Senate Bill 0712e1
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SB 712 First Engrossed
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 requiring the Director of Health Care
25 Administration to be confirmed by the Senate;
26 amending s. 186.504, F.S.; clarifying
27 membership and specifying terms of members of
28 regional planning councils; amending s.
29 231.545, F.S., relating to membership on the
30 Education Standards Commission within the
31 Department of Education; deleting obsolete
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SB 712 First Engrossed
1 provisions; amending s. 240.145, F.S., relating
2 to terms of members of the Postsecondary
3 Education Planning Commission; deleting
4 obsolete provisions; amending s. 240.313, F.S.;
5 specifying the terms of members of the board of
6 trustees of a community college; amending s.
7 246.205, F.S., relating to terms of members of
8 the State Board of Nonpublic Career Education;
9 deleting obsolete provisions; amending s.
10 288.707, F.S.; clarifying membership on the
11 Florida Black Business Investment Board within
12 the Office of Tourism, Trade, and Economic
13 Development; deleting obsolete provisions;
14 amending s. 288.901, F.S., relating to the
15 board of directors of Enterprise Florida, Inc.;
16 deleting obsolete provisions; amending s.
17 288.9412, F.S., relating to the International
18 Trade and Economic Development Board within
19 Enterprise Florida, Inc.; deleting the
20 requirement that certain specified members be
21 confirmed by the Senate; revising the
22 membership of the board; deleting obsolete
23 provisions; amending s. 288.9512, F.S.,
24 relating to the Technology Development Board
25 within Enterprise Florida, Inc.; deleting
26 obsolete provisions; amending s. 288.9604,
27 F.S., relating to terms of members of the
28 Florida Development Finance Corporation;
29 deleting obsolete provisions; amending s.
30 288.9611, F.S., relating to the appointment and
31 terms of members of the Capital Development
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SB 712 First Engrossed
1 Board within Enterprise Florida, Inc.; deleting
2 obsolete provisions; amending s. 288.9620,
3 F.S., relating to the appointment and terms of
4 members of the Workforce Development Board
5 within Enterprise Florida, Inc.; deleting
6 obsolete provisions; amending s. 331.308, F.S.,
7 relating to the board of supervisors of the
8 Spaceport Florida Authority; deleting a
9 requirement that the Senate confirm the
10 legislative ex officio members of the board;
11 deleting obsolete provisions relating to
12 appointments and terms; amending s. 349.03,
13 F.S., relating to terms of members of the
14 Jacksonville Transportation Authority; deleting
15 obsolete provisions; amending s. 350.01, F.S.,
16 relating to terms of members of the Florida
17 Public Service Commission; deleting obsolete
18 provisions; clarifying the term for the
19 chairperson of the commission; amending s.
20 370.19, F.S.; revising the membership of the
21 Atlantic States Marine Fisheries Commission;
22 revising requirements for the legislative ex
23 officio members of the commission; specifying
24 terms of office; amending s. 370.20, F.S.,
25 relating to the Gulf States Marine Fisheries
26 Commission; revising requirements for the
27 legislative ex officio members of the
28 commission; specifying terms of office;
29 amending s. 373.0693, F.S.; clarifying terms of
30 office for members of basin boards within the
31 water management districts; amending s.
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SB 712 First Engrossed
1 380.504, F.S., relating to terms of members of
2 the Florida Communities Trust within the
3 Department of Community Affairs; deleting
4 obsolete provisions; amending s. 404.31, F.S.,
5 relating to terms of members of the Southeast
6 Interstate Low-Level Radioactive Waste
7 Management Commission; deleting obsolete
8 provisions; amending s. 447.205, F.S., relating
9 to terms of the Public Employees Relations
10 Commission within the Department of Labor and
11 Employment Security; deleting obsolete
12 provisions; repealing s. 464.0045, F.S.,
13 relating to terms of members of the Board of
14 Nursing; amending s. 468.1135, F.S., relating
15 to terms and qualifications of members of the
16 Board of Speech-Language Pathology and
17 Audiology; deleting obsolete provisions;
18 amending s. 468.203, F.S., relating to the
19 practice of occupational therapy; providing a
20 definition; amending s. 468.205, F.S., relating
21 to terms for members of the Board of
22 Occupational Therapy Practice; deleting
23 obsolete provisions; amending s. 468.4315,
24 F.S., relating to terms of members of the
25 Regulatory Council of Community Association
26 Managers; deleting obsolete provisions;
27 amending s. 468.521, F.S., relating to terms of
28 members of the Board of Employee Leasing
29 Companies; deleting obsolete provisions;
30 amending s. 468.605, F.S., relating to terms of
31 the members of the Florida Building Code
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SB 712 First Engrossed
1 Administrators and Inspectors Board; deleting
2 obsolete and conflicting provisions; amending
3 s. 468.801, F.S., relating to the terms of
4 members of the Board of Orthotists and
5 Prosthetists; deleting obsolete provisions;
6 amending s. 475.02, F.S., relating to terms of
7 the members of the Florida Real Estate
8 Commission within the Department of Business
9 and Professional Regulation; deleting obsolete
10 provisions; amending s. 475.613, F.S., relating
11 to terms and qualifications of members of the
12 Florida Real Estate Appraisal Board; deleting
13 obsolete provisions; amending s. 476.054, F.S.,
14 relating to terms of members of the Barbers'
15 Board; deleting conflicting provisions;
16 amending s. 477.015, F.S., relating to terms of
17 the members of the Board of Cosmetology;
18 deleting a limitation on terms of appointment;
19 amending s. 480.035, F.S., relating to terms of
20 the members of the Board of Massage Therapy;
21 deleting a limitation on terms of appointment;
22 amending s. 483.805, F.S., relating to terms of
23 members of the Board of Clinical Laboratory
24 Personnel; deleting obsolete provisions;
25 amending s. 489.107, F.S., relating to terms of
26 the members of the Construction Industry
27 Licensing Board; deleting a limitation on terms
28 of appointment; amending s. 491.004, F.S.,
29 relating to terms of the members of the Board
30 of Clinical Social Work, Marriage and Family
31 Therapy, and Mental Health Counseling; deleting
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SB 712 First Engrossed
1 obsolete provisions; amending s. 497.101, F.S.,
2 relating to terms of the members of the Board
3 of Funeral and Cemetery Services; deleting
4 obsolete provisions; amending s. 601.04, F.S.,
5 relating to the appointment and terms of
6 members of the Florida Citrus Commission within
7 the Department of Citrus; deleting obsolete
8 provisions; clarifying terms of members
9 following redistricting; amending s. 945.602,
10 F.S., relating to qualifications of the members
11 of the State of Florida Correctional Medical
12 Authority; deleting obsolete provisions;
13 amending ss. 947.01, 947.03, F.S., relating to
14 the appointment and number of members of the
15 Parole Commission; deleting obsolete
16 provisions; repealing s. 947.022, F.S.,
17 relating to terms and appointment of members of
18 the Parole Commission; providing an effective
19 date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Subsection (4) of section 14.29, Florida
24 Statutes, is amended to read:
25 14.29 Florida Commission on Community Service.--
26 (4) Members of the commission shall serve for terms of
27 3 years, except that of those voting members initially
28 appointed, no less than five and up to eight shall serve for
29 terms of 1 year and no less than five and up to eight shall
30 serve for terms of 2 years. Members may be reappointed for
31 successive terms. A vacancy shall be filled for the remainder
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SB 712 First Engrossed
1 of the unexpired term in the same manner as the original
2 appointment.
3 Section 2. Subsection (4) of section 20.171, Florida
4 Statutes, 1998 Supplement, is amended to read:
5 20.171 Department of Labor and Employment
6 Security.--There is created a Department of Labor and
7 Employment Security.
8 (4)(a) There is created within the Department of Labor
9 and Employment Security an Unemployment Appeals Commission,
10 hereinafter referred to as the "commission." The commission
11 shall consist of a chair and two other members to be appointed
12 by the Governor, subject to confirmation by the Senate. Not
13 more than one appointee shall be a person who, on account of
14 previous vocation, employment, or affiliation, shall be
15 classified as a representative of employers; and not more than
16 one such appointee shall be a person who, on account of
17 previous vocation, employment, or affiliation, shall be
18 classified as a representative of employees.
19 1. The chair shall devote his or her entire time to
20 commission duties and shall be responsible for the
21 administrative functions of the commission.
22 2. The chair shall have the authority to appoint a
23 general counsel and such other personnel as may be necessary
24 to carry out the duties and responsibilities of the
25 commission.
26 3. The chair shall have the qualifications required by
27 law for a judge of the circuit court and shall not engage in
28 any other business vocation or employment. Notwithstanding any
29 other provisions of existing law, the chair shall be paid a
30 salary equal to that paid under state law to a judge of the
31 circuit court.
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SB 712 First Engrossed
1 4. The remaining members shall be paid a stipend of
2 $100 for each day they are engaged in the work of the
3 commission. The chair and other members shall also be
4 reimbursed for travel expenses, as provided in s. 112.061.
5 5. The total salary and travel expenses of each member
6 of the commission shall be paid from the Employment Security
7 Administration Trust Fund.
8 (b) Members shall serve for terms of 4 years each,
9 except that, beginning July 1, 1977, the chair shall be
10 appointed for a term of 4 years, one member for 3 years, and
11 one member for 2 years. A vacancy for the unexpired term of a
12 member shall be filled in the same manner as provided in this
13 subsection for an original appointment. The presence of two
14 members shall constitute a quorum for any called meeting of
15 the commission.
16 (c) The commission is vested with all authority,
17 powers, duties, and responsibilities relating to unemployment
18 compensation appeal proceedings under chapter 443.
19 (d) The property, personnel, and appropriations
20 relating to the specified authority, powers, duties, and
21 responsibilities of the commission shall be provided to the
22 commission by the Department of Labor and Employment Security.
23 (e) The commission shall not be subject to control,
24 supervision, or direction by the Department of Labor and
25 Employment Security in the performance of its powers and
26 duties under chapter 443.
27 (f) The commission shall make such expenditures,
28 including expenditures for personal services and rent at the
29 seat of government and elsewhere; for law books, books of
30 reference, periodicals, furniture, equipment, and supplies;
31 and for printing and binding as may be necessary in exercising
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SB 712 First Engrossed
1 its authority and powers and carrying out its duties and
2 responsibilities. All such expenditures of the commission
3 shall be allowed and paid as provided in s. 443.211 upon the
4 presentation of itemized vouchers therefor, approved by the
5 chair.
6 (g) The commission may charge, in its discretion, for
7 publications, subscriptions, and copies of records and
8 documents. Such fees shall be deposited in the Employment
9 Security Administration Trust Fund.
10 (h) The commission shall maintain and keep open during
11 reasonable business hours an office, which shall be provided
12 in the Capitol or some other suitable building in the City of
13 Tallahassee, for the transaction of its business, at which
14 office its official records and papers shall be kept. The
15 offices shall be furnished and equipped by the commission.
16 The commission may hold sessions and conduct hearings at any
17 place within the state.
18 (i) The commission shall prepare and submit a budget
19 covering the necessary administrative cost of the commission.
20 (j) The commission shall have a seal for
21 authentication of its orders, awards, and proceedings, upon
22 which shall be inscribed the words "State of
23 Florida-Unemployment Appeals Commission-Seal"; and it shall be
24 judicially noticed.
25 (k) The commission has authority to adopt rules
26 pursuant to ss. 120.536(1) and 120.54 to implement provisions
27 of law conferring duties upon it.
28 (l) Orders of the commission relating to unemployment
29 compensation under chapter 443 shall be subject to review only
30 by notice of appeal to the district courts of appeal in the
31 manner provided in s. 443.151(4)(e).
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SB 712 First Engrossed
1 Section 3. Paragraph (a) of subsection (1) of section
2 20.23, Florida Statutes, 1998 Supplement, is amended to read:
3 20.23 Department of Transportation.--There is created
4 a Department of Transportation which shall be a decentralized
5 agency.
6 (1)(a)1. The head of the Department of Transportation
7 is the Secretary of Transportation. The secretary shall be
8 appointed by the Governor from among three persons nominated
9 by the Florida Transportation Commission and shall be subject
10 to confirmation by the Senate, except that any secretary that
11 was appointed before October 1, 1987, need not have been
12 nominated by the commission. The secretary shall serve at the
13 pleasure of the Governor.
14 2. The secretary shall be a proven, effective
15 administrator who by a combination of education and experience
16 shall clearly possess a broad knowledge of the administrative,
17 financial, and technical aspects of the development,
18 operation, and regulation of transportation systems and
19 facilities or comparable systems and facilities.
20 Section 4. Subsection (7) of section 20.255, Florida
21 Statutes, 1998 Supplement, is amended to read:
22 20.255 Department of Environmental Protection.--There
23 is created a Department of Environmental Protection.
24 (7) There is created as a part of the Department of
25 Environmental Protection an Environmental Regulation
26 Commission. The commission shall be composed of seven
27 residents of this state appointed by the Governor, subject to
28 confirmation by the Senate. The commission shall include one,
29 but not more than two, members from each water management
30 district who have resided in the district for at least 1 year,
31 and the remainder shall be selected from the state at large.
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SB 712 First Engrossed
1 Membership shall be representative of agriculture, the
2 development industry, local government, the environmental
3 community, lay citizens, and members of the scientific and
4 technical community who have substantial expertise in the
5 areas of the fate and transport of water pollutants,
6 toxicology, epidemiology, geology, biology, environmental
7 sciences, or engineering. The Governor shall appoint the
8 chair, and the vice chair shall be elected from among the
9 membership. Members of the commission shall be appointed to
10 terms of 4 years each. A vacancy shall be filled for the
11 unexpired portion of the term in the same manner as the
12 original appointment. The members serving on the commission on
13 July 1, 1995, shall continue to serve on the commission for
14 the remainder of their current terms. All appointments
15 thereafter shall continue to be for 4-year terms. The Governor
16 may at any time fill a vacancy for the unexpired term. The
17 members of the commission shall serve without compensation,
18 but are entitled to reimbursement for shall be paid travel and
19 per diem expenses as provided in s. 112.061 while in the
20 performance of their official duties. Administrative,
21 personnel, and other support services necessary for the
22 commission shall be furnished by the department.
23 Section 5. Paragraph (a) of subsection (6) of section
24 20.315, Florida Statutes, 1998 Supplement, is amended to read:
25 20.315 Department of Corrections.--There is created a
26 Department of Corrections.
27 (6) FLORIDA CORRECTIONS COMMISSION.--
28 (a)1. The Florida Corrections Commission is hereby
29 created. The primary focus of the commission shall be on
30 corrections; however, in those instances in which the policies
31 of other components of the criminal justice system affect
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SB 712 First Engrossed
1 corrections, the commission shall advise and make
2 recommendations.
3 2. The commission shall consist of nine members
4 appointed by the Governor subject to confirmation by the
5 Senate. The initial members of the commission shall be
6 appointed by October 1, 1994. Members of the commission shall
7 be appointed to serve terms of 4 years each, except that four
8 of the initial members shall be appointed for terms of 2 years
9 each. Members must be appointed in such a manner as to
10 equitably represent all geographic areas of the state. Each
11 member of the commission must be a citizen and registered
12 voter of the state. A member of the commission shall represent
13 the public safety needs of the state as a whole and may not
14 subordinate the needs of the state to those of any particular
15 area of the state. The commission's membership should, to the
16 extent possible, contain persons who are knowledgeable about
17 construction, health care, information technology, education,
18 business, food services, law, and inmate and youthful offender
19 rehabilitation and services.
20 3. The commission is assigned to the office of the
21 Secretary of Corrections for administrative and fiscal
22 accountability purposes, but it shall otherwise function
23 independently of the control and direction of the Department
24 of Corrections.
25 Section 6. Paragraph (a) of subsection (1) of section
26 20.316, Florida Statutes, 1998 Supplement, is amended to read:
27 20.316 Department of Juvenile Justice.--There is
28 created a Department of Juvenile Justice.
29 (1) SECRETARY OF JUVENILE JUSTICE.--
30 (a) The head of the Department of Juvenile Justice is
31 the Secretary of Juvenile Justice. The secretary of the
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SB 712 First Engrossed
1 department shall be appointed by the Governor, subject to
2 confirmation by the Senate, and shall serve at the pleasure of
3 the Governor.
4 Section 7. Subsection (1) of section 20.41, Florida
5 Statutes, is amended to read:
6 20.41 Department of Elderly Affairs.--There is created
7 a Department of Elderly Affairs.
8 (1) The head of the department is the Secretary of
9 Elderly Affairs. The secretary must be appointed by the
10 Governor, subject to confirmation by the Senate. The
11 requirement for Senate confirmation applies to any person so
12 appointed on or after July 1, 1994. The secretary serves at
13 the pleasure of the Governor. The secretary shall administer
14 the affairs of the department and may employ assistants,
15 professional staff, and other employees as necessary to
16 discharge the powers and duties of the department.
17 Section 8. Subsection (1) of section 20.42, Florida
18 Statutes, is amended to read:
19 20.42 Agency for Health Care Administration.--There is
20 created the Agency for Health Care Administration within the
21 Department of Business and Professional Regulation. The agency
22 shall be a separate budget entity, and the director of the
23 agency shall be the agency head for all purposes. The agency
24 shall not be subject to control, supervision, or direction by
25 the Department of Business and Professional Regulation in any
26 manner, including, but not limited to, personnel, purchasing,
27 transactions involving real or personal property, and
28 budgetary matters.
29 (1) DIRECTOR OF HEALTH CARE ADMINISTRATION.--The head
30 of the agency is the Director of Health Care Administration,
31 who shall be appointed by the Governor, subject to
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SB 712 First Engrossed
1 confirmation by the Senate. The requirement for Senate
2 confirmation applies to any person appointed on or after
3 October 1, 1999. The director shall serve at the pleasure of
4 and report to the Governor.
5 Section 9. Subsections (3) and (4) of section 186.504,
6 Florida Statutes, are amended to read:
7 186.504 Regional planning councils; creation;
8 membership.--
9 (3) Not less than two-thirds of the representatives
10 serving as voting members on the governing bodies of such
11 regional planning councils shall be elected officials of local
12 general-purpose governments chosen by the municipalities
13 cities and counties of the region, provided each county shall
14 have at least one vote. The remaining one-third of the voting
15 members on the governing board shall be appointed by the
16 Governor to terms of 3 years each, subject to confirmation by
17 the Senate, and shall reside in the region. No two appointees
18 of the Governor shall have their places of residence in the
19 same county until each county within the region is represented
20 by a Governor's appointee to the governing board. Nothing
21 contained in this section shall deny to local governing bodies
22 or the Governor the option of appointing either locally
23 elected officials or lay citizens provided at least two-thirds
24 of the governing body of the regional planning council is
25 composed of locally elected officials.
26 (4) In addition to voting members appointed pursuant
27 to paragraph (2)(c), the Governor shall appoint the following
28 ex officio nonvoting members to each regional planning
29 council:
30 (a) A representative of the Department of
31 Transportation.
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SB 712 First Engrossed
1 (b) A representative of the Department of
2 Environmental Protection.
3 (c) A representative nominated by Enterprise Florida,
4 Inc., and the Office of Tourism, Trade, and Economic
5 Development of the Department of Commerce.
6 (d) A representative of the appropriate water
7 management district or districts.
8 Section 10. Subsection (1) of section 231.545, Florida
9 Statutes, is amended to read:
10 231.545 Education Standards Commission;
11 organization.--
12 (1) There is created the Education Standards
13 Commission, to consist of 24 members appointed by the State
14 Board of Education from nominations by the Commissioner of
15 Education and subject to Senate confirmation. Prior to making
16 nominations, the commissioner shall consult with the teaching
17 and other involved associations in the state. In making
18 nominations, the commissioner shall attempt to achieve equal
19 geographical representation, as closely as possible. The
20 members shall include:
21 (a) Twelve teachers at least one of whom is a teacher
22 in a private institution who is certified by the Department of
23 Education and one of whom is certified as a vocational
24 teacher.
25 (b) One superintendent.
26 (c) One school principal.
27 (d) One school personnel officer, to be appointed on
28 the date of the first expiration of a school principal's term.
29 (e) One teacher education/inservice director.
30 (f) Four citizens, two of whom are school board
31 members.
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SB 712 First Engrossed
1 (g) Three representatives from higher education, two
2 of whom are deans of colleges, schools, or departments of
3 education and one of whom is employed by an independent
4 institution.
5 (h) One administrative representative from a community
6 college.
7 Section 11. Subsection (2) of section 240.145, Florida
8 Statutes, is amended to read:
9 240.145 Postsecondary Education Planning Commission.--
10 (2) The commission shall be composed of 11 members of
11 the general public and one full-time student representing the
12 postsecondary education system of the state. Each member
13 shall be appointed by the Governor, approved by three members
14 of the State Board of Education other than the Governor, and
15 confirmed by the Senate. Members shall be appointed to serve
16 staggered 4-year terms, except for the full-time student
17 member, who shall be appointed to serve for 1 year; however,
18 of the initial nonstudent appointees, two shall hold 1-year
19 terms, three shall hold 2-year terms, three shall hold 3-year
20 terms, and three shall hold 4-year terms. The student member
21 shall be selected annually with the qualification that he or
22 she be a registered full-time student at a postsecondary
23 educational institution as defined in chapter 230, relating to
24 public area technical centers; in this chapter, relating to
25 public community colleges and universities; or in chapter 246,
26 relating to nonpublic colleges, universities, and vocational
27 schools. The members of the commission shall elect a chair
28 annually. The Governor shall fill all vacancies, subject to
29 approval and confirmation, that may at any time occur on the
30 commission.
31
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SB 712 First Engrossed
1 Section 12. Subsection (3) of section 240.313, Florida
2 Statutes, is amended to read:
3 240.313 Community college districts; establishment and
4 organization of boards of trustees.--
5 (3) Trustees shall be appointed by the Governor,
6 approved by four members of the State Board of Education, and
7 confirmed by the Senate in regular session; however, no
8 appointee shall take office until after his or her appointment
9 has been approved by four members of the State Board of
10 Education; further, the State Board of Education shall develop
11 rules and procedures for review and approval of the
12 appointees. Each member of the board of trustees of a
13 community college shall be appointed to serve a term of 4
14 years. Prior to the time the Governor appoints any member of
15 any community college district board of trustees, the school
16 board or boards in the community college district may submit
17 to the Governor for his or her consideration the names of two
18 or more persons for each office.
19 Section 13. Subsection (2) of section 246.205, Florida
20 Statutes, 1998 Supplement, is amended to read:
21 246.205 State Board of Nonpublic Career Education.--
22 (2) Each of the members shall be appointed by the
23 Governor, subject to confirmation by the Senate, for a term of
24 3 years. Of the original members appointed by the Governor,
25 three shall serve for terms of 1 year, three shall serve for
26 terms of 2 years, and three shall serve for terms of 3 years.
27 Of the appointive members from the nonpublic postsecondary
28 career schools, each shall have occupied executive or
29 managerial positions in a nonpublic postsecondary career
30 school in this state for at least 5 years. All members shall
31 be residents of this state. In the event of a vacancy on the
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SB 712 First Engrossed
1 board caused other than by the expiration of a term, the
2 Governor shall appoint a successor to serve the unexpired
3 term.
4 Section 14. Subsection (3) of section 288.707, Florida
5 Statutes, is amended to read:
6 288.707 Florida Black Business Investment Board.--
7 (3) There is hereby created within the Office of
8 Tourism, Trade, and Economic Development a body politic and
9 corporate to be known as the Florida Black Business Investment
10 Board, hereinafter referred to as the "board." The board is
11 hereby constituted as a public instrumentality, and the
12 exercise by the board of the powers conferred by ss. 9-21,
13 chapter 85-104, Laws of Florida, shall be deemed to be the
14 performance of an essential governmental function.
15 (a) The board shall consist of seven members appointed
16 by the Governor subject to confirmation by the Senate, six of
17 whom shall be experienced in investment finance and business
18 development and, one of whom must be a member of a black
19 business investment corporation. The chair of the Florida
20 Development Finance Corporation, created pursuant to s.
21 288.9604, shall be an ex officio member of the board.
22 (b) Members appointed by the Governor shall be
23 appointed to serve terms of 4 years, except that in making the
24 initial appointments, the Governor shall appoint one member to
25 serve for a term of 1 year, two members to serve for terms of
26 2 years, two members to serve for terms of 3 years, and two
27 members to serve for terms of 4 years.
28 (c) Any person appointed to fill a vacancy on the
29 board shall be appointed in a like manner and shall be
30 appointed to serve for only the unexpired term. Any member
31 shall be eligible for reappointment.
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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 15. 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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SB 712 First Engrossed
1 Section 16. 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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SB 712 First Engrossed
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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SB 712 First Engrossed
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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SB 712 First Engrossed
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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SB 712 First Engrossed
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 17. 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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SB 712 First Engrossed
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
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SB 712 First Engrossed
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 18. 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
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SB 712 First Engrossed
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 19. 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.
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SB 712 First Engrossed
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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SB 712 First Engrossed
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 20. 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.
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SB 712 First Engrossed
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
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SB 712 First Engrossed
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 21. Section 331.308, Florida Statutes, is
31 amended to read:
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SB 712 First Engrossed
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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SB 712 First Engrossed
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 22. Subsection (2) of section 349.03, Florida
29 Statutes, is amended to read:
30 349.03 Jacksonville Transportation Authority.--
31
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SB 712 First Engrossed
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 23. 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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SB 712 First Engrossed
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 24. 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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SB 712 First Engrossed
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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SB 712 First Engrossed
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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SB 712 First Engrossed
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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SB 712 First Engrossed
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 25. Subsection (2) of section 370.20, Florida
30 Statutes, is amended to read:
31
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SB 712 First Engrossed
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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SB 712 First Engrossed
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 26. 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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SB 712 First Engrossed
1 terminate on March 1 of the 3rd calendar year of the end of a
2 term.
3 Section 27. 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 28. 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 29. 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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SB 712 First Engrossed
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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SB 712 First Engrossed
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 30. Section 464.0045, Florida Statutes, is
6 repealed.
7 Section 31. 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 32. 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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SB 712 First Engrossed
1 Section 33. 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 34. 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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SB 712 First Engrossed
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 35. 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 36. 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 37. Subsection (3) of section 468.801, Florida
30 Statutes, 1998 Supplement, is amended to read:
31
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SB 712 First Engrossed
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 38. 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 39. 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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SB 712 First Engrossed
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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SB 712 First Engrossed
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 40. 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 41. 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 42. Subsection (3) of section 480.035, Florida
29 Statutes, 1998 Supplement, is amended to read:
30 480.035 Board of Massage Therapy.--
31
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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 43. 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 44. 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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SB 712 First Engrossed
1 than two consecutive 4-year terms or more than 11 years on the
2 board.
3 Section 45. 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 46. 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 47. 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 48. 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 49. 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 four
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 50. Section 947.022, Florida Statutes, is
6 repealed.
7 Section 51. 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 52. This act shall take effect October 1,
21 1999.
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