

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

22  Health Division of Vocational Rehabilitation of the Department

23  of Labor and Employment Security.

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

25  specialized health care services are provided, including, but

26  not limited to, rehabilitative services, community reentry

27  training, aids for independent living, and counseling to

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

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

30  any federally operated hospital or facility.

31


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    CS for CS for SB 230                          Second Engrossed



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

  2  to operate a transitional living facility.  A license issued

  3  under this section is valid for 1 year.

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

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

  6  $2,000 and a fee of up to $39.25 per bed must be submitted

  7  with the license application.

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

  9  until the agency receives notice from the department division

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

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

12  following requirements:

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

14  application, the agency shall require background screening, in

15  accordance with the level 2 standards for screening set forth

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

17  titled individual who is responsible for the daily operation

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

19  similarly titled individual who is responsible for the

20  financial operation of the facility, including billings for

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

22  procedures for level 2 background screening as set forth in

23  chapter 435.

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

25  other individual who is an applicant if the agency has

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

27  a crime or has committed any other offense prohibited under

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

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

30  screening requirements of chapter 435 which has been submitted

31  within the previous 5 years in compliance with any other


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    CS for CS for SB 230                          Second Engrossed



  1  health care or assisted living licensure requirements of this

  2  state is acceptable in fulfillment of the requirements of

  3  paragraph (a).

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

  5  applicant when each individual required by this section to

  6  undergo background screening has met the standards for the

  7  abuse registry background check and the Department of Law

  8  Enforcement background check, but the agency has not yet

  9  received background screening results from the Federal Bureau

10  of Investigation, or a request for a disqualification

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

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

13  standard license may be granted to the applicant upon the

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

15  Bureau of Investigation background screening for each

16  individual required by this section to undergo background

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

18  upon the granting of a disqualification exemption by the

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

20  required to undergo level 2 background screening may serve in

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

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

23  may not continue to serve if the report indicates any

24  violation of background screening standards and a

25  disqualification exemption has not been requested of and

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

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

28  application, a description and explanation of any exclusions,

29  permanent suspensions, or terminations of the applicant from

30  the Medicare or Medicaid programs. Proof of compliance with

31  the requirements for disclosure of ownership and control


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    CS for CS for SB 230                          Second Engrossed



  1  interests under the Medicaid or Medicare programs may be

  2  accepted in lieu of this submission.

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

  4  description and explanation of any conviction of an offense

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

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

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

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

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

10  serves solely in a voluntary capacity for the corporation or

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

12  operational decisions of the corporation or organization,

13  receives no remuneration for his or her services on the

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

15  financial interest and has no family members with a financial

16  interest in the corporation or organization, provided that the

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

18  include in the application a statement affirming that the

19  director's relationship to the corporation satisfies the

20  requirements of this paragraph.

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

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

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

24  contendere or guilty to, any offense prohibited under the

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

26  unless an exemption from disqualification has been granted by

27  the agency as set forth in chapter 435.

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

29  applicant:

30         1.  Has falsely represented a material fact in the

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


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    CS for CS for SB 230                          Second Engrossed



  1  omitted any material fact from the application required by

  2  paragraph (e) or paragraph (f); or

  3         2.  Has had prior action taken against the applicant

  4  under the Medicaid or Medicare program as set forth in

  5  paragraph (e).

  6         (i)  An application for license renewal must contain

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

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

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

10  renewal of licensure, each applicant must submit to the

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

12  paragraph (3)(d).

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

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

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

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

17  with the department division governing the physical plant of

18  transitional living facilities and the fiscal management of

19  transitional living facilities.

20         (b)  The department division shall adopt rules in

21  consultation with the agency governing the services provided

22  to clients of transitional living facilities. The department

23  division shall enforce all requirements for providing services

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

25  notify the agency when it determines that an applicant for

26  licensure meets the service requirements adopted by the

27  division.

28         (c)  The agency and the department division shall

29  enforce requirements under this section, as such requirements

30  relate to them respectively, and their respective adopted

31  rules.


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    CS for CS for SB 230                          Second Engrossed



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

  2  conduct, manage, or operate a transitional living facility

  3  without obtaining a license from the agency.

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

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

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

  7  from the agency.

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

  9  under this section to advertise or represent to the public

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

11  facility for which its license is issued.

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

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

14  unannounced upon and into the premises of any facility

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

16  compliance with this section and the rules or standards in

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

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

19  believe are being operated or maintained as a facility without

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

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

22  facility unless a warrant that authorizes the entry is first

23  obtained from the circuit court. The warrant requirement

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

25  believe is being operated or maintained as a facility without

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

27  which is made under this section constitutes permission for,

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

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

30  verification of the information submitted on or in connection

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


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    CS for CS for SB 230                          Second Engrossed



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

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

  3  constitutes unconditional permission for, and acquiescence in,

  4  any entry or inspection of the premises by authorized

  5  personnel. The agency retains the right of entry and

  6  inspection of facilities that have had a license revoked or

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

  8  facility is not operating unlawfully. However, before the

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

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

11  disapprove the action within 48 hours. Probable cause

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

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

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

15  brain and spinal cord injuries of a complaint about the

16  facility.

17         (9)  The agency may institute injunctive proceedings in

18  a court of competent jurisdiction for temporary or permanent

19  relief to:

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

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

22  to correct a violation through administrative fines has failed

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

24  or welfare of residents; or

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

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

27  pursuant thereto exists which materially affects the health,

28  safety, or welfare of residents.

29

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

31  necessary to protect residents of facilities from immediately


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    CS for CS for SB 230                          Second Engrossed



  1  life-threatening situations. If it appears by competent

  2  evidence or a sworn, substantiated affidavit that a temporary

  3  injunction should issue, the court, pending the determination

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

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

  6  admissions to a facility when the agency determines that any

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

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

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

10  facility may be subject to the immediate imposition of a

11  moratorium on admissions to run concurrently with licensure

12  denial, revocation, or suspension.

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

14  or rules adopted by the agency or department division under

15  this section is punishable by payment of an administrative or

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

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

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

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

20  of a continuing violation is a separate offense.

21         Section 17.  Section 413.465, Florida Statutes, is

22  transferred and renumbered as section 381.73, Florida

23  Statutes, and amended to read:

24         381.73 413.465  Short title.--Sections 381.73-381.79

25  413.465-413.74 may be cited as the "Charlie Mack Overstreet

26  Brain or Spinal Cord Injuries Act."

27         Section 18.  Section 413.48, Florida Statutes, is

28  transferred and renumbered as section 381.74, Florida

29  Statutes, and amended to read:

30         381.74 413.48  Establishment and maintenance of a

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


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    CS for CS for SB 230                          Second Engrossed



  1  maintain a central registry of persons who have

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

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

  4  public social agency, private social agency, and attending

  5  physician shall report to the division within 5 days after

  6  identification or diagnosis of any person who has a

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

  8  such person shall not be required.

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

10  and type of disability of the individual and such additional

11  information as may be deemed necessary by the department

12  division.

13         Section 19.  Section 413.49, Florida Statutes, 1998

14  Supplement, is transferred and renumbered as section 381.75,

15  Florida Statutes, and amended to read:

16         381.75 413.49  Duties and responsibilities of the

17  division, of transitional living facilities, and of

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

19  department division shall develop and administer a multilevel

20  treatment program for persons who have brain or spinal cord

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

22  injury program.

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

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

25  shall notify the individual or the most immediate available

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

27  the services available, and the eligibility requirements.

28         (2)  The department division shall refer persons who

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

30  assure that rehabilitative services, if desired, are obtained

31  by that person.


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    CS for CS for SB 230                          Second Engrossed



  1         (3)  The department division, in consultation with

  2  emergency medical service, shall develop standards for an

  3  emergency medical evacuation system that will ensure that all

  4  persons who sustain traumatic brain or spinal cord injuries

  5  are transported to a department-approved division-approved

  6  trauma center that meets the standards and criteria

  7  established by the emergency medical service and the

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

  9  program.

10         (4)  The department division shall develop standards

11  for designation of rehabilitation centers to provide

12  rehabilitation services for persons who have brain or spinal

13  cord injuries.

14         (5)  The department division shall determine the

15  appropriate number of designated acute-care facilities,

16  inpatient rehabilitation centers, and outpatient

17  rehabilitation centers, needed based on incidence, volume of

18  admissions, and other appropriate criteria.

19         (6)  The department division shall develop standards

20  for designation of transitional living facilities to provide

21  individuals the opportunity to adjust to their disabilities

22  and to develop physical and functional skills in a supported

23  living environment.

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

25  consultation with the department division, shall develop rules

26  for the licensure of transitional living facilities for

27  persons who have brain or spinal cord injuries.

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

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

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

31  level of independent functioning and to enable that person to


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    CS for CS for SB 230                          Second Engrossed



  1  reenter the community. The program shall be focused on

  2  preparing participants to return to community living.

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

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

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

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

  7  communicative, behavioral, psychological, and social

  8  functioning, as well as to provide necessary support and

  9  supervision. A transitional living facility shall offer at

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

11  neuropsychology, independent living skills training, behavior

12  analysis for programs serving brain-injured persons, health

13  education, and recreation.

14         (d)  All residents shall use the transitional living

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

16  domicile. The transitional living facility shall develop an

17  initial treatment plan for each resident within 3 days after

18  the resident's admission. The transitional living facility

19  shall develop a comprehensive plan of treatment and a

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

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

22  comprehensive treatment plan and discharge plan must be

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

24  quarterly. This subsection does not require the discharge of

25  an individual who continues to require any of the specialized

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

27  measurable progress in accordance with that individual's

28  comprehensive treatment plan. The transitional living facility

29  shall discharge any individual who has an appropriate

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

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


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    CS for CS for SB 230                          Second Engrossed



  1  goals established in the comprehensive treatment plan and the

  2  discharge plan. The discharge location must be the least

  3  restrictive environment in which an individual's health,

  4  well-being, and safety is preserved.

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

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

  7  fee based on ability to pay.

  8         Section 20.  Section 413.507, Florida Statutes, is

  9  transferred and renumbered as section 381.76, Florida

10  Statutes, and amended to read:

11         381.76 413.507  Eligibility for the brain and spinal

12  cord injury program.--

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

14  the brain and spinal cord injury program following

15  certification by the department division that the individual:

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

17  to s. 413.48.

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

19  application for services.

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

21  413.20.

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

23  department division.

24         (e)  Is reasonably expected to achieve reintegration

25  into the community through rehabilitative services.

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

27  provide services to all eligible individuals, the department

28  division may establish an order of selection.

29         Section 21.  Section 413.604, Florida Statutes, is

30  transferred and renumbered as section 381.77, Florida

31  Statutes, and amended to read:


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    CS for CS for SB 230                          Second Engrossed



  1         381.77 413.604  Nursing home residents, age 55 and

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

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

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

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

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

  7  rehabilitation potential, and any person who may benefit from

  8  rehabilitation shall be given an opportunity to participate in

  9  an appropriate rehabilitation program for which she or he may

10  be eligible.

11         Section 22.  Section 413.605, Florida Statutes, 1998

12  Supplement, is transferred and renumbered as section 381.78,

13  Florida Statutes, and amended to read:

14         381.78 413.605  Advisory council on brain and spinal

15  cord injuries.--

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

17  advisory council on brain and spinal cord injuries. The

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

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

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

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

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

23  special needs of children who have brain or spinal cord

24  injuries. The balance of the council members shall be

25  physicians, other allied health professionals, administrators

26  of brain and spinal cord injury programs, and representatives

27  from support groups that have expertise in areas related to

28  the rehabilitation of persons who have brain or spinal cord

29  injuries.

30

31


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    CS for CS for SB 230                          Second Engrossed



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

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

  3  terms.

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

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

  6  persons who have brain injuries or are family members of

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

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

  9  cord injuries, and four other persons from the previous

10  council.

11         (b)  The remaining members of the first appointed

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

13  members' terms shall be for 4 years.

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

15  properly fulfill the duties of the office shall be succeeded

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

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

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

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

20  this subsection, the succeeding council member may be

21  reappointed by the secretary twice.

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

23  annually.

24         (4)  The council shall:

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

26  the preparation, implementation, and periodic review of the

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

28  413.49.

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

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

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


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    CS for CS for SB 230                          Second Engrossed



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

  2  members who shall be chosen from among these representative

  3  groups: physicians, other allied health professionals,

  4  administrators of brain and spinal cord injury programs, and

  5  representatives from support groups with expertise in areas

  6  related to the rehabilitation of persons who have brain or

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

  8  the committee shall be an administrator of a transitional

  9  living facility. Membership on the council is not a

10  prerequisite for membership on this committee.

11         1.  The committee shall perform onsite visits to those

12  transitional living facilities identified by the Agency for

13  Health Care Administration as being in possible violation of

14  the statutes and rules regulating such facilities. The

15  committee members have the same rights of entry and inspection

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

17  the agency.

18         2.  Factual findings of the committee resulting from an

19  onsite investigation of a facility pursuant to subparagraph 1.

20  shall be adopted by the agency in developing its

21  administrative response regarding enforcement of statutes and

22  rules regulating the operation of the facility.

23         3.  Onsite investigations by the committee shall be

24  funded by the Health Care Trust Fund.

25         4.  Travel expenses for committee members shall be

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

27  committee shall recuse themselves from participating in any

28  investigation that would create a conflict of interest under

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

30  temporarily or permanently.

31


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    CS for CS for SB 230                          Second Engrossed



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

  2  not later than August 1, 1994.

  3         Section 23.  Section 413.613, Florida Statutes, is

  4  transferred and renumbered as section 381.79, Florida

  5  Statutes, and amended to read:

  6         381.79 413.613  Brain and Spinal Cord Injury

  7  Rehabilitation Trust Fund.--

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

  9  and Spinal Cord Injury Rehabilitation Trust Fund. Moneys in

10  the fund shall be appropriated to the department division for

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

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

13  state, for multilevel programs of care established pursuant to

14  s. 413.49.

15         (a)  Authorization of expenditures for brain or spinal

16  cord injury care shall be made only by the department

17  division.

18         (b)  Authorized expenditures include acute care,

19  rehabilitation, transitional living, equipment, and supplies

20  necessary for activities of daily living, public information,

21  prevention, education, and research.

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

23  the President of the Senate and the Speaker of the House of

24  Representatives by March 1 of each year, summarizing the

25  activities supported by the trust fund.

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

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

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

29  University of Miami for spinal cord injury and brain injury

30  research. The amount to be distributed to the universities

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


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    CS for CS for SB 230                          Second Engrossed



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

  2  per university per year. Funds distributed under this

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

  4  each quarter during the fiscal year.

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

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

  7  for an overall program review which would include: a

  8  prospective program plan with goals, research design and

  9  proposed outcomes, and an annual report of research activities

10  and findings. Prospective program plans shall be submitted to

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

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

13  research activities and findings shall be submitted to the

14  Board of Regents, with the executive summaries submitted to

15  the President of the Senate, the Speaker of the House of

16  Representatives, and the secretary of the Department of Health

17  Labor and Employment Security.

18         Section 24.  The Division of Vocational Rehabilitation

19  will enter into local public-private partnerships to the

20  extent that it is beneficial to increasing employment outcomes

21  for persons with disabilities and ensuring their full

22  involvement in the comprehensive workforce investment system.

23         Section 25.  Legislative intent.--The Legislature finds

24  that individuals with disabilities experience the highest

25  unemployment rate of any group in society, as high as 75

26  percent, and that unemployment and poverty go hand in hand.

27  The Legislature also finds that persons who complete the

28  vocational rehabilitation program are twice as likely to

29  obtain and maintain employment, and the use of private

30  providers is the readiest way to add service capacity for this

31  population. It is the intent of the Legislature to establish


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    CS for CS for SB 230                          Second Engrossed



  1  an Occupational Access and Opportunity Commission, which will

  2  assemble individuals with disabilities, stakeholders, and

  3  employers to develop a single self-sufficiency strategy that

  4  provides for employment and career options for Floridians with

  5  disabilities.

  6         Section 26.  Definitions.--As used in sections 24

  7  through 36, the term:

  8         (1)  "Commission" means the Commission on Occupational

  9  Access and Opportunity.

10         (2)  "Corporation" means the Occupational Access and

11  Opportunity Corporation.

12         (3)  "Division" means the Division of Vocational

13  Rehabilitation.

14         (4)  "Office" means the Executive Office of the

15  Governor.

16         (5)  "Plan" means the state plan for vocational

17  rehabilitation required by the federal Rehabilitation Act of

18  1973, as amended, and sections 24-36 of this act.

19         (6)  "Region" means a service area for a regional

20  workforce development board established by the Workforce

21  Development Board.

22         Section 27.  Occupational Access and Opportunity

23  Commission; creation; purpose; membership.--

24         (1)  There is created within the Department of

25  Education the Occupational Access and Opportunity Commission.

26         (2)  The commission shall consist of 16 members

27  appointed, as provided herein, by the Governor, the President

28  of the Senate, and the Speaker of the House of

29  Representatives. The commission must contain a minimum of 50

30  percent representation from the private-sector. The members of

31  the commission shall include:


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    CS for CS for SB 230                          Second Engrossed



  1         (a)  The Commissioner of Education, or his or her

  2  designee, who shall serve as chair;

  3         (b)  The chair of the Florida Rehabilitation Council;

  4         (c)  The chair of the Council for Independent Living;

  5         (d)  The chair of the Commission for the Purchase from

  6  the Blind or Other Severely Handicapped;

  7         (e)  A community rehabilitation provider who contracts

  8  to provide vocational rehabilitation services to individuals

  9  who qualify for the program, who shall be appointed by the

10  Governor for a term of 4 years;

11         (f)  A representative from the Advocacy Center for

12  Persons With Disabilities, who shall be appointed by the

13  President of the Senate for a term of 4 years;

14         (g)  A consumer of vocational rehabilitation services,

15  who shall be appointed by the Speaker of the House of

16  Representatives for a term of 4 years; and

17         (h)  Other individuals with disabilities and

18  representatives of business, workforce development, education,

19  state government, local government, consumer advocate groups,

20  employers of individuals with disabilities, or community

21  organizations.

22         (3)  Initially, the Governor, the President of the

23  Senate, and the Speaker of the House of Representatives shall

24  each appoint as members meeting the qualifications contained

25  in paragraph (h) of subsection (2), one member for a term of 3

26  years, one member for a term of 2 years, and one member for a

27  term of 1 year. Thereafter, after receiving recommendations

28  from the commission, the Governor, the President of the

29  Senate, and the Speaker of the House of Representatives shall

30  appoint all members for terms of 4 years. Any vacancy shall be

31  filled by appointment by the original appointing authority for


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    CS for CS for SB 230                          Second Engrossed



  1  the unexpired portion of the term by a person who possesses

  2  the proper qualifications for the vacancy.

  3         (4)  The private-sector members shall be limited to two

  4  consecutive 4-year terms.

  5         (5)  The commission shall hold its first meeting no

  6  later than September 1999, and must meet at least quarterly. A

  7  majority of the members constitute a quorum for the purpose of

  8  conducting business.

  9         (6)  The Governor shall name the chair of the

10  commission from its appointed members. The commission shall

11  biennially elect one of its members as vice chair, who shall

12  preside in the absence of the chair. Neither the chair, nor

13  the vice chair, may be a provider of client services funded

14  through the commission.

15         (7)  The Rehabilitation Council created by section

16  413.405, Florida Statutes, shall serve the commission and

17  shall continue to perform its designated duties. The

18  commission shall consider the recommendations made by the

19  council.

20         (8)  The commission may appoint advisory committees

21  that the commission considers appropriate, which may include

22  members from outside the commission to study special problems

23  or issues and advise the commission on those subjects. Any

24  existing advisory board, commission, or council may seek to

25  become an official advisory committee to the commission by

26  submitting to the commission a resolution requesting

27  affiliation and having the request approved by the commission.

28  The commission shall establish the operating procedures of the

29  committees.

30

31


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    CS for CS for SB 230                          Second Engrossed



  1         (9)  The commission may establish an executive

  2  committee consisting of five members recommended by the chair

  3  and approved by the commission.

  4         (10)  The members of the commission are entitled to be

  5  reimbursed for reasonable and necessary expenses of attending

  6  meetings and performing commission duties, including per diem

  7  and travel expenses, and for personal care attendants and

  8  interpreters needed by members during meetings, as provided in

  9  section 413.273, Florida Statutes.

10         (11)  Each member of the commission shall file full and

11  public disclosure of his or her financial interests and is

12  subject to the provisions of part III of chapter 112, Florida

13  Statutes.

14         (12)  A member of the commission may not vote on a

15  matter under consideration by the board regarding the

16  provision of services by such member, or by any entity that

17  such member represents; vote on a matter that would provide

18  direct financial benefit to such member or the immediate

19  family of such member; or engage in any other activity

20  determined by the Governor to constitute a conflict of

21  interest as specified in the plan.

22         Section 28.  Powers and duties.--The commission:

23         (1)  Shall, no later than July 1, 2000, after

24  consulting with stakeholders and holding public hearings,

25  develop and implement a 5-year plan to promote occupational

26  access and opportunities for Floridians with disabilities, and

27  to fulfill the federal plan requirements. The plan must be

28  submitted to the Governor, the President of the Senate, and

29  the Speaker of the House of Representatives. The commission

30  may make amendments annually to the plan, which must be

31  submitted to the Governor, the President of the Senate, and


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    CS for CS for SB 230                          Second Engrossed



  1  the Speaker of the House of Representatives by the first of

  2  January.

  3         (a)  The plan must explore the use of Individual

  4  Training Accounts, as described in the federal Workforce Act

  5  of 1998, Pub. L. No. 105-220, for eligible clients. If

  6  developed, these accounts must be distributed under a written

  7  memorandum of understanding with One-Stop Career Center

  8  operators.

  9         (b)  The plan must include an emergency response

10  component to address economic downturns.

11         (c)  The plan must designate an administrative entity

12  that will support the commission's work; provide technical

13  assistance, training, and capacity-building assistance; help

14  raise additional federal, state, and local funds; and promote

15  innovative contracts that upgrade or enhance direct services

16  to Floridians with disabilities.

17         (d)  The plan must require that the commission enter

18  into cooperative agreements with community-based

19  rehabilitation programs to be the service providers for the

20  program; however, state career service employees shall provide

21  all services mandated by federal law. The commission shall, as

22  rapidly as is feasible, increase the amount of such services

23  provided by community-based rehabilitation programs. The plan

24  must incorporate, to the maximum extent allowed by federal and

25  state law and regulation, all available funds for such

26  purposes. Funds and in-kind contributions from community and

27  private sources shall be used to enhance federal and state

28  resources.

29         (e)  The plan must include recommendations regarding

30  specific performance standards and measurable outcomes, and

31  must outline procedures for monitoring the commission's and


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    CS for CS for SB 230                          Second Engrossed



  1  designated administrative entity's operations to ensure that

  2  performance data is maintained and supported by records of

  3  such entities. The commission shall consult with the Office of

  4  Program Policy Analysis and Government Accountability in the

  5  establishment of performance standards, measurable outcomes,

  6  and monitoring procedures.

  7         (2)  Notwithstanding the provisions of part I of

  8  chapter 287, Florida Statutes, shall contract, no later than

  9  July 1, 2000, with the administrative entity designated in the

10  plan to execute the services, functions, and programs

11  prescribed in the plan. The commission shall serve as contract

12  administrator. If approved by the federal Department of

13  Education, the administrative entity may be a direct-support

14  organization. The commission shall define the terms of the

15  contract.

16         (3)  Shall work with the employer community to better

17  define, address, and meet its business needs with qualified

18  Floridians with disabilities.

19         (4)  Is responsible for the prudent use of all public

20  and private funds provided for the commission's use, ensuring

21  that the use of all funds is in accordance with all applicable

22  laws, bylaws, and contractual requirements.

23         (5)  Shall develop an operational structure to carry

24  out the plan developed by the commission.

25         (6)  May appear on its own behalf before boards,

26  commissions, departments, or other agencies of municipal,

27  county, state, or Federal Government.

28         (7)  In the performance of its duties, may undertake or

29  commission research and studies.

30         (8)  Shall develop a budget, which is in keeping with

31  the plan, for the operation and activities of the commission


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    CS for CS for SB 230                          Second Engrossed



  1  and functions of its designated administrative entity. The

  2  budget shall be submitted to the Governor for inclusion in the

  3  Governor's budget recommendations.

  4         (9)  May assign staff from the office or division to

  5  assist in implementing the provisions of this act relating to

  6  the Occupational Access and Opportunity Commission.

  7         Section 29.  Occupational Access and Opportunity

  8  Corporation; use of property; board of directors; duties;

  9  audit.--

10         (1)  ESTABLISHMENT.--If the commission elects to

11  designate a direct-support organization as its administrative

12  entity, such organization shall be designated the Occupational

13  Access and Opportunity Corporation:

14         (a)  Which is a corporation not for profit, as defined

15  in s. 501(c)(6) of the Internal Revenue Code of 1986, as

16  amended, and is incorporated under the provisions of chapter

17  617, Florida Statutes, and approved by the Department of

18  State.

19         (b)  Which is organized and operated exclusively to

20  request, receive, hold, invest, and administer property and to

21  manage and make expenditures for the operation of the

22  activities, services, functions, and programs of the

23  provisions of this act relating to the Occupational Access and

24  Opportunity Commission.

25         (c)  Which the commission, after review, has certified

26  to be operating in a manner consistent with the policies and

27  goals of the commission and the plan.

28         (d)  Which shall not be considered an agency for the

29  purposes of chapters 120 and 216, Florida Statutes; sections

30  255.25 and 255.254, Florida Statutes, relating to leasing of

31  buildings; sections 283.33 and 283.35, Florida Statutes,


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    CS for CS for SB 230                          Second Engrossed



  1  relating to bids for printing; section 215.31, Florida

  2  Statutes; and parts IV through VIII of chapter 112, Florida

  3  Statutes.

  4         (e)  Which shall be subject to the provisions of

  5  chapter 119, Florida Statutes, relating to public records, and

  6  the provisions of chapter 286, Florida Statutes, relating to

  7  public meetings.

  8         (2)  USE OF PROPERTY.--The commission:

  9         (a)  May permit the use of property and facilities of

10  the commission by the corporation, subject to the provisions

11  of this section.

12         (b)  Shall prescribe conditions with which the

13  corporation must comply in order to use property and

14  facilities of the commission. Such conditions must provide for

15  budget and audit review, for oversight by the commission, and

16  for a reversionary interest in any property used by the

17  corporation upon its dissolution.

18         (c)  Shall not permit the use of property and

19  facilities of the commission if the corporation does not

20  provide equal employment opportunities to all persons,

21  regardless of race, color, national origin, sex, age, or

22  religion.

23         (3)  BOARD OF DIRECTORS.--The board of directors of the

24  corporation shall be composed of 15 members, appointed by the

25  commission from its own membership. The vice chair of the

26  commission shall serve as chair of the corporation's board of

27  directors.

28         (4)  POWERS AND DUTIES.--The corporation, in the

29  performance of its duties:

30         (a)  May make and enter into contracts and assume such

31  other functions as are necessary to carry out the provisions


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    CS for CS for SB 230                          Second Engrossed



  1  of the plan and the corporation's contract with the commission

  2  which are not inconsistent with this or any other provision of

  3  law.

  4         (b)  May develop a program to leverage the existing

  5  federal and state funding and to provide upgraded or expanded

  6  services to Floridians with disabilities.

  7         (c)  May commission and adopt, in cooperation with the

  8  commission, an official business name and logo to be used in

  9  all promotional materials directly produced by the

10  corporation.

11         (d)  The corporation shall establish cooperative and

12  collaborative memorandums of understanding with One-Stop

13  Career Center operators to increase, upgrade, or expand

14  services to Floridians with disabilities who are seeking

15  employment and self-sufficiency.

16         Section 30.  Annual audit.--

17         (1)  The corporation shall make provision for an annual

18  post-audit of its financial accounts to be conducted by an

19  independent certified public accountant. The annual audit

20  report is due before December 1 of each year, must include a

21  management letter, and must be submitted to the Auditor

22  General, and the Office of Program Policy Analysis and

23  Government Accountability for review. The Office of Program

24  Policy Analysis and Government Accountability, the commission,

25  and the Auditor General have the authority to require and

26  receive from the corporation or from its independent auditor

27  any detail or supplemental data relative to the operation of

28  the corporation. The corporation shall annually certify

29  whether the corporation is operating in a manner that is

30  consistent with, and achieving objectives that are consistent

31  with, the policies and goals of the commission and the plan.


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    CS for CS for SB 230                          Second Engrossed



  1         (2)  The corporation shall provide to the commission a

  2  quarterly report that:

  3         (a)  Updates its progress and impact in creating

  4  employment and increasing the personal income of individuals

  5  with disabilities;

  6         (b)  Provides detailed, unaudited financial statements

  7  of sources and uses of public and private funds;

  8         (c)  Measures progress towards annual goals and

  9  objectives set forth in the commission's plan;

10         (d)  Reviews all pertinent research findings and

11  training efforts; and

12         (e)  Provides other measures of accountability as

13  requested by the commission.

14         Section 31.  Annual report of the Occupational Access

15  and Opportunity Commission; audits.--

16         (1)  Before January 1 of each year, the commission

17  shall submit to the Governor, the President of the Senate, and

18  the Speaker of the House of Representatives a complete and

19  detailed report setting forth for itself and its designated

20  administrative entity:

21         (a)  Its operations and accomplishments during the

22  fiscal year.

23         (b)  Its business and operational plan.

24         (c)  The assets and liabilities of the designated

25  administrative entity at the end of its most recent fiscal

26  year.

27         (d)  A copy of the annual financial and compliance

28  audit.

29         (2)  The Auditor General may, pursuant to his or her

30  own authority or at the direction of the Legislative Auditing

31


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    CS for CS for SB 230                          Second Engrossed



  1  Committee, conduct an audit of the commission or its

  2  designated administrative entity.

  3         Section 32.  Upon appointment, the Occupational Access

  4  and Opportunity Commission is authorized to prepare and submit

  5  the federally required state vocational rehabilitation plan

  6  and to serve as the governing authority of programs

  7  administered by the commission, including, but not limited to:

  8  administering the state's plan under the Rehabilitation Act of

  9  1973, as amended; receiving federal funds as the state

10  vocational rehabilitation agency; directing the expenditure of

11  legislative appropriations for rehabilitative services through

12  its designated administrative entity or other agents; and, if

13  necessary, making any changes to the plan that the commission

14  considers necessary to maintain compliance with the federal

15  Rehabilitation Act of 1973, as amended, and implementing such

16  changes in order to continue to qualify and maintain federal

17  funding support. During the period of time between the

18  appointment of the commission and the designation of the

19  administrative entity, the commission and the division may, by

20  agreement, provide for continued administration consistent

21  with federal and state law.

22         Section 33.  The division must comply with the

23  transitional direction of the plan. If the commission

24  designates an administrative entity other than the division,

25  all powers, duties, and functions of and all related records,

26  property, and equipment and all contractual rights,

27  obligations of, and unexpended balances of appropriations and

28  other funds or allocations of the division's component

29  programs of the Department of Labor and Employment Security

30  shall be transferred to the commission as provided in the

31  plan, pursuant to section 20.06(2), Florida Statutes. The


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    CS for CS for SB 230                          Second Engrossed



  1  Department of Labor and Employment Security shall assist the

  2  commission in carrying out the intent of this chapter and

  3  achieving an orderly transition. The Office of Planning and

  4  Budget shall submit the necessary budget amendments to the

  5  Legislature in order to bring the budget into compliance with

  6  the plan.

  7         Section 34.  (1)  The Department of Labor and

  8  Employment Security may offer, subject to the provisions of

  9  this section, active employees with 30 or more years of

10  creditable service in a state-administered retirement system,

11  or who are at least 62 years of age and are eligible for

12  retirement in a state-administered retirement system, a

13  one-time voluntary reduction-in-force payment during the

14  1999-2000 fiscal year. Such payment shall represent a payment

15  of insurance costs and shall be paid as an annuity to be

16  purchased by the department within funds appropriated for

17  salary and benefits in the General Appropriations Act for

18  fiscal year 1999-2000, which shall include funds derived from

19  eliminating vacated positions. There shall be no annualization

20  costs associated with this plan. The Secretary of Labor and

21  Employment Security shall be deemed to be the public employer

22  for purposes of negotiating the terms and conditions related

23  to the reduction-in-force payments authorized by this section.

24  All persons retiring under this program shall do so no later

25  than January 1, 2000.

26         (2)  The department, in consultation with the

27  Department of Management Services, shall prepare a plan to

28  implement the reduction-in-force payment authority for

29  approval by the Office of Planning and Budgeting.  Such plan

30  must meet all applicable federal requirements regarding the

31  expenditure of federal funds; all applicable federal tax laws;


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    CS for CS for SB 230                          Second Engrossed



  1  and all other federal and state laws regarding special

  2  compensation to employees, including the Age Discrimination in

  3  Employment Act and the Older Workers' Benefit Protection Act.

  4  The plan must specify the savings created through the payment

  5  mechanism and the reduction-in-force, specify the source of

  6  funding of the payments, and delineate a timetable for

  7  implementation.

  8         (3)  If approved by the Office of Planning and

  9  Budgeting, such plan shall be submitted to the Legislature

10  subject to the notice, review, and objection process

11  authorized in s. 216.177, Florida Statutes.

12         (4)  This section shall take effect upon becoming law.

13         Section 35.  The Occupational Access and Opportunity

14  Commission shall assure that the designated administrative

15  entity and providers of direct service maintain an internal

16  system of quality assurance, have proven functional systems,

17  and are subject to a due-diligence inquiry for their fitness

18  to undertake service responsibilities regardless of whether a

19  contract for services is competitively or noncompetitively

20  procured.

21         Section 36.  It is the intent of the Legislature that

22  the provisions of this act relating to the Occupational Access

23  and Opportunity Commission not conflict with any federal

24  statute or implementing regulation governing federal

25  grant-in-aid programs administered by the division or the

26  commission. Whenever such a conflict is asserted by the

27  applicable agency of the Federal Government, the commission

28  shall submit to the federal Department of Education, or other

29  applicable federal agency, a request for a favorable policy

30  interpretation of the conflicting portions. If the request is

31  approved, as certified in writing by the secretary of the


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    CS for CS for SB 230                          Second Engrossed



  1  federal Department of Education, or the head of the other

  2  applicable federal agency, the commission or the division is

  3  authorized to make the adjustments in the plan which are

  4  necessary for achieving conformity to federal statutes and

  5  regulations. Before making such adjustments, the commission or

  6  the division shall provide to the President of the Senate and

  7  the Speaker of the House of Representatives an explanation and

  8  justification of the position of the division or the

  9  commission and shall outline all feasible alternatives that

10  are consistent with this section. These alternatives may

11  include the state supervision of local service agencies by the

12  commission or the division if the agencies are designated by

13  the Governor.

14         Section 37.  Effective July 1, 2000, for purposes of

15  effecting compliance with the Rehabilitation Act of 1973, as

16  amended, upon appointment, the Commission on Occupational

17  Access and Opportunity is designated the official state

18  agency.

19         Section 38.  Before the 2002 Regular Session of the

20  Legislature, the Office of Program Policy Analysis and

21  Government Accountability shall conduct a review of, and

22  prepare a report on, the Occupational Access and Opportunity

23  Commission and its designated administrative entity. The

24  review must be comprehensive in its scope, but, at a minimum,

25  must be conducted in such a manner as to specifically

26  determine:

27         (1)  The progress toward achieving the established

28  outcomes.

29         (2)  The circumstances contributing to the

30  organization's ability to achieve, not achieve, or exceed its

31  established outcomes.


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  1         (3)  Whether it would be sound public policy to

  2  continue or discontinue funding the organizations and the

  3  consequences of discontinuing the organizations.

  4         (4)  The progress toward increasing services through

  5  community-based rehabilitation programs.

  6         (5)  As a result of the provisions of the act relating

  7  to the Occupational Access and Opportunity Commission, the net

  8  increase or decrease of the associated administrative costs,

  9  as defined in the Rehabilitation Act of 1973, as amended.

10

11  The report shall be submitted by January 1, 2002, to the

12  Governor, the President of the Senate, and the Speaker of the

13  House of Representatives.

14         Section 39.  Effective January 1, 2001, the Division of

15  Blind Services is transferred by a type two transfer as

16  defined in section 20.06(5), Florida Statutes, from the

17  Department of Labor and Employment Security to the Department

18  of Education.

19         Section 40.  Paragraph (a) of subsection (8) of section

20  440.05, Florida Statutes, 1998 Supplement, is repealed.

21         Section 41.  There is hereby appropriated $500,000 from

22  the General Revenue Fund to the Department of Education for

23  Fiscal Year 1999-2000.

24         Section 42.  Subsections (2) and (3) of section 20.15,

25  Florida Statutes, 1998 Supplement, are amended to read:

26         20.15  Department of Education.--There is created a

27  Department of Education.

28         (2)  COMMISSIONER OF EDUCATION.--The head of the

29  Department of Education is the Commissioner of Education who

30  shall be elected by vote of the qualified electors of the

31  state pursuant to s. 5, Art. IV of the State Constitution.


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  1         (a)  The Commissioner of Education shall appoint a

  2  Deputy Commissioner for Educational Programs who has such

  3  powers, duties, responsibilities, and functions as are

  4  necessary to ensure the greatest possible coordination,

  5  efficiency, and effectiveness of kindergarten through

  6  12th-grade education and vocational and continuing education

  7  programs, including workforce development.

  8         (b)  The Commissioner of Education shall appoint a

  9  Deputy Commissioner for Planning, Budgeting, and Management

10  who has such powers, duties, responsibilities, and functions

11  as are necessary to ensure the greatest possible coordination

12  of policies, programs, and procedures for the statewide system

13  of education and the department.

14         (c)  The Commissioner of Education shall appoint a

15  Deputy Commissioner for Technology and Administration who has

16  such powers, duties, responsibilities, and functions as are

17  necessary to ensure the greatest possible coordination and

18  development of technological supports for the education system

19  and efficient administration of the department.

20         (3)  DIVISIONS.--The following divisions of the

21  Department of Education are established:

22         (a)  Division of Community Colleges.

23         (b)  Division of Public Schools and Community

24  Education.

25         (c)  Division of Universities.

26         (d)  Division of Workforce Development.

27         (e)  Division of Human Resource Development.

28         (f)  Division of Administration.

29         (g)  Division of Financial Services.

30         (h)  Division of Support Services.

31         (i)  Division of Technology.


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    CS for CS for SB 230                          Second Engrossed



  1         Section 43.  The Commissioner of Education is

  2  authorized to establish, abolish, or consolidate bureaus,

  3  sections, and subsections; to reallocate duties and functions;

  4  and to reassign positions in pay grade 25 and above to the

  5  Select Exempt Service category within the Department of

  6  Education in order to promote effective and efficient

  7  operation of the department. Authorized positions and

  8  appropriations may be transferred from one budget entity to

  9  another as required to implement the reorganization. The

10  provisions of this section are subject to the requirements of

11  section 216.181, Florida Statutes. The commissioner may not

12  establish, abolish, or consolidate bureaus, sections, or

13  subsections after January 31, 2000, unless such action is

14  approved by the Legislature or by law. The commissioner shall

15  provide a report on the reorganization to the President of the

16  Senate, the Speaker of the House of Representatives, the

17  minority leaders of the Senate and the House of

18  Representatives, and the chairs of the education and

19  appropriations committees of the Legislature by January 31,

20  2001. This section is repealed on July 1, 2000.

21         Section 44.  Except as otherwise provided herein, this

22  act shall take effect October 1, 1999.

23

24

25

26

27

28

29

30

31


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