Senate Bill 0712

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    Florida Senate - 1999        (Corrected Copy)           SB 712

    By the Committee on Gubernatorial Appointments and
    Confirmations; and Senators Myers, McKay, Hargrett, Casas and
    Dyer



    318-532-99

  1                      A bill to be entitled

  2         An act relating to executive appointments;

  3         amending s. 14.29, F.S., relating to terms of

  4         members of the Florida Commission on Community

  5         Service; deleting obsolete provisions; amending

  6         s. 20.171, F.S., relating to terms of members

  7         of the Unemployment Appeals Commission within

  8         the Department of Labor and Employment

  9         Security; deleting obsolete provisions;

10         amending s. 20.23, F.S., relating to the

11         Secretary of Transportation; deleting obsolete

12         provisions; amending s. 20.255, F.S.;

13         clarifying the terms of members of the

14         Environmental Regulation Commission within the

15         Department of Environmental Protection;

16         amending s. 20.315, F.S., relating to terms of

17         members of the Florida Corrections Commission

18         within the Department of Corrections; deleting

19         obsolete provisions; amending s. 20.316, F.S.;

20         requiring that the Secretary of Juvenile

21         Justice be confirmed by the Senate; amending s.

22         20.41, F.S., relating to the Secretary of

23         Elderly Affairs; deleting obsolete provisions;

24         amending s. 186.504, F.S.; specifying terms of

25         members of regional planning councils; amending

26         s. 231.545, F.S., relating to membership on the

27         Education Standards Commission within the

28         Department of Education; deleting obsolete

29         provisions; amending s. 240.145, F.S., relating

30         to terms of members of the Postsecondary

31         Education Planning Commission; deleting

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  1         obsolete provisions; amending s. 240.313, F.S.;

  2         specifying the terms of members of the board of

  3         trustees of a community college; amending s.

  4         246.205, F.S., relating to terms of members of

  5         the State Board of Nonpublic Career Education;

  6         deleting obsolete provisions; amending s.

  7         288.707, F.S.; clarifying membership on the

  8         Florida Black Business Investment Board within

  9         the Office of Tourism, Trade, and Economic

10         Development; deleting obsolete provisions;

11         amending s. 288.901, F.S., relating to the

12         board of directors of Enterprise Florida, Inc.;

13         deleting obsolete provisions; amending s.

14         288.9412, F.S., relating to the International

15         Trade and Economic Development Board within

16         Enterprise Florida, Inc.; deleting the

17         requirement that certain specified members be

18         confirmed by the Senate; revising the

19         membership of the board; deleting obsolete

20         provisions; amending s. 288.9512, F.S.,

21         relating to the Technology Development Board

22         within Enterprise Florida, Inc.; deleting

23         obsolete provisions; amending s. 288.9604,

24         F.S., relating to terms of members of the

25         Florida Development Finance Corporation;

26         deleting obsolete provisions; amending s.

27         288.9611, F.S., relating to the appointment and

28         terms of members of the Capital Development

29         Board within Enterprise Florida, Inc.; deleting

30         obsolete provisions; amending s. 288.9620,

31         F.S., relating to the appointment and terms of

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  1         members of the Workforce Development Board

  2         within Enterprise Florida, Inc.; deleting

  3         obsolete provisions; amending s. 331.308, F.S.,

  4         relating to the board of supervisors of the

  5         Spaceport Florida Authority; deleting a

  6         requirement that the Senate confirm the

  7         legislative ex officio members of the board;

  8         deleting obsolete provisions relating to

  9         appointments and terms; amending s. 349.03,

10         F.S., relating to terms of members of the

11         Jacksonville Transportation Authority; deleting

12         obsolete provisions; amending s. 350.01, F.S.,

13         relating to terms of members of the Florida

14         Public Service Commission; deleting obsolete

15         provisions; clarifying the term for the

16         chairperson of the commission; amending s.

17         370.19, F.S.; revising the membership of the

18         Atlantic States Marine Fisheries Commission;

19         revising requirements for the legislative ex

20         officio members of the commission; specifying

21         terms of office; amending s. 370.20, F.S.,

22         relating to the Gulf States Marine Fisheries

23         Commission; revising requirements for the

24         legislative ex officio members of the

25         commission; specifying terms of office;

26         amending s. 373.0693, F.S.; clarifying terms of

27         office for members of basin boards within the

28         water management districts; amending s.

29         380.504, F.S., relating to terms of members of

30         the Florida Communities Trust within the

31         Department of Community Affairs; deleting

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  1         obsolete provisions; amending s. 404.31, F.S.,

  2         relating to terms of members of the Southeast

  3         Interstate Low-Level Radioactive Waste

  4         Management Commission; deleting obsolete

  5         provisions; amending s. 447.205, F.S., relating

  6         to terms of the Public Employees Relations

  7         Commission within the Department of Labor and

  8         Employment Security; deleting obsolete

  9         provisions; repealing s. 464.0045, F.S.,

10         relating to terms of members of the Board of

11         Nursing; amending s. 468.1135, F.S., relating

12         to terms and qualifications of members of the

13         Board of Speech-Language Pathology and

14         Audiology; deleting obsolete provisions;

15         amending s. 468.203, F.S., relating to the

16         practice of occupational therapy; providing a

17         definition; amending s. 468.205, F.S., relating

18         to terms for members of the Board of

19         Occupational Therapy Practice; deleting

20         obsolete provisions; amending s. 468.4315,

21         F.S., relating to terms of members of the

22         Regulatory Council of Community Association

23         Managers; deleting obsolete provisions;

24         amending s. 468.521, F.S., relating to terms of

25         members of the Board of Employee Leasing

26         Companies; deleting obsolete provisions;

27         amending s. 468.605, F.S., relating to terms of

28         the members of the Florida Building Code

29         Administrators and Inspectors Board; deleting

30         obsolete and conflicting provisions; amending

31         s. 468.801, F.S., relating to the terms of

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  1         members of the Board of Orthotists and

  2         Prosthetists; deleting obsolete provisions;

  3         amending s. 475.02, F.S., relating to terms of

  4         the members of the Florida Real Estate

  5         Commission within the Department of Business

  6         and Professional Regulation; deleting obsolete

  7         provisions; amending s. 475.613, F.S., relating

  8         to terms and qualifications of members of the

  9         Florida Real Estate Appraisal Board; deleting

10         obsolete provisions; amending s. 476.054, F.S.,

11         relating to terms of members of the Barbers'

12         Board; deleting conflicting provisions;

13         amending s. 477.015, F.S., relating to terms of

14         the members of the Board of Cosmetology;

15         deleting a limitation on terms of appointment;

16         amending s. 480.035, F.S., relating to terms of

17         the members of the Board of Massage Therapy;

18         deleting a limitation on terms of appointment;

19         amending s. 483.805, F.S., relating to terms of

20         members of the Board of Clinical Laboratory

21         Personnel; deleting obsolete provisions;

22         amending s. 489.107, F.S., relating to terms of

23         the members of the Construction Industry

24         Licensing Board; deleting a limitation on terms

25         of appointment; amending s. 491.004, F.S.,

26         relating to terms of the members of the Board

27         of Clinical Social Work, Marriage and Family

28         Therapy, and Mental Health Counseling; deleting

29         obsolete provisions; amending s. 497.101, F.S.,

30         relating to terms of the members of the Board

31         of Funeral and Cemetery Services; deleting

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  1         obsolete provisions; amending s. 601.04, F.S.,

  2         relating to the appointment and terms of

  3         members of the Florida Citrus Commission within

  4         the Department of Citrus; deleting obsolete

  5         provisions; clarifying terms of members

  6         following redistricting; amending s. 945.602,

  7         F.S., relating to qualifications of the members

  8         of the State of Florida Correctional Medical

  9         Authority; deleting obsolete provisions;

10         amending ss. 947.01, 947.03, F.S., relating to

11         the appointment and number of members of the

12         Parole Commission; deleting obsolete

13         provisions; repealing s. 947.022, F.S.,

14         relating to terms and appointment of members of

15         the Parole Commission; providing an effective

16         date.

17

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

19

20         Section 1.  Subsection (4) of section 14.29, Florida

21  Statutes, is amended to read:

22         14.29  Florida Commission on Community Service.--

23         (4)  Members of the commission shall serve for terms of

24  3 years, except that of those voting members initially

25  appointed, no less than five and up to eight shall serve for

26  terms of 1 year and no less than five and up to eight shall

27  serve for terms of 2 years. Members may be reappointed for

28  successive terms. A vacancy shall be filled for the remainder

29  of the unexpired term in the same manner as the original

30  appointment.

31

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  1         Section 2.  Subsection (4) of section 20.171, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         20.171  Department of Labor and Employment

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

  5  Employment Security.

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

  7  and Employment Security an Unemployment Appeals Commission,

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

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

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

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

12  previous vocation, employment, or affiliation, shall be

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

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

15  previous vocation, employment, or affiliation, shall be

16  classified as a representative of employees.

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

18  commission duties and shall be responsible for the

19  administrative functions of the commission.

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

21  general counsel and such other personnel as may be necessary

22  to carry out the duties and responsibilities of the

23  commission.

24         3.  The chair shall have the qualifications required by

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

26  any other business vocation or employment. Notwithstanding any

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

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

29  circuit court.

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

31  $100 for each day they are engaged in the work of the

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  1  commission.  The chair and other members shall also be

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

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

  4  of the commission shall be paid from the Employment Security

  5  Administration Trust Fund.

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

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

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

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

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

11  subsection for an original appointment.  The presence of two

12  members shall constitute a quorum for any called meeting of

13  the commission.

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

15  powers, duties, and responsibilities relating to unemployment

16  compensation appeal proceedings under chapter 443.

17         (d)  The property, personnel, and appropriations

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

19  responsibilities of the commission shall be provided to the

20  commission by the Department of Labor and Employment Security.

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

22  supervision, or direction by the Department of Labor and

23  Employment Security in the performance of its powers and

24  duties under chapter 443.

25         (f)  The commission shall make such expenditures,

26  including expenditures for personal services and rent at the

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

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

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

30  its authority and powers and carrying out its duties and

31  responsibilities.  All such expenditures of the commission

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

  2  presentation of itemized vouchers therefor, approved by the

  3  chair.

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

  5  publications, subscriptions, and copies of records and

  6  documents. Such fees shall be deposited in the Employment

  7  Security Administration Trust Fund.

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

  9  reasonable business hours an office, which shall be provided

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

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

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

13  offices shall be furnished and equipped by the commission.

14  The commission may hold sessions and conduct hearings at any

15  place within the state.

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

17  covering the necessary administrative cost of the commission.

18         (j)  The commission shall have a seal for

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

20  which shall be inscribed the words "State of

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

22  judicially noticed.

23         (k)  The commission has authority to adopt rules

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

25  of law conferring duties upon it.

26         (l)  Orders of the commission relating to unemployment

27  compensation under chapter 443 shall be subject to review only

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

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

30         Section 3.  Paragraph (a) of subsection (1) of section

31  20.23, Florida Statutes, 1998 Supplement, is amended to read:

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  1         20.23  Department of Transportation.--There is created

  2  a Department of Transportation which shall be a decentralized

  3  agency.

  4         (1)(a)1.  The head of the Department of Transportation

  5  is the Secretary of Transportation. The secretary shall be

  6  appointed by the Governor from among three persons nominated

  7  by the Florida Transportation Commission and shall be subject

  8  to confirmation by the Senate, except that any secretary that

  9  was appointed before October 1, 1987, need not have been

10  nominated by the commission. The secretary shall serve at the

11  pleasure of the Governor.

12         2.  The secretary shall be a proven, effective

13  administrator who by a combination of education and experience

14  shall clearly possess a broad knowledge of the administrative,

15  financial, and technical aspects of the development,

16  operation, and regulation of transportation systems and

17  facilities or comparable systems and facilities.

18         Section 4.  Subsection (7) of section 20.255, Florida

19  Statutes, 1998 Supplement, is amended to read:

20         20.255  Department of Environmental Protection.--There

21  is created a Department of Environmental Protection.

22         (7)  There is created as a part of the Department of

23  Environmental Protection an Environmental Regulation

24  Commission. The commission shall be composed of seven

25  residents of this state appointed by the Governor, subject to

26  confirmation by the Senate. The commission shall include one,

27  but not more than two, members from each water management

28  district who have resided in the district for at least 1 year,

29  and the remainder shall be selected from the state at large.

30  Membership shall be representative of agriculture, the

31  development industry, local government, the environmental

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  1  community, lay citizens, and members of the scientific and

  2  technical community who have substantial expertise in the

  3  areas of the fate and transport of water pollutants,

  4  toxicology, epidemiology, geology, biology, environmental

  5  sciences, or engineering. The Governor shall appoint the

  6  chair, and the vice chair shall be elected from among the

  7  membership. Members of the commission shall be appointed to

  8  terms of 4 years each. A vacancy shall be filled for the

  9  unexpired portion of the term in the same manner as the

10  original appointment. The members serving on the commission on

11  July 1, 1995, shall continue to serve on the commission for

12  the remainder of their current terms. All appointments

13  thereafter shall continue to be for 4-year terms. The Governor

14  may at any time fill a vacancy for the unexpired term. The

15  members of the commission shall serve without compensation,

16  but are entitled to reimbursement for shall be paid travel and

17  per diem expenses as provided in s. 112.061 while in the

18  performance of their official duties. Administrative,

19  personnel, and other support services necessary for the

20  commission shall be furnished by the department.

21         Section 5.  Paragraph (a) of subsection (6) of section

22  20.315, Florida Statutes, 1998 Supplement, is amended to read:

23         20.315  Department of Corrections.--There is created a

24  Department of Corrections.

25         (6)  FLORIDA CORRECTIONS COMMISSION.--

26         (a)1.  The Florida Corrections Commission is hereby

27  created. The primary focus of the commission shall be on

28  corrections; however, in those instances in which the policies

29  of other components of the criminal justice system affect

30  corrections, the commission shall advise and make

31  recommendations.

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  1         2.  The commission shall consist of nine members

  2  appointed by the Governor subject to confirmation by the

  3  Senate. The initial members of the commission shall be

  4  appointed by October 1, 1994. Members of the commission shall

  5  be appointed to serve terms of 4 years each, except that four

  6  of the initial members shall be appointed for terms of 2 years

  7  each. Members must be appointed in such a manner as to

  8  equitably represent all geographic areas of the state. Each

  9  member of the commission must be a citizen and registered

10  voter of the state. A member of the commission shall represent

11  the public safety needs of the state as a whole and may not

12  subordinate the needs of the state to those of any particular

13  area of the state. The commission's membership should, to the

14  extent possible, contain persons who are knowledgeable about

15  construction, health care, information technology, education,

16  business, food services, law, and inmate and youthful offender

17  rehabilitation and services.

18         3.  The commission is assigned to the office of the

19  Secretary of Corrections for administrative and fiscal

20  accountability purposes, but it shall otherwise function

21  independently of the control and direction of the Department

22  of Corrections.

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

24  20.316, Florida Statutes, 1998 Supplement, is amended to read:

25         20.316  Department of Juvenile Justice.--There is

26  created a Department of Juvenile Justice.

27         (1)  SECRETARY OF JUVENILE JUSTICE.--

28         (a)  The head of the Department of Juvenile Justice is

29  the Secretary of Juvenile Justice. The secretary of the

30  department shall be appointed by the Governor, subject to

31

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  1  confirmation by the Senate, and shall serve at the pleasure of

  2  the Governor.

  3         Section 7.  Subsection (1) of section 20.41, Florida

  4  Statutes, is amended to read:

  5         20.41  Department of Elderly Affairs.--There is created

  6  a Department of Elderly Affairs.

  7         (1)  The head of the department is the Secretary of

  8  Elderly Affairs. The secretary must be appointed by the

  9  Governor, subject to confirmation by the Senate. The

10  requirement for Senate confirmation applies to any person so

11  appointed on or after July 1, 1994. The secretary serves at

12  the pleasure of the Governor. The secretary shall administer

13  the affairs of the department and may employ assistants,

14  professional staff, and other employees as necessary to

15  discharge the powers and duties of the department.

16         Section 8.  Subsection (3) of section 186.504, Florida

17  Statutes, is amended to read:

18         186.504  Regional planning councils; creation;

19  membership.--

20         (3)  Not less than two-thirds of the representatives

21  serving as voting members on the governing bodies of such

22  regional planning councils shall be elected officials of local

23  general-purpose governments chosen by the municipalities

24  cities and counties of the region, provided each county shall

25  have at least one vote.  The remaining one-third of the voting

26  members on the governing board shall be appointed by the

27  Governor to terms of 3 years each, subject to confirmation by

28  the Senate, and shall reside in the region.  No two appointees

29  of the Governor shall have their places of residence in the

30  same county until each county within the region is represented

31  by a Governor's appointee to the governing board. Nothing

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  1  contained in this section shall deny to local governing bodies

  2  or the Governor the option of appointing either locally

  3  elected officials or lay citizens provided at least two-thirds

  4  of the governing body of the regional planning council is

  5  composed of locally elected officials.

  6         Section 9.  Subsection (1) of section 231.545, Florida

  7  Statutes, is amended to read:

  8         231.545  Education Standards Commission;

  9  organization.--

10         (1)  There is created the Education Standards

11  Commission, to consist of 24 members appointed by the State

12  Board of Education from nominations by the Commissioner of

13  Education and subject to Senate confirmation. Prior to making

14  nominations, the commissioner shall consult with the teaching

15  and other involved associations in the state.  In making

16  nominations, the commissioner shall attempt to achieve equal

17  geographical representation, as closely as possible.  The

18  members shall include:

19         (a)  Twelve teachers at least one of whom is a teacher

20  in a private institution who is certified by the Department of

21  Education and one of whom is certified as a vocational

22  teacher.

23         (b)  One superintendent.

24         (c)  One school principal.

25         (d)  One school personnel officer, to be appointed on

26  the date of the first expiration of a school principal's term.

27         (e)  One teacher education/inservice director.

28         (f)  Four citizens, two of whom are school board

29  members.

30         (g)  Three representatives from higher education, two

31  of whom are deans of colleges, schools, or departments of

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  1  education and one of whom is employed by an independent

  2  institution.

  3         (h)  One administrative representative from a community

  4  college.

  5         Section 10.  Subsection (2) of section 240.145, Florida

  6  Statutes, is amended to read:

  7         240.145  Postsecondary Education Planning Commission.--

  8         (2)  The commission shall be composed of 11 members of

  9  the general public and one full-time student representing the

10  postsecondary education system of the state.  Each member

11  shall be appointed by the Governor, approved by three members

12  of the State Board of Education other than the Governor, and

13  confirmed by the Senate.  Members shall be appointed to serve

14  staggered 4-year terms, except for the full-time student

15  member, who shall be appointed to serve for 1 year; however,

16  of the initial nonstudent appointees, two shall hold 1-year

17  terms, three shall hold 2-year terms, three shall hold 3-year

18  terms, and three shall hold 4-year terms.  The student member

19  shall be selected annually with the qualification that he or

20  she be a registered full-time student at a postsecondary

21  educational institution as defined in chapter 230, relating to

22  public area technical centers; in this chapter, relating to

23  public community colleges and universities; or in chapter 246,

24  relating to nonpublic colleges, universities, and vocational

25  schools.  The members of the commission shall elect a chair

26  annually.  The Governor shall fill all vacancies, subject to

27  approval and confirmation, that may at any time occur on the

28  commission.

29         Section 11.  Subsection (3) of section 240.313, Florida

30  Statutes, is amended to read:

31

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  1         240.313  Community college districts; establishment and

  2  organization of boards of trustees.--

  3         (3)  Trustees shall be appointed by the Governor,

  4  approved by four members of the State Board of Education, and

  5  confirmed by the Senate in regular session; however, no

  6  appointee shall take office until after his or her appointment

  7  has been approved by four members of the State Board of

  8  Education; further, the State Board of Education shall develop

  9  rules and procedures for review and approval of the

10  appointees. Each member of the board of trustees of a

11  community college shall be appointed to serve a term of 4

12  years. Prior to the time the Governor appoints any member of

13  any community college district board of trustees, the school

14  board or boards in the community college district may submit

15  to the Governor for his or her consideration the names of two

16  or more persons for each office.

17         Section 12.  Subsection (2) of section 246.205, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         246.205  State Board of Nonpublic Career Education.--

20         (2)  Each of the members shall be appointed by the

21  Governor, subject to confirmation by the Senate, for a term of

22  3 years.  Of the original members appointed by the Governor,

23  three shall serve for terms of 1 year, three shall serve for

24  terms of 2 years, and three shall serve for terms of 3 years.

25  Of the appointive members from the nonpublic postsecondary

26  career schools, each shall have occupied executive or

27  managerial positions in a nonpublic postsecondary career

28  school in this state for at least 5 years.  All members shall

29  be residents of this state.  In the event of a vacancy on the

30  board caused other than by the expiration of a term, the

31

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  1  Governor shall appoint a successor to serve the unexpired

  2  term.

  3         Section 13.  Subsection (3) of section 288.707, Florida

  4  Statutes, is amended to read:

  5         288.707  Florida Black Business Investment Board.--

  6         (3)  There is hereby created within the Office of

  7  Tourism, Trade, and Economic Development a body politic and

  8  corporate to be known as the Florida Black Business Investment

  9  Board, hereinafter referred to as the "board." The board is

10  hereby constituted as a public instrumentality, and the

11  exercise by the board of the powers conferred by ss. 9-21,

12  chapter 85-104, Laws of Florida, shall be deemed to be the

13  performance of an essential governmental function.

14         (a)  The board shall consist of seven members appointed

15  by the Governor subject to confirmation by the Senate, six of

16  whom shall be experienced in investment finance and business

17  development and, one of whom must be a member of a black

18  business investment corporation. The chair of the Florida

19  Development Finance Corporation, created pursuant to s.

20  288.9604, shall be an ex officio member of the board.

21         (b)  Members appointed by the Governor shall be

22  appointed to serve terms of 4 years, except that in making the

23  initial appointments, the Governor shall appoint one member to

24  serve for a term of 1 year, two members to serve for terms of

25  2 years, two members to serve for terms of 3 years, and two

26  members to serve for terms of 4 years.

27         (c)  Any person appointed to fill a vacancy on the

28  board shall be appointed in a like manner and shall be

29  appointed to serve for only the unexpired term.  Any member

30  shall be eligible for reappointment.

31

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  1         (c)(d)  The Governor shall appoint the chairperson who

  2  shall be a member of the board.  The board shall annually

  3  elect one of its members as vice chairperson and shall

  4  designate a secretary-treasurer who need not be a member of

  5  the board.  The secretary-treasurer shall keep a record of the

  6  proceedings of the board and shall be the custodian of all

  7  books, documents, and papers filed with the board, of the

  8  minute books of the board, and of its official seal.  A

  9  majority of the members of the board shall constitute a

10  quorum.

11         (d)(e)  Members of the board shall serve without

12  compensation, but are entitled to reimbursement shall be

13  reimbursed for per diem and travel expenses in accordance with

14  s. 112.061.

15         (e)(f)  Each member of the board shall file full and

16  public disclosure of financial interests at the times and

17  places and in the same manner required of elected

18  constitutional officers under s. 8, Art. II of the State

19  Constitution and any law implementing s. 8, Art. II of the

20  State Constitution.

21         Section 14.  Subsection (11) of section 288.901,

22  Florida Statutes, is amended to read:

23         288.901  Enterprise Florida, Inc.; creation;

24  membership; organization; meetings; disclosure.--

25         (11)  Each member of the board of directors of

26  Enterprise Florida, Inc., who was appointed after June 30,

27  1992, and who is not otherwise required to file financial

28  disclosure pursuant to s. 8, Art. II of the State Constitution

29  or s. 112.3144, shall file disclosure of financial interests

30  pursuant to s. 112.3145.

31

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  1         Section 15.  Section 288.9412, Florida Statutes, is

  2  amended to read:

  3         288.9412  International Trade and Economic Development

  4  Board.--

  5         (1)  There is created within the nonprofit corporate

  6  structure of Enterprise Florida, Inc., a nonprofit

  7  public-private board known as the Florida International Trade

  8  and Economic Development Board the purpose of which shall be

  9  to advise and assist in promoting and developing international

10  trade and reverse investment; marketing the state for

11  potential new investment; and creating, expanding, and

12  retaining Florida businesses.

13         (2)  The International Trade and Economic Development

14  Board shall be governed by a board of directors.  The board of

15  directors shall consist of the following members:

16         (a)  The Lieutenant Governor or the Lieutenant

17  Governor's designee.

18         (b)  The president of the Florida Chamber of Commerce

19  or the president's designee.

20         (c)  The Secretary of State or the secretary's

21  designee.

22         (d)  The chairperson of the Florida State Rural

23  Development Council or the chairperson's designee.

24         (e)  A member of the Senate, who shall be appointed by

25  the President of the Senate as an ex officio member of the

26  board and serve at the pleasure of the President.

27         (f)  A member of the House of Representatives, who

28  shall be appointed by the Speaker of the House of

29  Representatives as an ex officio member of the board and serve

30  at the pleasure of the Speaker of the House of

31  Representatives.

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  1         (g)  Members to be appointed by the Governor, subject

  2  to confirmation by the Senate, consisting of the following:

  3         (g)1.  The chairperson of the World Trade Association

  4  of Florida or the chairperson's designee.

  5         2.  Two representatives from the state's deepwater

  6  ports, chosen from a list of three names submitted to the

  7  Governor by the Florida Ports Council. One representative

  8  shall be from the Gulf of Mexico coast ports, and one

  9  representative shall be from the Atlantic coast ports.

10         (h)3.  The chairperson of the Florida Airport Managers

11  Association or the chairperson's designee.

12         (i)4.  The chairperson of the Florida Custom Brokers

13  and Forwarders Association or the chairperson's designee.

14         5.  A person having extensive experience in foreign

15  language instruction or international education.

16         (j)6.  The chairperson of the International Law Section

17  of The Florida Bar or the chairperson's designee.

18         (k)7.  The chairperson of the Florida International

19  Banking Association or the chairperson's designee.

20         8.  A representative of a company in this state that is

21  actively engaged in the manufacture of products in this state

22  for sale in foreign markets.

23         9.  A member of the Florida Citrus Commission

24  experienced in the exportation of citrus products who owns,

25  operates, or is employed by a major company in this state that

26  is actively engaged in the exportation of citrus products from

27  this state to international markets.

28         10.  A representative of a major multinational company

29  with offices in this state.

30         (l)11.  The chairperson of the Latin Chamber of

31  Commerce of the United States or the chairperson's designee.

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  1         (m)  Fifteen to 17 members from the public and private

  2  sector, appointed by the Governor, subject to confirmation by

  3  the Senate, consisting of the following:

  4         1.  Two representatives from the state's deepwater

  5  ports, chosen from a list of three names submitted to the

  6  Governor by the Florida Ports Council.  One representative

  7  shall be from the Gulf of Mexico coast ports, and one

  8  representative shall be from the Atlantic coast ports.

  9         2.  A person having extensive experience in foreign

10  language instruction or international education.

11         3.  A representative of a company in this state which

12  is actively engaged in the manufacture of products in this

13  state for sale in foreign markets.

14         4.  A member of the Florida Citrus Commission

15  experienced in the exportation of citrus products who owns,

16  operates, or is employed by a major company in this state

17  which is actively engaged in the exportation of citrus

18  products from this state to international markets.

19         5.  A representative of a major multinational company

20  with offices in this state.

21         6.  A member representing a municipal economic

22  development organization.

23         7.  A member representing a county economic development

24  organization.

25         8.  A member representing a regional economic

26  development organization.

27         9.  A member representing an international economic

28  development organization.

29         10.  A member who, at the time of appointment, is a

30  board member of a community development corporation that meets

31  the requirements of s. 290.035.

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  1         11.  The remaining members representing and being

  2  actively involved in businesses in this state.

  3         (h)  Nine to 11 members from the public and private

  4  sector, consisting of one member representing a municipal

  5  economic development organization, one member representing a

  6  county economic development organization, one member

  7  representing a regional economic development organization, one

  8  member representing an international economic development

  9  organization, and one member who, at the time of appointment,

10  is a board member of a community development corporation that

11  meets the requirements of s. 290.035, with the remaining

12  members representing, and being actively involved in, Florida

13  business, who shall be appointed by the Governor, subject to

14  Senate confirmation.

15         (3)  Members appointed by the Governor shall be

16  appointed for terms of 4 years, except that, in making the

17  initial appointments, the Governor shall appoint three to five

18  members for terms of 4 years, three members for terms of 3

19  years, and three members for terms of 2 years.

20         (4)  The chair and vice chair of Enterprise Florida,

21  Inc., shall jointly select a list of nominees for appointment

22  to the board from a slate of candidates submitted by

23  Enterprise Florida, Inc.  The chair and vice chair of

24  Enterprise Florida, Inc., may request that additional

25  candidates be submitted by Enterprise Florida, Inc., if the

26  chair and vice chair cannot agree on a list of nominees

27  submitted.  Appointments to the board of directors shall be

28  made by the Governor from the list of nominees jointly

29  selected by the chair and vice chair of Enterprise Florida,

30  Inc.  Appointees shall represent all geographic regions of the

31  state, including both urban and rural regions.  The importance

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  1  of minority and gender representation shall be considered when

  2  making nominations for each position on the board of

  3  directors.

  4         (5)  The Governor shall appoint the initial 9 to 11

  5  members from the public and private sector to the board within

  6  30 days after receipt of the nominations from the chair and

  7  vice chair of Enterprise Florida, Inc.

  8         (5)(6)  A vacancy on the board shall be filled for the

  9  remainder of the unexpired term in the same manner as the

10  original appointment.

11         (6)(7)  A member may be removed by the Governor for

12  cause. Absence from three consecutive meetings results in

13  automatic removal.

14         Section 16.  Section 288.9512, Florida Statutes, is

15  amended to read:

16         288.9512  Technology development board; creation;

17  purpose; membership.--

18         (1)  There is created within the nonprofit corporate

19  structure of Enterprise Florida, Inc., a nonprofit

20  public-private board the purpose of which shall be to foster

21  growth of high technology and other value-added industries and

22  jobs in this state and to provide leadership and

23  market-driven, performance-based economic development tools to

24  create the diverse cross section of innovation-driven firms

25  which is essential to a competitive economy in this state,

26  characterized by better employment opportunities leading to

27  higher wages.

28         (2)  The board shall be governed by a board of

29  directors.  The board of directors shall consist of the

30  following members:

31

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  1         (a)  The Chancellor of the State University System or

  2  the Chancellor's designee.

  3         (b)  The executive director of the State Community

  4  College System or the executive director's designee.

  5         (c)  A member of the Senate, who shall be appointed by

  6  the President of the Senate as an ex officio member of the

  7  board and serve at the pleasure of the President.

  8         (d)  A member of the House of Representatives, who

  9  shall be appointed by the Speaker of the House of

10  Representatives as an ex officio member of the board and serve

11  at the pleasure of the Speaker of the House of

12  Representatives.

13         (e)  Nine to 11 members from the public and private

14  sector, consisting of, but not limited to, individuals who

15  represent technology-based businesses and industrial interests

16  throughout the state who shall be appointed by the Governor,

17  subject to Senate confirmation.

18         (3)  Members appointed by the Governor shall be

19  appointed for terms of 4 years, except that, in making the

20  initial appointments, the Governor shall appoint three to five

21  members for terms of 4 years, three members for terms of 3

22  years, and three members for terms of 2 years.

23         (4)  The chair and vice chair of Enterprise Florida,

24  Inc., shall jointly select a list of nominees for appointment

25  to the board of directors from a slate of candidates submitted

26  by Enterprise Florida, Inc.  The chair and vice chair of

27  Enterprise Florida, Inc., may request that additional

28  candidates be submitted by Enterprise Florida, Inc., if the

29  chair and vice chair cannot agree on a list of nominees

30  submitted.  Appointments to the board of directors shall be

31  made by the Governor from the list of nominees jointly

                                  24

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  1  selected by the chair and vice chair of Enterprise Florida,

  2  Inc. Appointees shall represent all geographic regions of the

  3  state, including both urban and rural regions.  The importance

  4  of minority and gender representation shall be considered when

  5  making nominations for each position on the board of

  6  directors.

  7         (5)  The Governor shall appoint the initial 9 to 11

  8  members from the public and private sector to the board of

  9  directors within 30 days after receipt of the nominations from

10  the chair and vice chair of Enterprise Florida, Inc.

11         (5)(6)  A vacancy on the board of directors shall be

12  filled for the remainder of the unexpired term in the same

13  manner as the original appointment.

14         (6)(7)  A member may be removed by the Governor for

15  cause. Absence from three consecutive meetings results in

16  automatic removal.

17         Section 17.  Subsection (3) of section 288.9604,

18  Florida Statutes, is amended to read:

19         288.9604  Creation of the authority.--

20         (3)  Upon activation of the corporation, the Governor,

21  subject to confirmation by the Senate, shall appoint the board

22  of directors of the corporation, who shall be five in number.

23  The terms of office for the directors shall be for 4 years,

24  except that three of the initial directors shall be designated

25  to serve terms of 1, 2, and 3 years, respectively, from the

26  date of their appointment, and all other directors shall be

27  designated to serve terms of 4 years from the date of their

28  appointment. A vacancy occurring during a term shall be filled

29  for the unexpired term. A director shall be eligible for

30  reappointment. At least three of the directors of the

31  corporation shall be bankers who have been selected by the

                                  25

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  1  Governor from a list of bankers who were nominated by the

  2  Enterprise Florida capital development board, and one of the

  3  directors shall be an economic development specialist. The

  4  chairperson of the Florida Black Business Investment Board

  5  shall be an ex officio member of the board of the corporation.

  6         Section 18.  Section 288.9611, Florida Statutes, is

  7  amended to read:

  8         288.9611  Capital development board; creation, purpose,

  9  membership.--

10         (1)  There is created within the nonprofit corporate

11  structure of Enterprise Florida, Inc., a nonprofit

12  public-private board the purpose of which shall be to create a

13  Florida economy characterized by better employment

14  opportunities leading to higher wages by building access to

15  financial markets for firms critical to this mission.  The

16  board shall be comprised of members from the private and

17  public sectors of Florida and shall use leadership,

18  investment, and changes in public policy in formulating

19  recommendations to ensure access to the most appropriate forms

20  of finance for such firms on a scale sufficient to achieve the

21  purpose of this board.

22         (2)  The capital development board shall be governed by

23  a board of directors.  The board of directors shall consist of

24  the following members:

25         (a)  A member of the Senate, who shall be appointed by

26  the President of the Senate as an ex officio member of the

27  board and serve at the pleasure of the President.

28         (b)  A member of the House of Representatives, who

29  shall be appointed by the Speaker of the House of

30  Representatives as an ex officio member of the board and serve

31  at the pleasure of the Speaker.

                                  26

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  1         (c)  Nine to 11 members from the public and private

  2  sector consisting of, but not limited to, at least three

  3  representatives of the commercial banking industry, a

  4  representative of the venture capital industry, an economic

  5  development professional, and a manufacturing industry

  6  representative, who shall be appointed by the Governor from a

  7  list of nominees as provided herein, subject to Senate

  8  confirmation.

  9         (3)  Members appointed by the Governor shall be

10  appointed for terms of 4 years, except that in making the

11  initial appointments, the Governor shall appoint three members

12  for terms of 4 years, three members for terms of 3 years, and

13  three members for terms of 2 years.

14         (4)  The chair and vice chair of Enterprise Florida,

15  Inc., shall jointly select a list of nominees for appointment

16  to the board of directors from a slate of candidates submitted

17  by Enterprise Florida, Inc.  The chair and vice chair of

18  Enterprise Florida, Inc., may request that additional

19  candidates be submitted by Enterprise Florida, Inc., if the

20  chair and vice chair cannot agree on a list of nominees

21  submitted.  Appointments to the board of directors shall be

22  made by the Governor from the list of nominees jointly

23  selected by the chair and vice chair of Enterprise Florida,

24  Inc. Appointees shall represent all geographic regions of the

25  state, including both urban and rural regions.  The importance

26  of minority and gender representation shall be considered when

27  making nominations for each position on the board of

28  directors.

29         (5)  The Governor shall appoint the initial 9 to 11

30  members from the public and private sector to the board of

31

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  1  directors within 30 days after receipt of the list of nominees

  2  from the chair and vice chair of Enterprise Florida, Inc.

  3         (5)(6)  A vacancy on the board of directors shall be

  4  filled for the remainder of the unexpired term.

  5         (6)(7)  Appointive members may be removed by the

  6  Governor for cause. Absence from three consecutive meetings

  7  results in automatic removal.

  8         Section 19.  Subsections (3) and (4) of section

  9  288.9620, Florida Statutes, are amended to read:

10         288.9620  Workforce development board.--

11         (3)  The workforce development board shall be governed

12  by a board of directors. The board of directors is to consist

13  of the following members:

14         (a)  The Commissioner of Education.

15         (b)  The Secretary of the Department of Elderly

16  Affairs.

17         (c)  The Secretary of Children and Family the

18  Department of Health and Rehabilitative Services.

19         (d)  The Secretary of the Department of Labor and

20  Employment Security.

21         (e)  The Chancellor of the State University System or

22  the Chancellor's designee.

23         (f)  The executive director of the State Community

24  College System or the executive director's designee.

25         (g)  A member of the Senate, to be appointed by the

26  President of the Senate as an ex officio member of the board

27  and serve at the pleasure of the President.

28         (h)  A member of the House of Representatives, to be

29  appointed by the Speaker of the House of Representatives as an

30  ex officio member of the board and serve at the pleasure of

31  the Speaker.

                                  28

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  1         (i)  Eleven to 13 members from the public and private

  2  sectors who possess an understanding of the broad spectrum of

  3  education, training, and employment needs of the residents of

  4  the state, with the majority from the private sector, to be

  5  appointed by the Governor, subject to Senate confirmation.

  6  These members must represent those industries critical to the

  7  state's economic base, as well as that portion of the state's

  8  population which has limited employment skills and work

  9  experience. The members from the public sector must also

10  include an occupational dean of a community college and a

11  school district vocational director with responsibility for

12  postsecondary programs. The members from the private sector

13  must include a private business representative from a private

14  industry council, a representative of organized labor, and a

15  representative from a licensed, independent postsecondary

16  institution that conducts vocational education and job

17  training programs in the state.

18         (j)  Additional members may be appointed, subject to

19  Senate confirmation, when necessary to conform to the

20  requirements of the Job Training Partnership Act or the

21  requirements of any other federal act establishing or

22  designating a Human Resources Investment Council or other

23  federal workforce development board.

24         (k)  Private sector Members appointed by the Governor

25  must be appointed for 4-year, staggered terms. Public sector

26  members appointed by the Governor shall serve at the pleasure

27  of the Governor. After July 1, 1996, public sector members

28  appointed by the Governor must be appointed to 4-year terms.

29         (4)(a)  The chair and vice chair of Enterprise Florida,

30  Inc., shall jointly select a list of nominees for appointment

31  to the board of directors from a slate of candidates submitted

                                  29

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  1  by Enterprise Florida, Inc.  The chair and vice chair of

  2  Enterprise Florida, Inc., may request that additional

  3  candidates be submitted by Enterprise Florida, Inc., if the

  4  chair and vice chair cannot agree on a list of nominees

  5  submitted.  Appointments to the board of directors shall be

  6  made by the Governor from the list of nominees jointly

  7  selected by the chair and vice chair of Enterprise Florida,

  8  Inc.  Appointees shall represent all geographic regions of the

  9  state, including both urban and rural regions.  The importance

10  of minority and gender representation shall be considered when

11  making nominations for each position on the board of

12  directors.  A vacancy on the board of directors shall be

13  filled for the remainder of the unexpired term in the same

14  manner as the original appointment.

15         (b)  The Governor shall appoint the initial members

16  from the public sector and private sector to the board of

17  directors within 30 days after the receipt of the nominations

18  from Enterprise Florida, Inc.

19         (b)(c)  A member may be removed by the Governor for

20  cause. Absence from three consecutive meetings results in

21  automatic removal.

22         (c)(d)  The State Job Training Coordinating Council

23  shall appoint an advisory committee, which must include a

24  member of a private industry council. This committee, the

25  Committee of Practitioners established as required by Pub. L.

26  No. 101-392, and the Quick-Response Advisory Committee,

27  established by s. 288.047, shall provide the board with

28  technical advice, policy consultation, and information about

29  workforce development issues.

30         Section 20.  Section 331.308, Florida Statutes, is

31  amended to read:

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  1         331.308  Board of supervisors.--

  2         (1)  There is created within the Spaceport Florida

  3  Authority a board of supervisors consisting of seven regular

  4  members, who shall be appointed by the Governor, and two ex

  5  officio nonvoting members, one of whom shall be a state

  6  senator selected by the President of the Senate and one of

  7  whom shall be a state representative selected by the Speaker

  8  of the House of Representatives, all of whom shall be subject

  9  to confirmation by the Senate at the next regular session of

10  the Legislature.  Each of the regular board members must be a

11  resident of the state and must have experience in the

12  aerospace or commercial space industry or in finance or have

13  other significant relevant experience.  One regular member

14  shall represent organized labor interests and one regular

15  member shall represent minority interests. In addition to the

16  regular members, there shall be two ex officio nonvoting

17  members, one of whom shall be a member of the Senate,

18  appointed by the President of the Senate, and one of whom

19  shall be a member of the House of Representatives, appointed

20  by the Speaker of the House of Representatives.

21         (2)  Initially, the Governor shall appoint four regular

22  members for terms of 3 years or until successors are appointed

23  and qualified and three regular members for terms of 4 years

24  or until successors are appointed and qualified.  Thereafter,

25  Each regular such member shall serve a term of 4 years or

26  until a successor is appointed and qualified.  The term of

27  each such member shall be construed to commence on the date of

28  appointment and to terminate on June 30 of the year of the end

29  of the term.  The terms for such members initially appointed

30  shall be construed to include the time between initial

31  appointment and June 30, 1992, for those appointed for 3-year

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  1  terms, and June 30, 1993, for those appointed for 4-year

  2  terms.  No such member shall be allowed to serve an initial

  3  3-year term or fill any vacancy for the remainder of a term

  4  for less than 4 years. Appointment to the board does shall not

  5  preclude a any such member from holding any other private or

  6  public position.

  7         (3)  The ex officio nonvoting members shall serve on

  8  the board for 2-year terms.

  9         (4)  Any vacancy on the board shall be filled for the

10  balance of the unexpired term.

11         (5)  Initial appointments shall be made no later than

12  60 days after this act takes effect.

13         (5)(6)  The board shall hold its initial meeting no

14  later than 20 days after the members have been appointed.  At

15  its initial meeting, or as soon thereafter as is practicable,

16  The board shall appoint an executive director.  Meetings shall

17  be held quarterly or more frequently at the call of the chair.

18  A majority of the regular members of the board shall

19  constitute a quorum, and a majority vote of such members

20  present is necessary for any action taken by the board.

21         (6)(7)  The Governor may has the authority to remove

22  from the board any regular member in the manner and for cause

23  as defined by the laws of this state and applicable to

24  situations that which may arise before the board.  Unless

25  excused by the chair of the board, a regular member's absence

26  from two or more consecutive board meetings creates a vacancy

27  in the office to which the member was appointed.

28         Section 21.  Subsection (2) of section 349.03, Florida

29  Statutes, is amended to read:

30         349.03  Jacksonville Transportation Authority.--

31

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  1         (2)  The governing body of the authority shall consist

  2  of seven members.  Three members shall be appointed by the

  3  Governor and confirmed by the Senate.  Three members shall be

  4  appointed by the mayor of the City of Jacksonville subject to

  5  confirmation by the council of the City of Jacksonville.  The

  6  seventh member shall be the district secretary of the

  7  Department of Transportation serving in the district that

  8  contains the City of Jacksonville. Except for the seventh

  9  member, members shall be residents and qualified electors of

10  the City of Jacksonville.  The members of the authority

11  holding office on July 1, 1979, shall continue in office until

12  the expiration of their terms as if this section were not in

13  effect, to ensure staggered terms, and their successors shall

14  thereafter be appointed by either the mayor or the Governor,

15  whoever appointed the retiring member.

16         Section 22.  Subsections (2) and (4) of section 350.01,

17  Florida Statutes, are amended to read:

18         350.01  Florida Public Service Commission; terms of

19  commissioners; vacancies; election and duties of chair;

20  quorum; proceedings.--

21         (2)(a)  Each commissioner shall be appointed for a term

22  of 4 years serving on July 1, 1978, shall be permitted to

23  remain in office until the completion of his or her current

24  term.  Upon the expiration of the term, a successor shall be

25  appointed in the manner prescribed by s. 350.031(3) and (4)

26  for a 4-year term, except that the terms of the initial

27  members appointed under this act shall be as follows:

28         1.  The vacancy created by the present term ending in

29  January, 1981, shall be filled by appointment for a 4-year

30  term and for 4-year terms thereafter; and

31

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  1         2.  The vacancies created by the two present terms

  2  ending in January, 1979, shall be filled by appointment for a

  3  3-year term and for 4-year terms thereafter.

  4         (b)  Two additional commissioners shall be appointed in

  5  the manner prescribed by s. 350.031(3) and (4) for 4-year

  6  terms beginning the first Tuesday after the first Monday in

  7  January, 1979, and successors shall be appointed for 4-year

  8  terms thereafter.

  9         (c)  Vacancies on the commission shall be filled for

10  the unexpired portion of the term in the same manner as

11  original appointments to the commission.

12         (4)  One member of the commission shall be elected by

13  majority vote to serve as chair for a term of 2 years,

14  commencing on beginning with the first Tuesday after the first

15  Monday in January of odd-numbered years 1979.  A member may

16  not serve two consecutive terms as chair.

17         Section 23.  Subsections (1) and (2) of section 370.19,

18  Florida Statutes, are amended to read:

19         370.19  Atlantic States Marine Fisheries Compact;

20  implementing legislation.--

21         (1)  FORM.--The Governor of this state is hereby

22  authorized and directed to execute a compact on behalf of the

23  State of Florida with any one or more of the States of Maine,

24  New Hampshire, Massachusetts, Rhode Island, Connecticut, New

25  York, New Jersey, Delaware, Maryland, Virginia, North

26  Carolina, South Carolina, and Georgia, and with such other

27  states as may enter into the compact, legally joining therein

28  in the form substantially as follows:

29

30                 ATLANTIC STATES MARINE FISHERIES

31                             COMPACT

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  1

  2         The contracting states solemnly agree:

  3

  4                            ARTICLE I

  5

  6         The purpose of this compact is to promote the better

  7  utilization of the fisheries, marine, shell, and anadromous,

  8  of the Atlantic seaboard by the development of a joint program

  9  for the promotion and protection of such fisheries, and by the

10  prevention of the physical waste of the fisheries from any

11  cause.  It is not the purpose of this compact to authorize the

12  states joining herein to limit the production of fish or fish

13  products for the purpose of establishing or fixing the price

14  thereof, or creating and perpetuating a monopoly.

15

16                            ARTICLE II

17

18         This agreement shall become operative immediately as to

19  those states executing it whenever any two or more of the

20  States of Maine, New Hampshire, Massachusetts, Rhode Island,

21  Connecticut, New York, New Jersey, Delaware, Maryland,

22  Virginia, North Carolina, South Carolina, Georgia and Florida

23  have executed it in the form that is in accordance with the

24  laws of the executing state and the Congress has given its

25  consent.  Any state contiguous with any of the aforementioned

26  states and riparian upon waters frequented by anadromous fish,

27  flowing into waters under the jurisdiction of any of the

28  aforementioned states, may become a party hereto as

29  hereinafter provided.

30

31                           ARTICLE III

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  1

  2         Each state joining herein shall appoint three

  3  representatives to a commission hereby constituted and

  4  designated as the Atlantic States Marine Fisheries Commission.

  5  One shall be the executive officer of the administrative

  6  agency of such state charged with the conservation of the

  7  fisheries resources to which this compact pertains or, if

  8  there be more than one officer or agency, the official of that

  9  state named by the governor thereof.  The second shall be a

10  member of the legislature of such state designated by the

11  commission or committee on interstate cooperation house

12  committee on commerce and reciprocal trade of such state, or

13  if there be none, or if the commission on interstate

14  cooperation cannot constitutionally designate the member, such

15  legislator shall be designated by the governor thereof;

16  however, if it is constitutionally impossible to appoint a

17  legislator as a commissioner from such state, the second

18  member shall be appointed by the governor of the state, at his

19  or her discretion. The third shall be a citizen who shall have

20  a knowledge of and interest in the marine fisheries problem to

21  be appointed by the governor. This commission shall be a body

22  corporate with the powers and duties set forth herein.

23

24                            ARTICLE IV

25

26         The duty of the said commission shall be to make

27  inquiry and ascertain from time to time such methods,

28  practices, circumstances and conditions as may be disclosed

29  for bringing about the conservation and the prevention of the

30  depletion and physical waste of the fisheries, marine, shell

31  and anadromous, of the Atlantic seaboard.  The commission

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  1  shall have power to recommend the coordination of the exercise

  2  of the police powers of the several states within their

  3  respective jurisdictions to promote the preservation of those

  4  fisheries and their protection against overfishing, waste,

  5  depletion or any abuse whatsoever and to assure a continuing

  6  yield from the fisheries resources of the aforementioned

  7  states.

  8         To that end the commission shall draft and, after

  9  consultation with the advisory committee hereinafter

10  authorized, recommend to the governors and legislatures of the

11  various signatory states legislation dealing with the

12  conservation of the marine, shell and anadromous fisheries of

13  the Atlantic seaboard.  The commission shall, more than one

14  month prior to any regular meeting of the legislature in any

15  signatory state, present to the governor of the state its

16  recommendations relating to enactments to be made by the

17  legislature of that state in furthering the intents and

18  purposes of this compact.

19         The commission shall consult with and advise the

20  pertinent administrative agencies in the states party hereto

21  with regard to problems connected with the fisheries and

22  recommend the adoption of such regulations as it deems

23  advisable.

24         The commission shall have power to recommend to the

25  states party hereto the stocking of the waters of such states

26  with fish and fish eggs or joint stocking by some or all of

27  the states party hereto and when two or more of the states

28  shall jointly stock waters the commission shall act as the

29  coordinating agency for such stocking.

30

31                            ARTICLE V

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  1

  2         The commission shall elect from its number a chair and

  3  a vice chair and shall appoint and at its pleasure remove or

  4  discharge such officers and employees as may be required to

  5  carry the provisions of this compact into effect and shall fix

  6  and determine their duties, qualifications and compensation.

  7  Said commission shall adopt rules and regulations for the

  8  conduct of its business.  It may establish and maintain one or

  9  more offices for the transaction of its business and may meet

10  at any time or place but must meet at least once a year.

11

12                            ARTICLE VI

13

14         No action shall be taken by the commission in regard to

15  its general affairs except by the affirmative vote of a

16  majority of the whole number of compacting states present at

17  any meeting.  No recommendation shall be made by the

18  commission in regard to any species of fish except by the

19  affirmative vote of a majority of the compacting states which

20  have an interest in such species. The commission shall define

21  what shall be an interest.

22

23                           ARTICLE VII

24

25         The Fish and Wildlife Service of the Department of the

26  Interior of the Government of the United States shall act as

27  the primary research agency of the Atlantic States Marine

28  Fisheries Commission cooperating with the research agencies in

29  each state for that purpose.  Representatives of the said Fish

30  and Wildlife Service shall attend the meetings of the

31  commission.

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  1         An advisory committee to be representative of the

  2  commercial fishers and the saltwater anglers and such other

  3  interests of each state as the commission deems advisable

  4  shall be established by the commission as soon as practicable

  5  for the purpose of advising the commission upon such

  6  recommendations as it may desire to make.

  7

  8                           ARTICLE VIII

  9

10         When any state other than those named specifically in

11  Article II of this compact shall become a party thereto for

12  the purpose of conserving its anadromous fish in accordance

13  with the provisions of Article II the participation of such

14  state in the action of the commission shall be limited to such

15  species of anadromous fish.

16

17                            ARTICLE IX

18

19         Nothing in this compact shall be construed to limit the

20  powers of any signatory state or to repeal or prevent the

21  enactment of any legislation or the enforcement of any

22  requirement by any signatory state imposing additional

23  conditions to conserve its fisheries.

24

25                            ARTICLE X

26

27         Continued absence of representation or of any

28  representative on the commission from any state party hereto

29  shall be brought to the attention of the governor thereof.

30

31                            ARTICLE XI

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  1

  2         The states party hereto agree to make annual

  3  appropriations to the support of the commission in proportion

  4  to the primary market value of the products of their

  5  fisheries, exclusive of cod and haddock, as recorded in the

  6  most recent published reports of the Fish and Wildlife Service

  7  of the United States Department of the Interior, provided no

  8  state shall contribute less than $200 per annum and the annual

  9  contribution of each state above the minimum shall be figured

10  to the nearest $100.

11         The compacting states agree to appropriate initially

12  the annual amounts scheduled below, which amounts are

13  calculated in the manner set forth herein, on the basis of the

14  catch record of 1938. Subsequent budgets shall be recommended

15  by a majority of the commission and the cost thereof allocated

16  equitably among the states in accordance with their respective

17  interests and submitted to the compacting states.

18

19                    Schedule of Initial Annual

20                       State Contributions

21         Maine..............................................$700

22         New Hampshire.......................................200

23         Massachusetts.....................................2,300

24         Rhode Island........................................300

25         Connecticut.........................................400

26         New York..........................................1,300

27         New Jersey..........................................800

28         Delaware............................................200

29         Maryland............................................700

30         Virginia..........................................1,300

31         North Carolina......................................600

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  1         South Carolina......................................200

  2         Georgia.............................................200

  3         Florida...........................................1,500

  4

  5                           ARTICLE XII

  6

  7         This compact shall continue in force and remain binding

  8  upon each compacting state until renounced by it.

  9  Renunciation of this compact must be preceded by sending 6

10  months' notice in writing of intention to withdraw from the

11  compact to the other states party hereto.

12         (2)  COMMISSIONERS; APPOINTMENT AND REMOVAL.--In

13  pursuance of Article III of said compact there shall be three

14  members (hereinafter called commissioners) of the Atlantic

15  State Marine Fisheries Commission (hereinafter called

16  commission) from this state. The first commissioner from this

17  state shall be the Secretary of Environmental Protection, ex

18  officio, and the term of any such ex officio commissioner

19  shall terminate at the time he or she ceases to hold said

20  office of Secretary of Environmental Protection, and his or

21  her successor as commissioner shall be his or her successor as

22  secretary. The second commissioner from this state shall be a

23  legislator appointed by the Governor from lists of three

24  legislators submitted by the President of the Senate or the

25  Speaker of the House of Representatives, as applicable.

26  Legislators shall be appointed on a rotating basis, beginning

27  with the appointment of a member of the Senate. Terms of

28  legislators, as ex officio commissioners, shall be for 2

29  years, ending on the date of the general election and member

30  of the house committee on commerce and reciprocal trade (of

31  the State of Florida, ex officio, designated by said house

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  1  committee on commerce and reciprocal trade), and the term of

  2  any such ex officio commissioner shall terminate at the time

  3  he or she ceases to hold said legislative office as

  4  commissioner on interstate cooperation, and his or her

  5  successor as commissioner shall be named in like manner. The

  6  Governor (subject to confirmation by the Senate), shall

  7  appoint a citizen as a third commissioner who shall have a

  8  knowledge of, and interest in, the marine fisheries problem.

  9  The term of said commissioner shall be 3 years and the

10  commissioner shall hold office until a successor shall be

11  appointed and qualified. Vacancies occurring in the office of

12  such commissioner from any reason or cause shall be filled by

13  appointment by the Governor (subject to confirmation by the

14  Senate), for the unexpired term. The Secretary of

15  Environmental Protection as ex officio commissioner may

16  delegate, from time to time, to any deputy or other

17  subordinate in his or her department or office, the power to

18  be present and participate, including voting, as his or her

19  representative or substitute at any meeting of or hearing by

20  or other proceeding of the commission. The terms of each of

21  the initial three members shall begin at the date of the

22  appointment of the appointive commissioner, provided the said

23  compact shall then have gone into effect in accordance with

24  Article II of the compact; otherwise, they shall begin upon

25  the date upon which said compact shall become effective in

26  accordance with said Article II. Any commissioner may be

27  removed from office by the Governor upon charges and after a

28  hearing.

29         Section 24.  Subsection (2) of section 370.20, Florida

30  Statutes, is amended to read:

31

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  1         370.20  Gulf States Marine Fisheries Compact;

  2  implementing legislation.--

  3         (2)  MEMBERS OF COMMISSION; TERM OF OFFICE.--In

  4  pursuance of article III of said compact, there shall be three

  5  members (hereinafter called commissioners) of the Gulf States

  6  Marine Fisheries Commission (hereafter called commission) from

  7  the State of Florida. The first commissioner from the State of

  8  Florida shall be the Secretary of Environmental Protection, ex

  9  officio, and the term of any such ex officio commissioner

10  shall terminate at the time he or she ceases to hold said

11  office of Secretary of Environmental Protection, and his or

12  her successor as commissioner shall be his or her successor as

13  secretary. The second commissioner from the State of Florida

14  shall be a legislator appointed by the President of the Senate

15  or the Speaker of the House of Representatives, as applicable.

16  Legislators shall be appointed on a rotating basis, beginning

17  with the appointment of a member of the House of

18  Representatives. Terms of legislators as ex officio

19  commissioners shall be for 2 years, ending on the date of the

20  general election and a member of the house committee on

21  commerce and reciprocal trade (of the State of Florida ex

22  officio, designated by said house committee on commerce and

23  reciprocal trade), and the term of any such ex officio

24  commissioner shall terminate at the time he or she ceases to

25  hold said legislative office as commissioner on interstate

26  cooperation, and his or her successor as commissioner shall be

27  named in like manner. The Governor (subject to confirmation by

28  the Senate) shall appoint a citizen as a third commissioner

29  who shall have a knowledge of and interest in the marine

30  fisheries problem. The term of said commissioner shall be 3

31  years and the commissioner shall hold office until a successor

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  1  shall be appointed and qualified. Vacancies occurring in the

  2  office of such commissioner from any reason or cause shall be

  3  filled by appointment by the Governor (subject to confirmation

  4  by the Senate) for the unexpired term. The Secretary of

  5  Environmental Protection, as ex officio commissioner, may

  6  delegate, from time to time, to any deputy or other

  7  subordinate in his or her department or office, the power to

  8  be present and participate, including voting, as his or her

  9  representative or substitute at any meeting of or hearing by

10  or other proceeding of the commission. The terms of each of

11  the initial three members shall begin at the date of the

12  appointment of the appointive commissioner, provided the said

13  compact shall then have gone into effect in accordance with

14  article II of the compact; otherwise they shall begin upon the

15  date upon which said compact shall become effective in

16  accordance with said article II.

17         Any commissioner may be removed from office by the

18  Governor upon charges and after a hearing.

19         Section 25.  Subsection (3) of section 373.0693,

20  Florida Statutes, is amended to read:

21         373.0693  Basins; basin boards.--

22         (3)  Each member of the various basin boards shall

23  serve for a period of 3 years or until a successor is

24  appointed, except that the board membership of each new basin

25  shall be divided into three groups as equally as possible,

26  with members in such groups to be appointed for 1, 2, and 3

27  years, respectively.  Each basin board shall choose a vice

28  chair and a secretary to serve for a period of 1 year.  The

29  term of office of a basin board member shall be construed to

30  commence on March 2 preceding the date of appointment and to

31

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  1  terminate on March 1 of the 3rd calendar year of the end of a

  2  term.

  3         Section 26.  Subsection (2) of section 380.504, Florida

  4  Statutes, is amended to read:

  5         380.504  Florida Communities Trust; creation;

  6  membership; expenses.--

  7         (2)  Of the initial governing body members, two of the

  8  Governor's appointees shall serve for a term of 2 years and

  9  the remaining one shall serve for a term of 4 years from the

10  date of appointment.  Thereafter, Governing body members whom

11  the Governor appoints shall be appointed to serve for terms of

12  4 years.  The Governor may fill any vacancy for an unexpired

13  term.

14         Section 27.  Section 404.31, Florida Statutes, is

15  amended to read:

16         404.31  Florida participation.--The Governor shall

17  appoint two members to the Southeast Interstate Low-Level

18  Radioactive Waste Management Commission from this state and

19  two alternate members, subject to confirmation by the Senate.

20  Initially, one member shall be appointed for a 1-year term and

21  one member for a 2-year term.  Thereafter, Members shall be

22  appointed for 2-year terms.  An alternate member shall not

23  have a term limitation.  Vacancies shall be filled in the same

24  manner as original appointments.  Members are shall be

25  entitled to reimbursement for per diem and travel expenses as

26  provided in s. 112.061 while engaged in the performance of

27  their duties.

28         Section 28.  Subsection (1) of section 447.205, Florida

29  Statutes, is amended to read:

30         447.205  Public Employees Relations Commission.--

31

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  1         (1)  There is hereby created within the Department of

  2  Labor and Employment Security the Public Employees Relations

  3  Commission, hereinafter referred to as the "commission."  The

  4  commission shall be composed of a chair and two full-time

  5  members to be appointed by the Governor, subject to

  6  confirmation by the Senate, from persons representative of the

  7  public and known for their objective and independent judgment,

  8  who shall not be employed by, or hold any commission with, any

  9  governmental unit in the state or any employee organization,

10  as defined in this part, while in such office.  In no event

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

12  previous vocation, employment, or affiliation, is, or has

13  been, classified as a representative of employers; and in no

14  event shall more than one such appointee be a person who, on

15  account of previous vocation, employment, or affiliation, is,

16  or has been, classified as a representative of employees or

17  employee organizations.  The commissioners shall devote full

18  time to commission duties and shall not engage in any other

19  business, vocation, or employment while in such office. Terms

20  Beginning January 1, 1980, the chair shall be appointed for a

21  term of 4 years, one commissioner for a term of 1 year, and

22  one commissioner for a term of 2 years. Thereafter, every term

23  of office shall be for 4 years; and each term of the office of

24  chair shall commence on January 1 of the second year following

25  each regularly scheduled general election at which a Governor

26  is elected to a full term of office.  In the event of a

27  vacancy prior to the expiration of a term of office, an

28  appointment shall be made for the unexpired term of that

29  office. The chair shall be responsible for the administrative

30  functions of the commission and shall have the authority to

31  employ such personnel as may be necessary to carry out the

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  1  provisions of this part.  Once appointed to the office of

  2  chair, the chair shall serve as chair for the duration of the

  3  term of office of chair.  Nothing contained herein prohibits A

  4  chair or commissioner may serve from serving multiple terms.

  5         Section 29.  Section 464.0045, Florida Statutes, is

  6  repealed.

  7         Section 30.  Subsection (3) of section 468.1135,

  8  Florida Statutes, 1998 Supplement, is amended to read:

  9         468.1135  Board of Speech-Language Pathology and

10  Audiology.--

11         (3)  No later than January 1, 1991, the Governor shall

12  appoint two members for a term of 2 years; two members for a

13  term of 3 years; and three members for a term of 4 years.

14  Each of the initial speech-language pathologist and

15  audiologist members must hold a valid certificate of

16  registration issued pursuant to part I of chapter 468, Florida

17  Statutes 1989, and must have been engaged in the practice of

18  speech-language pathology or audiology for not less than 3

19  years prior to his or her appointment.  As the terms of the

20  initial members expire, The Governor shall appoint members

21  successors who meet the requirements of subsection (2) for

22  terms of 4 years. Members shall serve until their successors

23  are appointed.

24         Section 31.  Present subsections (3), (4), (5), (6),

25  (7), and (8) of section 468.203, Florida Statutes, are

26  redesignated as subsections (4), (5), (6), (7), (8), and (9),

27  respectively, and a new subsection (3) is added to that

28  section, to read:

29         468.203  Definitions.--As used in this act, the term:

30         (3)  "Department" means the Department of Health.

31

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  1         Section 32.  Subsections (3), (4), and (5) of section

  2  468.205, Florida Statutes, 1998 Supplement, are amended to

  3  read:

  4         468.205  Board of Occupational Therapy Practice.--

  5         (3)  Within 90 days after the effective date of this

  6  act, the Governor shall appoint the board as follows:

  7         (a)  Two members for terms of 2 years each.

  8         (b)  Two members for terms of 3 years each.

  9         (c)  Three members for terms of 4 years each.

10         (3)(4)  Members shall be appointed As the terms of the

11  members expire, the Governor shall appoint successors for

12  terms of 4 years and such members shall serve until their

13  successors are appointed.

14         (4)(5)  All provisions of part II of chapter 455

15  relating to activities of the board shall apply.

16         Section 33.  Subsection (1) of section 468.4315,

17  Florida Statutes, 1998 Supplement, is amended to read:

18         468.4315  Regulatory Council of Community Association

19  Managers.--

20         (1)  The Regulatory Council of Community Association

21  Managers is created within the department and shall consist of

22  seven members appointed by the Governor and confirmed by the

23  Senate.

24         (a)  Five members of the council shall be licensed

25  community association managers, one of whom shall be a

26  community association manager employed by a timeshare managing

27  entity as described in ss. 468.438 and 721.13, who have held

28  an active license for 5 years.  The remaining two council

29  members shall be residents of this state and must not be or

30  ever have been connected with the business of community

31  association management.

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  1         (b)  The Governor shall appoint members for terms of 4

  2  years.  Such members shall serve until their successors are

  3  appointed. Members' service on the council shall begin upon

  4  appointment and shall continue until their successors are

  5  appointed.

  6         Section 34.  Subsection (3) of section 468.521, Florida

  7  Statutes, is amended to read:

  8         468.521  Board of Employee Leasing Companies;

  9  membership; appointments; terms.--

10         (3)  The Governor shall appoint members for terms of 4

11  years, and such members shall serve until their successors are

12  appointed. The members' service on the board shall begin upon

13  appointment and shall continue until their successors are

14  appointed.

15         Section 35.  Subsection (1) of section 468.605, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         468.605  Florida Building Code Administrators and

18  Inspectors Board.--

19         (1)  There is created within the Department of Business

20  and Professional Regulation the Florida Building Code

21  Administrators and Inspectors Board. Members shall be

22  appointed by the Governor, subject to confirmation by the

23  Senate. Members shall be appointed for 4-year terms. No member

24  shall serve more than two consecutive 4-year terms, nor serve

25  for more than 11 years on the board. To ensure continuity of

26  board policies, the Governor shall initially appoint one

27  member for a 1-year term, two members for 2-year terms, two

28  members for 3-year terms, and two members for 4-year terms.

29         Section 36.  Subsection (3) of section 468.801, Florida

30  Statutes, 1998 Supplement, is amended to read:

31

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  1         468.801  Board of Orthotists and Prosthetists;

  2  appointment; membership; terms; headquarters.--

  3         (3)  Members of the board shall be appointed for terms

  4  of 4 years each and shall serve until their successors are

  5  appointed. However, for the purpose of staggering terms, two

  6  of the original board members shall serve terms of 4 years

  7  each, two shall serve terms of 3 years each, two shall serve

  8  terms of 2 years each, and one shall serve a term of 1 year,

  9  as designated by the Governor. Members may be reappointed for

10  additional terms.

11         Section 37.  Subsection (1) of section 475.02, Florida

12  Statutes, is amended to read:

13         475.02  Florida Real Estate Commission.--

14         (1)  There is created within the department the Florida

15  Real Estate Commission. The commission shall consist of seven

16  members who shall be appointed by the Governor, subject to

17  confirmation by the Senate. Four members must be licensed

18  brokers, each of whom has held an active license for the 5

19  years preceding appointment; one member must be a licensed

20  broker or a licensed salesperson who has held an active

21  license for the 2 years preceding appointment; and two members

22  must be persons who are not, and have never been, brokers or

23  salespersons. At least one member of the commission must be 60

24  years of age or older. The current members may complete their

25  present terms unless removed for cause.

26         Section 38.  Subsection (1) of section 475.613, Florida

27  Statutes, is amended to read:

28         475.613  Florida Real Estate Appraisal Board.--

29         (1)  There is created the Florida Real Estate Appraisal

30  Board, which shall consist of seven members appointed by the

31  Governor, subject to confirmation by the Senate.  Four members

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  1  of the board must be real estate appraisers who have been

  2  engaged in the general practice of appraising real property in

  3  this state for at least 5 years immediately preceding

  4  appointment. In appointing real estate appraisers to the

  5  board, while not excluding other appraisers, the Governor

  6  shall give preference to real estate appraisers who are not

  7  primarily engaged in real estate brokerage or mortgage lending

  8  activities.  One member of the board must represent

  9  organizations that use appraisals for the purpose of eminent

10  domain proceedings, financial transactions, or mortgage

11  insurance.  Two members of the board shall be representatives

12  of the general public and shall not be connected in any way

13  with the practice of real estate appraisal, real estate

14  brokerage, or mortgage lending.  The appraiser members shall

15  be as representative of the entire industry as possible, and

16  membership in a nationally recognized or state-recognized

17  appraisal organization shall not be a prerequisite to

18  membership on the board.  To the extent possible, no more than

19  two members of the board shall be primarily affiliated with

20  any one particular national or state appraisal association.

21  After July 1, 1992, Two of the members must be licensed or

22  certified residential real estate appraisers and two of the

23  members must be certified general real estate appraisers at

24  the time of their appointment.

25         (a)  Initially, four members of the board shall be

26  appointed for 3-year terms, and three members shall be

27  appointed for 4-year terms. Thereafter, All members shall be

28  appointed for 4-year terms. Any vacancy occurring in the

29  membership of the board shall be filled by appointment by the

30  Governor for the unexpired term. Upon expiration of his or her

31  term, a member of the board shall continue to hold office

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  1  until the appointment and qualification of the member's

  2  successor. A member may not be appointed for more than two

  3  consecutive terms. The Governor may remove any member for

  4  cause.

  5         (b)  The headquarters for the board shall be in

  6  Orlando.

  7         (c)  The board shall meet at least once each calendar

  8  quarter to conduct its business.

  9         (d)  The members of the board shall elect a chairperson

10  at the first meeting each year.

11         (e)  Each member of the board is entitled to per diem

12  and travel expenses as set by legislative appropriation for

13  each day that the member engages in the business of the board.

14         Section 39.  Section 476.054, Florida Statutes, is

15  amended to read:

16         476.054  Barbers' Board.--

17         (1)  There is created within the department the

18  Barbers' Board, consisting of seven members who shall be

19  appointed by the Governor, subject to confirmation by the

20  Senate.

21         (2)  Five members of the board shall be barbers who

22  have practiced the occupation of barbering in this state for

23  at least 5 years. The remaining two members of the board shall

24  be citizens of the state who are not presently licensed

25  barbers.  No person shall be appointed to the board who is in

26  any way connected with the manufacture, rental, or wholesale

27  distribution of barber equipment and supplies.

28         (3)  As the terms of the members expire, The Governor

29  shall appoint members successors for terms of 4 years; and

30  such members shall serve until their successors are appointed

31  and qualified. The Governor may remove any member for cause.

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  1         (4)  No person shall be appointed to serve more than

  2  two consecutive terms. Any vacancy shall be filled by

  3  appointment by the Governor for the unexpired portion of the

  4  term.

  5         (4)(5)  Each board member shall receive per diem and

  6  mileage allowances as provided in s. 112.061 from the place of

  7  her or his residence to the place of meeting and the return

  8  therefrom.

  9         (5)(6)  Each board member shall be held accountable to

10  the Governor for the proper performance of all duties and

11  obligations of such board member's office.  The Governor shall

12  cause to be investigated any complaints or unfavorable reports

13  received concerning the actions of the board or its individual

14  members and shall take appropriate action thereon, which may

15  include removal of any board member for malfeasance,

16  misfeasance, neglect of duty, commission of a felony,

17  drunkenness, incompetency, or permanent inability to perform

18  her or his official duties.

19         Section 40.  Subsection (3) of section 477.015, Florida

20  Statutes, is amended to read:

21         477.015  Board of Cosmetology.--

22         (3)  The Governor may at any time fill vacancies on the

23  board for the remainder of unexpired terms.  Each member of

24  the board shall hold over after the expiration of his or her

25  term until a successor is duly appointed and qualified. No

26  board member shall serve more than two consecutive terms,

27  whether full or partial.

28         Section 41.  Subsection (3) of section 480.035, Florida

29  Statutes, 1998 Supplement, is amended to read:

30         480.035  Board of Massage Therapy.--

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  1         (3)  The Governor may at any time fill vacancies on the

  2  board for the remainder of unexpired terms.  Each member of

  3  the board shall hold over after the expiration of her or his

  4  term until her or his successor has been duly appointed and

  5  qualified. No board member shall serve more than two terms,

  6  whether full or partial.

  7         Section 42.  Subsection (3) of section 483.805, Florida

  8  Statutes, 1998 Supplement, is amended to read:

  9         483.805  Board of Clinical Laboratory Personnel.--

10         (3)  Within 90 days after July 1, 1992, the Governor

11  shall appoint two members for a term of 2 years, two members

12  for a term of 3 years, and three members for a term of 4

13  years.  As terms of the initial members expire, The Governor

14  shall appoint members successors for terms of 4 years and such

15  terms shall expire on October 31.  A member whose term has

16  expired shall continue to serve on the board until such time

17  as a replacement is appointed. A No member may not shall serve

18  for more than the remaining portion of a previous member's

19  unexpired term, plus two consecutive 4-year terms of the

20  member's own appointment thereafter.

21         Section 43.  Subsection (1) of section 489.107, Florida

22  Statutes, 1998 Supplement, is amended to read:

23         489.107  Construction Industry Licensing Board.--

24         (1)  To carry out the provisions of this part, there is

25  created within the department the Construction Industry

26  Licensing Board. Members shall be appointed by the Governor,

27  subject to confirmation by the Senate. Members shall be

28  appointed for 4-year terms. A vacancy on the board shall be

29  filled for the unexpired portion of the term in the same

30  manner as the original appointment. No member shall serve more

31

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  1  than two consecutive 4-year terms or more than 11 years on the

  2  board.

  3         Section 44.  Subsections (3), (4), (5), (6), and (7) of

  4  section 491.004, Florida Statutes, 1998 Supplement, are

  5  amended to read:

  6         491.004  Board of Clinical Social Work, Marriage and

  7  Family Therapy, and Mental Health Counseling.--

  8         (3)  No later than January 1, 1988, the Governor shall

  9  appoint nine members of the board as follows:

10         (a)  Three members for terms of 2 years each.

11         (b)  Three members for terms of 3 years each.

12         (c)  Three members for terms of 4 years each.

13         (3)(4)  As the terms of the initial members expire, The

14  Governor shall appoint members successors for terms of 4

15  years,; and those members shall serve until their successors

16  are appointed.

17         (4)(5)  The board shall adopt rules pursuant to ss.

18  120.536(1) and 120.54 to administer implement and enforce the

19  provisions of this chapter.

20         (5)(6)  All applicable provisions of part II of chapter

21  455 relating to activities of regulatory boards shall apply to

22  the board.

23         (6)(7)  The board shall maintain its official

24  headquarters in the City of Tallahassee.

25         Section 45.  Subsection (3) of section 497.101, Florida

26  Statutes, is amended to read:

27         497.101  Board of Funeral and Cemetery Services;

28  membership; appointment; terms.--

29         (3)  The Governor shall appoint members for terms of 4

30  years, and such members shall serve until their successors are

31  appointed. When the terms of the initial board members expire,

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  1  the Governor shall stagger the terms of the successor members

  2  as follows: one funeral director, one cemetery company

  3  representative, and one consumer member shall be appointed for

  4  terms of 2 years, and the remaining members shall be appointed

  5  for terms of 4 years. All subsequent terms shall be for 4

  6  years.

  7         Section 46.  Subsections (2) and (4) of section 601.04,

  8  Florida Statutes, are amended to read:

  9         601.04  Florida Citrus Commission; creation and

10  membership.--

11         (2)(a)  The members of such commission shall possess

12  the qualifications herein provided in this section and shall

13  be appointed by the Governor for terms of 3 years each.

14  Appointments shall be made by February 1 preceding the

15  commencement of the term and shall be subject to confirmation

16  by the Senate in the following legislative session.  Four

17  members shall be appointed each year. Such members shall serve

18  until their respective successors are appointed and qualified.

19  The regular terms shall begin on June 1 and shall end on May

20  31 of the third year after such appointment.

21         (b)  When appointments are made, the Governor shall

22  publicly announce the actual classification and district that

23  each appointee represents.  A majority of the members of the

24  commission shall constitute a quorum for the transaction of

25  all business and the carrying out of the duties of the

26  commission.  Before entering upon the discharge of their

27  duties as members of the commission, each member shall take

28  and subscribe to the oath of office prescribed in s. 5, Art.

29  II of the State Constitution. The qualification of each member

30  as herein required in this section must shall continue

31  throughout the respective term of office, and if in the event

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  1  a member should, after appointment, fails fail to meet the

  2  qualifications or classification that which she or he

  3  possessed at the time of appointment as above set forth, such

  4  member shall resign or be removed and be replaced with a

  5  member possessing the proper qualifications and

  6  classification.

  7         (c)  Each member of the commission in office on October

  8  1, 1990, shall continue in office until the expiration of her

  9  or his current term.  When making an appointment to the

10  commission on or after October 1, 1990, the Governor shall

11  announce the district and classification of the person

12  appointed.

13         (4)  It is the intent of the Legislature that the

14  commission be redistricted every 5 years. Redistricting shall

15  be based on the total boxes produced from each of the three

16  districts during that 5-year period. Each member of the

17  commission shall, at the time of redistricting, continue in

18  office until the expiration of his or her term.

19         Section 47.  Subsection (3) of section 945.602, Florida

20  Statutes, is amended to read:

21         945.602  State of Florida Correctional Medical

22  Authority; creation; members.--

23         (3)  Effective for new appointments after July 1, 1996,

24  At least one member of the authority must be a physician

25  licensed under chapter 458, and one member of the authority

26  may be a physician licensed under chapter 458 or chapter 459.

27  At least two other members of the authority must have had at

28  least 5 years' experience in health care administration.

29         Section 48.  Section 947.01, Florida Statutes, is

30  amended to read:

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  1         947.01  Parole Commission; creation; number of

  2  members.--A Parole Commission is created to consist of three

  3  six members who are residents of the state. Effective July 1,

  4  1996, the membership of the commission shall be three members.

  5         Section 49.  Section 947.022, Florida Statutes, is

  6  repealed.

  7         Section 50.  Subsection (1) of section 947.03, Florida

  8  Statutes, is amended to read:

  9         947.03  Commissioners; tenure and removal.--

10         (1)  Unless otherwise provided by law, each

11  commissioner serving on July 1, 1983, shall be permitted to

12  remain in office until completion of his or her current term.

13  Upon the expiration of the term, a successor shall be

14  appointed in the manner prescribed pursuant to the provisions

15  of this section, unless otherwise provided by law. Members

16  appointed by the Governor and Cabinet shall be appointed for

17  terms of 6 years, unless otherwise provided by law.  No person

18  is eligible to be appointed for more than two consecutive

19  6-year terms.

20         Section 51.  This act shall take effect October 1,

21  1999.

22

23            *****************************************

24                          SENATE SUMMARY

25    Revises laws that govern the executive appointments made
      to various regulatory boards and commissions. Deletes
26    obsolete and conflicting provisions with respect to the
      appointment of members. Clarifies and revises provisions
27    that govern various terms of appointment. (See bill for
      details.)
28

29

30

31

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