Senate Bill 1206e1
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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
1
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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
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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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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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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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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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