Senate Bill 1206e1

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    CS for CS for SB 1206                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to labor and employment

  3         security; repealing s. 20.171, F.S., relating

  4         to the authority and organizational structure

  5         of the Department of Labor and Employment

  6         Security; providing for a type one transfer of

  7         the Division of Workers' Compensation and the

  8         Office of the Judges of Compensation Claims to

  9         the Department of Insurance; providing for a

10         type two transfer of certain functions of the

11         Division of Workforce and Employment

12         Opportunities relating to labor organizations

13         and child labor to the Department of Insurance;

14         providing for a type two transfer of certain

15         functions of the Division of Workforce and

16         Employment Opportunities relating to migrant

17         and farm labor registration to the Department

18         of Insurance; providing for a type two transfer

19         of other workplace regulation functions to the

20         Department of Insurance; providing for a

21         transfer of certain administrative resources of

22         the Department of Labor and Employment Security

23         to the Department of Insurance; amending s.

24         20.13, F.S.; providing for a Division of

25         Workers' Compensation in the Department of

26         Insurance; creating a Bureau of Workplace

27         Regulation and a Bureau of Workplace Safety

28         within the Division of Workers' Compensation of

29         the Department of Insurance; providing for a

30         type two transfer of the Division of

31         Unemployment Compensation to the Agency for


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    CS for CS for SB 1206                          First Engrossed



  1         Workforce Innovation; providing an exception;

  2         providing for transfer of unemployment appeals

  3         referees to the Unemployment Appeals

  4         Commission; requiring a contract for the

  5         Department of Revenue to provide unemployment

  6         tax collection services; providing for transfer

  7         of the Office of Information Systems from the

  8         Department of Labor and Employment Security to

  9         the Department of Management Services;

10         providing an exception for certain portions of

11         the office to be transferred to the Agency for

12         Workforce Innovation; providing for a type two

13         transfer of the Minority Business Advocacy and

14         Assistance Office from the Department of Labor

15         and Employment Security to the Department of

16         Management Services; creating the Florida Task

17         Force on Workplace Safety; prescribing

18         membership of the task force; providing a

19         purpose for the task force; providing for

20         staffing, administration, and information

21         sharing; requiring a report; authorizing the

22         Division of Workers' Compensation to establish

23         time-limited positions related to workplace

24         safety; authorizing the division to establish

25         permanent positions upon completion of the task

26         force report; providing for transfer of certain

27         records and property; providing for termination

28         of the task force; amending s. 39 of ch.

29         99-240, Laws of Florida; providing for the

30         transfer of the Division of Blind Services to

31         the Department of Management Services rather


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    CS for CS for SB 1206                          First Engrossed



  1         than the Department of Education; revising the

  2         effective date of such transfer; providing

  3         legislative intent on the transfer of functions

  4         of the Department of Labor and Employment

  5         Security; providing for reemployment assistance

  6         to dislocated department employees; providing

  7         for hiring preferences for such employees;

  8         providing for the transfer of certain records

  9         and funds; creating the Labor and Employment

10         Security Transition Team; prescribing

11         membership of the transition team; providing

12         for staffing; requiring reports; providing for

13         the termination of the transition team;

14         authorizing the transition team to use

15         unexpended funds to settle certain claims;

16         requiring the transition team to approve

17         certain personnel hirings and transfers;

18         requiring the submission of a budget amendment

19         to allocate resources of the Department of

20         Labor and Employment Security; exempting

21         specified state agencies, on a temporary basis,

22         from provisions relating to procurement of

23         property and services and leasing of space;

24         authorizing specified state agencies to develop

25         temporary emergency rules relating to the

26         implementation of this act; requiring the

27         Department of Revenue to notify businesses

28         relating to the transfer of unemployment

29         compensation tax responsibilities; amending s.

30         287.012, F.S.; revising a definition to conform

31         to the transfer of the Minority Business


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    CS for CS for SB 1206                          First Engrossed



  1         Advocacy and Assistance Office to the

  2         Department of Management Services; amending s.

  3         287.0947, F.S.; providing for the Florida

  4         Advisory Council on Small and Minority Business

  5         Development to be created within the Department

  6         of Management Services; amending s. 287.09451,

  7         F.S.; reassigning the Minority Business

  8         Advocacy and Assistance Office to the

  9         Department of Management Services; conforming

10         provisions; amending s. 20.15, F.S.;

11         establishing the Division of Occupational

12         Access and Opportunity within the Department of

13         Education; providing that the Occupational

14         Access and Opportunity Commission is the

15         director of the division; requiring the

16         department to assign certain powers, duties,

17         responsibilities, and functions to the

18         division; excepting from appointment by the

19         Commissioner of Education members of the

20         commission, the Florida Rehabilitation Council,

21         and the Florida Independent Living Council;

22         amending s. 120.80, F.S.; providing that

23         hearings on certain vocational rehabilitation

24         determinations by the Occupational Access and

25         Opportunity Commission need not be conducted by

26         an administrative law judge; amending s.

27         413.011, F.S.; revising the internal

28         organizational structure of the Division of

29         Blind Services; requiring the division to

30         implement the provisions of a 5-year plan;

31         requiring the division to contract with


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  1         community-based rehabilitation providers for

  2         the delivery of certain services; revising

  3         references to blind persons; requiring the

  4         Division of Blind Services to issue

  5         recommendations to the Legislature on a method

  6         of privatizing the Business Enterprise Program;

  7         providing definitions for the terms

  8         "community-based rehabilitation provider,"

  9         "council," "plan," and "state plan"; renaming

10         the Advisory Council for the Blind; revising

11         the membership and functions of the council to

12         be consistent with federal law; requiring the

13         council to prepare a 5-year strategic plan;

14         requiring the council to coordinate with

15         specified entities; deleting provisions

16         providing for the Governor to resolve funding

17         disagreements between the division and the

18         council; directing that meetings be held in

19         locations accessible to individuals with

20         disabilities; amending s. 413.014, F.S.;

21         requiring the Division of Blind Services to

22         report on use of community-based providers to

23         deliver services; amending s. 413.034, F.S.;

24         revising the membership of the Commission for

25         Purchase from the Blind or Other Severely

26         Handicapped to conform to transfer of the

27         Division of Blind Services and renaming of the

28         Division of Vocational Rehabilitation; amending

29         ss. 413.051, 413.064, 413.066, 413.067,

30         413.345, F.S.; conforming departmental

31         references to reflect the transfer of the


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    CS for CS for SB 1206                          First Engrossed



  1         Division of Blind Services to the Department of

  2         Management Services; expressing the intent of

  3         the Legislature that the provisions of this act

  4         relating to blind services not conflict with

  5         federal law; providing procedures in the event

  6         such conflict is asserted; amending s. 413.82,

  7         F.S.; providing definitions for the terms

  8         "community rehabilitation provider," "plan,"

  9         and "state plan"; conforming references;

10         amending s. 413.83, F.S.; specifying that

11         appointment of members to the commission is

12         subject to Senate confirmation; revising

13         composition of and appointments to the

14         commission; eliminating a requirement that the

15         Rehabilitation Council serve the commission;

16         authorizing the commission to establish an

17         advisory council composed of representatives

18         from not-for-profit organizations under certain

19         conditions; clarifying the entitlement of

20         commission members to reimbursement for certain

21         expenses; amending s. 413.84, F.S.; designating

22         the commission as the director of the Division

23         of Occupational Access and Opportunity;

24         specifying responsibilities of the commission;

25         authorizing the commission to make

26         administrative rules; authorizing the

27         commission to hire a division director;

28         revising time for implementation of the 5-year

29         plan prepared by the commission; expanding the

30         authority of the commission to contract with

31         the corporation; removing a requirement for


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    CS for CS for SB 1206                          First Engrossed



  1         federal approval to contract with a

  2         direct-support organization; authorizing the

  3         commission to appear on its own behalf before

  4         the Legislature; amending s. 413.85, F.S.;

  5         eliminating limitations on the tax status of

  6         the Occupational Access and Opportunity

  7         Corporation; specifying that the corporation is

  8         not an agency for purposes of certain

  9         government procurement laws; applying

10         provisions relating to waiver of sovereign

11         immunity to the corporation; providing that the

12         board of directors of the corporation be

13         composed of no fewer than seven and no more

14         than 15 members and that a majority of its

15         members be members of the commission;

16         authorizing the corporation to hire certain

17         individuals employed by the Division of

18         Vocational Rehabilitation; providing for a

19         lease agreement governing such employees;

20         prescribing terms of such lease agreement;

21         amending s. 413.86, F.S.; conforming an

22         organizational reference; creating s. 413.865,

23         F.S.; requiring coordination between vocational

24         rehabilitation and other workforce activities;

25         requiring development of performance

26         measurement methodologies; amending s. 413.87,

27         F.S.; conforming provision to changes made in

28         the act; amending s. 413.88, F.S.; conforming

29         provision to changes made in the act; amending

30         s. 413.89, F.S.; designating the department the

31         state agency effective July 1, 2000, and the


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    CS for CS for SB 1206                          First Engrossed



  1         commission the state agency effective October

  2         1, 2000, for purposes of federal law; deleting

  3         an obsolete reference; authorizing the

  4         department and the commission to provide for

  5         continued administration during the time

  6         between July 1, 2000, and October 1, 2000;

  7         amending s. 413.90, F.S.; deleting provision

  8         relating to designation of an administrative

  9         entity; designating a state agency and state

10         unit for specified purposes; transferring

11         certain components of the Division of

12         Vocational Rehabilitation to the Department of

13         Education; requiring a reduction in positions;

14         providing for a budget amendment; providing for

15         a transfer of certain administrative resources

16         of the Department of Labor and Employment

17         Security to the Department of Education;

18         amending s. 413.91, F.S.; deleting reference to

19         designated administrative entity; requiring the

20         commission to assure that all contractors

21         maintain quality control and are fit to

22         undertake responsibilities; amending s. 413.92,

23         F.S.; specifying entities answerable to the

24         Federal Government in the event of a conflict

25         with federal law; repealing s. 413.93, F.S.,

26         relating to the designated state agency under

27         federal law; amending s. 440.02, F.S.;

28         conforming the definitions of "department" and

29         "division" to the transfer of the Division of

30         Workers' Compensation to the Department of

31         Insurance; amending s. 440.207, F.S.;


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    CS for CS for SB 1206                          First Engrossed



  1         conforming a departmental reference; amending

  2         s. 440.385, F.S.; deleting obsolete provisions;

  3         conforming departmental references relating to

  4         the Florida Self-Insurance Guaranty

  5         Association, Inc.; amending s. 440.44, F.S.;

  6         conforming provisions; amending s. 440.4416,

  7         F.S.; reassigning the Workers' Compensation

  8         Oversight Board to the Department of Insurance;

  9         amending s. 440.45, F.S.; reassigning the

10         Office of the Judges of Compensation Claims to

11         the Department of Insurance; amending s.

12         440.49, F.S.; reassigning responsibility for a

13         report on the Special Disability Trust Fund to

14         the Department of Insurance; amending ss.

15         215.311, 413.091, 440.102, 440.125, 440.13,

16         440.25, 440.525, and 440.59, F.S.; conforming

17         agency references to reflect the transfer of

18         programs from the Department of Labor and

19         Employment Security to the Department of

20         Management Services and the Department of

21         Insurance; amending s. 443.012, F.S.; providing

22         for the Unemployment Appeals Commission to be

23         created within the Department of Management

24         Services rather than the Department of Labor

25         and Employment Security; conforming provisions;

26         providing for the transfer of the Unemployment

27         Appeals Commission to the Department of

28         Management Services by a type two transfer;

29         amending s. 443.036, F.S.; conforming the

30         definition of "commission" to the transfer of

31         the Unemployment Appeals Commission to the


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    CS for CS for SB 1206                          First Engrossed



  1         Department of Management Services; conforming

  2         the definition of "division" to the transfer of

  3         the Division of Unemployment Compensation to

  4         the Agency for Workforce Innovation; amending

  5         s. 443.151, F.S.; providing for unemployment

  6         compensation appeals referees to be appointed

  7         by the Unemployment Appeals Commission;

  8         requiring the Department of Management Services

  9         to provide facilities to the appeals referees

10         and the commission; requiring the Division of

11         Unemployment Compensation to post certain

12         notices in one-stop career centers; amending s.

13         443.171, F.S.; conforming duties of the

14         Division of Unemployment Compensation and

15         appointment of the Unemployment Compensation

16         Advisory Council to reflect program transfer to

17         the Agency for Workforce Innovation; conforming

18         cross-references; amending s. 443.211, F.S.;

19         conforming provisions; authorizing the

20         Unemployment Appeals Commission to approve

21         payments from the Employment Security

22         Administration Trust Fund; providing for use of

23         funds in the Special Employment Security

24         Administration Trust Fund by the Unemployment

25         Appeals Commission and the Agency for Workforce

26         Innovation; amending ss. 447.02, 447.04,

27         447.041, 447.045, 447.06, 447.12, 447.16, F.S.;

28         providing for part I of ch. 447, F.S., relating

29         to the regulation of labor organizations, to be

30         administered by the Department of Insurance;

31         deleting references to the Division of Jobs and


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    CS for CS for SB 1206                          First Engrossed



  1         Benefits and the Department of Labor and

  2         Employment Security; amending s. 447.203, F.S.;

  3         clarifying the definition of professional

  4         employee; amending s. 447.205, F.S.; conforming

  5         provisions to reflect the transfer of the

  6         Public Employees Relations Commission to the

  7         Department of Management Services and deleting

  8         obsolete provisions; amending s. 447.208, F.S.;

  9         clarifying the procedure for appeals, charges,

10         and petitions; amending s. 447.305, F.S.,

11         relating to the registration of employee

12         organizations; providing for the Public

13         Employees Relations Commission to share

14         registration information with the Department of

15         Insurance; amending s. 447.307, F.S.;

16         authorizing the commission to modify existing

17         bargaining units; amending s. 447.503, F.S.;

18         specifying procedures when a party fails to

19         appear for a hearing; amending s. 447.504,

20         F.S.; authorizing the commission to stay

21         certain procedures; providing for the transfer

22         of the commission to the Department of

23         Management Services by a type two transfer;

24         amending ss. 450.012, 450.061, 450.081,

25         450.095, 450.121, 450.132, 450.141, F.S.;

26         providing for part I of ch. 450, F.S., relating

27         to child labor, to be administered by the

28         Department of Insurance; deleting references to

29         the Division of Jobs and Benefits and the

30         Department of Labor and Employment Security;

31         amending s. 450.191, F.S., relating to the


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    CS for CS for SB 1206                          First Engrossed



  1         duties of the Executive Office of the Governor

  2         with respect to migrant labor; conforming

  3         provisions to changes made by the act; amending

  4         ss. 450.28, 450.30, 450.31, 450.33, 450.35,

  5         450.36, 450.37, 450.38, F.S., relating to farm

  6         labor registration; providing for part III of

  7         ch. 450, F.S., to be administered by the

  8         Department of Insurance; deleting references to

  9         the Division of Jobs and Benefits and the

10         Department of Labor and Employment Security;

11         requiring the Department of Revenue to report

12         on disbursement and cost-allocation of

13         unemployment compensation funds; requiring the

14         Department of Revenue to conduct a feasibility

15         study on privatization of unemployment

16         compensation activities; authorizing the

17         Department of Labor and Employment Security to

18         offer a voluntary reduction-in-force payment to

19         certain employees; requiring a plan to meet

20         specified criteria; providing for legislative

21         review; providing for the continuation of

22         contracts or agreements of the Department of

23         Labor and Employment Security; providing for a

24         successor department, agency, or entity to be

25         substituted for the Department of Labor and

26         Employment Security as a party in interest in

27         pending proceedings; providing for

28         severability; providing a conditional effective

29         date.

30

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


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    CS for CS for SB 1206                          First Engrossed



  1         Section 1.  Section 20.171, Florida Statutes, is

  2  repealed effective January 1, 2001.

  3         Section 2.  (1)  Effective July 1, 2000, the Division

  4  of Workers' Compensation and the Office of the Judges of

  5  Compensation Claims are transferred by a type one transfer, as

  6  defined in section 20.06(1), Florida Statutes, from the

  7  Department of Labor and Employment Security to the Department

  8  of Insurance.

  9         (2)  Effective July 1, 2000, all powers, duties,

10  functions, rules, records, personnel, property, and unexpended

11  balances of appropriations, allocations, and other funds of

12  the Division of Workforce and Employment Opportunities related

13  to the regulation of labor organizations under chapter 447,

14  Florida Statutes; the administration of child labor laws under

15  chapter 450, Florida Statutes; and the administration of

16  migrant labor and farm labor laws under chapter 450, Florida

17  Statutes, are transferred by a type two transfer, as defined

18  in section 20.06(2), Florida Statutes, from the Department of

19  Labor and Employment Security to the Bureau of Workplace

20  Regulation in the Division of Workers' Compensation of the

21  Department of Insurance.

22         (3)  Effective July 1, 2000, any other powers, duties,

23  functions, rules, records, personnel, property, and unexpended

24  balances of appropriations, allocations, and other funds of

25  the Department of Labor and Employment Security, not otherwise

26  transferred by this act, relating to workplace regulation and

27  enforcement, including, but not limited to, those under

28  chapter 448, Florida Statutes, are transferred by a type two

29  transfer, as defined in section 20.06(2), Florida Statutes,

30  from the department to the Bureau of Workplace Regulation in

31


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    CS for CS for SB 1206                          First Engrossed



  1  the Division of Workers' Compensation of the Department of

  2  Insurance.

  3         (4)  Effective July 1, 2000, the records, property, and

  4  unexpended balances of appropriations, allocations, and other

  5  funds and resources of the Office of the Secretary and the

  6  Office of Administrative Services of the Department of Labor

  7  and Employment Security which support the activities and

  8  functions transferred under subsections (1), (2), and (3) are

  9  transferred as provided in section 20.06(2), Florida Statutes,

10  to the Division of Workers' Compensation and the Office of the

11  Judges of Compensation Claims. The Department of Insurance, in

12  consultation with the Department of Labor and Employment

13  Security, shall determine the number of positions needed for

14  administrative support of the programs within the Division of

15  Workers' Compensation and the Office of the Judges of

16  Compensation Claims as transferred to the Department of

17  Insurance. The number of administrative support positions that

18  the Department of Insurance determines are needed shall not

19  exceed the number of administrative support positions that

20  prior to the transfer were authorized to the Department of

21  Labor and Employment Security for this purpose. Upon transfer

22  of the Division of Workers' Compensation and the Office of the

23  Judges of Compensation Claims, the number of required

24  administrative support positions as determined by the

25  Department of Insurance shall be authorized within the

26  Department of Insurance. The Department of Insurance may

27  transfer and reassign positions as deemed necessary to

28  effectively integrate the activities of the Division of

29  Workers' Compensation. Appointments to time-limited positions

30  under this act and authorized positions under this section may

31  be made without regard to the provisions of 60K-3, 4 and 17,


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    CS for CS for SB 1206                          First Engrossed



  1  Florida Administrative Code. Notwithstanding the provisions of

  2  section 216.181(8), Florida Statutes, the Department of

  3  Insurance is authorized, during Fiscal Year 2000-2001, to

  4  exceed the approved salary in the budget entities affected by

  5  this act.

  6         Section 3.  Subsection (2) of section 20.13, Florida

  7  Statutes, is amended, and subsection (7) is added to that

  8  section, to read:

  9         20.13  Department of Insurance.--There is created a

10  Department of Insurance.

11         (2)  The following divisions of the Department of

12  Insurance are established:

13         (a)  Division of Insurer Services.

14         (b)  Division of Insurance Consumer Services.

15         (c)  Division of Agents and Agencies Services.

16         (d)  Division of Rehabilitation and Liquidation.

17         (e)  Division of Risk Management.

18         (f)  Division of State Fire Marshal.

19         (g)  Division of Insurance Fraud.

20         (h)  Division of Administration.

21         (i)  Division of Treasury.

22         (j)  Division of Legal Services.

23         (k)  Division of Workers' Compensation.

24         (7)(a)  A Bureau of Workplace Regulation is created

25  within the Division of Workers' Compensation.

26         (b)  A Bureau of Workplace Safety is created within the

27  Division of Workers' Compensation.

28         Section 4.  Effective January 1, 2001, the Division of

29  Unemployment Compensation is transferred by a type two

30  transfer, as defined in section 20.06(2), Florida Statutes,

31  from the Department of Labor and Employment Security to the


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    CS for CS for SB 1206                          First Engrossed



  1  Agency for Workforce Innovation, except that all powers,

  2  duties, functions, rules, records, personnel, property, and

  3  unexpended balances of appropriations, allocations, and other

  4  funds of the division related to the resolution of disputed

  5  claims for unemployment compensation benefits through the use

  6  of appeals referees are transferred by a type two transfer, as

  7  defined in section 20.06(2), Florida Statutes, to the

  8  Unemployment Appeals Commission. Additionally, by January 1,

  9  2001, the Agency for Workforce Innovation shall enter into a

10  contract with the Department of Revenue to have the Department

11  of Revenue provide unemployment tax administration and

12  collection services to the Agency for Workforce Innovation.

13  Upon entering into such contract with the Agency for Workforce

14  Innovation to provide unemployment tax administration and

15  collection services, the Department of Revenue may transfer

16  from the agency or is authorized to establish the number of

17  positions determined by that contract. The Department of

18  Revenue, as detailed in that contract, may exercise all and

19  any authority that is provided in law to the Division of

20  Unemployment Compensation to fulfill the duties of that

21  contract as the division's tax-administration and

22  collection-services agent including, but not limited to, the

23  promulgating of rules necessary to administer and collect

24  unemployment taxes. The Department of Revenue is authorized to

25  contract with the Department of Management Services or other

26  appropriate public or private entities for professional

27  services, regarding the development, revision, implementation,

28  maintenance, and monitoring of electronic data systems and

29  management information systems associated with the

30  administration and collection of unemployment taxes.

31


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    CS for CS for SB 1206                          First Engrossed



  1         Section 5.  Effective January 1, 2001, the Office of

  2  Information Systems is transferred by a type two transfer, as

  3  defined in section 20.06(2), Florida Statutes, from the

  4  Department of Labor and Employment Security to the Department

  5  of Management Services, except that all powers, duties,

  6  functions, rules, records, personnel, property, and unexpended

  7  balances of appropriations, allocations, and other funds of

  8  the office related to workforce information systems planning

  9  are transferred effective October 1, 2000, by a type two

10  transfer as defined in section 20.06(2), Florida Statutes, to

11  the Agency for Workforce Innovation.

12         Section 6.  Effective October 1, 2000, the Minority

13  Business Advocacy and Assistance Office is transferred by a

14  type two transfer as defined in section 20.06(2), Florida

15  Statutes, from the Department of Labor and Employment Security

16  to the Department of Management Services.

17         Section 7.  (1)  Effective upon this act becoming a

18  law, the Florida Task Force on Workplace Safety is established

19  within the Department of Insurance. All members of the task

20  force shall be appointed prior to July 15, 2000, and the task

21  force shall hold its first meeting by August 15, 2000. The

22  task force shall be composed of 15 members as follows:

23         (a)  Five members appointed by the Governor, one of

24  whom must be a representative of a statewide business

25  organization, one of whom must be a representative of

26  organized labor, and three of whom must be from private-sector

27  businesses. The Governor shall name one of the appointees

28  under this paragraph as chair of the task force;

29         (b)  Four members appointed by the President of the

30  Senate, one of whom must be a representative of a statewide

31  business organization, one of whom must be a representative of


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    CS for CS for SB 1206                          First Engrossed



  1  organized labor, and two of whom must be from private-sector

  2  businesses;

  3         (c)  Four members appointed by the Speaker of the House

  4  of Representatives, one of whom must be a representative of a

  5  statewide business organization, one of whom must be a

  6  representative of organized labor, and two of whom must be

  7  from private-sector businesses;

  8         (d)  One member appointed from the private-sector by

  9  the Insurance Commissioner; and

10         (e)  The president of Enterprise Florida, Inc., or his

11  or her designee from the organization.

12

13  The Insurance Commissioner or the commissioner's designee from

14  the Department of Insurance shall serve as an ex officio

15  nonvoting member of the task force.

16         (2)  The purpose of the task force is to develop

17  findings and issue recommendations on innovative ways in which

18  the state may employ state or federal resources to reduce the

19  incidence of employee accidents, occupational diseases, and

20  fatalities compensable under the workers' compensation law.

21  The task force shall address issues including, but not limited

22  to:

23         (a)  Alternative organizational structures for the

24  delivery of workplace safety assistance services to businesses

25  following the repeal of the Division of Safety of the

26  Department of Labor and Employment Security under chapter

27  99-240, Laws of Florida;

28         (b)  The extent to which workplace safety assistance

29  services are or may be provided through private-sector

30  sources;

31


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    CS for CS for SB 1206                          First Engrossed



  1         (c)  The potential contribution of workplace safety

  2  assistance services to a reduction in workers' compensation

  3  rates for employers;

  4         (d)  Differences in the workplace safety needs of

  5  businesses based upon the size of the businesses and the

  6  nature of the businesses;

  7         (e)  Differences in the workplace safety needs of

  8  private-sector employers and public-sector employers;

  9         (f)  The relationship between federal and state

10  workplace safety activities; and

11         (g)  The impact of workplace safety and workers'

12  compensation on the economic development efforts of the state.

13         (3)  The task force shall be located in the Department

14  of Insurance, and staff of the department shall serve as staff

15  for the task force.

16         (4)  Members of the task force shall serve without

17  compensation but will be entitled to per diem and travel

18  expenses pursuant to section 112.061, Florida Statutes, while

19  in the performance of their duties.

20         (5)  The task force may procure information and

21  assistance from any officer or agency of the state or any

22  subdivision thereof. All such officials and agencies shall

23  give the task force all relevant information and assistance on

24  any matter within their knowledge or control.

25         (6)  The task force shall submit a report and

26  recommendations to the Governor, the Insurance Commissioner,

27  the President of the Senate, and the Speaker of the House of

28  Representatives no later than January 1, 2001. The report

29  shall include recommendations on the organizational structure,

30  mission, staffing structure and qualifications, and funding

31  level for the Bureau of Workplace Safety within the Division


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    CS for CS for SB 1206                          First Engrossed



  1  of Workers' Compensation of the Department of Insurance. The

  2  report also shall include any specific recommendations for

  3  legislative action during the 2001 Regular Session of the

  4  Legislature.

  5         (7)(a)  During Fiscal Year 2000-2001, the Division of

  6  Workers' Compensation of the Department of Insurance is

  7  authorized to establish 40 time-limited positions on July 1,

  8  2000, responsible for the 21(d) federal grant from the

  9  Occupational Safety and Health Administration and for the core

10  responsibilities under a program for enforcement of safety and

11  health regulations in the public sector.

12         (b)  After the Task Force on Workplace Safety has

13  issued its report and recommendations, the Division of

14  Workers' Compensation may eliminate the 40 time-limited

15  positions and establish and classify permanent positions as

16  authorized in the Fiscal Year 2000-2001 General Appropriations

17  Act or seek a budget amendment as provided in chapter 216,

18  Florida Statutes, to implement the recommendations of the task

19  force.

20         (c)  All records, property, and equipment of the

21  Division of Safety of the Department of Labor and Employment

22  Security, repealed under chapter 99-240, Laws of Florida,

23  shall be transferred to the Bureau of Workplace Safety of the

24  Division of Workers' Compensation of the Department of

25  Insurance for the bureau to retain, use, and maintain during

26  the deliberations of the task force.

27         (8)  The task force shall terminate upon submission of

28  its report.

29         Section 8.  Effective upon this act becoming a law,

30  section 39 of chapter 99-240, Laws of Florida, is amended to

31  read:


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    CS for CS for SB 1206                          First Engrossed



  1         Section 39.  Effective October 1, 2000 January 1, 2001,

  2  the Division of Blind Services is transferred by a type two

  3  transfer as defined in section 20.06(2) 20.06(5), Florida

  4  Statutes, from the Department of Labor and Employment Security

  5  to the Department of Management Services Education.

  6         Section 9.  (1)  It is the intent of the Legislature

  7  that the transfer of responsibilities from the Department of

  8  Labor and Employment Security to other units of state

  9  government as prescribed by this act be accomplished with

10  minimal disruption of services provided to the public and with

11  minimal disruption to the employees of the department. To that

12  end, the Legislature believes that a transition period during

13  which the activities of the department can be systematically

14  reduced and the activities of the other applicable units of

15  state government can be strategically increased is appropriate

16  and warranted.

17         (2)  The Department of Labor and Employment Security

18  and the Department of Management Services shall provide

19  coordinated reemployment assistance to employees of the

20  Department of Labor and Employment Security who are dislocated

21  as a result of this act. The state Workforce Development

22  Board, the regional workforce boards, and staff of the

23  one-stop career centers shall provide assistance to the

24  departments in carrying out the provisions of this section.

25         (3)  The state and its political subdivisions shall

26  give preference in the appointment and the retention of

27  employment to employees of the Department of Labor and

28  Employment Security who are dislocated as a result of this

29  act. Furthermore, for those positions for which an examination

30  is used to determine the qualifications for entrance into

31  employment with the state or its political subdivisions, 10


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    CS for CS for SB 1206                          First Engrossed



  1  points shall be added to the earned ratings of any employee of

  2  the Department of Labor and Employment Security who is

  3  dislocated as a result of this act if such person has obtained

  4  a qualifying score on the examination for the position.

  5  Preference is considered to have expired once such person has

  6  been employed by any state agency or any agency of a political

  7  subdivision of the state.

  8         (4)(a)  There is created the Labor and Employment

  9  Security Transition Team, which will be responsible for

10  coordinating and overseeing actions necessary to ensure the

11  timely, comprehensive, efficient, and effective implementation

12  of the provisions of this act, as well as implementation of

13  any statutory changes to the Department of Labor and

14  Employment Security's provision of workforce placement and

15  development services through the Division of Workforce and

16  Employment Opportunities. By February 1, 2001, the transition

17  team shall submit to the Governor, the President of the

18  Senate, and the Speaker of the House of Representatives a

19  comprehensive report on the transition of the Department of

20  Labor and Employment Security. The report shall include any

21  recommendations on legislative action necessary during the

22  2001 Regular Session of the Legislature to address substantive

23  or technical issues related to the department's transition.

24  The transition team shall terminate on May 15, 2001.

25         (b)  The transition team shall consist of the following

26  members:

27         1.  The Governor or the Governor's designee, who shall

28  serve as chair of the transition team and who shall convene

29  meetings of the transition team;

30         2.  The Secretary of Labor and Employment Security or

31  the secretary's designee;


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  1         3.  The Secretary of Management Services or the

  2  secretary's designee;

  3         4.  The Commissioner of Insurance or the commissioner's

  4  designee;

  5         5.  The executive director of the Department of Revenue

  6  or the executive director's designee;

  7         6.  The director of the Agency for Workforce Innovation

  8  or the director's designee;

  9         7.  The president of Workforce Florida, Inc., or the

10  president's designee;

11         8.  The Chief Information Officer for the State; and

12         9.  Any other members as deemed necessary by and

13  appointed by the Governor.

14         (c)  Staff of the Office of Policy and Budget in the

15  Executive Office of the Governor shall serve as staff for the

16  transition team. In addition, each member of the transition

17  team shall appoint appropriate staff members from the

18  organization that he or she represents to serve as liaisons to

19  the transition team and to assist the transition team as

20  necessary. Each member of the transition team shall be

21  responsible for ensuring that the organization that he or she

22  represents cooperates fully in the implementation of this act.

23         (d)  Between the date this act becomes a law and

24  January 1, 2001, the transition team shall submit bimonthly to

25  the President of the Senate and the Speaker of the House of

26  Representatives brief status reports on the progress and on

27  any significant problems in implementing this act.

28         (5)  The transfer of any programs, activities, and

29  functions under this act shall include the transfer of any

30  records and unexpended balances of appropriations,

31  allocations, or other funds related to such programs,


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    CS for CS for SB 1206                          First Engrossed



  1  activities, and functions. Any surplus records and unexpended

  2  balances of appropriations, allocations, or other funds not so

  3  transferred shall be transferred to the Department of

  4  Management Services for proper disposition. The Department of

  5  Management Services shall become the custodian of any property

  6  of the Department of Labor and Employment Security which is

  7  not otherwise transferred for the purposes of chapter 273,

  8  Florida Statutes. The Department of Management Services is

  9  authorized to permit the use of such property by organizations

10  as necessary to implement the provisions of this act.

11         (6)  The transition team, in conjunction with the

12  Office of the Attorney General, may use any unexpended

13  balances of the Department of Labor and Employment Security to

14  settle any claims or leases, pay out personnel annual leave or

15  sick leave, or close out other costs owed by the department,

16  regardless of whether such costs relate to federal, state, or

17  local governments; department employees; or the private

18  sector. Any remaining balances of the department shall be

19  transferred as directed by this act or by budget amendment.

20         (7)  The transition team shall monitor any personnel

21  plans of the Department of Labor and Employment Security and

22  any implementation activities of the department required by

23  this act. The department shall not fill a vacant position or

24  transfer an employee laterally between any divisions or other

25  units of the department without the approval of the transition

26  team.

27         (8)  The transition team may submit proposals to the

28  Governor and recommend budget amendments to ensure the

29  effective implementation of this act, maintenance of federal

30  funding, and continuation of services to customers without

31  interruption. Prior to October 1, 2000, the transition team,


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    CS for CS for SB 1206                          First Engrossed



  1  through the Office of Policy and Budget, shall prepare a

  2  budget amendment to allocate the resources of the Office of

  3  the Secretary, Office of Administrative Services, Division of

  4  Unemployment Compensation, and other resources of the

  5  Department of Labor and Employment Security not otherwise

  6  transferred by this act. The allocation of resources under

  7  this budget amendment must provide for the maintenance of the

  8  department until January 1, 2001, in order to complete

  9  activities related to the dissolution of the department and

10  must reserve any remaining funds or positions.

11         (9)  This section shall take effect upon this act

12  becoming a law.

13         Section 10.  To expedite the acquisition of goods and

14  services for implementing the provisions of this act, the

15  Department of Revenue, the Department of Insurance, the

16  Department of Management Services, and the Agency for

17  Workforce Innovation are exempt from the provisions of chapter

18  287, Florida Statutes, when contracting for the purchase or

19  lease of goods or services under this act. This section shall

20  take effect upon this act becoming a law and shall expire

21  January 1, 2001.

22         Section 11.  To expedite the leasing of facilities for

23  implementing the provisions of this act, the Department of

24  Revenue, the Department of Insurance, the Department of

25  Management Services, and the Agency for Workforce Innovation

26  are exempt from the requirements of any state laws relating to

27  the leasing of space, including, but not limited to, the

28  requirements imposed by section 255.25, Florida Statutes, and

29  any rules adopted under such laws, provided, however, that all

30  leases entered into under this act through January 1, 2001,

31  must be submitted for approval to the Department of Management


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    CS for CS for SB 1206                          First Engrossed



  1  Services at the earliest practicable time. This section shall

  2  take effect upon this act becoming a law and shall expire

  3  January 1, 2001.

  4         Section 12.  Notwithstanding the provisions of chapter

  5  120, Florida Statutes, to the contrary, the Department of

  6  Revenue, the Department of Insurance, the Department of

  7  Management Services, and the Agency for Workforce Innovation

  8  are authorized to develop emergency rules relating to and in

  9  furtherance of the orderly implementation of the provisions of

10  this act. These emergency rules shall be valid for a period of

11  270 days after the effective date of this act.

12         Section 13.  (1)  The Department of Revenue shall

13  develop and issue notification to all businesses registered

14  with the Department of Labor and Employment Security for the

15  purpose of paying unemployment compensation tax imposed

16  pursuant to chapter 443, Florida Statutes. Such notification

17  shall include, but not be limited to, information on the

18  transfer of responsibilities from the Department of Labor and

19  Employment Security to the Department of Revenue and other

20  agencies relating to unemployment compensation activities.

21         (2)  The Department of Revenue is authorized to issue

22  any notices, forms, documents, or publications relating to the

23  unemployment compensation tax which the Division of

24  Unemployment Compensation of the Department of Labor and

25  Employment Security was authorized to issue or publish under

26  chapter 443, Florida Statutes, prior to the transfer of any

27  responsibilities under this act.

28         (3)  The Department of Revenue is authorized to

29  determine the most efficient and effective method for

30  administering, collecting, enforcing, and auditing the

31  unemployment compensation tax in consultation with the


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    CS for CS for SB 1206                          First Engrossed



  1  businesses that pay such tax and consistent with the

  2  provisions of chapter 443, Florida Statutes.

  3         Section 14.  Effective October 1, 2000, subsection (19)

  4  of section 287.012, Florida Statutes, is amended to read:

  5         287.012  Definitions.--The following definitions shall

  6  apply in this part:

  7         (19)  "Office" means the Minority Business Advocacy and

  8  Assistance Office of the Department of Management Services

  9  Labor and Employment Security.

10         Section 15.  Effective October 1, 2000, subsection (1)

11  of section 287.0947, Florida Statutes, is amended to read:

12         287.0947  Florida Council on Small and Minority

13  Business Development; creation; membership; duties.--

14         (1)  On or after October 1, 2000 1996, the secretary of

15  the Department of Management Services Labor and Employment

16  Security may create the Florida Advisory Council on Small and

17  Minority Business Development with the purpose of advising and

18  assisting the secretary in carrying out the secretary's duties

19  with respect to minority businesses and economic and business

20  development. It is the intent of the Legislature that the

21  membership of such council include practitioners, laypersons,

22  financiers, and others with business development experience

23  who can provide invaluable insight and expertise for this

24  state in the diversification of its markets and networking of

25  business opportunities. The council shall initially consist of

26  19 persons, each of whom is or has been actively engaged in

27  small and minority business development, either in private

28  industry, in governmental service, or as a scholar of

29  recognized achievement in the study of such matters.

30  Initially, the council shall consist of members representing

31  all regions of the state and shall include at least one member


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    CS for CS for SB 1206                          First Engrossed



  1  from each group identified within the definition of "minority

  2  person" in s. 288.703(3), considering also gender and

  3  nationality subgroups, and shall consist of the following:

  4         (a)  Four members consisting of representatives of

  5  local and federal small and minority business assistance

  6  programs or community development programs.

  7         (b)  Eight members composed of representatives of the

  8  minority private business sector, including certified minority

  9  business enterprises and minority supplier development

10  councils, among whom at least two shall be women and at least

11  four shall be minority persons.

12         (c)  Two representatives of local government, one of

13  whom shall be a representative of a large local government,

14  and one of whom shall be a representative of a small local

15  government.

16         (d)  Two representatives from the banking and insurance

17  industry.

18         (e)  Two members from the private business sector,

19  representing the construction and commodities industries.

20         (f)  The chairperson of the Florida Black Business

21  Investment Board or the chairperson's designee.

22

23  A candidate for appointment may be considered if eligible to

24  be certified as an owner of a minority business enterprise, or

25  if otherwise qualified under the criteria above. Vacancies may

26  be filled by appointment of the secretary, in the manner of

27  the original appointment.

28         Section 16.  Effective October 1, 2000, subsections (2)

29  and (3) and paragraph (h) of subsection (4) of section

30  287.09451, Florida Statutes, are amended to read:

31


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    CS for CS for SB 1206                          First Engrossed



  1         287.09451  Minority Business Advocacy and Assistance

  2  Office; powers, duties, and functions.--

  3         (2)  The Minority Business Advocacy and Assistance

  4  Office is established within the Department of Management

  5  Services Labor and Employment Security to assist minority

  6  business enterprises in becoming suppliers of commodities,

  7  services, and construction to state government.

  8         (3)  The Secretary of the Department of Management

  9  Services secretary shall appoint an executive director for the

10  Minority Business Advocacy and Assistance Office, who shall

11  serve at the pleasure of the secretary.

12         (4)  The Minority Business Advocacy and Assistance

13  Office shall have the following powers, duties, and functions:

14         (h)  To develop procedures to investigate complaints

15  against minority business enterprises or contractors alleged

16  to violate any provision related to this section or s.

17  287.0943, that may include visits to worksites or business

18  premises, and to refer all information on businesses suspected

19  of misrepresenting minority status to the Department of

20  Management Services Labor and Employment Security for

21  investigation. When an investigation is completed and there is

22  reason to believe that a violation has occurred, the

23  Department of Management Services Labor and Employment

24  Security shall refer the matter to the office of the Attorney

25  General, Department of Legal Affairs, for prosecution.

26         Section 17.  Effective upon this act becoming a law,

27  subsections (3), (4), and (6) of section 20.15, Florida

28  Statutes, are amended and paragraph (d) is added to subsection

29  (5) of that section to read:

30         20.15  Department of Education.--There is created a

31  Department of Education.


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    CS for CS for SB 1206                          First Engrossed



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

  2  Department of Education are established:

  3         (a)  Division of Community Colleges.

  4         (b)  Division of Public Schools and Community

  5  Education.

  6         (c)  Division of Universities.

  7         (d)  Division of Workforce Development.

  8         (e)  Division of Human Resource Development.

  9         (f)  Division of Administration.

10         (g)  Division of Financial Services.

11         (h)  Division of Support Services.

12         (i)  Division of Technology.

13         (j)  Division of Occupational Access and Opportunity.

14         (4)  DIRECTORS.--The Board of Regents is the director

15  of the Division of Universities, the Occupational Access and

16  Opportunity Commission is the director of the Division of

17  Occupational Access and Opportunity, and the State Board of

18  Community Colleges is the director of the Division of

19  Community Colleges, pursuant to chapter 240.  The directors of

20  all other divisions shall be appointed by the commissioner

21  subject to approval by the state board.

22         (5)  POWERS AND DUTIES.--The State Board of Education

23  and the Commissioner of Education:

24         (d)  Shall assign to the Division of Occupational

25  Access and Opportunity such powers, duties, responsibilities,

26  and functions as are necessary to ensure the coordination,

27  efficiency, and effectiveness of its programs, including, but

28  not limited to, vocational rehabilitation and independent

29  living services to persons with disabilities which services

30  are funded under the Rehabilitation Act of 1973, as amended,

31  except:


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    CS for CS for SB 1206                          First Engrossed



  1         1.  Those duties specifically assigned to the Division

  2  of Blind Services of the Department of Management Services;

  3         2.  Those duties specifically assigned to the

  4  Commissioner of Education in ss. 229.512 and 229.551;

  5         3.  Those duties concerning physical facilities in

  6  chapter 235;

  7         4.  Those duties assigned to the State Board of

  8  Community Colleges in chapter 240; and

  9         5.  Those duties assigned to the Division of Workforce

10  Development in chapter 239.

11

12  Effective October 1, 2000, the Occupational Access and

13  Opportunity Commission shall assume all responsibilities

14  necessary to be the designated state agency for purposes of

15  compliance with the Rehabilitation Act of 1973, as amended.

16         (6)  COUNCILS AND COMMITTEES.--Notwithstanding anything

17  contained in law to the contrary, the Commissioner of

18  Education shall appoint all members of all councils and

19  committees of the Department of Education, except the Board of

20  Regents, the State Board of Community Colleges, the community

21  college district boards of trustees, the Postsecondary

22  Education Planning Commission, the Education Practices

23  Commission, the Education Standards Commission, the State

24  Board of Independent Colleges and Universities, the

25  Occupational Access and Opportunity Commission, the Florida

26  Rehabilitation Council, the Florida Independent Living

27  Council, and the State Board of Nonpublic Career Education.

28         Section 18.  Subsection (16) is added to section

29  120.80, Florida Statutes, to read:

30         120.80  Exceptions and special requirements;

31  agencies.--


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    CS for CS for SB 1206                          First Engrossed



  1         (16)  OCCUPATIONAL ACCESS AND OPPORTUNITY

  2  COMMISSION.--Notwithstanding s. 120.57(1)(a), hearings

  3  concerning determinations by the Occupational Access and

  4  Opportunity Commission on eligibility, plans of services, or

  5  closure need not be conducted by an administrative law judge

  6  assigned by the division. The commission may choose to

  7  contract with another appropriate resource in these matters.

  8         Section 19.  Effective October 1, 2000, section

  9  413.011, Florida Statutes, is amended to read:

10         413.011  Division of Blind Services, internal

11  organizational structure; Florida Rehabilitation Advisory

12  Council for the Blind Services.--

13         (1)  The internal organizational structure of the

14  Division of Blind Services shall be designed for the purpose

15  of ensuring the greatest possible efficiency and effectiveness

16  of services to the blind and to be consistent with chapter 20.

17  The Division of Blind Services shall plan, supervise, and

18  carry out the following activities under planning and policy

19  guidance from the Florida Rehabilitation Council for Blind

20  Services:

21         (a)  Implement the provisions of the 5-year strategic

22  plan prepared by the council under paragraph (3)(a) to provide

23  services to individuals who are blind.

24         (b)(a)  Recommend personnel as may be necessary to

25  carry out the purposes of this section.

26         (c)(b)  Cause to be compiled and maintained a complete

27  register of individuals in the state who are the blind in the

28  state, which shall describe the condition, cause of blindness,

29  and capacity for education and industrial training, with such

30  other facts as may seem to the division to be of value.  Any

31  information in the register of individuals who are the blind


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    CS for CS for SB 1206                          First Engrossed



  1  which, when released, could identify an individual is

  2  confidential and exempt from the provisions of s. 119.07(1).

  3         (d)(c)  Inquire into the cause of blindness, inaugurate

  4  preventive measures, and provide for the examination and

  5  treatment of individuals who are the blind, or those

  6  threatened with blindness, for the benefit of such persons,

  7  and shall pay therefor, including necessary incidental

  8  expenses.

  9         (e)(d)  Contract with community-based rehabilitation

10  providers, to the maximum extent allowable under federal law,

11  to assist individuals who are blind in obtaining Aid the blind

12  in finding employment, teach them trades and occupations

13  within their capacities, assist them in disposing of products

14  made by them in home industries, assist them in obtaining

15  funds for establishing enterprises where federal funds

16  reimburse the state, and do such things as will contribute to

17  the efficiency of self-support of individuals who are the

18  blind.

19         (f)(e)  Establish one or more training schools and

20  workshops for the employment of suitable individuals who are

21  blind persons; make expenditures of funds for such purposes;

22  receive moneys from sales of commodities involved in such

23  activities and from such funds make payments of wages,

24  repairs, insurance premiums and replacements of equipment. All

25  of the activities provided for in this section may be carried

26  on in cooperation with private workshops for individuals who

27  are the blind, except that all tools and equipment furnished

28  by the division shall remain the property of the state.

29         (g)(f)  Contract with community-based rehabilitation

30  providers, to the maximum extent allowable under federal law,

31  to provide special services and benefits for individuals who


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    CS for CS for SB 1206                          First Engrossed



  1  are the blind in order to assist them in for developing their

  2  social life through community activities and recreational

  3  facilities.

  4         (h)(g)  Undertake such other activities as may

  5  ameliorate the condition of blind citizens of this state who

  6  are blind.

  7         (i)(h)  Cooperate with other agencies, public or

  8  private, especially the Division of the Blind and Physically

  9  Handicapped of the Library of Congress and the Division of

10  Library and Information Services of the Department of State,

11  to provide library service to individuals who are the blind

12  and individuals who have other disabilities other handicapped

13  persons as defined in federal law and regulations in carrying

14  out any or all of the provisions of this law.

15         (j)(i)  Recommend contracts and agreements with

16  federal, state, county, municipal and private corporations,

17  and individuals.

18         (k)(j)  Receive moneys or properties by gift or bequest

19  from any person, firm, corporation, or organization for any of

20  the purposes herein set out, but without authority to bind the

21  state to any expenditure or policy except such as may be

22  specifically authorized by law.  All such moneys or properties

23  so received by gift or bequest as herein authorized may be

24  disbursed and expended by the division upon its own warrant

25  for any of the purposes herein set forth, and such moneys or

26  properties shall not constitute or be considered a part of any

27  legislative appropriation made by the state for the purpose of

28  carrying out the provisions of this law.

29         (l)(k)  Prepare and make available to individuals who

30  are the blind, in braille and on electronic recording

31


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    CS for CS for SB 1206                          First Engrossed



  1  equipment, Florida Statutes chapters 20, 120, 121, and 413, in

  2  their entirety.

  3         (m)(l)  Adopt by rule procedures necessary to comply

  4  with any plans prepared by the council for providing

  5  vocational rehabilitation services for individuals who are the

  6  blind.

  7         (n)(m)  Adopt by rule forms and instructions to be used

  8  by the division in its general administration.

  9         (o)  Recommend to the Legislature a method to privatize

10  the Business Enterprise Program established under s. 413.051

11  by creating a not-for-profit entity. The entity shall conform

12  to requirements of the federal Randolph Sheppard Act and shall

13  be composed of blind licensees with expertise in operating

14  business enterprises. The division shall submit its

15  recommendations to the Governor, the President of the Senate,

16  and the Speaker of the House of Representatives, as well as to

17  the appropriate substantive committees of the Legislature, by

18  January 1, 2001.

19         (2)  As used in this section:

20         (a)  "Act," unless the context indicates otherwise,

21  means the Rehabilitation Act of 1973, 29 U.S.C. ss. 701-797,

22  as amended.

23         (b)  "Blind" or "blindness" means the condition of any

24  person for whom blindness is a disability as defined by the

25  Rehabilitation Act of 1973, 29 U.S.C. s. 706(8)(b).

26         (c)  "Community-based rehabilitation provider" means a

27  provider of services to individuals in a community setting

28  which has as its primary function services directed toward

29  individuals who are blind.

30         (d)  "Council" means the Florida Rehabilitation Council

31  for Blind Services.


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    CS for CS for SB 1206                          First Engrossed



  1         (e)(c)  "Department" means the Department of Management

  2  Services Labor and Employment Security.

  3         (f)  "Plan" means the 5-year strategic plan developed

  4  by the council under paragraph (3)(a).

  5         (g)  "State plan" means the state plan for vocational

  6  rehabilitation required by the federal Rehabilitation Act of

  7  1973, as amended.

  8         (3)  There is hereby created in the department the

  9  Florida Rehabilitation Advisory Council for the Blind

10  Services. The council shall be established in accordance with

11  the act and must include at least four representatives of

12  private-sector businesses that are not providers of vocational

13  rehabilitation services. Members of the council shall serve

14  without compensation, but may be reimbursed for per diem and

15  travel expenses pursuant to s. 112.061. to assist the division

16  in the planning and development of statewide rehabilitation

17  programs and services, to recommend improvements to such

18  programs and services, and to perform the functions provided

19  in this section.

20         (a)  The advisory council shall be composed of:

21         1.  At least one representative of the Independent

22  Living Council, which representative may be the chair or other

23  designee of the council;

24         2.  At least one representative of a parent training

25  and information center established pursuant to s. 631(c)(9) of

26  the Individuals with Disabilities Act, 20 U.S.C. s.

27  1431(c)(9);

28         3.  At least one representative of the client

29  assistance program established under the act;

30         4.  At least one vocational rehabilitation counselor

31  who has knowledge of and experience in vocational


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    CS for CS for SB 1206                          First Engrossed



  1  rehabilitation services for the blind, who shall serve as an

  2  ex officio nonvoting member of the council if the counselor is

  3  an employee of the department;

  4         5.  At least one representative of community

  5  rehabilitation program service providers;

  6         6.  Four representatives of business, industry, and

  7  labor;

  8         7.  At least one representative of a disability

  9  advocacy group representing individuals who are blind;

10         8.  At least one parent, family member, guardian,

11  advocate, or authorized representative of an individual who is

12  blind, has multiple disabilities, and either has difficulties

13  representing himself or herself or is unable, due to

14  disabilities, to represent himself or herself;

15         9.  Current or former applicants for, or recipients of,

16  vocational rehabilitation services; and

17         10.  The director of the division, who shall be an ex

18  officio member of the council.

19         (b)  Members of the council shall be appointed by the

20  Governor, who shall select members after soliciting

21  recommendations from representatives of organizations

22  representing a broad range of individuals who have

23  disabilities, and organizations interested in those

24  individuals.

25         (c)  A majority of council members shall be persons who

26  are:

27         1.  Blind; and

28         2.  >Not employed by the division.

29         (d)  The council shall select a chair from among its

30  membership.

31


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    CS for CS for SB 1206                          First Engrossed



  1         (e)  Each member of the council shall serve for a term

  2  of not more than 3 years, except that:

  3         1.  A member appointed to fill a vacancy occurring

  4  prior to the expiration of the term for which a predecessor

  5  was appointed shall be appointed for the remainder of such

  6  term; and

  7         2.  The terms of service of the members initially

  8  appointed shall be, as specified by the Governor, for such

  9  fewer number of years as will provide for the expiration of

10  terms on a staggered basis.

11         (f)  No member of the council may serve more than two

12  consecutive full terms.

13         (g)  Any vacancy occurring in the membership of the

14  council shall be filled in the same manner as the original

15  appointment. A vacancy does not affect the power of the

16  remaining members to execute the duties of the council.

17         (a)(h)  In addition to the other functions specified in

18  the act this section, the council shall:

19         1.  Review, analyze, and direct advise the division

20  regarding the performance of the responsibilities of the

21  division under Title I of the act, particularly

22  responsibilities relating to:

23         a.  Eligibility, including order of selection;

24         b.  The extent, scope, and effectiveness of services

25  provided; and

26         c.  Functions performed by state agencies that affect

27  or potentially affect the ability of individuals who are blind

28  to achieve rehabilitation goals and objectives under Title I.

29         2.  Advise the department and the division, and provide

30  direction for, at the discretion of the department or

31  division, assist in the preparation of applications, the state


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    CS for CS for SB 1206                          First Engrossed



  1  plan as required by federal law, the strategic plan, and

  2  amendments to the plans, reports, needs assessments, and

  3  evaluations required by Title I.

  4         3.  Prepare by March 1, 2001, and begin implementing,

  5  by July 1, 2001, subject to approval by the Federal

  6  Government, a 5-year strategic plan to provide services to

  7  individuals who are blind. The council must consult with

  8  stakeholders and conduct public hearings as part of the

  9  development of the plan. The plan must be submitted to the

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

11  House of Representatives. The council annually shall make

12  amendments to the plan, which also must be submitted to the

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

14  House of Representatives. The plan must provide for the

15  maximum use of community-based rehabilitation providers for

16  the delivery of services and a corresponding reduction in the

17  number of state employees in the division to the minimum

18  number necessary to carry out the functions required under

19  this section. The plan also must provide for 90 percent of the

20  funds provided for services to individuals who are blind to be

21  used for direct customer services.

22         4.3.  To the extent feasible, conduct a review and

23  analysis of the effectiveness of, and consumer satisfaction

24  with:

25         a.  The functions performed by state agencies and other

26  public and private entities responsible for performing

27  functions for individuals who are blind.

28         b.  Vocational rehabilitation services:

29         (I)  Provided or paid for from funds made available

30  under the act or through other public or private sources.

31


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    CS for CS for SB 1206                          First Engrossed



  1         (II)  Provided by state agencies and other public and

  2  private entities responsible for providing vocational

  3  rehabilitation services to individuals who are blind.

  4         5.4.  Prepare and submit an annual report on the status

  5  of vocational rehabilitation services for individuals who are

  6  the blind in the state to the Governor and the Commissioner of

  7  the Rehabilitative Services Administration, established under

  8  s. 702 of the act, and make the report available to the

  9  public.

10         6.5.  Coordinate with other councils within the state,

11  including the Independent Living Council, the advisory panel

12  established under s. 613(a)(12) of the Individuals with

13  Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State

14  Planning Council described in s. 124 of the Developmental

15  Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.

16  6024, and the state mental health planning council established

17  under s. 1916(e) of the Public Health Service Act, 42 U.S.C.

18  300X-4(e), the Occupational Access and Opportunity Commission,

19  and the state Workforce Development Board under the federal

20  Workforce Investment Act.

21         7.6.  Advise the department and division and provide

22  for coordination and the establishment of working

23  relationships among the department, the division, the

24  Independent Living Council, and centers for independent living

25  in the state.

26         8.7.  Perform such other functions consistent with the

27  purposes of the act as the council determines to be

28  appropriate that are comparable to functions performed by the

29  council.

30         (b)(i)1.  The council shall prepare, in conjunction

31  with the division, a plan for the provision of such resources,


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    CS for CS for SB 1206                          First Engrossed



  1  including such staff and other personnel, as may be necessary

  2  to carry out the functions of the council. The resource plan

  3  shall, to the maximum extent possible, rely on the use of

  4  resources in existence during the period of implementation of

  5  the plan.

  6         2.  If there is a disagreement between the council and

  7  the division in regard to the resources necessary to carry out

  8  the functions of the council as set forth in this section, the

  9  disagreement shall be resolved by the Governor.

10         2.3.  The council shall, consistent with law, supervise

11  and evaluate such staff and other personnel as may be

12  necessary to carry out its functions.

13         3.4.  While assisting the council in carrying out its

14  duties, staff and other personnel shall not be assigned duties

15  by the division or any other state agency or office that would

16  create a conflict of interest.

17         (c)(j)  No council member shall cast a vote on any

18  matter that would provide direct financial benefit to the

19  member or otherwise give the appearance of a conflict of

20  interest under state law.

21         (d)(k)  The council shall convene at least four

22  meetings each year. These meetings shall occur in such places

23  as the council deems necessary to conduct council business.

24  The council may conduct such forums or hearings as the council

25  considers appropriate. The meetings, hearings, and forums

26  shall be publicly announced. The meetings shall be open and

27  accessible to the public. To the maximum extent possible, the

28  meetings shall be held in locations that are accessible to

29  individuals with disabilities. The council shall make a report

30  of each meeting which shall include a record of its

31


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    CS for CS for SB 1206                          First Engrossed



  1  discussions and recommendations, all of which reports shall be

  2  made available to the public.

  3         Section 20.  Effective October 1, 2000, section

  4  413.014, Florida Statutes, is amended to read:

  5         413.014  Community-based rehabilitation providers

  6  programs.--The 5-year plan prepared under s. 413.011(3)(a)3.

  7  shall require the Division of Blind Services to shall enter

  8  into cooperative agreements with community-based

  9  rehabilitation providers programs to be the service providers

10  for the blind citizens of their communities. State employees,

11  however, shall provide all services that may not be delegated

12  under federal law. The division shall, as rapidly as feasible,

13  increase the amount of such services provided by

14  community-based rehabilitation providers programs. The goal

15  shall be to decrease the amount of such services provided by

16  division employees and to increase to the maximum extent

17  allowed by federal law the amount of such services provided

18  through cooperative agreements with community-based service

19  providers.  The division shall seek, to the maximum extent

20  allowed by federal and state law and regulation, all available

21  federal funds for such purposes.  Funds and in-kind matching

22  contributions from community and private sources shall be used

23  to maximize federal funds. Unless prohibited by federal law or

24  regulation, the share of the federal vocational rehabilitation

25  grant apportioned for services to the blind shall be not less

26  than 17 percent. By December 31 of each year, the division

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

28  the Speaker of the House of Representatives a status report on

29  its progress on increasing the amount of services provided by

30  community-based rehabilitation providers as required by this

31  section. The report shall include recommendations on


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    CS for CS for SB 1206                          First Engrossed



  1  reductions in the number of division employees based upon

  2  increased use of community-based rehabilitation providers.

  3         Section 21.  Effective October 1, 2000, subsection (1)

  4  of section 413.034, Florida Statutes, is amended to read:

  5         413.034  Commission established; membership.--

  6         (1)  There is created within the Department of

  7  Management Services the Commission for Purchase from the Blind

  8  or Other Severely Handicapped, to be composed of the secretary

  9  of the Department of Management Services; the director of the

10  Division of Occupational Access and Opportunity Vocational

11  Rehabilitation of the Department of Education Labor and

12  Employment Security, who shall be an ex officio member with

13  voting rights; the director of the Division of Blind Services

14  of the Department of Management Services Labor and Employment

15  Security; and four members to be appointed by the Governor,

16  which four members shall be an executive director of a

17  nonprofit agency for the blind, an executive director of a

18  nonprofit agency for other severely handicapped persons, a

19  representative of private enterprise, and a representative of

20  other political subdivisions. All appointed members shall

21  serve for terms of 4 years.  Appointed commission members

22  shall serve subject to confirmation by the Senate.

23         Section 22.  Effective October 1, 2000, paragraph (a)

24  of subsection (2) and subsection (3) of section 413.051,

25  Florida Statutes, are amended to read:

26         413.051  Eligible blind persons; operation of vending

27  stands.--

28         (2)  As used in this section:

29         (a)  "Blind licensee" means any person who is blind and

30  who is person trained and licensed by the Division of Blind

31


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    CS for CS for SB 1206                          First Engrossed



  1  Services of the Department of Management Services Labor and

  2  Employment Security to operate a vending stand.

  3         (3)  Blind licensees shall be given the first

  4  opportunity to participate in the operation of vending stands

  5  on all state properties acquired after July 1, 1979, when such

  6  facilities are operated under the supervision of the Division

  7  of Blind Services of the Department of Management Services

  8  Labor and Employment Security.

  9         Section 23.  Effective October 1, 2000, section

10  413.064, Florida Statutes, is amended to read:

11         413.064  Rules.--The Department of Management Services

12  Labor and Employment Security shall adopt all necessary rules

13  pertaining to the conduct of a solicitation for the benefit of

14  individuals who are blind persons, including criteria for

15  approval of an application for a permit for such solicitation.

16         Section 24.  Effective October 1, 2000, section

17  413.066, Florida Statutes, is amended to read:

18         413.066  Revocation of permit.--Any failure on the part

19  of a person or organization holding a permit under the

20  provisions of ss. 413.061-413.068 to comply with the law or

21  with all rules promulgated by the Department of Management

22  Services Labor and Employment Security as authorized by s.

23  413.064 constitutes a ground for revocation of the permit by

24  the Division of Blind Services.

25         Section 25.  Effective October 1, 2000, section

26  413.067, Florida Statutes, is amended to read:

27         413.067  Penalty.--Any person who violates the

28  provisions of ss. 413.061-413.068 or any rule promulgated by

29  the Department of Management Services Labor and Employment

30  Security pursuant thereto commits a misdemeanor of the second

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


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    CS for CS for SB 1206                          First Engrossed



  1         Section 26.  Effective October 1, 2000, subsection (1)

  2  of section 413.395, Florida Statutes, is amended to read:

  3         413.395  Florida Independent Living Council.--

  4         (1)  There is created the Florida Independent Living

  5  Council to assist the division and the Division of Blind

  6  Services of the Department of Management Services Labor and

  7  Employment Security, as well as other state agencies and local

  8  planning and administrative entities assisted under Title VII

  9  of the act, in the expansion and development of statewide

10  independent living policies, programs, and concepts and to

11  recommend improvements for such programs and services. The

12  council shall function independently of the division and,

13  unless the council elects to incorporate as a not-for-profit

14  corporation, is assigned to the division for administrative

15  purposes only. The council may elect to be incorporated as a

16  Florida corporation not for profit and, upon such election,

17  shall be assisted in the incorporation by the division for the

18  purposes stated in this section. The appointed members of the

19  council may constitute the board of directors for the

20  corporation.

21         Section 27.  It is the intent of the Legislature that

22  the provisions of this act relating to services for

23  individuals who are blind not conflict with any federal

24  statute or implementing regulation governing federal

25  grant-in-aid programs administered by the Division of Blind

26  Services or the Florida Rehabilitation Council for Blind

27  Services. Whenever such a conflict is asserted by the U.S.

28  Department of Education or other applicable agency of the

29  Federal Government, the council shall submit to the U.S.

30  Department of Education or other applicable federal agency a

31  request for a favorable policy interpretation of the


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    CS for CS for SB 1206                          First Engrossed



  1  conflicting portions of such statute or regulation. If the

  2  request is approved, as certified in writing by the Secretary

  3  of the U.S. Department of Education or the head of the other

  4  applicable federal agency, the council or the division is

  5  authorized to adjust the plan as necessary to achieve

  6  conformity with federal statutes or regulations. Before

  7  adjusting the plan, the council or the division shall provide

  8  to the President of the Senate and the Speaker of the House of

  9  Representatives an explanation and justification of the

10  position of the council or division and shall outline all

11  feasible alternatives that are consistent with this act. These

12  alternatives may include the state supervision of local

13  service agencies by the council or the division if the

14  agencies are designated by the Governor.

15         Section 28.  Effective upon this act becoming a law,

16  section 413.82, Florida Statutes, is amended to read:

17         413.82  Definitions.--As used in ss. 413.81-413.93, the

18  term:

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

20  Access and Opportunity.

21         (2)  "Community rehabilitation provider" means a

22  provider of services to people in a community setting which

23  has as its primary function services directed toward

24  employment outcomes for people with disabilities.

25         (3)(2)  "Corporation" means the Occupational Access and

26  Opportunity Corporation.

27         (4)(3)  "Division" means the Division of Occupational

28  Access and Opportunity Vocational Rehabilitation.

29         (5)  "Plan" means the plan required by ss.

30  413.81-413.93.(4)  "Office" means the Executive Office of the

31  Governor.


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    CS for CS for SB 1206                          First Engrossed



  1         (6)(5)  "State plan" means the state plan for

  2  vocational rehabilitation required by Title I of the federal

  3  Rehabilitation Act of 1973, as amended, and ss. 413.81-413.93.

  4         (7)(6)  "Region" means a service area for a regional

  5  workforce development board established by the Workforce

  6  Development Board.

  7         Section 29.  Effective upon this act becoming a law,

  8  subsections (2), (3), (6), (7), (8), and (10) of section

  9  413.83, Florida Statutes, are amended to read:

10         413.83  Occupational Access and Opportunity Commission;

11  creation; purpose; membership.--

12         (2)  The commission shall consist of 16 voting members,

13  including 15 members appointed, as provided in this section

14  herein, by the Governor, the President of the Senate, and the

15  Speaker of the House of Representatives, and four ex-officio,

16  nonvoting members. The commission must contain a minimum of 50

17  percent representation from the private sector. Appointment of

18  members is subject to confirmation by the Senate. The

19  membership of the commission may not include more than two

20  individuals who are, or are employed by, community

21  rehabilitation providers who contract to provide vocational

22  rehabilitation services to individuals who qualify for the

23  program. The members of the commission shall include:

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

25  designee, who shall serve as chair until October 1, 2000;

26  after October 1, 2000, the commission shall elect a chair from

27  its membership;

28         (b)  Eight employers from the private sector, three of

29  whom shall be appointed by the Governor for a term of 4 years,

30  three of whom shall be appointed by the President of the

31  Senate for a term of 4 years, and two of whom shall be


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    CS for CS for SB 1206                          First Engrossed



  1  appointed by the Speaker of the House of Representatives for a

  2  term of 4 years;

  3         (c)  An individual who is a consumer of vocational

  4  rehabilitation services, who shall be appointed by the

  5  Governor for a term of 4 years;

  6         (d)  A community rehabilitation provider who contracts

  7  to provide vocational rehabilitation services to individuals

  8  who qualify for the program and who shall be appointed by the

  9  Governor for a term of 4 years;

10         (e)  Five representatives of business, workforce

11  development, education, state government, local government, a

12  consumer advocate group, or a community organization, three of

13  whom shall be appointed by the Governor for a term of 4 years,

14  one of whom shall be appointed by the President of the Senate

15  for a term of 4 years, and one of whom shall be appointed by

16  the Speaker of the House of Representatives for a term of 4

17  years; and

18         (f)  As exofficio, nonvoting members:

19         1.  The executive director or his or her designee from

20  the Advocacy Center for Persons with Disabilities;

21         2.  The chair of the Florida Rehabilitation Council;

22         3.  The chair of the Council for Independent Living;

23  and

24         4.  The chair of the Commission for the Purchase from

25  the Blind or Other Severely Handicapped.

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

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

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

29  the Blind or Other Severely Handicapped;

30         (e)  A community rehabilitation provider who contracts

31  to provide vocational rehabilitation services to individuals


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    CS for CS for SB 1206                          First Engrossed



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

  2  Governor for a term of 4 years;

  3         (f)  A representative from the Advocacy Center for

  4  Persons With Disabilities, who shall be appointed by the

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

  6         (g)  A consumer of vocational rehabilitation services,

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

  8  Representatives for a term of 4 years; and

  9         (h)  Other individuals with disabilities and

10  representatives of business, workforce development, education,

11  state government, local government, consumer advocate groups,

12  employers of individuals with disabilities, or community

13  organizations.

14         (3)  By September 1, 2000, after receiving

15  recommendations from the commission, the Governor, the

16  President of the Senate, and the Speaker of the House of

17  Representatives shall consult together and take actions

18  necessary to bring the membership of the commission into

19  compliance with the requirements of this section. In taking

20  such action, initial terms shall be staggered as necessary to

21  ensure that the terms of no more than one-fourth of the

22  commission's total appointed membership shall expire in any

23  1-year period. Initially, the Governor, the President of the

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

25  each appoint as members meeting the qualifications contained

26  in paragraph (2)(h), one member for a term of 3 years, one

27  member for a term of 2 years, and one member for a term of 1

28  year. Thereafter, after receiving recommendations from the

29  commission, the Governor, the President of the Senate, and the

30  Speaker of the House of Representatives shall appoint all

31  members for terms of 4 years. Any vacancy shall be filled by


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    CS for CS for SB 1206                          First Engrossed



  1  appointment by the original appointing authority for the

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

  3  proper qualifications for the vacancy.

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

  5  commission from its appointed members. The commission shall

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

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

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

  9  through the commission.

10         (7)  The Rehabilitation Council created by s. 413.405

11  shall serve the commission and shall continue to perform its

12  designated duties, with the commission as the designated state

13  vocational rehabilitation agency. The commission shall

14  consider the recommendations made by the council.

15         (8)  The commission may appoint advisory committees

16  that the commission considers appropriate, which may include

17  members from outside the commission to study special problems

18  or issues and advise the commission on those subjects.  The

19  commission shall establish an advisory council composed of

20  representatives from not-for-profit organizations that have

21  submitted a resolution requesting membership and have had the

22  request approved by the commission. Any existing advisory

23  board, commission, or council may seek to become an official

24  advisory committee to the commission by submitting to the

25  commission a resolution requesting affiliation and having the

26  request approved by the commission. The commission shall

27  establish the operating procedures of the committees.

28         (10)  The members of the commission may rely on and are

29  subject to are entitled to be reimbursed for reasonable and

30  necessary expenses of attending meetings and performing

31  commission duties, including per diem and travel expenses, and


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    CS for CS for SB 1206                          First Engrossed



  1  for personal care attendants and interpreters needed by

  2  members during meetings, as provided in s. 413.273.

  3         Section 30.  Effective upon this act becoming a law,

  4  section 413.84, Florida Statutes, is amended to read:

  5         413.84  Powers and duties.--The commission:

  6         (1)  Effective July 1, 2000, shall serve as the

  7  director of the Division of Occupational Access and

  8  Opportunity of the Department of Education.

  9         (2)  Is responsible for establishing policy, planning,

10  and quality assurance for the programs assigned and funded to

11  the division, including, but not limited to, vocational

12  rehabilitation and independent living services to persons with

13  disabilities which services are funded under the federal

14  Rehabilitation Act of 1973, as amended, in a coordinated,

15  efficient, and effective manner. The Occupational Access and

16  Opportunity Commission has authority to adopt rules pursuant

17  to ss. 120.536(1) and 120.54 to implement provisions of law

18  conferring duties upon it. Such rules and policies shall be

19  submitted to the State Board of Education for approval. If any

20  rule is not disapproved by the State Board of Education within

21  45 days after its receipt by the State Board of Education, the

22  rule shall be filed immediately with the Department of State.

23  Effective October 1, 2000, rules adopted by the commission do

24  not require approval by the State Board of Education.

25         (3)  Shall, in consultation with the Commissioner of

26  Education, hire a division director to be responsible to the

27  commission for operation and maintenance of the programs

28  assigned and funded to the division.

29         (4)(1)  Shall, no later than January July 1, 2001 2000,

30  after consulting with stakeholders and holding public

31  hearings, develop and implement a 5-year plan to promote


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    CS for CS for SB 1206                          First Engrossed



  1  occupational access and opportunities for Floridians with

  2  disabilities, and to fulfill the federal plan requirements.

  3  The plan must be submitted to the Governor, the President of

  4  the Senate, and the Speaker of the House of Representatives.

  5  The commission may make amendments annually to the plan, which

  6  must be submitted to the Governor, the President of the

  7  Senate, and the Speaker of the House of Representatives by the

  8  first of January.

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

10  Training Accounts, as described in the federal Workforce Act

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

12  developed, these accounts must be distributed under a written

13  memorandum of understanding with One-Stop Career Center

14  operators.

15         (b)  The plan must include an emergency response

16  component to address economic downturns.

17         (c)  The plan must designate an administrative entity

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

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

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

21  innovative contracts that upgrade or enhance direct services

22  to Floridians with disabilities.

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

24  into cooperative agreements with community-based

25  rehabilitation programs by workforce region to be the service

26  providers for the program; however, state career service

27  employees shall provide all services that may not be delegated

28  under mandated by federal law. The commission shall, as

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

30  provided by community-based rehabilitation programs. The plan

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


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  1  state law and regulation, all available funds for such

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

  3  private sources shall be used to enhance federal and state

  4  resources.

  5         (e)  The plan must include recommendations regarding

  6  specific performance standards and measurable outcomes, and

  7  must outline procedures for monitoring operations of the

  8  commission, the corporation, the division, commission's and

  9  all providers of services under contract to the commission's

10  designated administrative entity's operations to ensure that

11  performance data is maintained and supported by records of

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

13  Program Policy Analysis and Government Accountability in the

14  establishment of performance standards, measurable outcomes,

15  and monitoring procedures.

16         (5)(2)  Notwithstanding the provisions of part I of

17  chapter 287, shall contract, no later than July 1, 2000, with

18  the corporation administrative entity designated in the plan

19  to execute the services, functions, and programs prescribed in

20  the plan. The commission shall serve as contract

21  administrator. If approved by the federal Department of

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

23  organization. The commission shall define the terms of the

24  contract.

25         (6)(3)  Shall work with the employer community to

26  better define, address, and meet its business needs with

27  qualified Floridians with disabilities.

28         (7)(4)  Is responsible for the prudent use of all

29  public and private funds provided for the commission's use,

30  ensuring that the use of all funds is in accordance with all

31  applicable laws, bylaws, and contractual requirements.


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  1         (8)(5)  Shall develop an operational structure to carry

  2  out the plan developed by the commission.

  3         (9)(6)  May appear on its own behalf before the

  4  Legislature, boards, commissions, departments, or other

  5  agencies of municipal, county, state, or Federal Government.

  6         (10)(7)  In the performance of its duties, may

  7  undertake or commission research and studies.

  8         (11)(8)  Shall develop a budget, which is in keeping

  9  with the plan, for the operation and activities of the

10  commission and functions of its designated administrative

11  entity. The budget shall be submitted to the Governor for

12  inclusion in the Governor's budget recommendations.

13         (12)(9)  May assign staff from the office or division

14  to assist in implementing the provisions of this act relating

15  to the Occupational Access and Opportunity Commission.

16         Section 31.  Effective upon this act becoming a law,

17  subsections (1), (3), and (4) of section 413.85, Florida

18  Statutes, are amended to read:

19         413.85  Occupational Access and Opportunity

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

21  audit.--

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

23  contract with the corporation to provide services designate a

24  direct-support organization as its administrative entity, such

25  organization shall be designated the Occupational Access and

26  Opportunity Corporation:

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

28  in s. 501(c) s. 501(c)(6) of the Internal Revenue Code of

29  1986, as amended, and is incorporated under the provisions of

30  chapter 617 and approved by the Department of State.

31


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  1         (b)  Which is organized and operated exclusively to

  2  carry out such activities and tasks as the commission assigns

  3  through contract. request, receive, hold, invest, and

  4  administer property and to manage and make expenditures for

  5  the operation of the activities, services, functions, and

  6  programs of the provisions of this act relating to the

  7  Occupational Access and Opportunity Commission.

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

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

10  goals of the commission and the plan.

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

12  purposes of chapters 120, and 216, and 287; ss. 255.25 and

13  255.254, relating to leasing of buildings; ss. 283.33 and

14  283.35, relating to bids for printing; s. 215.31; and parts IV

15  through VIII of chapter 112.

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

17  chapter 119, relating to public records;, and the provisions

18  of chapter 286, relating to public meetings; and the

19  provisions of s. 768.28 as a corporation primarily acting as

20  an instrumentality of this state.

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

22  corporation shall be composed of no fewer than 7 and no more

23  than 15 members appointed by the commission, and a majority of

24  its members must be members of the commission 15 members,

25  appointed by the commission from its own membership. The vice

26  chair of the commission shall serve as chair of the

27  corporation's board of directors.

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

29  performance of its duties:

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

31  other functions as are necessary to carry out the provisions


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

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

  3  law.

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

  5  federal and state funding and to provide upgraded or expanded

  6  services to Floridians with disabilities if directed by the

  7  commission.

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

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

10  all promotional materials directly produced by the

11  corporation.

12         (d)  The corporation shall establish cooperative and

13  collaborative memoranda of understanding with One-Stop Career

14  Center operators to increase, upgrade, or expand  services to

15  Floridians with disabilities who are seeking employment and

16  self-sufficiency.

17         (e)  May hire any individual who, as of June 30, 2000,

18  is employed by the Division of Vocational Rehabilitation. Such

19  hiring may be done through a lease agreement established by

20  the Department of Management Services for the corporation.

21  Under such agreement, the employee shall retain his or her

22  status as a state employee, but shall work under the direct

23  supervision of the corporation. Retention of state employee

24  status shall include the right to participate in the Florida

25  Retirement System. The Department of Management Services shall

26  establish the terms and conditions of such lease agreements.

27         Section 32.  Effective upon this act becoming a law,

28  section 413.86, Florida Statutes, is amended to read:

29         413.86  Public-private partnerships.--The Division of

30  Occupational Access and Opportunity Vocational Rehabilitation

31  will enter into local public-private partnerships to the


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    CS for CS for SB 1206                          First Engrossed



  1  extent that it is beneficial to increasing employment outcomes

  2  for persons with disabilities and ensuring their full

  3  involvement in the comprehensive workforce investment system.

  4         Section 33.  Effective upon this act becoming law,

  5  section 413.865, Florida Statutes, is created to read:

  6         413.865  Coordination with workforce system.--

  7         (1)  The Occupational Access and Opportunity

  8  Commission, the Division of Occupational Access and

  9  Opportunity, the corporation, and community-based service

10  providers shall coordinate and integrate their planning,

11  programs, and services with the planning, programs, and

12  services of Workforce Florida, Inc., the Agency for Workforce

13  Innovation, regional workforce boards, and one-stop center

14  operators to ensure that persons with disabilities can easily

15  receive all intended and available federal, state, and local

16  program services.

17         (2)  These public and private partners shall work

18  together to ensure and provide continuity of service to

19  persons with disabilities throughout the state, as well as to

20  provide consistent and upgraded services to persons with

21  disabilities throughout the state.

22         (3)  These public and private partners shall work

23  together to ensure that Florida's design and implementation of

24  the federal Workforce Investment Act:

25         (a)  Integrates these partners in the One-Stop Delivery

26  System through memorandums of understanding;

27         (b)  Includes qualified and eligible providers of

28  services to persons with disabilities in consumer reports to

29  promote choice;

30

31


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  1         (c)  Develops, using the Untried Worker Placement and

  2  Employment Incentive Act, a tailored Individual Training

  3  Account design for persons with disabilities; and

  4         (d)  Provides electronic access for persons with

  5  disabilities to workforce development services.

  6         (4)  These partners, with resources under their control

  7  or by budget amendment, shall establish the collaboration

  8  prescribed by this section. The Commission and Workforce

  9  Florida, Inc., may adopt a joint agreement that commits,

10  contracts, redirects, and obligates resources under their

11  control to support the strategy detailed in this section.

12         (5)  The commission, in cooperation with its public and

13  private partners, shall be responsible for developing and

14  implementing comprehensive performance measurement

15  methodologies to monitor and evaluate the progress of the

16  commission and its public and private partners in meeting the

17  statutory responsibilities for providing services to

18  individuals with disabilities. These methodologies shall

19  include, but are not limited to, measures to evaluate the

20  performance of community rehabilitation providers who contract

21  with the commission. The commission shall emphasize

22  integration with performance measurement methodologies of the

23  state's workforce development system.

24         Section 34.  Effective upon this act becoming a law,

25  subsection (2) of section 413.87, Florida Statutes, is amended

26  to read:

27         413.87  Annual audit.--

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

29  quarterly report that:

30

31


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    CS for CS for SB 1206                          First Engrossed



  1         (a)  Updates its progress and impact in creating

  2  employment and increasing the personal income of individuals

  3  with disabilities;

  4         (b)  Provides detailed, unaudited financial statements

  5  of sources and uses of public and private funds;

  6         (c)  Measures progress towards annual goals and

  7  objectives set forth in the contract commission's plan;

  8         (d)  Reviews all pertinent research findings and

  9  training efforts; and

10         (e)  Provides other measures of accountability as

11  requested by the commission.

12         Section 35.  Effective upon this act becoming a law,

13  section 413.88, Florida Statutes, is amended to read:

14         413.88  Annual report of the Occupational Access and

15  Opportunity Commission; audits.--

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

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

18  the Speaker of the House of Representatives a complete and

19  detailed report setting forth for itself and its designated

20  administrative entity:

21         (a)  Its operations and accomplishments during the

22  fiscal year.

23         (b)  Its business and operational plan.

24         (c)  The assets and liabilities of the corporation

25  designated administrative entity at the end of its most recent

26  fiscal year.

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

28  audit.

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

30  own authority or at the direction of the Legislative Auditing

31


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    CS for CS for SB 1206                          First Engrossed



  1  Committee, conduct an audit of the commission or the

  2  corporation its designated administrative entity.

  3         Section 36.  Effective upon this act becoming a law,

  4  section 413.89, Florida Statutes, is amended to read:

  5         413.89  State vocational rehabilitation plan;

  6  preparation and submittal; administration.--Effective July 1,

  7  2000, the Department of Education is the designated state

  8  agency and the Division of Occupational Access and Opportunity

  9  is the designated state unit for purposes of compliance with

10  the federal Rehabilitation Act of 1973, as amended. Effective

11  October 1, 2000, Upon appointment, the Occupational Access and

12  Opportunity Commission is the designated state agency for

13  purposes of compliance with the Rehabilitation Act of 1973, as

14  amended, and authorized to prepare and submit the federally

15  required state vocational rehabilitation plan and to serve as

16  the governing authority of programs administered by the

17  commission, including, but not limited to: administering the

18  state's plan under the Rehabilitation Act of 1973, as amended;

19  receiving federal funds as the state vocational rehabilitation

20  agency; directing the expenditure of legislative

21  appropriations for rehabilitative services through its

22  designated administrative entity or other agents; and, if

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

24  considers necessary to maintain compliance with the federal

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

26  changes in order to continue to qualify and maintain federal

27  funding support. During the period of time between July 1,

28  2000, and October 1, 2000, the department and the appointment

29  of the commission and the designation of the administrative

30  entity, the commission and the division may, by agreement,

31


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    CS for CS for SB 1206                          First Engrossed



  1  provide for continued administration consistent with federal

  2  and state law.

  3         Section 37.  Effective upon this act becoming a law,

  4  section 413.90, Florida Statutes, is amended to read:

  5         413.90  Designated State Agency and Designated State

  6  Unit Designation of administrative entity.--Effective July 1,

  7  2000, The division must comply with the transitional direction

  8  of the plan. If the commission designates an administrative

  9  entity other than the division, all powers, duties, and

10  functions of and all related records, property, and equipment

11  and all contractual rights, obligations of, and unexpended

12  balances of appropriations and other funds or allocations of

13  the division's component programs of the Division of

14  Vocational Rehabilitation of the Department of Labor and

15  Employment Security shall be transferred to the Division of

16  Occupational Access and Opportunity of the Department of

17  Education commission as provided in the plan, pursuant to s.

18  20.06(2). The commission and the Department of Education, in

19  establishing the Division of Occupational Access and

20  Opportunity, may establish no more than 700 positions

21  inclusive of those positions leased by the corporation. These

22  positions may be filled initially by former employees of the

23  Division of Vocational Rehabilitation. By October 1, 2000, the

24  division shall reduce the number of positions to no more than

25  300. Notwithstanding the provisions of s. 110.227, if a layoff

26  becomes necessary with respect to the Division of Occupational

27  Access and Opportunity, the competitive area identified for

28  such layoff shall not include any other division of the

29  Department of Education. If unforeseen transition activities

30  occur in moving service delivery from division employees to

31  community rehabilitation providers and create situations


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    CS for CS for SB 1206                          First Engrossed



  1  negatively affecting client services, and the remedy to those

  2  temporary situations would require more than 300 positions,

  3  the division may request a budget amendment to retain

  4  positions. The request must provide full justification for the

  5  continuation and include the number of positions and duration

  6  of time required. In no instance shall the time required

  7  exceed 3 months. Effective July 1, 2000, the records,

  8  property, and unexpended balances of appropriations,

  9  allocations, and other funds and resources of the Office of

10  the Secretary and the Office of Administrative Services of the

11  Department of Labor and Employment Security which support the

12  activities and functions of the Division of Vocational

13  Rehabilitation are transferred as provided in s. 20.06(2), to

14  the Division of Occupational Access and Opportunity at the

15  Department of Education. The Department of Labor and

16  Employment Security shall assist the commission in carrying

17  out the intent of this chapter and achieving an orderly

18  transition. The Office of Planning and Budget shall submit the

19  necessary budget amendments to the Legislature in order to

20  bring the budget into compliance with the plan.

21         Section 38.  Effective upon this act becoming a law,

22  section 413.91, Florida Statutes, is amended to read:

23         413.91  Service providers; quality assurance and

24  fitness for responsibilities.--The Occupational Access and

25  Opportunity Commission shall assure that all contractors the

26  designated administrative entity and providers of direct

27  service maintain an internal system of quality assurance, have

28  proven functional systems, and are subject to a due-diligence

29  inquiry for their fitness to undertake service

30  responsibilities regardless of whether a contract for services

31  is competitively or noncompetitively procured.


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  1         Section 39.  Effective upon this act becoming a law,

  2  section 413.92, Florida Statutes, is amended to read:

  3         413.92  Conflict of laws.--It is the intent of the

  4  Legislature that the provisions of this act relating to the

  5  Occupational Access and Opportunity Commission not conflict

  6  with any federal statute or implementing regulation governing

  7  federal grant-in-aid programs administered by the division or

  8  the commission. Whenever such a conflict is asserted by the

  9  applicable agency of the Federal Government, until October 1,

10  2000, the department, and after October 1, 2000, the

11  commission shall submit to the federal Department of

12  Education, or other applicable federal agency, a request for a

13  favorable policy interpretation of the conflicting portions.

14  If the request is approved, as certified in writing by the

15  secretary of the federal Department of Education, or the head

16  of the other applicable federal agency, the commission or the

17  division is authorized to make the adjustments in the plan

18  which are necessary for achieving conformity to federal

19  statutes and regulations. Before making such adjustments, the

20  commission or the division shall provide to the President of

21  the Senate and the Speaker of the House of Representatives an

22  explanation and justification of the position of the division

23  or the commission and shall outline all feasible alternatives

24  that are consistent with this section. These alternatives may

25  include the state supervision of local service agencies by the

26  commission or the division if the agencies are designated by

27  the Governor.

28         Section 40.  Effective upon this act becoming a law,

29  section 413.93, Florida Statutes, is repealed.

30         Section 41.  Subsections (11) and (13) of section

31  440.02, Florida Statutes, are amended to read:


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  1         440.02  Definitions.--When used in this chapter, unless

  2  the context clearly requires otherwise, the following terms

  3  shall have the following meanings:

  4         (11)  "Department" means the Department of Insurance

  5  Labor and Employment Security.

  6         (13)  "Division" means the Division of Workers'

  7  Compensation of the Department of Insurance Labor and

  8  Employment Security.

  9         Section 42.  Subsection (1) of section 440.207, Florida

10  Statutes, is amended to read:

11         440.207  Workers' compensation system guide.--

12         (1)  The Division of Workers' Compensation of the

13  Department of Insurance Labor and Employment Security shall

14  educate all persons providing or receiving benefits pursuant

15  to this chapter as to their rights and responsibilities under

16  this chapter.

17         Section 43.  Subsections (2), (4), (5), (6), (9), and

18  (10); paragraph (c) of subsection (3); and paragraph (a) of

19  subsection (8) of section 440.385, Florida Statutes, are

20  amended to read:

21         440.385  Florida Self-Insurers Guaranty Association,

22  Incorporated.--

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

24  association shall consist of nine persons and shall be

25  organized as established in the plan of operation. With

26  respect to initial appointments, the Secretary of Labor and

27  Employment Security shall, by July 15, 1982, approve and

28  appoint to the board persons who are experienced with

29  self-insurance in this state and who are recommended by the

30  individual self-insurers in this state required to become

31  members of the association pursuant to the provisions of


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  1  paragraph (1)(a). In the event the secretary finds that any

  2  person so recommended does not have the necessary

  3  qualifications for service on the board and a majority of the

  4  board has been appointed, the secretary shall request the

  5  directors thus far approved and appointed to recommend another

  6  person for appointment to the board. Each director shall serve

  7  for a 4-year term and may be reappointed. Appointments other

  8  than initial appointments shall be made by the Insurance

  9  Commissioner and Treasurer Secretary of Labor and Employment

10  Security upon recommendation of members of the association.

11  Any vacancy on the board shall be filled for the remaining

12  period of the term in the same manner as appointments other

13  than initial appointments are made. Each director shall be

14  reimbursed for expenses incurred in carrying out the duties of

15  the board on behalf of the association.

16         (3)  POWERS AND DUTIES.--

17         (c)1.  To the extent necessary to secure funds for the

18  payment of covered claims and also to pay the reasonable costs

19  to administer them, the Department of Insurance Labor and

20  Employment Security, upon certification of the board of

21  directors, shall levy assessments based on the annual normal

22  premium each employer would have paid had the employer not

23  been self-insured.  Every assessment shall be made as a

24  uniform percentage of the figure applicable to all individual

25  self-insurers, provided that the assessment levied against any

26  self-insurer in any one year shall not exceed 1 percent of the

27  annual normal premium during the calendar year preceding the

28  date of the assessment. Assessments shall be remitted to and

29  administered by the board of directors in the manner specified

30  by the approved plan.  Each employer so assessed shall have at

31  least 30 days' written notice as to the date the assessment is


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  1  due and payable.  The association shall levy assessments

  2  against any newly admitted member of the association so that

  3  the basis of contribution of any newly admitted member is the

  4  same as previously admitted members, provision for which shall

  5  be contained in the plan of operation.

  6         2.  If, in any one year, funds available from such

  7  assessments, together with funds previously raised, are not

  8  sufficient to make all the payments or reimbursements then

  9  owing, the funds available shall be prorated, and the unpaid

10  portion shall be paid as soon thereafter as sufficient

11  additional funds become available.

12         3.  No state funds of any kind shall be allocated or

13  paid to the association or any of its accounts except those

14  state funds accruing to the association by and through the

15  assignment of rights of an insolvent employer.

16         (4)  INSOLVENCY FUND.--Upon the adoption of a plan of

17  operation or the adoption of rules by the Department of Labor

18  and Employment Security pursuant to subsection (5), there

19  shall be created an Insolvency Fund to be managed by the

20  association.

21         (a)  The Insolvency Fund is created for purposes of

22  meeting the obligations of insolvent members incurred while

23  members of the association and after the exhaustion of any

24  bond, as required under this chapter.  However, if such bond,

25  surety, or reinsurance policy is payable to the Florida

26  Self-Insurers Guaranty Association, the association shall

27  commence to provide benefits out of the Insolvency Fund and be

28  reimbursed from the bond, surety, or reinsurance policy.  The

29  method of operation of the Insolvency Fund shall be defined in

30  the plan of operation as provided in subsection (5).

31


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  1         (b)  The department shall have the authority to audit

  2  the financial soundness of the Insolvency Fund annually.

  3         (c)  The department may offer certain amendments to the

  4  plan of operation to the board of directors of the association

  5  for purposes of assuring the ongoing financial soundness of

  6  the Insolvency Fund and its ability to meet the obligations of

  7  this section.

  8         (d)  The department actuary may make certain

  9  recommendations to improve the orderly payment of claims.

10         (5)  PLAN OF OPERATION.--By September 15, 1982, The

11  board of directors shall use submit to the Department of Labor

12  and Employment Security a proposed plan of operation for the

13  administration of the association and the Insolvency Fund.

14         (a)  The purpose of the plan of operation shall be to

15  provide the association and the board of directors with the

16  authority and responsibility to establish the necessary

17  programs and to take the necessary actions to protect against

18  the insolvency of a member of the association.  In addition,

19  the plan shall provide that the members of the association

20  shall be responsible for maintaining an adequate Insolvency

21  Fund to meet the obligations of insolvent members provided for

22  under this act and shall authorize the board of directors to

23  contract and employ those persons with the necessary expertise

24  to carry out this stated purpose.

25         (b)  The plan of operation, and any amendments thereto,

26  shall take effect upon approval in writing by the department.

27  If the board of directors fails to submit a plan by September

28  15, 1982, or fails to make required amendments to the plan

29  within 30 days thereafter, the department shall promulgate

30  such rules as are necessary to effectuate the provisions of

31  this subsection.  Such rules shall continue in force until


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  1  modified by the department or superseded by a plan submitted

  2  by the board of directors and approved by the department.

  3         (b)(c)  All member employers shall comply with the plan

  4  of operation.

  5         (c)(d)  The plan of operation shall:

  6         1.  Establish the procedures whereby all the powers and

  7  duties of the association under subsection (3) will be

  8  performed.

  9         2.  Establish procedures for handling assets of the

10  association.

11         3.  Establish the amount and method of reimbursing

12  members of the board of directors under subsection (2).

13         4.  Establish procedures by which claims may be filed

14  with the association and establish acceptable forms of proof

15  of covered claims.  Notice of claims to the receiver or

16  liquidator of the insolvent employer shall be deemed notice to

17  the association or its agent, and a list of such claims shall

18  be submitted periodically to the association or similar

19  organization in another state by the receiver or liquidator.

20         5.  Establish regular places and times for meetings of

21  the board of directors.

22         6.  Establish procedures for records to be kept of all

23  financial transactions of the association and its agents and

24  the board of directors.

25         7.  Provide that any member employer aggrieved by any

26  final action or decision of the association may appeal to the

27  department within 30 days after the action or decision.

28         8.  Establish the procedures whereby recommendations of

29  candidates for the board of directors shall be submitted to

30  the department.

31


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  1         9.  Contain additional provisions necessary or proper

  2  for the execution of the powers and duties of the association.

  3         (d)(e)  The plan of operation may provide that any or

  4  all of the powers and duties of the association, except those

  5  specified under subparagraphs (c)1. (d)1. and 2., be delegated

  6  to a corporation, association, or other organization which

  7  performs or will perform functions similar to those of this

  8  association or its equivalent in two or more states.  Such a

  9  corporation, association, or organization shall be reimbursed

10  as a servicing facility would be reimbursed and shall be paid

11  for its performance of any other functions of the association.

12  A delegation of powers or duties under this subsection shall

13  take effect only with the approval of both the board of

14  directors and the department and may be made only to a

15  corporation, association, or organization which extends

16  protection which is not substantially less favorable and

17  effective than the protection provided by this section.

18         (6)  POWERS AND DUTIES OF DEPARTMENT OF INSURANCE LABOR

19  AND EMPLOYMENT SECURITY.--

20         (a)  The department shall:

21         1.  Notify the association of the existence of an

22  insolvent employer not later than 3 days after it receives

23  notice of the determination of insolvency.

24         2.  Upon request of the board of directors, provide the

25  association with a statement of the annual normal premiums of

26  each member employer.

27         (b)  The department may:

28         1.  Require that the association notify the member

29  employers and any other interested parties of the

30  determination of insolvency and of their rights under this

31  section.  Such notification shall be by mail at the last known


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  1  address thereof when available; but, if sufficient information

  2  for notification by mail is not available, notice by

  3  publication in a newspaper of general circulation shall be

  4  sufficient.

  5         2.  Suspend or revoke the authority of any member

  6  employer failing to pay an assessment when due or failing to

  7  comply with the plan of operation to self-insure in this

  8  state. As an alternative, the department may levy a fine on

  9  any member employer failing to pay an assessment when due.

10  Such fine shall not exceed 5 percent of the unpaid assessment

11  per month, except that no fine shall be less than $100 per

12  month.

13         3.  Revoke the designation of any servicing facility if

14  the department finds that claims are being handled

15  unsatisfactorily.

16         (8)  PREVENTION OF INSOLVENCIES.--To aid in the

17  detection and prevention of employer insolvencies:

18         (a)  Upon determination by majority vote that any

19  member employer may be insolvent or in a financial condition

20  hazardous to the employees thereof or to the public, it shall

21  be the duty of the board of directors to notify the Department

22  of Insurance Labor and Employment Security of any information

23  indicating such condition.

24         (9)  EXAMINATION OF THE ASSOCIATION.--The association

25  shall be subject to examination and regulation by the

26  Department of Insurance Labor and Employment Security. No

27  later than March 30 of each year, the board of directors shall

28  submit a financial report for the preceding calendar year in a

29  form approved by the department.

30         (10)  IMMUNITY.--There shall be no liability on the

31  part of, and no cause of action of any nature shall arise


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  1  against, any member employer, the association or its agents or

  2  employees, the board of directors, or the Department of

  3  Insurance Labor and Employment Security or its representatives

  4  for any action taken by them in the performance of their

  5  powers and duties under this section.

  6         Section 44.  Subsection (6) of section 440.44, Florida

  7  Statutes, is amended to read:

  8         440.44  Workers' compensation; staff organization.--

  9         (6)  SEAL.--The division, the judges of compensation

10  claims, and the Chief Judge shall have a seal upon which shall

11  be inscribed the words "State of Florida Department of

12  Insurance Labor and Employment Security--Seal."

13         Section 45.  Subsections (1) and (3) of section

14  440.4416, Florida Statutes, are amended to read:

15         440.4416  Workers' Compensation Oversight Board.--

16         (1)  There is created within the Department of

17  Insurance Labor and Employment Security the Workers'

18  Compensation Oversight Board. The board shall be composed of

19  the following members, each of whom has knowledge of, or

20  experience with, the workers' compensation system:

21         (a)  Six members selected by the Governor, none of whom

22  shall be a member of the Legislature at the time of

23  appointment, consisting of the following:

24         1.  Two representatives of employers.

25         2.  Four representatives of employees, one of whom must

26  be a representative of an employee's union whose members are

27  covered by workers' compensation pursuant to this chapter.

28         (b)  Three members selected by the President of the

29  Senate, none of whom shall be members of the Legislature at

30  the time of appointment, consisting of:

31


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  1         1.  A representative of employers who employs at least

  2  10 employees in Florida for which workers' compensation

  3  coverage is provided pursuant to this chapter, and who is a

  4  licensed general contractor actively engaged in the

  5  construction industry in this state.

  6         2.  A representative of employers who employs fewer

  7  than 10 employees in Florida for which workers' compensation

  8  coverage is provided pursuant to this chapter.

  9         3.  A representative of employees.

10         (c)  Three members selected by the Speaker of the House

11  of Representatives, none of whom shall be members of the

12  Legislature at the time of appointment, consisting of:

13         1.  A representative of employers who employs fewer

14  than 10 employees in Florida and who is a licensed general

15  contractor actively engaged in the construction industry in

16  this state for which workers' compensation coverage is

17  provided pursuant to this chapter.

18         2.  A representative of employers who employs at least

19  10 employees in Florida for which workers' compensation

20  coverage is provided pursuant to this chapter.

21         3.  A representative of employees.

22         (d)  Additionally, the Insurance Commissioner and the

23  secretary of the Department of Labor and Employment Security

24  shall be a nonvoting ex officio member members.

25         (e)  The original appointments to the board shall be

26  made on or before January 1, 1994. Vacancies in the membership

27  of the board shall be filled in the same manner as the

28  original appointments. Except as to ex officio members of the

29  board, three appointees of the Governor, two appointees of the

30  President of the Senate, and two appointees of the Speaker of

31  the House of Representatives shall serve for terms of 2 years,


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  1  and the remaining appointees shall serve for terms of 4 years.

  2  Thereafter, all members shall serve for terms of 4 years;

  3  except that a vacancy shall be filled by appointment for the

  4  remainder of the term. The board shall have an organizational

  5  meeting on or before March 1, 1994, the time and place of such

  6  meeting to be determined by the Governor.

  7         (f)  Each member is accountable to the Governor for

  8  proper performance of his or her duties as a member of the

  9  board. The Governor may remove from office any member for

10  malfeasance, misfeasance, neglect of duty, drunkenness,

11  incompetence, permanent inability to perform official duties,

12  or for pleading guilty or nolo contendere to, or having been

13  adjudicated guilty of, a first degree misdemeanor or a felony.

14         (g)  A vacancy shall occur upon failure of a member to

15  attend four consecutive meetings of the board or 50 percent of

16  the meetings of the board during a 12-month period, unless the

17  board by majority votes to excuse the absence of such member.

18         (3)  EXECUTIVE DIRECTOR; EXPENSES.--

19         (a)  The board shall appoint an executive director to

20  direct and supervise the administrative affairs and general

21  management of the board who shall be subject to the provisions

22  of part IV of chapter 110. The executive director may employ

23  persons and obtain technical assistance as authorized by the

24  board and shall attend all meetings of the board. Board

25  employees shall be exempt from part II of chapter 110.

26         (b)  In addition to per diem and travel expenses

27  authorized by s. 112.061, board members shall receive

28  compensation of $50 for each full day allocable to business of

29  the board. The board shall promulgate procedures defining

30  "business" for purposes of receiving compensation. Such

31  procedures shall require each member to maintain time records


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    CS for CS for SB 1206                          First Engrossed



  1  and submit such records to the executive director on a monthly

  2  basis. Failure to timely file such monthly record shall

  3  extinguish the member's entitlement to compensation for the

  4  subject period. Travel outside this state shall be approved by

  5  the Insurance Commissioner and Treasurer secretary of the

  6  department. Expenses associated with the administration of

  7  this section shall be appropriated and paid for from the trust

  8  fund created by s. 440.50.

  9         Section 46.  Subsection (1) of section 440.45, Florida

10  Statutes, is amended to read:

11         440.45  Office of the Judges of Compensation Claims.--

12         (1)  There is hereby created the Office of the Judges

13  of Compensation Claims within the Department of Insurance

14  Labor and Employment Security. The Office of the Judges of

15  Compensation Claims shall be headed by a Chief Judge.  The

16  Chief Judge shall be appointed by the Governor for a term of 4

17  years from a list of three names submitted by the statewide

18  nominating commission created under subsection (2). The Chief

19  Judge must possess the same qualifications for appointment as

20  a judge of compensation claims, and the procedure for

21  reappointment of the Chief Judge will be the same as for

22  reappointment of a judge of compensation claims. The office

23  shall be a separate budget entity and the Chief Judge shall be

24  its agency head for all purposes.  The Department of Insurance

25  Labor and Employment Security shall provide administrative

26  support and service to the office to the extent requested by

27  the Chief Judge but shall not direct, supervise, or control

28  the Office of the Judges of Compensation Claims in any manner,

29  including, but not limited to, personnel, purchasing,

30  budgetary matters, or property transactions. The operating

31  budget of the Office of the Judges of Compensation Claims


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  1  shall be paid out of the Workers' Compensation Administration

  2  Trust Fund established in s. 440.50.

  3         Section 47.  Paragraph (e) of subsection (9) of section

  4  440.49, Florida Statutes, is amended to read:

  5         440.49  Limitation of liability for subsequent injury

  6  through Special Disability Trust Fund.--

  7         (9)  SPECIAL DISABILITY TRUST FUND.--

  8         (e)  The Department of Insurance Labor and Employment

  9  Security or administrator shall report annually on the status

10  of the Special Disability Trust Fund.  The report shall update

11  the estimated undiscounted and discounted fund liability, as

12  determined by an independent actuary, change in the total

13  number of notices of claim on file with the fund in addition

14  to the number of newly filed notices of claim, change in the

15  number of proofs of claim processed by the fund, the fee

16  revenues refunded and revenues applied to pay down the

17  liability of the fund, the average time required to reimburse

18  accepted claims, and the average administrative costs per

19  claim.  The department or administrator shall submit its

20  report to the Governor, the President of the Senate, and the

21  Speaker of the House of Representatives by December 1 of each

22  year.

23         Section 48.  Effective October 1, 2000, section

24  215.311, Florida Statutes, is amended to read:

25         215.311  State funds; exceptions.--The provisions of s.

26  215.31 shall not apply to funds collected by and under the

27  direction and supervision of the Division of Blind Services of

28  the Department of Management Services Labor and Employment

29  Security as provided under ss. 413.011, 413.041, and 413.051;

30  however, nothing in this section shall be construed to except

31


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  1  from the provisions of s. 215.31 any appropriations made by

  2  the state to the division.

  3         Section 49.  Effective October 1, 2000, subsection (1)

  4  of section 413.091, Florida Statutes, is amended to read:

  5         413.091  Identification cards.--

  6         (1)  The Division of Blind Services of the Department

  7  of Management Services Labor and Employment Security is hereby

  8  empowered to issue identification cards to persons known to be

  9  blind or partially sighted, upon the written request of such

10  individual.

11         Section 50.  Subsection (3) of section 440.102, Florida

12  Statutes, is amended to read:

13         440.102  Drug-free workplace program requirements.--The

14  following provisions apply to a drug-free workplace program

15  implemented pursuant to law or to rules adopted by the Agency

16  for Health Care Administration:

17         (3)  NOTICE TO EMPLOYEES AND JOB APPLICANTS.--

18         (a)  One time only, prior to testing, an employer shall

19  give all employees and job applicants for employment a written

20  policy statement which contains:

21         1.  A general statement of the employer's policy on

22  employee drug use, which must identify:

23         a.  The types of drug testing an employee or job

24  applicant may be required to submit to, including

25  reasonable-suspicion drug testing or drug testing conducted on

26  any other basis.

27         b.  The actions the employer may take against an

28  employee or job applicant on the basis of a positive confirmed

29  drug test result.

30         2.  A statement advising the employee or job applicant

31  of the existence of this section.


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  1         3.  A general statement concerning confidentiality.

  2         4.  Procedures for employees and job applicants to

  3  confidentially report to a medical review officer the use of

  4  prescription or nonprescription medications to a medical

  5  review officer both before and after being tested.

  6         5.  A list of the most common medications, by brand

  7  name or common name, as applicable, as well as by chemical

  8  name, which may alter or affect a drug test. A list of such

  9  medications as developed by the Agency for Health Care

10  Administration shall be available to employers through the

11  Division of Workers' Compensation of the Department of

12  Insurance Labor and Employment Security.

13         6.  The consequences of refusing to submit to a drug

14  test.

15         7.  A representative sampling of names, addresses, and

16  telephone numbers of employee assistance programs and local

17  drug rehabilitation programs.

18         8.  A statement that an employee or job applicant who

19  receives a positive confirmed test result may contest or

20  explain the result to the medical review officer within 5

21  working days after receiving written notification of the test

22  result; that if an employee's or job applicant's explanation

23  or challenge is unsatisfactory to the medical review officer,

24  the medical review officer shall report a positive test result

25  back to the employer; and that a person may contest the drug

26  test result pursuant to law or to rules adopted by the Agency

27  for Health Care Administration.

28         9.  A statement informing the employee or job applicant

29  of his or her responsibility to notify the laboratory of any

30  administrative or civil action brought pursuant to this

31  section.


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  1         10.  A list of all drugs for which the employer will

  2  test, described by brand name or common name, as applicable,

  3  as well as by chemical name.

  4         11.  A statement regarding any applicable collective

  5  bargaining agreement or contract and the right to appeal to

  6  the Public Employees Relations Commission or applicable court.

  7         12.  A statement notifying employees and job applicants

  8  of their right to consult with a medical review officer for

  9  technical information regarding prescription or

10  nonprescription medication.

11         (b)  An employer not having a drug-testing program

12  shall ensure that at least 60 days elapse between a general

13  one-time notice to all employees that a drug-testing program

14  is being implemented and the beginning of actual drug testing.

15  An employer having a drug-testing program in place prior to

16  July 1, 1990, is not required to provide a 60-day notice

17  period.

18         (c)  An employer shall include notice of drug testing

19  on vacancy announcements for positions for which drug testing

20  is required. A notice of the employer's drug-testing policy

21  must also be posted in an appropriate and conspicuous location

22  on the employer's premises, and copies of the policy must be

23  made available for inspection by the employees or job

24  applicants of the employer during regular business hours in

25  the employer's personnel office or other suitable locations.

26         Section 51.  Subsection (1) of section 440.125, Florida

27  Statutes, is amended to read:

28         440.125  Medical records and reports; identifying

29  information in employee medical bills; confidentiality.--

30         (1)  Any medical records and medical reports of an

31  injured employee and any information identifying an injured


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  1  employee in medical bills which are provided to the Division

  2  of Workers' Compensation of the Department of Insurance Labor

  3  and Employment Security pursuant to s. 440.13 are confidential

  4  and exempt from the provisions of s. 119.07(1) and s. 24(a),

  5  Art. I of the State Constitution, except as otherwise provided

  6  by this chapter.

  7         Section 52.  Paragraph (a) of subsection (11) of

  8  section 440.13, Florida Statutes, is amended to read:

  9         440.13  Medical services and supplies; penalty for

10  violations; limitations.--

11         (11)  AUDITS BY DIVISION; JURISDICTION.--

12         (a)  The Division of Workers' Compensation of the

13  Department of Insurance Labor and Employment Security may

14  investigate health care providers to determine whether

15  providers are complying with this chapter and with rules

16  adopted by the division, whether the providers are engaging in

17  overutilization, and whether providers are engaging in

18  improper billing practices. If the division finds that a

19  health care provider has improperly billed, overutilized, or

20  failed to comply with division rules or the requirements of

21  this chapter it must notify the provider of its findings and

22  may determine that the health care provider may not receive

23  payment from the carrier or may impose penalties as set forth

24  in subsection (8) or other sections of this chapter. If the

25  health care provider has received payment from a carrier for

26  services that were improperly billed or for overutilization,

27  it must return those payments to the carrier. The division may

28  assess a penalty not to exceed $500 for each overpayment that

29  is not refunded within 30 days after notification of

30  overpayment by the division or carrier.

31


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  1         Section 53.  Paragraph (f) of subsection (4) and

  2  paragraph (b) of subsection (5) of section 440.25, Florida

  3  Statutes, are amended to read:

  4         (4)

  5         (f)  Each judge of compensation claims is required to

  6  submit a special report to the Chief Judge in each contested

  7  workers' compensation case in which the case is not determined

  8  within 14 days of final hearing. Said form shall be provided

  9  by the Chief Judge and shall contain the names of the judge of

10  compensation claims and of the attorneys involved and a brief

11  explanation by the judge of compensation claims as to the

12  reason for such a delay in issuing a final order. The Chief

13  Judge shall compile these special reports into an annual

14  public report to the Governor, the Insurance Commissioner

15  Secretary of Labor and Employment Security, the Legislature,

16  The Florida Bar, and the appellate district judicial

17  nominating commissions.

18         (5)

19         (b)  An appellant may be relieved of any necessary

20  filing fee by filing a verified petition of indigency for

21  approval as provided in s. 57.081(1) and may be relieved in

22  whole or in part from the costs for preparation of the record

23  on appeal if, within 15 days after the date notice of the

24  estimated costs for the preparation is served, the appellant

25  files with the judge of compensation claims a copy of the

26  designation of the record on appeal, and a verified petition

27  to be relieved of costs. A verified petition filed prior to

28  the date of service of the notice of the estimated costs shall

29  be deemed not timely filed. The verified petition relating to

30  record costs shall contain a sworn statement that the

31  appellant is insolvent and a complete, detailed, and sworn


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  1  financial affidavit showing all the appellant's assets,

  2  liabilities, and income. Failure to state in the affidavit all

  3  assets and income, including marital assets and income, shall

  4  be grounds for denying the petition with prejudice. The

  5  division shall promulgate rules as may be required pursuant to

  6  this subsection, including forms for use in all petitions

  7  brought under this subsection. The appellant's attorney, or

  8  the appellant if she or he is not represented by an attorney,

  9  shall include as a part of the verified petition relating to

10  record costs an affidavit or affirmation that, in her or his

11  opinion, the notice of appeal was filed in good faith and that

12  there is a probable basis for the District Court of Appeal,

13  First District, to find reversible error, and shall state with

14  particularity the specific legal and factual grounds for the

15  opinion. Failure to so affirm shall be grounds for denying the

16  petition. A copy of the verified petition relating to record

17  costs shall be served upon all interested parties, including

18  the division and the Office of the General Counsel, Department

19  of Insurance Labor and Employment Security, in Tallahassee.

20  The judge of compensation claims shall promptly conduct a

21  hearing on the verified petition relating to record costs,

22  giving at least 15 days' notice to the appellant, the

23  division, and all other interested parties, all of whom shall

24  be parties to the proceedings. The judge of compensation

25  claims may enter an order without such hearing if no objection

26  is filed by an interested party within 20 days from the

27  service date of the verified petition relating to record

28  costs. Such proceedings shall be conducted in accordance with

29  the provisions of this section and with the workers'

30  compensation rules of procedure, to the extent applicable. In

31  the event an insolvency petition is granted, the judge of


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  1  compensation claims shall direct the division to pay record

  2  costs and filing fees from the Workers' Compensation Trust

  3  Fund pending final disposition of the costs of appeal. The

  4  division may transcribe or arrange for the transcription of

  5  the record in any proceeding for which it is ordered to pay

  6  the cost of the record. In the event the insolvency petition

  7  is denied, the judge of compensation claims may enter an order

  8  requiring the petitioner to reimburse the division for costs

  9  incurred in opposing the petition, including investigation and

10  travel expenses.

11         Section 54.  Section 440.525, Florida Statutes, is

12  amended to read:

13         440.525  Examination of carriers.--Beginning July 1,

14  1994, The Division of Workers' Compensation of the Department

15  of Insurance Labor and Employment Security may examine each

16  carrier as often as is warranted to ensure that carriers are

17  fulfilling their obligations under the law, and shall examine

18  each carrier not less frequently than once every 3 years. The

19  examination must cover the preceding 3 fiscal years of the

20  carrier's operations and must commence within 12 months after

21  the end of the most recent fiscal year being covered by the

22  examination. The examination may cover any period of the

23  carrier's operations since the last previous examination.

24         Section 55.  Subsections (1) and (2) of section 440.59,

25  Florida Statutes, are amended to read:

26         440.59  Reporting requirements.--

27         (1)  The Department of Insurance Labor and Employment

28  Security shall annually prepare a report of the administration

29  of this chapter for the preceding calendar year, including a

30  detailed statement of the receipts of and expenditures from

31  the fund established in s. 440.50 and a statement of the


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  1  causes of the accidents leading to the injuries for which the

  2  awards were made, together with such recommendations as the

  3  department considers advisable. On or before September 15 of

  4  each year, the department shall submit a copy of the report to

  5  the Governor, the President of the Senate, the Speaker of the

  6  House of Representatives, the Democratic and Republican

  7  Leaders of the Senate and the House of Representatives, and

  8  the chairs of the legislative committees having jurisdiction

  9  over workers' compensation.

10         (2)  The Division of Workers' Compensation of the

11  Department of Insurance Labor and Employment Security shall

12  complete on a quarterly basis an analysis of the previous

13  quarter's injuries which resulted in workers' compensation

14  claims. The analysis shall be broken down by risk

15  classification, shall show for each such risk classification

16  the frequency and severity for the various types of injury,

17  and shall include an analysis of the causes of such injuries.

18  The division shall distribute to each employer and

19  self-insurer in the state covered by the Workers' Compensation

20  Law the data relevant to its workforce. The report shall also

21  be distributed to the insurers authorized to write workers'

22  compensation insurance in the state.

23         Section 56.  Effective January 1, 2001, subsections

24  (1), (4), and (5) of section 443.012, Florida Statutes, are

25  amended to read:

26         443.012  Unemployment Appeals Commission.--

27         (1)  There is created within the Department of

28  Management Services Labor and Employment Security an

29  Unemployment Appeals Commission, hereinafter referred to as

30  the "commission."  The commission shall consist of a chair and

31  two other members to be appointed by the Governor, subject to


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    CS for CS for SB 1206                          First Engrossed



  1  confirmation by the Senate.  Not more than one appointee must

  2  be a person who, on account of previous vocation, employment,

  3  or affiliation, is classified as a representative of

  4  employers; and not more than one such appointee must be a

  5  person who, on account of previous vocation, employment, or

  6  affiliation, is classified as a representative of employees.

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

  8  commission duties and shall be responsible for the

  9  administrative functions of the commission.

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

11  general counsel, a chief appeals referee, and such other

12  personnel as may be necessary to carry out the duties and

13  responsibilities of the commission.

14         (c)  The chair shall have the qualifications required

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

16  in any other business vocation or employment. Notwithstanding

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

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

19  circuit court.

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

21  $100 for each day they are engaged in the work of the

22  commission.  The chair and other members shall also be

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

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

25  member of the commission shall be paid from the Employment

26  Security Administration Trust Fund.

27         (4)  The property, personnel, and appropriations

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

29  responsibilities of the commission shall be provided to the

30  commission by the Department of Management Services Labor and

31  Employment Security.


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

  2  supervision, or direction by the Department of Management

  3  Services Labor and Employment Security in the performance of

  4  its powers and duties under this chapter.

  5         Section 57.  Effective January 1, 2001, all powers,

  6  duties, functions, rules, records, personnel, property, and

  7  unexpended balances of appropriations, allocations, and other

  8  funds of the Unemployment Appeals Commission relating to the

  9  commission's specified authority, powers, duties, and

10  responsibilities are transferred by a type two transfer, as

11  defined in section 20.06(2), Florida Statutes, to the

12  Department of Management Services.

13         Section 58.  Effective January 1, 2001, subsections

14  (12) and (15) of section 443.036, Florida Statutes, are

15  amended to read:

16         443.036  Definitions.--As used in this chapter, unless

17  the context clearly requires otherwise:

18         (12)  COMMISSION.--"Commission" means the Unemployment

19  Appeals Commission of the Department of Labor and Employment

20  Security.

21         (15)  DIVISION.--"Division" means the Division of

22  Unemployment Compensation of the Agency for Workforce

23  Innovation Department of Labor and Employment Security.

24         Section 59.  Effective January 1, 2001, paragraph (a)

25  of subsection (4) and subsection (8) of section 443.151,

26  Florida Statutes, are amended to read:

27         443.151  Procedure concerning claims.--

28         (4)  APPEALS.--

29         (a)  Appeals referees.--The commission division shall

30  appoint one or more impartial salaried appeals referees

31  selected in accordance with s. 443.171(4) to hear and decide


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    CS for CS for SB 1206                          First Engrossed



  1  appealed or disputed claims.  Such appeals referees shall have

  2  such qualifications as may be established by the Department of

  3  Management Services upon the advice and consent of the

  4  commission division. No person shall participate on behalf of

  5  the commission division as an appeals referee in any case in

  6  which she or he is an interested party. The commission

  7  division may designate alternates to serve in the absence or

  8  disqualification of any appeals referee upon a temporary basis

  9  and pro hac vice which alternate shall be possessed of the

10  same qualifications required of appeals referees. The

11  Department of Management Services division shall provide the

12  commission and the appeals referees with proper facilities and

13  assistance for the execution of their functions.

14         (8)  BILINGUAL REQUIREMENTS.--

15         (a)  Based on the estimated total number of households

16  in a county which speak the same non-English language, a

17  single-language minority, the division shall provide printed

18  bilingual instructional and educational materials in the

19  appropriate language in those counties in which 5 percent or

20  more of the households in the county are classified as a

21  single-language minority.

22         (b)  The division shall ensure that one-stop career

23  centers jobs and benefits offices and appeals bureaus in

24  counties subject to the requirements of paragraph (c)

25  prominently post notices in the appropriate languages that

26  translators are available in those offices and bureaus.

27         (c)  Single-language minority refers to households

28  which speak the same non-English language and which do not

29  contain an adult fluent in English. The division shall develop

30  estimates of the percentages of single-language minority

31


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    CS for CS for SB 1206                          First Engrossed



  1  households for each county by using data made available by the

  2  United States Bureau of the Census.

  3         Section 60.  Effective January 1, 2001, subsections

  4  (1), (5), and (7) of section 443.171, Florida Statutes, are

  5  amended to read:

  6         443.171  Division and commission; powers and duties;

  7  rules; advisory council; records and reports.--

  8         (1)  POWERS AND DUTIES OF DIVISION.--It shall be the

  9  duty of the division to administer this chapter; and it shall

10  have power and authority to employ such persons, make such

11  expenditures, require such reports, make such investigations,

12  and take such other action as it deems necessary or suitable

13  to that end.  The division shall determine its own

14  organization and methods of procedure in accordance with the

15  provisions of this chapter. Not later than March 15 of each

16  year, the division, through the Agency for Workforce

17  Innovation and in conjunction with the Unemployment Appeals

18  Commission Department of Labor and Employment Security, shall

19  submit to the Governor a report covering the administration

20  and operation of this chapter during the preceding calendar

21  year and shall make such recommendations for amendment to this

22  chapter as it deems proper.

23         (5)  UNEMPLOYMENT COMPENSATION ADVISORY COUNCIL.--There

24  is created a state Unemployment Compensation Advisory Council

25  to assist the division in reviewing the unemployment insurance

26  program and to recommend improvements for such program.

27         (a)  The council shall consist of 18 members, including

28  equal numbers of employer representatives and employee

29  representatives who may fairly be regarded as representative

30  because of their vocations, employments, or affiliations, and

31  representatives of the general public.


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    CS for CS for SB 1206                          First Engrossed



  1         (b)  The members of the council shall be appointed by

  2  the executive director secretary of the Agency for Workforce

  3  Innovation Department of Labor and Employment Security.

  4  Initially, the secretary shall appoint five members for terms

  5  of 4 years, five members for terms of 3 years, five members

  6  for terms of 2 years, and three members for terms of 1 year.

  7  Thereafter, Members shall be appointed for 4-year terms.  A

  8  vacancy shall be filled for the remainder of the unexpired

  9  term.

10         (c)  The council shall meet at the call of its chair,

11  at the request of a majority of its membership, at the request

12  of the division, or at such times as may be prescribed by its

13  rules, but not less than twice a year. The council shall make

14  a report of each meeting, which shall include a record of its

15  discussions and recommendations.  The division shall make such

16  reports available to any interested person or group.

17         (d)  Members of the council shall serve without

18  compensation but shall be entitled to receive reimbursement

19  for per diem and travel expenses as provided in s. 112.061.

20         (7)  RECORDS AND REPORTS.--Each employing unit shall

21  keep true and accurate work records, containing such

22  information as the division may prescribe. Such records shall

23  be open to inspection and be subject to being copied by the

24  division at any reasonable time and as often as may be

25  necessary. The division or an appeals referee may require from

26  any employing unit any sworn or unsworn reports, with respect

27  to persons employed by it, deemed necessary for the effective

28  administration of this chapter. However, a state or local

29  governmental agency performing intelligence or

30  counterintelligence functions need not report an employee if

31  the head of such agency has determined that reporting the


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    CS for CS for SB 1206                          First Engrossed



  1  employee could endanger the safety of the employee or

  2  compromise an ongoing investigation or intelligence mission.

  3  Information revealing the employing unit's or individual's

  4  identity thus obtained from the employing unit or from any

  5  individual pursuant to the administration of this chapter,

  6  shall, except to the extent necessary for the proper

  7  presentation of a claim or upon written authorization of the

  8  claimant who has a workers' compensation claim pending, be

  9  held confidential and exempt from the provisions of s.

10  119.07(1). Such information shall be available only to public

11  employees in the performance of their public duties, including

12  employees of the Department of Education in obtaining

13  information for the Florida Education and Training Placement

14  Information Program and the Office of Tourism, Trade, and

15  Economic Development Department of Commerce in its

16  administration of the qualified defense contractor tax refund

17  program authorized by s. 288.1045 s. 288.104, the qualified

18  target industry business tax refund program authorized by s.

19  288.106. Any claimant, or the claimant's legal representative,

20  at a hearing before an appeals referee or the commission shall

21  be supplied with information from such records to the extent

22  necessary for the proper presentation of her or his claim. Any

23  employee or member of the commission or any employee of the

24  division, or any other person receiving confidential

25  information, who violates any provision of this subsection is

26  guilty of a misdemeanor of the second degree, punishable as

27  provided in s. 775.082 or s. 775.083. However, the division

28  may furnish to any employer copies of any report previously

29  submitted by such employer, upon the request of such employer,

30  and the division is authorized to charge therefor such

31  reasonable fee as the division may by rule prescribe not to


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    CS for CS for SB 1206                          First Engrossed



  1  exceed the actual reasonable cost of the preparation of such

  2  copies. Fees received by the division for copies provided

  3  under this subsection shall be deposited to the credit of the

  4  Employment Security Administration Trust Fund.

  5         Section 61.  Effective January 1, 2001, subsections (1)

  6  and (2) of section 443.211, Florida Statutes, are amended to

  7  read:

  8         443.211  Employment Security Administration Trust Fund;

  9  appropriation; reimbursement.--

10         (1)  EMPLOYMENT SECURITY ADMINISTRATION TRUST

11  FUND.--There is created in the State Treasury a special fund

12  to be known as the "Employment Security Administration Trust

13  Fund."  All moneys that are deposited into this fund remain

14  continuously available to the division for expenditure in

15  accordance with the provisions of this chapter and do not

16  lapse at any time and may not be transferred to any other

17  fund.  All moneys in this fund which are received from the

18  Federal Government or any agency thereof or which are

19  appropriated by this state for the purposes described in ss.

20  443.171 and 443.181, except money received under s.

21  443.191(5)(c), must be expended solely for the purposes and in

22  the amounts found necessary by the authorized cooperating

23  federal agencies for the proper and efficient administration

24  of this chapter. The fund shall consist of all moneys

25  appropriated by this state; all moneys received from the

26  United States or any agency thereof; all moneys received from

27  any other source for such purpose; any moneys received from

28  any agency of the United States or any other state as

29  compensation for services or facilities supplied to such

30  agency; any amounts received pursuant to any surety bond or

31  insurance policy or from other sources for losses sustained by


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    CS for CS for SB 1206                          First Engrossed



  1  the Employment Security Administration Trust Fund or by reason

  2  of damage to equipment or supplies purchased from moneys in

  3  such fund; and any proceeds realized from the sale or

  4  disposition of any such equipment or supplies which may no

  5  longer be necessary for the proper administration of this

  6  chapter. Notwithstanding any provision of this section, all

  7  money requisitioned and deposited in this fund under s.

  8  443.191(5)(c) remains part of the Unemployment Compensation

  9  Trust Fund and must be used only in accordance with the

10  conditions specified in s. 443.191(5).  All moneys in this

11  fund must be deposited, administered, and disbursed in the

12  same manner and under the same conditions and requirements as

13  is provided by law for other special funds in the State

14  Treasury.  Such moneys must be secured by the depositary in

15  which they are held to the same extent and in the same manner

16  as required by the general depositary law of the state, and

17  collateral pledged must be maintained in a separate custody

18  account. All payments from the Employment Security

19  Administration Trust Fund must be approved by the division,

20  the commission, or by a duly authorized agent and must be made

21  by the Treasurer upon warrants issued by the Comptroller.  Any

22  balances in this fund do not lapse at any time and must remain

23  continuously available to the division for expenditure

24  consistent with this chapter.

25         (2)  SPECIAL EMPLOYMENT SECURITY ADMINISTRATION TRUST

26  FUND.--There is created in the State Treasury a special fund,

27  to be known as the "Special Employment Security Administration

28  Trust Fund," into which shall be deposited or transferred all

29  interest on contributions, penalties, and fines or fees

30  collected under this chapter.  Interest on contributions,

31  penalties, and fines or fees deposited during any calendar


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    CS for CS for SB 1206                          First Engrossed



  1  quarter in the clearing account in the Unemployment

  2  Compensation Trust Fund shall, as soon as practicable after

  3  the close of such calendar quarter and upon certification of

  4  the division, be transferred to the Special Employment

  5  Security Administration Trust Fund.  However, there shall be

  6  withheld from any such transfer the amount certified by the

  7  division to be required under this chapter to pay refunds of

  8  interest on contributions, penalties, and fines or fees

  9  collected and erroneously deposited into the clearing account

10  in the Unemployment Compensation Trust Fund.  Such amounts of

11  interest and penalties so certified for transfer shall be

12  deemed to have been erroneously deposited in the clearing

13  account, and the transfer thereof to the Special Employment

14  Security Administration Trust Fund shall be deemed to be a

15  refund of such erroneous deposits. All moneys in this fund

16  shall be deposited, administered, and disbursed in the same

17  manner and under the same conditions and requirements as are

18  provided by law for other special funds in the State Treasury.

19  These moneys shall not be expended or be available for

20  expenditure in any manner which would permit their

21  substitution for, or permit a corresponding reduction in,

22  federal funds which would, in the absence of these moneys, be

23  available to finance expenditures for the administration of

24  the Unemployment Compensation Law.  But nothing in this

25  section shall prevent these moneys from being used as a

26  revolving fund to cover expenditures, necessary and proper

27  under the law, for which federal funds have been duly

28  requested but not yet received, subject to the charging of

29  such expenditures against such funds when received.  The

30  moneys in this fund, with the approval of the Executive Office

31  of the Governor, shall be used by the Division of Unemployment


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    CS for CS for SB 1206                          First Engrossed



  1  Compensation, the Unemployment Appeals Commission, and the

  2  Agency for Workforce Innovation Division of Jobs and Benefits

  3  for the payment of costs of administration which are found not

  4  to have been properly and validly chargeable against funds

  5  obtained from federal sources. All moneys in the Special

  6  Employment Security Administration Trust Fund shall be

  7  continuously available to the division for expenditure in

  8  accordance with the provisions of this chapter and shall not

  9  lapse at any time.  All payments from the Special Employment

10  Security Administration Trust Fund shall be approved by the

11  division or by a duly authorized agent thereof and shall be

12  made by the Treasurer upon warrants issued by the Comptroller.

13  The moneys in this fund are hereby specifically made available

14  to replace, as contemplated by subsection (3), expenditures

15  from the Employment Security Administration Trust Fund,

16  established by subsection (1), which have been found by the

17  Bureau of Employment Security, or other authorized federal

18  agency or authority, because of any action or contingency, to

19  have been lost or improperly expended.  The Treasurer shall be

20  liable on her or his official bond for the faithful

21  performance of her or his duties in connection with the

22  Special Employment Security Administration Trust Fund.

23         Section 62.  Subsection (3) of section 447.02, Florida

24  Statutes, is amended to read:

25         447.02  Definitions.--The following terms, when used in

26  this chapter, shall have the meanings ascribed to them in this

27  section:

28         (3)  The term "department" "division" means the

29  Division of Jobs and Benefits of the Bureau of Workplace

30  Regulation of the Division of Workers' Compensation of the

31  Department of Insurance Labor and Employment Security.


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    CS for CS for SB 1206                          First Engrossed



  1         Section 63.  Subsections (2), (3), and (4) of section

  2  447.04, Florida Statutes, are amended to read:

  3         447.04  Business agents; licenses, permits.--

  4         (2)(a)  Every person desiring to act as a business

  5  agent in this state shall, before doing so, obtain a license

  6  or permit by filing an application under oath therefor with

  7  the Division of Jobs and Benefits of the department of Labor

  8  and Employment Security, accompanied by a fee of $25 and a

  9  full set of fingerprints of the applicant taken by a law

10  enforcement agency qualified to take fingerprints.  There

11  shall accompany the application a statement signed by the

12  president and the secretary of the labor organization for

13  which he or she proposes to act as agent, showing his or her

14  authority to do so. The department division shall hold such

15  application on file for a period of 30 days, during which time

16  any person may file objections to the issuing of such license

17  or permit.

18         (b)  The department division may also conduct an

19  independent investigation of the applicant; and, if objections

20  are filed, it may hold, or cause to be held, a hearing in

21  accordance with the requirements of chapter 120.  The

22  objectors and the applicant shall be permitted to attend such

23  hearing and present evidence.

24         (3)  After the expiration of the 30-day period,

25  regardless of whether or not any objections have been filed,

26  the department division shall review the application, together

27  with all information that it may have, including, but not

28  limited to, any objections that may have been filed to such

29  application, any information that may have been obtained

30  pursuant to an independent investigation, and the results of

31  any hearing on the application. If the department division,


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    CS for CS for SB 1206                          First Engrossed



  1  from a review of the information, finds that the applicant is

  2  qualified, pursuant to the terms of this chapter, it shall

  3  issue such license or permit; and such license or permit shall

  4  run for the calendar year for which issued, unless sooner

  5  surrendered, suspended, or revoked.

  6         (4)  Licenses and permits shall expire at midnight,

  7  December 31, but may be renewed by the department division on

  8  a form prescribed by it; however, if any such license or

  9  permit has been surrendered, suspended, or revoked during the

10  year, then such applicant must go through the same formalities

11  as a new applicant.

12         Section 64.  Section 447.041, Florida Statutes, is

13  amended to read:

14         447.041  Hearings.--

15         (1)  Any person or labor organization denied a license,

16  permit, or registration shall be afforded the opportunity for

17  a hearing by the department division in accordance with the

18  requirements of chapter 120.

19         (2)  The department division may, pursuant to the

20  requirements of chapter 120, suspend or revoke the license or

21  permit of any business agent or the registration of any labor

22  organization for the violation of any provision of this

23  chapter.

24         Section 65.  Section 447.045, Florida Statutes, is

25  amended to read:

26         447.045  Information confidential.--Neither the

27  department division nor any investigator or employee of the

28  department division shall divulge in any manner the

29  information obtained pursuant to the processing of applicant

30  fingerprint cards, and such information is confidential and

31  exempt from the provisions of s. 119.07(1).


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    CS for CS for SB 1206                          First Engrossed



  1         Section 66.  Section 447.06, Florida Statutes, is

  2  amended to read:

  3         447.06  Registration of labor organizations required.--

  4         (1)  Every labor organization operating in the state

  5  shall make a report under oath, in writing, to the Division of

  6  Jobs and Benefits of the department of Labor and Employment

  7  Security annually, on or before December 31. Such report shall

  8  be filed by the secretary or business agent of such labor

  9  organization, shall be in such form as the department

10  prescribes division may prescribe, and shall show the

11  following facts:

12         (a)  The name of the labor organization;

13         (b)  The location of its office; and

14         (c)  The name and address of the president, secretary,

15  treasurer, and business agent.

16         (2)  At the time of filing such report, it shall be the

17  duty of every such labor organization to pay the department

18  division an annual fee therefor in the sum of $1.

19         Section 67.  Section 447.12, Florida Statutes, is

20  amended to read:

21         447.12  Fees for registration.--All fees collected by

22  the Division of Jobs and Benefits of the department under this

23  part of Labor and Employment Security hereunder shall be paid

24  to the Treasurer and credited to the General Revenue Fund.

25         Section 68.  Section 447.16, Florida Statutes, is

26  amended to read:

27         447.16  Applicability of chapter when effective.--Any

28  labor business agent licensed on July 1, 1965, may renew such

29  license each year on forms provided by the Division of Jobs

30  and Benefits of the department of Labor and Employment

31  Security without submitting fingerprints so long as such


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    CS for CS for SB 1206                          First Engrossed



  1  license or permit has not expired or has not been surrendered,

  2  suspended, or revoked.  The fingerprinting requirements of

  3  this act shall become effective for a new applicant for a

  4  labor business agent license immediately upon this act

  5  becoming a law.

  6         Section 69.  Paragraph (a) of subsection (13) of

  7  section 447.203, Florida Statutes, is amended to read:

  8         447.203  Definitions.--As used in this part:

  9         (13)  "Professional employee" means:

10         (a)  Any employee engaged in work requiring advanced

11  knowledge in a field of science or learning customarily

12  acquired by a prolonged course of specialized intellectual

13  instruction and study in an institution of higher learning or

14  a hospital, as distinguished from a general academic

15  education, an apprenticeship, or training in the performance

16  of routine mental or physical processes and in any two or more

17  of the following categories:

18         1.  Work predominantly intellectual and varied in

19  character as opposed to routine mental, manual, mechanical, or

20  physical work;

21         2.  Work involving the consistent exercise of

22  discretion and judgment in its performance; and

23         3.  Work of such a character that the output produced

24  or the result accomplished cannot be standardized in relation

25  to a given period of time.; and

26         4.  Work requiring advanced knowledge in a field of

27  science or learning customarily acquired by a prolonged course

28  of specialized intellectual instruction and study in an

29  institution of higher learning or a hospital, as distinguished

30  from a general academic education, an apprenticeship, or

31


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    CS for CS for SB 1206                          First Engrossed



  1  training in the performance of routine mental or physical

  2  processes.

  3         Section 70.  Effective October 1, 2000, subsections

  4  (1), (3), and (4) of section 447.205, Florida Statutes, are

  5  amended to read:

  6         447.205  Public Employees Relations Commission.--

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

  8  Management Services Labor and Employment Security the Public

  9  Employees Relations Commission, hereinafter referred to as the

10  "commission."  The commission shall be composed of a chair and

11  two full-time members to be appointed by the Governor, subject

12  to confirmation by the Senate, from persons representative of

13  the public and known for their objective and independent

14  judgment, who shall not be employed by, or hold any commission

15  with, any governmental unit in the state or any employee

16  organization, as defined in this part, while in such office.

17  In no event shall more than one appointee be a person who, on

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

19  or has been, classified as a representative of employers; and

20  in no event shall more than one such appointee be a person

21  who, on account of previous vocation, employment, or

22  affiliation, is, or has been, classified as a representative

23  of employees or employee organizations.  The commissioners

24  shall devote full time to commission duties and shall not

25  engage in any other business, vocation, or employment while in

26  such office. Beginning January 1, 1980, the chair shall be

27  appointed for a term of 4 years, one commissioner for a term

28  of 1 year, and one commissioner for a term of 2 years.

29  Thereafter, Every term of office shall be for 4 years; and

30  each term of the office of chair shall commence on January 1

31  of the second year following each regularly scheduled general


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    CS for CS for SB 1206                          First Engrossed



  1  election at which a Governor is elected to a full term of

  2  office.  In the event of a vacancy prior to the expiration of

  3  a term of office, an appointment shall be made for the

  4  unexpired term of that office. The chair shall be responsible

  5  for the administrative functions of the commission and shall

  6  have the authority to employ such personnel as may be

  7  necessary to carry out the provisions of this part.  Once

  8  appointed to the office of chair, the chair shall serve as

  9  chair for the duration of the term of office of chair.

10  Nothing contained herein prohibits a chair or commissioner

11  from serving multiple terms.

12         (3)  The commission, in the performance of its powers

13  and duties under this part, shall not be subject to control,

14  supervision, or direction by the Department of Management

15  Services Labor and Employment Security.

16         (4)  The property, personnel, and appropriations

17  related to the commission's specified authority, powers,

18  duties, and responsibilities shall be provided to the

19  commission by the Department of Management Services Labor and

20  Employment Security.

21         Section 71.  Subsections (1) and (3) of section

22  447.208, Florida Statutes, are amended to read:

23         447.208  Procedure with respect to certain appeals

24  under s. 447.207.--

25         (1)  Any person filing an appeal, charge, or petition

26  pursuant to subsection (6), subsection (8), or subsection (9)

27  of s. 447.207 shall be entitled to a hearing pursuant to

28  subsections (4) and (5) of s. 447.503 and in accordance with

29  chapter 120; however, the hearing shall be conducted within 30

30  days of the filing of an appeal with the commission, unless an

31  extension of time is granted by the commission for good cause


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  1  or unless the basis for the appeal is an allegation of abuse

  2  or neglect under s. 415.1075, in which case the hearing by the

  3  Public Employees Relations Commission may not be held until

  4  the confirmed report of abuse or neglect has been upheld

  5  pursuant to the procedures for appeal in s. 415.1075.

  6  Discovery may be granted only upon a showing of extraordinary

  7  circumstances. A party requesting discovery shall demonstrate

  8  a substantial need for the information requested and an

  9  inability to obtain relevant information by other means.  To

10  the extent that chapter 120 is inconsistent with these

11  provisions, the procedures contained in this section shall

12  govern.

13         (3)  With respect to career service appeal hearings

14  relating to demotions, suspensions, or dismissals pursuant to

15  the provisions of this section:

16         (a)  Upon a finding that just cause existed for the

17  demotion, suspension, or dismissal, the commission shall

18  affirm the demotion, suspension, or dismissal.

19         (b)  Upon a finding that just cause did not exist for

20  the demotion, suspension, or dismissal, the commission may

21  order the reinstatement of the employee, with or without back

22  pay.

23         (c)  Upon a finding that just cause for disciplinary

24  action existed, but did not justify the severity of the action

25  taken, the commission may, in its limited discretion, reduce

26  the penalty.

27         (d)  The commission is limited in its discretionary

28  reduction of dismissals and suspensions to consider only the

29  following circumstances:

30         1.  The seriousness of the conduct as it relates to the

31  employee's duties and responsibilities.


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  1         2.  Action taken with respect to similar conduct by

  2  other employees.

  3         3.  The previous employment record and disciplinary

  4  record of the employee.

  5         4.  Extraordinary circumstances beyond the employee's

  6  control which temporarily diminished the employee's capacity

  7  to effectively perform his or her duties or which

  8  substantially contributed to the violation for which

  9  punishment is being considered.

10

11  The agency may present evidence to refute the existence of

12  these circumstances.

13         (e)  Any order of the commission issued pursuant to

14  this subsection may include back pay, if applicable, and an

15  amount, to be determined by the commission and paid by the

16  agency, for reasonable attorney's fees, witness fees, and

17  other out-of-pocket expenses incurred during the prosecution

18  of an appeal against an agency in which the commission

19  sustains the employee. In determining the amount of an

20  attorney's fee, the commission shall consider only the number

21  of hours reasonably spent on the appeal, comparing the number

22  of hours spent on similar Career Service System appeals and

23  the reasonable hourly rate charged in the geographic area for

24  similar appeals, but not including litigation over the amount

25  of the attorney's fee. This paragraph applies to future and

26  pending cases.

27         Section 72.  Subsection (4) of section 447.305, Florida

28  Statutes, is amended to read:

29         447.305  Registration of employee organization.--

30         (4)  Notification of registrations and renewals of

31  registration shall be furnished at regular intervals by the


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  1  commission to the Bureau of Workplace Regulation of the

  2  Division of Workers' Compensation Division of Jobs and

  3  Benefits of the Department of Insurance Labor and Employment

  4  Security.

  5         Section 73.  Paragraph (b) of subsection (3) of section

  6  447.307, Florida Statutes, is amended to read:

  7         447.307  Certification of employee organization.--

  8         (3)

  9         (b)  When an employee organization is selected by a

10  majority of the employees voting in an election, the

11  commission shall certify the employee organization as the

12  exclusive collective bargaining representative of all

13  employees in the unit. Certification is effective upon the

14  issuance of the final order by the commission or, if the final

15  order is appealed, at the time the appeal is exhausted or any

16  stay is vacated by the commission or the court. A party may

17  petition the commission, pursuant to its established

18  procedures, to modify an existing certification due to changed

19  circumstances, an inadvertent mistake by the commission in the

20  original bargaining unit description, or newly created or

21  deleted jobs, or to recognize a name change of the employee

22  organization.

23         Section 74.  Paragraph (a) of subsection (5) of section

24  447.503, Florida Statutes, is amended to read:

25         447.503  Charges of unfair labor practices.--It is the

26  intent of the Legislature that the commission act as

27  expeditiously as possible to settle disputes regarding alleged

28  unfair labor practices.  To this end, violations of the

29  provisions of s. 447.501 shall be remedied by the commission

30  in accordance with the following procedures and in accordance

31  with chapter 120; however, to the extent that chapter 120 is


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  1  inconsistent with the provisions of this section, the

  2  procedures contained in this section shall govern:

  3         (5)  Whenever the proceeding involves a disputed issue

  4  of material fact and an evidentiary hearing is to be

  5  conducted:

  6         (a)  The commission shall issue and serve upon all

  7  parties a notice of hearing before an assigned hearing officer

  8  at a time and place specified therein.  Such notice shall be

  9  issued at least 14 days prior to the scheduled hearing. If a

10  party fails to appear for the hearing, the hearing officer

11  shall, after waiting a reasonable time, open the record, note

12  the nonappearance, and close the hearing. Thereafter, the

13  hearing may be reconvened only if the party establishes that

14  the failure to appear was due to circumstances beyond his or

15  her control.

16         Section 75.  Subsection (4) of section 447.504, Florida

17  Statutes, is amended to read:

18         447.504  Judicial review.--

19         (4)  The commencement of proceedings under this section

20  shall not, unless specifically ordered by the district court

21  of appeal, operate as a stay of the commission's order.

22  However, the commission may stay determination of the amount

23  of back pay, benefits, or attorney's fees until the court

24  decides the appeal.

25         Section 76.  Effective October 1, 2000, all powers,

26  duties, functions, rules, records, personnel, property, and

27  unexpended balances of appropriations, allocations, and other

28  funds of the Public Employees Relations Commission relating to

29  the commission's specified authority, powers, duties, and

30  responsibilities are transferred by a type two transfer, as

31


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

  2  of Management Services.

  3         Section 77.  Subsection (4) of section 450.012, Florida

  4  Statutes, is amended to read:

  5         450.012  Definitions.--For the purpose of this chapter,

  6  the word, phrase, or term:

  7         (4)  "Department" "Division" means the Bureau of

  8  Workplace Regulation of the Division of Workers' Compensation

  9  Division of Jobs and Benefits of the Department of Insurance

10  Labor and Employment Security.

11         Section 78.  Subsection (3) of section 450.061, Florida

12  Statutes, is amended to read:

13         450.061  Hazardous occupations prohibited;

14  exemptions.--

15         (3)  No minor under 18 years of age, whether such

16  person's disabilities of nonage have been removed by marriage

17  or otherwise, shall be employed or permitted or suffered to

18  work in any place of employment or at any occupation hazardous

19  or injurious to the life, health, safety, or welfare of such

20  minor, as such places of employment or occupations may be

21  determined and declared by the Division of Jobs and Benefits

22  of the department of Labor and Employment Security to be

23  hazardous and injurious to the life, health, safety, or

24  welfare of such minor.

25         Section 79.  Paragraph (c) of subsection (5) of section

26  450.081, Florida Statutes, is amended to read:

27         450.081  Hours of work in certain occupations.--

28         (5)  The provisions of subsections (1) through (4)

29  shall not apply to:

30         (c)  Minors enrolled in a public educational

31  institution who qualify on a hardship basis such as economic


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  1  necessity or family emergency.  Such determination shall be

  2  made by the school superintendent or his or her designee, and

  3  a waiver of hours shall be issued to the minor and the

  4  employer. The form and contents thereof shall be prescribed by

  5  the department division.

  6         Section 80.  Section 450.095, Florida Statutes, is

  7  amended to read:

  8         450.095  Waivers.--In extenuating circumstances when it

  9  clearly appears to be in the best interest of the child, the

10  department division may grant a waiver of the restrictions

11  imposed by the Child Labor Law on the employment of a child.

12  Such waivers shall be granted upon a case-by-case basis and

13  shall be based upon such factors as the department division,

14  by rule, establishes as determinative of whether such waiver

15  is in the best interest of a child.

16         Section 81.  Subsections (1), (2), and (5) of section

17  450.121, Florida Statutes, are amended to read:

18         450.121  Enforcement of Child Labor Law.--

19         (1)  The department Division of Jobs and Benefits shall

20  administer this chapter.  It shall employ such help as is

21  necessary to effectuate the purposes of this chapter. Other

22  agencies of the state may cooperate with the department

23  division in the administration and enforcement of this part.

24  To accomplish this joint, cooperative effort, the department

25  division may enter into intergovernmental agreements with

26  other agencies of the state whereby the other agencies may

27  assist the department division in the administration and

28  enforcement of this part.  Any action taken by an agency

29  pursuant to an intergovernmental agreement entered into

30  pursuant to this section shall be considered to have been

31  taken by the department division.


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  1         (2)  It is the duty of the department division and its

  2  agents and all sheriffs or other law enforcement officers of

  3  the state or of any municipality of the state to enforce the

  4  provisions of this law, to make complaints against persons

  5  violating its provisions, and to prosecute violations of the

  6  same. The department division and its agents have authority to

  7  enter and inspect at any time any place or establishment

  8  covered by this law and to have access to age certificates

  9  kept on file by the employer and such other records as may aid

10  in the enforcement of this law. A designated school

11  representative acting in accordance with s. 232.17 shall

12  report to the department division all violations of the Child

13  Labor Law that may come to his or her knowledge.

14         (5)  The department division may adopt rules:

15         (a)  Defining words, phrases, or terms used in the

16  child labor rule or in this part, as long as the word, phrase,

17  or term is not a word, phrase, or term defined in s. 450.012.

18         (b)  Prescribing additional documents that may be used

19  to prove the age of a minor and the procedure to be followed

20  before a person who claims his or her disability of nonage has

21  been removed by a court of competent jurisdiction may be

22  employed.

23         (c)  Requiring certain safety equipment and a safe

24  workplace environment for employees who are minors.

25         (d)  Prescribing the deadlines applicable to a response

26  to a request for records under subsection (2).

27         (e)  Providing an official address from which child

28  labor forms, rules, laws, and posters may be requested and

29  prescribing the forms to be used in connection with this part.

30         Section 82.  Subsections (1), (2), (3), (4), and (5) of

31  section 450.132, Florida Statutes, are amended to read:


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  1         450.132  Employment of children by the entertainment

  2  industry; rules; procedures.--

  3         (1)  Children within the protection of our child labor

  4  statutes may, notwithstanding such statutes, be employed by

  5  the entertainment industry in the production of motion

  6  pictures, legitimate plays, television shows, still

  7  photography, recording, publicity, musical and live

  8  performances, circuses, and rodeos, in any work not determined

  9  by the department Division of Jobs and Benefits to be

10  hazardous, or detrimental to their health, morals, education,

11  or welfare.

12         (2)  The department Division of Jobs and Benefits

13  shall, as soon as convenient, and after such investigation as

14  to the department division may seem necessary or advisable,

15  determine what work in connection with the entertainment

16  industry is not hazardous or detrimental to the health,

17  morals, education, or welfare of minors within the purview and

18  protection of our child labor laws. When so adopted, such

19  rules shall have the force and effect of law in this state.

20         (3)  Entertainment industry employers or agents wishing

21  to qualify for the employment of minors in work not hazardous

22  or detrimental to their health, morals, or education shall

23  make application to the department division for a permit

24  qualifying them to employ minors in the entertainment

25  industry. The form and contents thereof shall be prescribed by

26  the department division.

27         (4)  Any duly qualified entertainment industry employer

28  may employ any minor.  However, if any entertainment industry

29  employer employing a minor causes, permits, or suffers such

30  minor to be placed under conditions which are dangerous to the

31  life or limb or injurious or detrimental to the health or


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  1  morals or education of the minor, the right of that

  2  entertainment industry employer and its representatives and

  3  agents to employ minors as provided herein shall stand

  4  revoked, unless otherwise ordered by the department division,

  5  and the person responsible for such unlawful employment is

  6  guilty of a misdemeanor of the second degree, punishable as

  7  provided in s. 775.082 or s. 775.083.

  8         (5)  Any entertainment industry employer and its agents

  9  employing minors hereunder are required to notify the

10  department division, showing the date of the commencement of

11  work, the number of days worked, the location of the work, and

12  the date of termination.

13         Section 83.  Subsections (2) and (3) of section

14  450.141, Florida Statutes, are amended to read:

15         450.141  Employing minor children in violation of law;

16  penalties.--

17         (2)  Any person, firm, corporation, or governmental

18  agency, or agent thereof, that has employed minors in

19  violation of this part, or any rule adopted pursuant thereto,

20  may be subject by the department division to fines not to

21  exceed $2,500 per offense.  The department division shall

22  adopt, by rule, disciplinary guidelines specifying a

23  meaningful range of designated penalties based upon the

24  severity and repetition of the offenses, and which distinguish

25  minor violations from those which endanger a minor's health

26  and safety.

27         (3)  If the department division has reasonable grounds

28  for believing there has been a violation of this part or any

29  rule adopted pursuant thereto, it shall give written notice to

30  the person alleged to be in violation.  Such notice shall

31  include the provision or rule alleged to be violated, the


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  1  facts alleged to constitute such violation, and requirements

  2  for remedial action within a time specified in the notice.  No

  3  fine may be levied unless the person alleged to be in

  4  violation fails to take remedial action within the time

  5  specified in the notice.

  6         Section 84.  Paragraph (j) of subsection (1) of section

  7  450.191, Florida Statutes, is amended to read:

  8         450.191  Executive Office of the Governor; powers and

  9  duties.--

10         (1)  The Executive Office of the Governor is authorized

11  and directed to:

12         (j)  Cooperate with the regional workforce boards and

13  one-stop career centers farm labor office of the Florida State

14  Employment Service in the recruitment and referral of migrant

15  laborers and other persons for the planting, cultivation, and

16  harvesting of agricultural crops in Florida.

17         Section 85.  Subsection (2) of section 450.28, Florida

18  Statutes, is amended to read:

19         450.28  Definitions.--

20         (2)  "Department" "Division" means the Bureau of

21  Workplace Regulation of the Division of Workers' Compensation

22  Jobs and Benefits of the Department of Insurance Labor and

23  Employment Security.

24         Section 86.  Section 450.30, Florida Statutes, is

25  amended to read:

26         450.30  Requirement of certificate of registration;

27  education and examination program.--

28         (1)  No person may act as a farm labor contractor until

29  a certificate of registration has been issued to him or her by

30  the department division and unless such certificate is in full

31  force and effect and is in his or her possession.


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  1         (2)  No certificate of registration may be transferred

  2  or assigned.

  3         (3)  Unless sooner revoked, each certificate of

  4  registration, regardless of the date of issuance, shall be

  5  renewed on the last day of the birth month following the date

  6  of issuance and, thereafter, each year on the last day of the

  7  birth month of the registrant. The date of incorporation shall

  8  be used in lieu of birthdate for registrants that are

  9  corporations. Applications for certificates of registration

10  and renewal thereof shall be on a form prescribed by the

11  department division.

12         (4)  The department division shall provide a program of

13  education and examination for applicants under this part.  The

14  program may be provided by the department division or through

15  a contracted agent.  The program shall be designed to ensure

16  the competency of those persons to whom the department

17  division issues certificates of registration.

18         (5)  The department division shall require each

19  applicant to demonstrate competence by a written or oral

20  examination in the language of the applicant, evidencing that

21  he or she is knowledgeable concerning the duties and

22  responsibilities of a farm labor contractor.  The examination

23  shall be prepared, administered, and evaluated by the

24  department division or through a contracted agent.

25         (6)  The department division shall require an applicant

26  for renewal of a certificate of registration to retake the

27  examination only if:

28         (a)  During the prior certification period, the

29  division issued a final order assessing a civil monetary

30  penalty or revoked or refused to renew or issue a certificate

31  of registration; or


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  1         (b)  The department division determines that new

  2  requirements related to the duties and responsibilities of a

  3  farm labor contractor necessitate a new examination.

  4         (7)  The department division shall charge each

  5  applicant a $35 fee for the education and examination program.

  6  Such fees shall be deposited in the Crew Chief Registration

  7  Trust Fund.

  8         (8)  The department division may adopt rules

  9  prescribing the procedures to be followed to register as a

10  farm labor contractor.

11         Section 87.  Subsections (1), (2), and (4) of section

12  450.31, Florida Statutes, are amended to read:

13         450.31  Issuance, revocation, and suspension of, and

14  refusal to issue or renew, certificate of registration.--

15         (1)  The department division shall not issue to any

16  person a certificate of registration as a farm labor

17  contractor, nor shall it renew such certificate, until:

18         (a)  Such person has executed a written application

19  therefor in a form and pursuant to regulations prescribed by

20  the department division and has submitted such information as

21  the department division may prescribe.

22         (b)  Such person has obtained and holds a valid federal

23  certificate of registration as a farm labor contractor, or a

24  farm labor contractor employee, unless exempt by federal law.

25         (c)  Such person pays to the department division, in

26  cash, certified check, or money order, a nonrefundable

27  application fee of $75. Fees collected by the department

28  division under this subsection shall be deposited in the State

29  Treasury into the Crew Chief Registration Trust Fund, which is

30  hereby created, and shall be utilized for administration of

31  this part.


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  1         (d)  Such person has successfully taken and passed the

  2  farm labor contractor examination.

  3         (2)  The department division may revoke, suspend, or

  4  refuse to renew any certificate of registration when it is

  5  shown that the farm labor contractor has:

  6         (a)  Violated or failed to comply with any provision of

  7  this part or the rules adopted pursuant to s. 450.36.

  8         (b)  Made any misrepresentation or false statement in

  9  his or her application for a certificate of registration.

10         (c)  Given false or misleading information concerning

11  terms, conditions, or existence of employment to persons who

12  are recruited or hired to work on a farm.

13         (4)  The department division may refuse to issue or

14  renew, or may suspend or revoke, a certificate of registration

15  if the applicant or holder is not the real party in interest

16  in the application or certificate of registration and the real

17  party in interest is a person who has been refused issuance or

18  renewal of a certificate, has had a certificate suspended or

19  revoked, or does not qualify under this section for a

20  certificate.

21         Section 88.  Subsections (1), (4), (5), (6), (8), (9),

22  and (10) of section 450.33, Florida Statutes, are amended to

23  read:

24         450.33  Duties of farm labor contractor.--Every farm

25  labor contractor must:

26         (1)  Carry his or her certificate of registration with

27  him or her at all times and exhibit it to all persons with

28  whom the farm labor contractor intends to deal in his or her

29  capacity as a farm labor contractor prior to so dealing and,

30  upon request, to persons designated by the department

31  division.


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  1         (4)  Display prominently, at the site where the work is

  2  to be performed and on all vehicles used by the registrant for

  3  the transportation of employees, a single posting containing a

  4  written statement in English and in the language of the

  5  majority of the non-English-speaking employees disclosing the

  6  terms and conditions of employment in a form prescribed by the

  7  department division or by the United States Department of

  8  Labor for this purpose.

  9         (5)  Take out a policy of insurance with any insurance

10  carrier which policy insures such registrant against liability

11  for damage to persons or property arising out of the operation

12  or ownership of any vehicle or vehicles for the transportation

13  of individuals in connection with his or her business,

14  activities, or operations as a farm labor contractor.  In no

15  event may the amount of such liability insurance be less than

16  that required by the provisions of the financial

17  responsibility law of this state. Any insurance carrier that

18  is licensed to operate in this state and that has issued a

19  policy of liability insurance to operate a vehicle used to

20  transport farm workers shall notify the department division

21  when it intends to cancel such policy.

22         (6)  Maintain such records as may be designated by the

23  department division.

24         (8)  File, within such time as the department division

25  may prescribe, a set of his or her fingerprints.

26         (9)  Produce evidence to the department division that

27  each vehicle he or she uses for the transportation of

28  employees complies with the requirements and specifications

29  established in chapter 316, s. 316.620, or Pub. L. No. 93-518

30  as amended by Pub. L. No. 97-470 meeting Department of

31  Transportation requirements or, in lieu thereof, bears a valid


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  1  inspection sticker showing that the vehicle has passed the

  2  inspection in the state in which the vehicle is registered.

  3         (10)  Comply with all applicable statutes, rules, and

  4  regulations of the United States and of the State of Florida

  5  for the protection or benefit of labor, including, but not

  6  limited to, those providing for wages, hours, fair labor

  7  standards, social security, workers' compensation,

  8  unemployment compensation, child labor, and transportation.

  9  The department division shall not suspend or revoke a

10  certificate of registration pursuant to this subsection

11  unless:

12         (a)  A court or agency of competent jurisdiction

13  renders a judgment or other final decision that a violation of

14  one of the laws, rules, or regulations has occurred and, if

15  invoked, the appellate process is exhausted;

16         (b)  An administrative hearing pursuant to ss. 120.569

17  and 120.57 is held on the suspension or revocation and the

18  administrative law judge finds that a violation of one of the

19  laws, rules, or regulations has occurred and, if invoked, the

20  appellate process is exhausted; or

21         (c)  The holder of a certificate of registration

22  stipulates that a violation has occurred or defaults in the

23  administrative proceedings brought to suspend or revoke his or

24  her registration.

25         Section 89.  Section 450.35, Florida Statutes, is

26  amended to read:

27         450.35  Certain contracts prohibited.--It is unlawful

28  for any person to contract for the employment of farm workers

29  with any farm labor contractor as defined in this act until

30  the labor contractor displays to him or her a current

31


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  1  certificate of registration issued by the department division

  2  pursuant to the requirements of this part.

  3         Section 90.  Section 450.36, Florida Statutes, is

  4  amended to read:

  5         450.36  Rules and regulations.--The department division

  6  may adopt rules necessary to enforce and administer this part.

  7         Section 91.  Section 450.37, Florida Statutes, is

  8  amended to read:

  9         450.37  Cooperation with federal agencies.--The

10  department division shall, whenever appropriate, cooperate

11  with any federal agency.

12         Section 92.  Subsections (2), (3), and (4) of section

13  450.38, Florida Statutes, are amended to read:

14         450.38  Enforcement of farm labor contractor laws.--

15         (2)  Any person who, on or after June 19, 1985, commits

16  a violation of this part or of any rule adopted thereunder may

17  be assessed a civil penalty of not more than $1,000 for each

18  such violation. Such assessed penalties shall be paid in cash,

19  certified check, or money order and shall be deposited into

20  the General Revenue Fund. The department division shall not

21  institute or maintain any administrative proceeding to assess

22  a civil penalty under this subsection when the violation is

23  the subject of a criminal indictment or information under this

24  section which results in a criminal penalty being imposed, or

25  of a criminal, civil, or administrative proceeding by the

26  United States government or an agency thereof which results in

27  a criminal or civil penalty being imposed. The department

28  division may adopt rules prescribing the criteria to be used

29  to determine the amount of the civil penalty and to provide

30  notification to persons assessed a civil penalty under this

31  section.


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  1         (3)  Upon a complaint of the department division being

  2  filed in the circuit court of the county in which the farm

  3  labor contractor may be doing business, any farm labor

  4  contractor who fails to obtain a certificate of registration

  5  as required by this part may, in addition to such penalties,

  6  be enjoined from engaging in any activity which requires the

  7  farm labor contractor to possess a certificate of

  8  registration.

  9         (4)  For the purpose of any investigation or proceeding

10  conducted by the department division, the secretary of the

11  department or the secretary's designee shall have the power to

12  administer oaths, take depositions, make inspections when

13  authorized by statute, issue subpoenas which shall be

14  supported by affidavit, serve subpoenas and other process, and

15  compel the attendance of witnesses and the production of

16  books, papers, documents, and other evidence. The secretary of

17  the department or the secretary's designee shall exercise this

18  power on the secretary's own initiative.

19         Section 93.  (1)  In anticipation of its assumption of

20  responsibilities from the Department of Labor and Employment

21  Security relating to unemployment compensation, as provided in

22  this act, the Department of Revenue shall prepare a report

23  with recommendations on the fiscal management of funds under

24  the Unemployment Compensation Trust Fund and any other funds

25  related to unemployment compensation activities conducted

26  under state or federal law. The report shall include, but is

27  not limited to, an analysis of options and recommendations for

28  distributing unemployment compensation funds to units of state

29  government with responsibilities under the unemployment

30  compensation program and for allocating costs associated with

31  such program and funds. The report and recommendations shall


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    CS for CS for SB 1206                          First Engrossed



  1  be submitted to the Governor, the President of the Senate, the

  2  Speaker of the House of Representatives, and members of the

  3  Labor and Employment Security Transition Team by September 1,

  4  2000.

  5         (2)  The Department of Revenue shall conduct a

  6  feasibility study regarding the privatization of unemployment

  7  tax collection services or other functions of the state

  8  related to unemployment compensation activities conducted

  9  under state or federal law. The study findings and

10  recommendations shall be submitted in a report to the

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

12  House of Representatives by March 1, 2001.

13         (3)  This section shall take effect upon this act

14  becoming a law.

15         Section 94.  (1)  The Department of Labor and

16  Employment Security, in conjunction with the Department of

17  Management Services, may offer, subject to the provisions of

18  this section, active employees of the Department of Labor and

19  Employment Security who have 27 or more years of creditable

20  service in a state-administered retirement system, a one-time

21  voluntary reduction-in-force payment. Such payment shall

22  represent a payment of insurance costs and shall be paid as an

23  annuity to be purchased by the Department of Labor and

24  Employment Security within the amounts appropriated for salary

25  and benefits in the General Appropriations Act for fiscal year

26  2000-2001, which shall include funds derived from eliminating

27  vacated positions. There shall be no annualization costs

28  associated with this plan. The Secretary of Labor and

29  Employment Security shall be deemed to be the public employer

30  for purposes of negotiating the terms and conditions related

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


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    CS for CS for SB 1206                          First Engrossed



  1  All persons retiring under this program must do so by

  2  September 30, 2000.

  3         (2)  The department, in consultation with the

  4  Department of Management Services, shall prepare a plan to

  5  implement the reduction-in-force payment authority for

  6  approval by the Office of Policy and Budget. The plan must

  7  meet all applicable federal requirements regarding the

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

  9  and all other federal and state laws regarding special

10  compensation to employees, including the Age Discrimination in

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

12  The plan must specify the savings created through the payment

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

14  funding of the payments, and delineate a timetable for

15  implementation.

16         (3)  If approved by the Office of Policy and Budget,

17  the plan shall be submitted to the Legislature subject to the

18  notice, review, and objection process authorized in section

19  216.177, Florida Statutes.

20         (4)  This section shall take effect upon becoming a

21  law.

22         Section 95.  Notwithstanding any other provision of

23  law, any binding contract or interagency agreement existing on

24  or before January 1, 2001, between the Department of Labor and

25  Employment Security, or an entity or agent of the department,

26  and any other agency, entity, or person shall continue as a

27  binding contract or agreement for the remainder of the term of

28  such contract or agreement with the successor department,

29  agency, or entity responsible for the program, activity, or

30  functions relative to the contract or agreement.

31


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    CS for CS for SB 1206                          First Engrossed



  1         Section 96.  This act does not affect the validity of

  2  any judicial or administrative proceeding involving the

  3  Department of Labor and Employment Security which is pending

  4  as of the effective date of any transfer under this act. The

  5  successor department, agency, or entity responsible for the

  6  program, activity, or function relative to the proceeding

  7  shall be substituted, as of the effective date of the

  8  applicable transfer under this act, for the Department of

  9  Labor and Employment Security as a party in interest in any

10  such proceedings.

11         Section 97.  If any provision of this act or its

12  application to any person or circumstance is held invalid, the

13  invalidity does not affect other provisions or applications of

14  the act which can be given effect without the invalid

15  provision or application, and to this end the provisions of

16  this act are severable.

17         Section 98.  Except as otherwise expressly provided in

18  this act, this act shall take effect July 1, 2000, except that

19  this act shall not take effect unless Committee Substitute for

20  Senate Bill 2050, or similar legislation reassigning

21  responsibilities of the Division of Workforce and Employment

22  Opportunities of the Department of Labor and Employment

23  Security to another agency or entity, becomes a law.

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25

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27

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