House Bill 2357c1

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000             CS/HB 2357

        By the Committee on Transportation & Economic Development
    Appropriations and Representative Gay





  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 a

10         limitation on administrative support positions;

11         providing for a type two transfer of certain

12         functions of the Division of Workforce and

13         Employment Opportunities relating to labor

14         organizations and child labor to the Department

15         of Insurance; providing for a type two transfer

16         of certain functions of the Division of

17         Workforce and Employment Opportunities relating

18         to migrant and farm labor registration to the

19         Department of Insurance; providing for a type

20         two transfer of other workplace regulation

21         functions to the Department of Insurance;

22         providing for a transfer of certain

23         administrative resources of the Department of

24         Labor and Employment Security to the Department

25         of Insurance; amending s. 20.13, F.S.; creating

26         a Division of Workers' Compensation within the

27         Department of Insurance; creating a Bureau of

28         Workplace Regulation and a Bureau of Workplace

29         Safety within the Division of Workers'

30         Compensation of the Department of Insurance;

31         providing for a type two transfer of the

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         Division of Unemployment Compensation to the

  2         Agency for Workforce Innovation; requiring a

  3         contract between the Agency for Workforce

  4         Innovation and the Department of Revenue for

  5         unemployment tax collection services by the

  6         Department of Revenue; providing a limitation

  7         on certain administrative support services

  8         positions; requiring the Office of Program

  9         Policy Analysis and Government Accountability

10         to conduct a study regarding the feasibility of

11         privatizing unemployment tax collection

12         services; requiring the Division of Statutory

13         Revision to prepare a reviser's bill; providing

14         for a type two transfer of the Office of

15         Information Systems from the Department of

16         Labor and Employment Security to the State

17         Technology Office; providing an exception for

18         certain portions of the office to be

19         transferred to the Agency for Workforce

20         Innovation; providing for a type two transfer

21         of the Minority Business Advocacy and

22         Assistance Office from the Department of Labor

23         and Employment Security to the Department of

24         Management Services; creating the Florida Task

25         Force on Workplace Safety; prescribing

26         membership of the task force; providing the

27         purpose of the task force; providing for

28         staffing and administration of the task force;

29         providing for the sharing of information;

30         requiring a report; authorizing the Division of

31         Workers' Compensation to establish time-limited

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         positions related to workplace safety;

  2         authorizing the division to establish permanent

  3         positions upon completion of the task force

  4         report; providing for transfer of certain

  5         records and property; providing for termination

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

  7         99-240, Laws of Florida; providing for the

  8         transfer of the Division of Blind Services to

  9         the Department of Education on October 1, 2000,

10         rather than January 1, 2001; correcting a cross

11         reference; providing a limitation of

12         administrative support services; providing

13         legislative intent regarding the transfer of

14         functions of the Department of Labor and

15         Employment Security; providing for reemployment

16         assistance for dislocated department employees;

17         providing hiring preference for such employees;

18         providing for the transfer of certain records

19         and funds; creating the Labor and Employment

20         Security Transition Team; prescribing

21         membership of the transition team; providing

22         for staffing; requiring reports; providing for

23         the termination of the transition team;

24         authorizing the transition team to use

25         unexpended funds to settle certain claims;

26         requiring the transition team to monitor and

27         approve certain personnel hirings and

28         transfers; requiring the submission of a budget

29         amendment to allocate resources of the

30         Department of Labor and Employment Security;

31         exempting specified state agencies, on a

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         temporary basis, from provisions relating to

  2         procurement of property and services and

  3         leasing of space; authorizing specified state

  4         agencies to develop temporary emergency rules

  5         relating to the implementation of this act;

  6         requiring the Department of Revenue to notify

  7         businesses relating to the transfer of

  8         unemployment compensation tax responsibilities;

  9         authorizing the Department of Revenue to

10         perform certain duties relating to unemployment

11         compensation tax previously assigned to the

12         Department of Labor and Employment Security;

13         authorizing the Department of Revenue to

14         determine the most efficient and effective

15         method for administering, collecting,

16         enforcing, and auditing the unemployment

17         compensation tax; amending s. 287.012, F.S.;

18         revising a definition to conform to the

19         transfer of the Minority Business Advocacy and

20         Assistance Office to the Department of

21         Management Services; amending s. 287.0947,

22         F.S.; revising a reference to the Florida

23         Advisory Council on Small and Minority Business

24         Development to conform to changes made by the

25         act; amending s. 287.09451, F.S.; revising

26         provisions relating to the powers, duties, and

27         functions of the Minority Business Advocacy and

28         Assistance Office to conform to changes made by

29         the act; amending s. 20.15, F.S.; establishing

30         the Division of Occupational Access and

31         Opportunity within the Department of Education;

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         providing that the Occupational Access and

  2         Opportunity Commission is the director of the

  3         division; requiring the department to assign

  4         certain powers, duties, responsibilities, and

  5         functions to the division; excepting from

  6         appointment by the Commissioner of Education

  7         members of the commission, the Florida

  8         Rehabilitation Council, and the Florida

  9         Independent Living Council; amending s. 120.80,

10         F.S.; providing that hearings on certain

11         vocational rehabilitation determinations by the

12         Occupational Access and Opportunity Commission

13         need not be conducted by an administrative law

14         judge; amending ss. 413.034, 413.051, 413.064,

15         413.066, 413.067, 413.395, F.S.; conforming

16         departmental references to reflect the transfer

17         of the Division of Blind Services to the

18         Department of Education; expressing the intent

19         of the Legislature that the provisions of this

20         act relating to blind services not conflict

21         with federal law; providing procedures in the

22         event such conflict is asserted; amending s.

23         413.83, F.S.; specifying that appointment of

24         members to the commission is subject to Senate

25         confirmation; revising composition of and

26         appointments to the commission; eliminating a

27         requirement that the Rehabilitation Council

28         serve the commission; authorizing the

29         commission to establish an advisory council

30         composed of representatives from not-for-profit

31         organizations under certain conditions;

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         clarifying the entitlement of commission

  2         members to reimbursement for certain expenses;

  3         amending s. 413.84, F.S.; designating the

  4         commission as the director of the Division of

  5         Occupational Access and Opportunity; specifying

  6         responsibilities of the commission; authorizing

  7         the commission to adopt administrative rules;

  8         authorizing the commission to hire a division

  9         director; revising the timeframe for

10         implementation of the 5-year plan prepared by

11         the commission; expanding the authority of the

12         commission to contract with the corporation;

13         removing a requirement for federal approval to

14         contract with a direct-support organization;

15         authorizing the commission to appear on its own

16         behalf before the Legislature; amending s.

17         413.85, F.S.; eliminating limitations on the

18         tax status of the Occupational Access and

19         Opportunity Corporation; specifying that the

20         corporation is not an agency for purposes of

21         certain government procurement laws; applying

22         provisions relating to waiver of sovereign

23         immunity to the corporation; providing that the

24         board of directors of the corporation be

25         composed of no fewer than seven and no more

26         than 15 members and that a majority of its

27         members be members of the commission;

28         authorizing the corporation to hire certain

29         individuals employed by the Division of

30         Vocational Rehabilitation; providing for a

31         lease agreement governing such employees;

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         prescribing terms of such lease agreement;

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

  3         organizational reference; amending s. 413.87,

  4         F.S.; conforming provisions relating to an

  5         annual audit to changes made in the act;

  6         amending s. 413.88, F.S.; conforming provisions

  7         relating to an annual report to changes made in

  8         the act; amending s. 413.89, F.S.; designating

  9         the department the state agency effective July

10         1, 2000, and the commission the state agency

11         effective October 1, 2000, for purposes of

12         compliance with federal law; deleting an

13         obsolete reference; authorizing the department

14         and the commission to provide for continued

15         administration during the time between July 1,

16         2000, and October 1, 2000; amending s. 413.90,

17         F.S.; deleting a provision relating to

18         designation of an administrative entity;

19         designating a state agency and state unit for

20         specified purposes; transferring certain

21         components of the Division of Vocational

22         Rehabilitation to the Department of Education;

23         requiring a reduction in positions; providing

24         for a budget amendment; providing for a

25         transfer of certain administrative resources of

26         the Department of Labor and Employment Security

27         to the Department of Education; amending s.

28         413.91, F.S.; deleting reference to designated

29         administrative entity; requiring the commission

30         to assure that all contractors maintain quality

31         control and are fit to undertake

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         responsibilities; amending s. 413.92, F.S.;

  2         specifying entities answerable to the Federal

  3         Government in the event of a conflict with

  4         federal law; repealing s. 413.93, F.S.,

  5         relating to the designated state agency under

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

  7         conforming the definitions of "department" and

  8         "division" to the transfer of the Division of

  9         Workers' Compensation to the Department of

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

11         conforming a departmental reference; amending

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

13         conforming departmental references relating to

14         the Florida Self-Insurance Guaranty

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

16         conforming provisions; amending s. 440.4416,

17         F.S.; reassigning the Workers' Compensation

18         Oversight Board to the Department of Insurance;

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

20         Office of the Judges of Compensation Claims to

21         the Department of Insurance; amending s.

22         440.49, F.S.; reassigning responsibility for a

23         report on the Special Disability Trust Fund to

24         the Department of Insurance; amending s.

25         443.012, F.S.; providing for the Unemployment

26         Appeals Commission to be created within the

27         Department of Management Services rather than

28         the Department of Labor and Employment

29         Security; conforming provisions; providing for

30         the transfer of the Unemployment Appeals

31         Commission to the Department of Management

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         Services by a type two transfer; amending s.

  2         443.036, F.S.; conforming the definition of

  3         "commission" to the transfer of the

  4         Unemployment Appeals Commission to the

  5         Department of Management Services; conforming

  6         the definition of "division" to the transfer of

  7         the Division of Unemployment Compensation to

  8         the Agency for Workforce Innovation; revising

  9         the definition of "employment office"; amending

10         s. 443.091, F.S.; conforming terminology;

11         amending s. 443.131, F.S.; conforming

12         terminology; amending s. 443.151, F.S.;

13         providing for unemployment compensation appeals

14         referees to be appointed by the Unemployment

15         Appeals Commission; requiring the Department of

16         Management Services to provide facilities to

17         the appeals referees and the commission;

18         requiring the Division of Unemployment

19         Compensation to post certain notices in

20         one-stop career centers; amending s. 443.171,

21         F.S.; conforming duties of the Division of

22         Unemployment Compensation and appointment of

23         the Unemployment Compensation Advisory Council

24         to reflect program transfer to the Department

25         of Revenue; conforming cross-references;

26         amending s. 443.1715, F.S.; permitting the

27         release of confidential information to agents

28         of public employees; amending s. 443.1716,

29         F.S., relating to the electronic access of

30         employer information; revising certain

31         criteria; conforming terminology; amending s.

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         443.211, F.S.; conforming provisions;

  2         authorizing the Unemployment Appeals Commission

  3         to approve payments from the Employment

  4         Security Administration Trust Fund; providing

  5         for use of funds in the Special Employment

  6         Security Administration Trust Fund by the

  7         Unemployment Appeals Commission and the Agency

  8         for Workforce Innovation; amending s. 443.221,

  9         F.S.; conforming terminology; amending s.

10         443.231, F.S., relating to the Florida Training

11         Investment Program; revising eligibility

12         criteria; conforming terminology; amending ss.

13         447.02, 447.04, 447.041, 447.045, 447.06,

14         447.12, and 447.16, F.S.; providing for part I

15         of ch. 447, F.S., relating to the regulation of

16         labor organizations to be administered by the

17         Department of Insurance; deleting references to

18         the Division of Jobs and Benefits and the

19         Department of Labor and Employment Security;

20         amending s. 447.203, F.S.; clarifying the

21         definition of professional employee; amending

22         s. 447.205, F.S.; conforming provisions to

23         reflect the transfer of the Public Employees

24         Relations Commission to the Department of

25         Management Services and deleting obsolete

26         provisions; amending s. 447.208, F.S.;

27         clarifying the procedure for appeals, charges,

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

29         relating to the registration of employee

30         organizations; providing for the Public

31         Employees Relations Commission to share

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         registration information with the Department of

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

  3         authorizing the commission to modify existing

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

  5         clarifying procedures; amending s. 447.504,

  6         F.S.; authorizing the commission to stay

  7         certain procedures; providing for the transfer

  8         of the commission to the Department of

  9         Management Services by a type two transfer;

10         repealing s. 447.609, F.S., relating to

11         representation in commission cases; amending

12         ss. 450.012, 450.061, 450.081, 450.095,

13         450.121, 450.132, and 450.141, F.S.; providing

14         for part I of ch. 450, F.S., relating to child

15         labor, to be administered by the Department of

16         Insurance; deleting references to the Division

17         of Jobs and Benefits and the Department of

18         Labor and Employment Security; amending s.

19         450.191, F.S., relating to the duties of the

20         Executive Office of the Governor with respect

21         to migrant labor; conforming provisions to

22         changes made by the act; amending ss. 450.28,

23         450.30, 450.31, 450.33, 450.35, 450.36, 450.37,

24         and 450.38, F.S., relating to farm labor

25         registration; providing for part III of ch.

26         450, F.S., to be administered by the Department

27         of Insurance; deleting references to the

28         Division of Jobs and Benefits and the

29         Department of Labor and Employment Security;

30         requiring the Department of Revenue to report

31         on disbursement and cost-allocation of

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         unemployment compensation funds; requiring the

  2         Department of Revenue to conduct a feasibility

  3         study on privatization of unemployment

  4         compensation activities; authorizing the

  5         Department of Labor and Employment Security to

  6         offer a voluntary reduction-in-force payment to

  7         certain employees; requiring a plan to meet

  8         specified criteria; providing for legislative

  9         review; providing for the continuation of

10         contracts or agreements of the Department of

11         Labor and Employment Security; providing for a

12         successor department, agency, or entity to be

13         substituted for the Department of Labor and

14         Employment Security as a party in interest in

15         pending proceedings; providing for

16         severability; providing effective dates.

17

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

19

20         Section 1.  Section 20.171, Florida Statutes, is

21  repealed effective January 1, 2001.

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

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

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

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

26  Department of Labor and Employment Security to the Department

27  of Insurance.  The Department of Insurance, in consultation

28  with the Department of Labor and Employment Security, shall

29  determine the number of positions needed for administrative

30  support of the programs within the Division of Workers'

31  Compensation and the Office of the Judges of Compensation

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  Claims as transferred to the Department of Insurance.  The

  2  number of administrative support positions the Department of

  3  Insurance determines are needed shall not exceed the number of

  4  administrative support positions that, prior to the transfer,

  5  were authorized to the Department of Labor and Employment

  6  Security for this purpose.  Upon transfer of the division of

  7  Workers' Compensation and the Office of the Judges of

  8  Compensation Claims, the number of required administrative

  9  support positions, as determined by the Department of

10  Insurance, shall be authorized within the Department of

11  Insurance.

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

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

14  balances of appropriations, allocations, and other funds of

15  the Division of Workforce and Employment Opportunities related

16  to the regulation of labor organizations under chapter 447,

17  Florida Statutes; the administration of child labor laws under

18  chapter 450, Florida Statutes; and the administration of

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

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

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

22  Labor and Employment Security to the Bureau of Workplace

23  Regulation in the Division of Workers' Compensation of the

24  Department of Insurance.

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

26  functions, rules, records, property, and unexpended balances

27  of appropriations, allocations, and other funds of the

28  Department of Labor and Employment Security, not otherwise

29  transferred by this act, relating to workplace regulation and

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

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

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  from the Department of Labor and Employment Security to the

  3  Bureau of Workplace Regulation in the Division of Workers'

  4  Compensation of the Department of Insurance.

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

  6  unexpended balances of appropriations, allocations, and other

  7  funds and resources of the Office of the Secretary and the

  8  Office of Administrative Services of the Department of Labor

  9  and Employment Security which support the activities and

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

11  transferred as provided in s. 20.06(2), Florida Statutes, to

12  the Division of Worker's Compensation.

13         Section 3.  Paragraph (k) is added to subsection (2) of

14  section 20.13, Florida Statutes, and subsection (7) is added

15  to said section, to read:

16         20.13  Department of Insurance.--There is created a

17  Department of Insurance.

18         (2)  The following divisions of the Department of

19  Insurance are established:

20         (k)  Division of Workers' Compensation.

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

22  within the Division of Workers' Compensation.

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

24  Division of Workers' Compensation.

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

26  Unemployment Compensation is transferred by a type two

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

28  from the Department of Labor and Employment Security to the

29  Agency for Workforce Innovation.  The resources, data,

30  records, property, and unexpended balances of appropriations,

31  allocations, and other funds within the Office of the

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  Secretary or any other division, office, bureau, or unit

  2  within the Department of Labor and Employment Security that

  3  support the Division of Unemployment Compensation are

  4  transferred by a type two transfer, as defined in section

  5  20.06(2), Florida Statutes, from the Department of Labor and

  6  Employment Security.  By January 1, 2001, the Agency for

  7  Workforce Innovation shall enter into a contract with the

  8  Department of Revenue which shall provide for the Department

  9  of Revenue to provide unemployment tax collection services.

10  The Department of Revenue, in consultation with the Department

11  of Labor and Employment Security, shall determine the number

12  of positions needed to provide unemployment tax collection

13  services within the Department of Revenue.  The number of

14  unemployment tax collection service positions the Department

15  of Revenue determines are needed shall not exceed the number

16  of positions that, prior to the contract, were authorized to

17  the Department of Labor and Employment Security for this

18  purpose.  Upon entering into the contract with the Agency for

19  Workforce Innovation to provide unemployment tax collection

20  services, the number of required positions, as determined by

21  the Department of Revenue, shall be authorized within the

22  Department of Revenue.  Beginning January 1, 2002, the Office

23  of Program Policy Analysis and Government Accountability shall

24  conduct a feasibility study regarding privatization of

25  unemployment tax collection services.  A report on the

26  conclusions of this study shall be submitted to the Governor,

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

28  Representatives.

29         Section 5.  The Division of Statutory Revision of the

30  Office of Legislative Services is directed to prepare a

31  reviser's bill for introduction at the 2001 Regular Session of

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  the Legislature to change "Division of Unemployment

  2  Compensation" to "Agency for Workforce Innovation" and

  3  "division" to "agency" wherever the terms or phrases appear in

  4  chapter 443, Florida Statutes.

  5         Section 6.  Effective January 1, 2001, the Office of

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

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

  8  Department of Labor and Employment Security to the State

  9  Technology Office; except that all powers, duties, functions,

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

11  of appropriations, allocations, and other funds of the Office

12  of Information Systems related to workforce information

13  systems planning are transferred effective October 1, 2000, by

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

15  Statutes, to the Agency for Workforce Innovation.

16         Section 7.  Effective October 1, 2000, the Minority

17  Business Advocacy and Assistance Office is transferred by a

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

19  Statutes, from the Department of Labor and Employment Security

20  to the Department of Management Services.

21         Section 8.  (1)  Effective upon this act becoming a

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

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

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

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

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

27         (a)  Five members appointed by the Governor; one of

28  whom must be a representative of a statewide business

29  organization, one of whom must be a representative of

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

31

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  businesses. The Governor shall name one of the appointees

  2  under this paragraph to serve as chair of the task force.

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

  4  Senate; one of whom must be a representative of a statewide

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

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

  7  businesses.

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

  9  of Representatives; one of whom must be a representative of a

10  statewide business organization, one of whom must be a

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

12  from private sector businesses.

13         (d)  One member appointed from the private sector by

14  the Insurance Commissioner.

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

16  or her designee from the organization.

17

18  The Insurance Commissioner, or the commissioner's designee

19  from the Department of Insurance, shall serve as an ex

20  officio, nonvoting member of the task force.

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

22  findings and issue recommendations on innovative ways in which

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

24  incidence of employee accidents, occupational diseases, and

25  fatalities compensable under the workers' compensation law.

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

27  to:

28         (a)  Alternative organizational structures for the

29  delivery of workplace safety assistance services to businesses

30  following the repeal of the Division of Safety of the

31

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  Department of Labor and Employment Security by s. 14, chapter

  2  99-240, Laws of Florida.

  3         (b)  The extent to which workplace safety assistance

  4  services are or may be provided through private sector

  5  sources.

  6         (c)  The potential contribution of workplace safety

  7  assistance services to a reduction in workers' compensation

  8  rates for employers.

  9         (d)  Differences in the workplace safety needs of

10  businesses based upon the size of the businesses and the

11  nature of business.

12         (e)  Differences in the workplace safety needs of

13  private sector employers and public sector employers.

14         (f)  The relationship between federal and state

15  workplace safety activities.

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

17  compensation on the economic development efforts of the state.

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

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

20  for the task force.

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

22  compensation, but are entitled to per diem and travel expenses

23  pursuant to section 112.061, Florida Statutes, for expenses

24  incurred in the performance of their duties.

25         (5)  The task force may procure information and

26  assistance from any officer or agency of the state, or any

27  subdivision thereof. All such officials and agencies shall

28  provide the task force with all relevant information and

29  assistance on any matter within their knowledge or control.

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

31  recommendations to the Governor, the Insurance Commissioner,

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

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

  3  shall include recommendations on the organizational structure,

  4  mission, staffing structure and staffing qualifications, and

  5  funding level for the Bureau of Workplace Safety within the

  6  Division of Workers' Compensation of the Department of

  7  Insurance. The report also shall include any specific

  8  recommendations for legislative action during the 2001 Regular

  9  Session of the Legislature.

10         (7)(a)  During fiscal year 2000-2001, the Division of

11  Workers' Compensation of the Department of Insurance is

12  authorized to establish 60 time-limited positions on July 1,

13  2000, which shall be responsible for the 21(d) federal grant

14  from the Occupational Safety and Health Administration and for

15  the core responsibilities under a program for enforcement of

16  safety and health regulations in the public sector.

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

18  issued its report and recommendations, the Division of

19  Workers' Compensation may eliminate the 60 time-limited

20  positions and establish and classify permanent positions as

21  authorized in the fiscal year 2000-2001 General Appropriations

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

23  Florida Statutes, to implement the recommendations of the task

24  force.

25         (c)  Effective July 1, 2000, all records, property, and

26  equipment of the Division of Safety of the Department of Labor

27  and Employment Security, repealed by s. 14, chapter 99-240,

28  Laws of Florida, shall be transferred to the Bureau of

29  Workplace Safety of the Division of Workers' Compensation of

30  the Department of Insurance for the bureau to retain, use, and

31  maintain during the deliberations of the task force.

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  its report.

  3         Section 9.  Effective upon this act becoming a law,

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

  5  read:

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

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

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

  9  Statutes, from the Department of Labor and Employment Security

10  to the Department of Education. The Department of Education,

11  in consultation with the Department of Labor and Employment

12  Security, shall determine the number of positions needed for

13  administrative support of the programs within the Division of

14  Blind Services as transferred to the Department of Education.

15  The number of administrative support positions the Department

16  of Education determines are needed shall not exceed the number

17  of administrative support positions that, prior to the

18  transfer, were authorized to the Department of Labor and

19  Employment Security for this purpose.  Upon transfer of the

20  Division of Blind Services, the number of required

21  administrative support positions, as determined by the

22  Department of Education, shall be authorized within the

23  Department of Education.

24         Section 10.  (1)  It is the intent of the Legislature

25  that the transfer of responsibilities from the Department of

26  Labor and Employment Security to other units of state

27  government, as prescribed by this act, be accomplished with

28  minimal disruption of services provided to the public and with

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

30  end, the Legislature finds that a transition period during

31  which the activities of the department will be systematically

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  reduced and the activities of the other applicable units of

  2  state government will be strategically increased is

  3  appropriate and warranted.

  4         (2)  The Department of Labor and Employment Security

  5  and the Department of Management Services shall provide

  6  coordinated reemployment assistance to employees of the

  7  Department of Labor and Employment Security who are dislocated

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

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

10  one-stop career centers shall provide assistance to the

11  departments in carrying out the provisions of this section.

12         (3)  The state and its political subdivisions shall

13  give preference in the appointment and the retention of

14  employment to employees of the Department of Labor and

15  Employment Security who are dislocated as a result of this

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

17  is used to determine qualification for entrance into

18  employment with the state or its political subdivisions, 10

19  points shall be added to the earned rating of any employee of

20  the Department of Labor and Employment Security who is

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

22  a qualifying score on the examination for the position.

23  Preference is considered to have expired once such person has

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

25  subdivision of the state.

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

27  Security Transition Team, which shall be responsible for

28  coordinating and overseeing actions necessary to ensure the

29  timely, comprehensive, efficient, and effective implementation

30  of the provisions of this act, as well as implementing any

31  statutory changes affecting the Department of Labor and

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  Employment Security's provision of workforce placement and

  2  development services through the Division of Workforce and

  3  Employment Opportunities.

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

  5  members:

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

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

  8  meetings of the transition team.

  9         2.  The Secretary of Labor and Employment Security or

10  the secretary's designee.

11         3.  The Secretary of Management Services or the

12  secretary's designee.

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

14  designee.

15         5.  The executive director of the Department of Revenue

16  or the executive director's designee.

17         6.  The director of the Agency for Workforce Innovation

18  or the director's designee.

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

20  president's designee.

21         8.  The Chief Information Officer for the state.

22         9.  Any other members deemed necessary by, and

23  appointed by, the Governor.

24         (c)  Staff of the Office of Policy and Budget within

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

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

27  transition team shall appoint appropriate staff members from

28  the organization that he or she represents to serve as

29  liaisons to the transition team and to assist the transition

30  team as necessary. Each member of the transition team shall be

31

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  responsible for ensuring that the organization that he or she

  2  represents cooperates fully in the implementation of this act.

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

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

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

  6  the House of Representatives brief status reports on the

  7  progress and on any significant problems in implementing this

  8  act.

  9         (e)  By February 2, 2001, the transition team shall

10  submit to the Governor, the President of the Senate, and the

11  Speaker of the House of Representatives a comprehensive report

12  on the transition of the Department of Labor and Employment

13  Security.  The report shall include any recommendations

14  regarding legislative action necessary to be taken during the

15  2001 Regular Session of the Legislature to address substantive

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

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

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

19  functions under this act shall include the transfer of any

20  records and unexpended balances of appropriations,

21  allocations, or other funds related to such programs,

22  activities, and functions. Any surplus records and unexpended

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

24  transferred shall be transferred to the Department of

25  Management Services for proper disposition. The Department of

26  Management Services shall become the custodian of any property

27  of the Department of Labor and Employment Security which is

28  not otherwise transferred, for the purposes of chapter 273,

29  Florida Statutes. The Department of Management Services is

30  authorized to permit the use of such property by organizations

31  as necessary to implement the provisions of this act.

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  Office of the Attorney General, may use any unexpended

  3  balances of the Department of Labor and Employment Security to

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

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

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

  7  local governments, department employees, or the private

  8  sector. Any remaining balances of the department shall be

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

10         (7)  The transition team shall monitor any personnel

11  plans of the Department of Labor and Employment Security and

12  any implementation activities of the department required by

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

14  transfer an employee laterally between any divisions or other

15  units of the department without the written approval of the

16  transition team.

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

18  Governor and recommend budget amendments to ensure the

19  effective implementation of this act, maintenance of federal

20  funding, and continuation of services to customers without

21  interruption. By October 1, 2000, the transition team shall

22  recommend the provisions of a Department of Labor and

23  Employment Security budget amendment to allocate the resources

24  of the Office of the Secretary, Office of Administrative

25  Services, Division of Unemployment Compensation, and other

26  resources of the Department of Labor and Employment Security

27  not otherwise transferred by this act. The allocation of

28  resources pursuant to this budget amendment must provide for

29  the maintenance of the department until January 1, 2001, in

30  order to complete activities related to the dissolution of the

31  department, and must reserve any remaining funds or positions.

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  becoming a law.

  3         Section 11.  (1)  To expedite the acquisition of goods

  4  and services for implementing the provisions of this act, the

  5  Department of Revenue, the Department of Insurance, the

  6  Department of Management Services, and the Agency for

  7  Workforce Innovation are exempt from the provisions of chapter

  8  287, Florida Statutes, when contracting for the purchase or

  9  lease of goods or services under this act.

10         (2)  This section shall take effect upon this act

11  becoming a law and shall expire January 1, 2001.

12         Section 12.  (1)  To expedite the leasing of facilities

13  for implementing the provisions of this act, the Department of

14  Revenue, the Department of Insurance, the Department of

15  Management Services, and the Agency for Workforce Innovation

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

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

18  requirements imposed by section 255.25, Florida Statutes, and

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

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

21  must be submitted for approval to the Department of Management

22  Services at the earliest practicable time.

23         (2)  This section shall take effect upon this act

24  becoming a law and shall expire January 1, 2001.

25         Section 13.  Notwithstanding the provisions of chapter

26  120, Florida Statutes, to the contrary, the Department of

27  Revenue, the Department of Insurance, the Department of

28  Management Services, and the Agency for Workforce Innovation

29  are authorized to develop emergency rules relating to and in

30  furtherance of the orderly implementation of the provisions of

31

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  270 days after the effective date of this act.

  3         Section 14.  (1)  The Department of Revenue shall

  4  develop and issue notification to all businesses registered

  5  with the Department of Labor and Employment Security for the

  6  purpose of paying unemployment compensation tax imposed

  7  pursuant to chapter 443, Florida Statutes. Such notification

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

  9  transfer of unemployment tax collection responsibilities from

10  the Department of Labor and Employment Security to the

11  Department of Revenue.

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

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

14  unemployment compensation tax which the Division of

15  Unemployment Compensation of the Department of Labor and

16  Employment Security was authorized to issue or publish under

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

18  responsibilities under this act.

19         (3)  The Department of Revenue is authorized to

20  determine the most efficient and effective method for

21  administering, collecting, enforcing, and auditing the

22  unemployment compensation tax, in consultation with the

23  businesses that pay such tax and consistent with the

24  provisions of chapter 443, Florida Statutes.

25         Section 15.  Effective October 1, 2000, subsection (19)

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

27         287.012  Definitions.--The following definitions shall

28  apply in this part:

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

30  Assistance Office of the Department of Management Services

31  Labor and Employment Security.

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         Section 16.  Effective October 1, 2000, subsection (1)

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

  3         287.0947  Florida Council on Small and Minority

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

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

  6  the Department of Management Services Labor and Employment

  7  Security may create the Florida Advisory Council on Small and

  8  Minority Business Development with the purpose of advising and

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

10  with respect to minority businesses and economic and business

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

12  membership of such council include practitioners, laypersons,

13  financiers, and others with business development experience

14  who can provide invaluable insight and expertise for this

15  state in the diversification of its markets and networking of

16  business opportunities. The council shall initially consist of

17  19 persons, each of whom is or has been actively engaged in

18  small and minority business development, either in private

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

20  recognized achievement in the study of such matters.

21  Initially, the council shall consist of members representing

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

23  from each group identified within the definition of "minority

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

25  nationality subgroups, and shall consist of the following:

26         (a)  Four members consisting of representatives of

27  local and federal small and minority business assistance

28  programs or community development programs.

29         (b)  Eight members composed of representatives of the

30  minority private business sector, including certified minority

31  business enterprises and minority supplier development

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  four shall be minority persons.

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

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

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

  6  government.

  7         (d)  Two representatives from the banking and insurance

  8  industry.

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

10  representing the construction and commodities industries.

11         (f)  The chairperson of the Florida Black Business

12  Investment Board or the chairperson's designee.

13

14  A candidate for appointment may be considered if eligible to

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

16  if otherwise qualified under the criteria above. Vacancies may

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

18  the original appointment.

19         Section 17.  Effective October 1, 2000, subsections (2)

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

21  287.09451, Florida Statutes, are amended to read:

22         287.09451  Minority Business Advocacy and Assistance

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

24         (2)  The Minority Business Advocacy and Assistance

25  Office is established within the Department of Management

26  Services Labor and Employment Security to assist minority

27  business enterprises in becoming suppliers of commodities,

28  services, and construction to state government.

29         (3)  The Secretary of the Department of Management

30  Services secretary shall appoint an executive director for the

31

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  Minority Business Advocacy and Assistance Office, who shall

  2  serve at the pleasure of the secretary.

  3         (4)  The Minority Business Advocacy and Assistance

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

  5         (h)  To develop procedures to investigate complaints

  6  against minority business enterprises or contractors alleged

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

  8  287.0943, that may include visits to worksites or business

  9  premises, and to refer all information on businesses suspected

10  of misrepresenting minority status to the Department of

11  Management Services Labor and Employment Security for

12  investigation. When an investigation is completed and there is

13  reason to believe that a violation has occurred, the

14  Department of Management Services Labor and Employment

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

16  General, Department of Legal Affairs, for prosecution.

17         Section 18.  Effective upon this act becoming a law,

18  subsections (4) and (6) of section 20.15, Florida Statutes,

19  are amended, paragraph (j) is added to subsection (3) of said

20  section, and paragraph (d) is added to subsection (5) of said

21  section, to read:

22         20.15  Department of Education.--There is created a

23  Department of Education.

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

25  Department of Education are established:

26         (j)  Division of Occupational Access and Opportunity.

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

28  of the Division of Universities, the Occupational Access and

29  Opportunity Commission is the director of the Division of

30  Occupational Access and Opportunity, and the State Board of

31  Community Colleges is the director of the Division of

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  all other divisions shall be appointed by the commissioner

  3  subject to approval by the state board.

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

  5  and the Commissioner of Education:

  6         (d)  Shall assign to the Division of Occupational

  7  Access and Opportunity such powers, duties, responsibilities,

  8  and functions as are necessary to ensure the coordination,

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

10  not limited to, vocational rehabilitation and independent

11  living services to persons with disabilities which services

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

13  except for:

14         1.  Those duties specifically assigned to the Division

15  of Blind Services of the Department of Education.

16         2.  Those duties specifically assigned to the

17  Commissioner of Education in ss. 229.512 and 229.551.

18         3.  Those duties concerning physical facilities in

19  chapter 235.

20         4.  Those duties assigned to the State Board of

21  Community Colleges in chapter 240.

22         5.  Those duties assigned to the Division of Workforce

23  Development in chapter 239.

24

25  Effective October 1, 2000, the Occupational Access and

26  Opportunity Commission shall assume all responsibilities

27  necessary to be the designated state agency for purposes of

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

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

30  contained in law to the contrary, the Commissioner of

31  Education shall appoint all members of all councils and

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

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

  3  college district boards of trustees, the Postsecondary

  4  Education Planning Commission, the Education Practices

  5  Commission, the Education Standards Commission, the State

  6  Board of Independent Colleges and Universities, the

  7  Occupational Access and Opportunity Commission, the Florida

  8  Rehabilitation Council, the Florida Independent Living

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

10         Section 19.  Subsection (16) is added to section

11  120.80, Florida Statutes, to read:

12         120.80  Exceptions and special requirements;

13  agencies.--

14         (16)  OCCUPATIONAL ACCESS AND OPPORTUNITY

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

16  concerning determinations by the Occupational Access and

17  Opportunity Commission on eligibility, plans of services, or

18  closure need not be conducted by an administrative law judge

19  assigned by the division. The commission may choose to

20  contract with another appropriate resource in these matters.

21         Section 20.  Effective October 1, 2000, subsection (1)

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

23         413.034  Commission established; membership.--

24         (1)  There is created within the Department of

25  Management Services the Commission for Purchase from the Blind

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

27  of the Department of Management Services; the director of the

28  Division of Occupational Access and Opportunity Vocational

29  Rehabilitation of the Department of Education Labor and

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

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

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  of the Department of Education Labor and Employment Security;

  2  and four members to be appointed by the Governor, which four

  3  members shall be an executive director of a nonprofit agency

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

  5  other severely handicapped persons, a representative of

  6  private enterprise, and a representative of other political

  7  subdivisions. All appointed members shall serve for terms of 4

  8  years.  Appointed commission members shall serve subject to

  9  confirmation by the Senate.

10         Section 21.  Effective October 1, 2000, paragraph (a)

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

12  Florida Statutes, are amended to read:

13         413.051  Eligible blind persons; operation of vending

14  stands.--

15         (2)  As used in this section:

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

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

18  Services of the Department of Education Labor and Employment

19  Security to operate a vending stand.

20         (3)  Blind licensees shall be given the first

21  opportunity to participate in the operation of vending stands

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

23  facilities are operated under the supervision of the Division

24  of Blind Services of the Department of Education Labor and

25  Employment Security.

26         Section 22.  Effective October 1, 2000, section

27  413.064, Florida Statutes, is amended to read:

28         413.064  Rules.--The Department of Education Labor and

29  Employment Security shall adopt all necessary rules pertaining

30  to the conduct of a solicitation for the benefit of

31

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  individuals who are blind persons, including criteria for

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

  3         Section 23.  Effective October 1, 2000, section

  4  413.066, Florida Statutes, is amended to read:

  5         413.066  Revocation of permit.--Any failure on the part

  6  of a person or organization holding a permit under the

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

  8  with all rules promulgated by the Department of Education

  9  Labor and Employment Security as authorized by s. 413.064

10  constitutes a ground for revocation of the permit by the

11  Division of Blind Services.

12         Section 24.  Effective October 1, 2000, section

13  413.067, Florida Statutes, is amended to read:

14         413.067  Penalty.--Any person who violates the

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

16  the Department of Education Labor and Employment Security

17  pursuant thereto commits a misdemeanor of the second degree,

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

19         Section 25.  Effective October 1, 2000, subsection (1)

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

21         413.395  Florida Independent Living Council.--

22         (1)  There is created the Florida Independent Living

23  Council to assist the division and the Division of Blind

24  Services of the Department of Education Labor and Employment

25  Security, as well as other state agencies and local planning

26  and administrative entities assisted under Title VII of the

27  act, in the expansion and development of statewide independent

28  living policies, programs, and concepts and to recommend

29  improvements for such programs and services. The council shall

30  function independently of the division and, unless the council

31  elects to incorporate as a not-for-profit corporation, is

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  assigned to the division for administrative purposes only. The

  2  council may elect to be incorporated as a Florida corporation

  3  not for profit and, upon such election, shall be assisted in

  4  the incorporation by the division for the purposes stated in

  5  this section. The appointed members of the council may

  6  constitute the board of directors for the corporation.

  7         Section 26.  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

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  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.

18         (f)  As ex officio, 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         4.  The chair of the Commission for the Purchase from

24  the Blind or Other Severely Handicapped.

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

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

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

28  the Blind or Other Severely Handicapped;

29         (e)  A community rehabilitation provider who contracts

30  to provide vocational rehabilitation services to individuals

31

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  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 actions, 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

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  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 the provisions of are entitled to be reimbursed for

30  reasonable and necessary expenses of attending meetings and

31  performing commission duties, including per diem and travel

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  expenses, and for personal care attendants and interpreters

  2  needed by members during meetings, as provided in s.

  3  413.273(1) and (3).

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

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

  6         413.84  Powers and duties.--The commission:

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

  8  director of the Division of Occupational Access and

  9  Opportunity of the Department of Education.

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

11  and quality assurance for the programs assigned and funded to

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

13  rehabilitation and independent living services to persons with

14  disabilities which services are funded under the federal

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

16  efficient, and effective manner.

17         (3)  The Occupational Access and Opportunity Commission

18  has authority to adopt rules pursuant to ss. 120.536(1) and

19  120.54 to implement provisions of law conferring duties upon

20  it. Such rules and policies shall be submitted to the State

21  Board of Education for approval. If any rule is not

22  disapproved by the State Board of Education within 45 days

23  after its receipt by the State Board of Education, the rule

24  shall be filed immediately with the Department of State.

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

26  not require approval by the State Board of Education.

27         (4)  Shall, in consultation with the Commissioner of

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

29  commission for operation and maintenance of the programs

30  assigned and funded to the division.

31

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (5)(1)  Shall, no later than January July 1, 2001 2000,

  2  after consulting with stakeholders and holding public

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

  4  occupational access and opportunities for Floridians with

  5  disabilities, and to fulfill the federal plan requirements.

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

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

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

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

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

11  first of January.

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

13  Training Accounts, as described in the federal Workforce Act

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

15  developed, these accounts must be distributed under a written

16  memorandum of understanding with One-Stop Career Center

17  operators.

18         (b)  The plan must include an emergency response

19  component to address economic downturns.

20         (c)  The plan must designate an administrative entity

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

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

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

24  innovative contracts that upgrade or enhance direct services

25  to Floridians with disabilities.

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

27  into cooperative agreements with community-based

28  rehabilitation programs by workforce region to be the service

29  providers for the program; however, state career service

30  employees shall provide all services that may not be delegated

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

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  provided by community-based rehabilitation programs. The plan

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

  4  state law and regulation, all available funds for such

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

  6  private sources shall be used to enhance federal and state

  7  resources.

  8         (e)  The plan must include recommendations regarding

  9  specific performance standards and measurable outcomes, and

10  must outline procedures for monitoring operations of the

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

12  the operations of all providers of services under contract to

13  the commission designated administrative entity's operations

14  to ensure that performance data is maintained and supported by

15  records of such entities. The commission shall consult with

16  the Office of Program Policy Analysis and Government

17  Accountability in the establishment of performance standards,

18  measurable outcomes, and monitoring procedures.

19         (6)(2)  Notwithstanding the provisions of part I of

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

21  the corporation administrative entity designated in the plan

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

23  the plan. The commission shall serve as contract

24  administrator. If approved by the federal Department of

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

26  organization. The commission shall define the terms of the

27  contract.

28         (7)(3)  Shall work with the employer community to

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

30  qualified Floridians with disabilities.

31

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (8)(4)  Is responsible for the prudent use of all

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

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

  4  applicable laws, bylaws, and contractual requirements.

  5         (9)(5)  Shall develop an operational structure to carry

  6  out the plan developed by the commission.

  7         (10)(6)  May appear on its own behalf before the

  8  Legislature, boards, commissions, departments, or other

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

10         (11)(7)  In the performance of its duties, may

11  undertake or commission research and studies.

12         (12)(8)  Shall develop a budget, which is in keeping

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

14  commission and functions of its designated administrative

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

16  inclusion in the Governor's budget recommendations.

17         (13)(9)  May assign staff from the office or division

18  to assist in implementing the provisions of this act relating

19  to the Occupational Access and Opportunity Commission.

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

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

22  Statutes, are amended to read:

23         413.85  Occupational Access and Opportunity

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

25  audit.--

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

27  contract with the corporation to provide services designate a

28  direct-support organization as its administrative entity, such

29  organization shall be designated the Occupational Access and

30  Opportunity Corporation:

31

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

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

  3  1986, as amended, and is incorporated under the provisions of

  4  chapter 617 and approved by the Department of State.

  5         (b)  Which is organized and operated exclusively to

  6  carry out such activities and tasks as the commission assigns

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

  8  administer property and to manage and make expenditures for

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

10  programs of the provisions of this act relating to the

11  Occupational Access and Opportunity Commission.

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

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

14  goals of the commission and the plan.

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

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

17  255.254, relating to leasing of buildings; ss. 283.33 and

18  283.35, relating to bids for printing; s. 215.31; and parts IV

19  through VIII of chapter 112.

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

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

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

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

24  an instrumentality of this state.

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

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

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

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

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

30  chair of the commission shall serve as chair of the

31  corporation's board of directors.

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  performance of its duties:

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

  4  other functions as are necessary to carry out the provisions

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

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

  7  law.

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

  9  federal and state funding and to provide upgraded or expanded

10  services to Floridians with disabilities if directed by the

11  commission.

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

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

14  all promotional materials directly produced by the

15  corporation.

16         (d)  The corporation shall establish cooperative and

17  collaborative memoranda of understanding with One-Stop Career

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

19  Floridians with disabilities who are seeking employment and

20  self-sufficiency.

21         (e)  The corporation is encouraged to hire any

22  individual who, as of June 30, 2000, is employed by the

23  Division of Vocational Rehabilitation.

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

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

26         413.86  Public-private partnerships.--The Division of

27  Occupational Access and Opportunity Vocational Rehabilitation

28  will enter into local public-private partnerships to the

29  extent that it is beneficial to increasing employment outcomes

30  for persons with disabilities and ensuring their full

31  involvement in the comprehensive workforce investment system.

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

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

  3  to read:

  4         413.87  Annual audit.--

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

  6  quarterly report that:

  7         (a)  Updates its progress and impact in creating

  8  employment and increasing the personal income of individuals

  9  with disabilities;

10         (b)  Provides detailed, unaudited financial statements

11  of sources and uses of public and private funds;

12         (c)  Measures progress towards annual goals and

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

14         (d)  Reviews all pertinent research findings and

15  training efforts; and

16         (e)  Provides other measures of accountability as

17  requested by the commission.

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

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

20         413.88  Annual report of the Occupational Access and

21  Opportunity Commission; audits.--

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

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

24  the Speaker of the House of Representatives a complete and

25  detailed report setting forth for itself and its designated

26  administrative entity:

27         (a)  Its operations and accomplishments during the

28  fiscal year.

29         (b)  Its business and operational plan.

30

31

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (c)  The assets and liabilities of the corporation

  2  designated administrative entity at the end of its most recent

  3  fiscal year.

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

  5  audit.

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

  7  own authority or at the direction of the Legislative Auditing

  8  Committee, conduct an audit of the commission or the

  9  corporation its designated administrative entity.

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

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

12         413.89  State vocational rehabilitation plan;

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

14  2000, the Department of Education is the designated state

15  agency and the Division of Occupational Access and Opportunity

16  is the designated state unit for purposes of compliance with

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

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

19  Opportunity Commission is the designated state agency for

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

21  amended, and is authorized to prepare and submit the federally

22  required state vocational rehabilitation plan and to serve as

23  the governing authority of programs administered by the

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

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

26  receiving federal funds as the state vocational rehabilitation

27  agency; directing the expenditure of legislative

28  appropriations for rehabilitative services through its

29  designated administrative entity or other agents; and, if

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

31  considers necessary to maintain compliance with the federal

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  changes in order to continue to qualify and maintain federal

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

  4  2000, and October 1, 2000, the department and the appointment

  5  of the commission and the designation of the administrative

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

  7  provide for continued administration consistent with federal

  8  and state law.

  9         Section 33.  Effective upon this act becoming a law,

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

11         413.90  Designated State Agency and Designated State

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

13  2000 The division must comply with the transitional direction

14  of the plan. If the commission designates an administrative

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

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

17  and all contractual rights, obligations of, and unexpended

18  balances of appropriations and other funds or allocations of

19  the division's component programs of the Division of

20  Vocational Rehabilitation of the Department of Labor and

21  Employment Security shall be transferred to the Division of

22  Occupational Access and Opportunity of the Department of

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

24  20.06(2). The commission and the Department of Education, in

25  establishing the Division of Occupational Access and

26  Opportunity, may establish no more than 700 positions,

27  inclusive of those positions leased by the corporation. These

28  positions may be filled initially by former employees of the

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

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

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

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  becomes necessary with respect to the Division of Occupational

  2  Access and Opportunity, the competitive area identified for

  3  such layoff shall not include any other division of the

  4  Department of Education. If unforeseen transition activities

  5  occur in moving service delivery from division employees to

  6  community rehabilitation providers and create situations

  7  negatively affecting client services, and the remedy to those

  8  temporary situations would require more than 300 positions,

  9  the division may request a budget amendment to retain

10  positions. The request must provide full justification for the

11  continuation and must include the number of positions and

12  duration of time required. In no instance shall the time

13  required exceed 3 months. Effective July 1, 2000, the records,

14  property, and unexpended balances of appropriations,

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

16  the Secretary and the Office of Administrative Services of the

17  Department of Labor and Employment Security which support the

18  activities and functions of the Division of Vocational

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

20  the Division of Occupational Access and Opportunity at the

21  Department of Education. The Department of Labor and

22  Employment Security shall assist the commission in carrying

23  out the intent of this chapter and achieving an orderly

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

25  necessary budget amendments to the Legislature in order to

26  bring the budget into compliance with the plan.

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

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

29         413.91  Service providers; quality assurance and

30  fitness for responsibilities.--The Occupational Access and

31  Opportunity Commission shall assure that all contractors the

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  designated administrative entity and providers of direct

  2  service maintain an internal system of quality assurance, have

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

  4  inquiry for their fitness to undertake service

  5  responsibilities regardless of whether a contract for services

  6  is competitively or noncompetitively procured.

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

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

  9         413.92  Conflict of laws.--It is the intent of the

10  Legislature that the provisions of this act relating to the

11  Occupational Access and Opportunity Commission not conflict

12  with any federal statute or implementing regulation governing

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

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

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

16  2000, the department, and after October 1, 2000, the

17  commission shall submit to the federal Department of

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

19  favorable policy interpretation of the conflicting portions.

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

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

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

23  division is authorized to make the adjustments in the plan

24  which are necessary for achieving conformity to federal

25  statutes and regulations. Before making such adjustments, the

26  commission or the division shall provide to the President of

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

28  explanation and justification of the position of the division

29  or the commission and shall outline all feasible alternatives

30  that are consistent with this section. These alternatives may

31  include the state supervision of local service agencies by the

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  commission or the division if the agencies are designated by

  2  the Governor.

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

  4  section 413.93, Florida Statutes, is repealed.

  5         Section 37.  Subsections (11) and (13) of section

  6  440.02, Florida Statutes, are amended to read:

  7         440.02  Definitions.--When used in this chapter, unless

  8  the context clearly requires otherwise, the following terms

  9  shall have the following meanings:

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

11  Labor and Employment Security.

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

13  Compensation of the Department of Insurance Labor and

14  Employment Security.

15         Section 38.  Subsection (1) of section 440.207, Florida

16  Statutes, is amended to read:

17         440.207  Workers' compensation system guide.--

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

19  Department of Insurance Labor and Employment Security shall

20  educate all persons providing or receiving benefits pursuant

21  to this chapter as to their rights and responsibilities under

22  this chapter.

23         Section 39.  Subsections (2), (4), (5), (6), (9), and

24  (10), paragraph (c) of subsection (3), and paragraph (a) of

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

26  amended to read:

27         440.385  Florida Self-Insurers Guaranty Association,

28  Incorporated.--

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

30  association shall consist of nine persons and shall be

31  organized as established in the plan of operation. With

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  respect to initial appointments, the Secretary of Labor and

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

  3  appoint to the board persons who are experienced with

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

  5  individual self-insurers in this state required to become

  6  members of the association pursuant to the provisions of

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

  8  person so recommended does not have the necessary

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

10  board has been appointed, the secretary shall request the

11  directors thus far approved and appointed to recommend another

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

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

14  than initial appointments shall be made by the Insurance

15  Commissioner and Treasurer Secretary of Labor and Employment

16  Security upon recommendation of members of the association.

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

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

19  than initial appointments are made. Each director shall be

20  reimbursed for expenses incurred in carrying out the duties of

21  the board on behalf of the association.

22         (3)  POWERS AND DUTIES.--

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

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

25  to administer them, the Department of Insurance Labor and

26  Employment Security, upon certification of the board of

27  directors, shall levy assessments based on the annual normal

28  premium each employer would have paid had the employer not

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

30  uniform percentage of the figure applicable to all individual

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

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  annual normal premium during the calendar year preceding the

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

  4  administered by the board of directors in the manner specified

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

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

  7  due and payable.  The association shall levy assessments

  8  against any newly admitted member of the association so that

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

10  same as previously admitted members, provision for which shall

11  be contained in the plan of operation.

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

13  assessments, together with funds previously raised, are not

14  sufficient to make all the payments or reimbursements then

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

16  portion shall be paid as soon thereafter as sufficient

17  additional funds become available.

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

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

20  state funds accruing to the association by and through the

21  assignment of rights of an insolvent employer.

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

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

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

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

26  association.

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

28  meeting the obligations of insolvent members incurred while

29  members of the association and after the exhaustion of any

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

31  surety, or reinsurance policy is payable to the Florida

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  Self-Insurers Guaranty Association, the association shall

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

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

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

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

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

  7  the financial soundness of the Insolvency Fund annually.

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

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

10  for purposes of assuring the ongoing financial soundness of

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

12  this section.

13         (d)  The department actuary may make certain

14  recommendations to improve the orderly payment of claims.

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

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

17  and Employment Security a proposed plan of operation for the

18  administration of the association and the Insolvency Fund.

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

20  provide the association and the board of directors with the

21  authority and responsibility to establish the necessary

22  programs and to take the necessary actions to protect against

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

24  the plan shall provide that the members of the association

25  shall be responsible for maintaining an adequate Insolvency

26  Fund to meet the obligations of insolvent members provided for

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

28  contract and employ those persons with the necessary expertise

29  to carry out this stated purpose.

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

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

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  15, 1982, or fails to make required amendments to the plan

  3  within 30 days thereafter, the department shall promulgate

  4  such rules as are necessary to effectuate the provisions of

  5  this subsection.  Such rules shall continue in force until

  6  modified by the department or superseded by a plan submitted

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

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

  9  of operation.

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

11         1.  Establish the procedures whereby all the powers and

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

13  performed.

14         2.  Establish procedures for handling assets of the

15  association.

16         3.  Establish the amount and method of reimbursing

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

18         4.  Establish procedures by which claims may be filed

19  with the association and establish acceptable forms of proof

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

21  liquidator of the insolvent employer shall be deemed notice to

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

23  be submitted periodically to the association or similar

24  organization in another state by the receiver or liquidator.

25         5.  Establish regular places and times for meetings of

26  the board of directors.

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

28  financial transactions of the association and its agents and

29  the board of directors.

30

31

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         7.  Provide that any member employer aggrieved by any

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

  3  department within 30 days after the action or decision.

  4         8.  Establish the procedures whereby recommendations of

  5  candidates for the board of directors shall be submitted to

  6  the department.

  7         9.  Contain additional provisions necessary or proper

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

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

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

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

12  to a corporation, association, or other organization which

13  performs or will perform functions similar to those of this

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

15  corporation, association, or organization shall be reimbursed

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

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

18  A delegation of powers or duties under this subsection shall

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

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

21  corporation, association, or organization which extends

22  protection which is not substantially less favorable and

23  effective than the protection provided by this section.

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

25  AND EMPLOYMENT SECURITY.--

26         (a)  The department shall:

27         1.  Notify the association of the existence of an

28  insolvent employer not later than 3 days after it receives

29  notice of the determination of insolvency.

30

31

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  association with a statement of the annual normal premiums of

  3  each member employer.

  4         (b)  The department may:

  5         1.  Require that the association notify the member

  6  employers and any other interested parties of the

  7  determination of insolvency and of their rights under this

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

  9  address thereof when available; but, if sufficient information

10  for notification by mail is not available, notice by

11  publication in a newspaper of general circulation shall be

12  sufficient.

13         2.  Suspend or revoke the authority of any member

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

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

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

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

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

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

20  month.

21         3.  Revoke the designation of any servicing facility if

22  the department finds that claims are being handled

23  unsatisfactorily.

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

25  detection and prevention of employer insolvencies:

26         (a)  Upon determination by majority vote that any

27  member employer may be insolvent or in a financial condition

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

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

30  of Insurance Labor and Employment Security of any information

31  indicating such condition.

                                  55

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  shall be subject to examination and regulation by the

  3  Department of Insurance Labor and Employment Security. No

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

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

  6  form approved by the department.

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

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

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

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

11  Insurance Labor and Employment Security or its representatives

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

13  powers and duties under this section.

14         Section 40.  Subsection (6) of section 440.44, Florida

15  Statutes, is amended to read:

16         440.44  Workers' compensation; staff organization.--

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

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

19  be inscribed the words "State of Florida Department of

20  Insurance Labor and Employment Security--Seal."

21         Section 41.  Subsection (1) and paragraph (b) of

22  subsection (3) of section 440.4416, Florida Statutes, are

23  amended to read:

24         440.4416  Workers' Compensation Oversight Board.--

25         (1)  There is created within the Department of

26  Insurance Labor and Employment Security the Workers'

27  Compensation Oversight Board. The board shall be composed of

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

29  experience with, the workers' compensation system:

30

31

                                  56

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

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

  3  appointment, consisting of the following:

  4         1.  Two representatives of employers.

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

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

  7  covered by workers' compensation pursuant to this chapter.

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

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

10  the time of appointment, consisting of:

11         1.  A representative of employers who employs at least

12  10 employees in Florida for which workers' compensation

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

14  licensed general contractor actively engaged in the

15  construction industry in this state.

16         2.  A representative of employers who employs fewer

17  than 10 employees in Florida for which workers' compensation

18  coverage is provided pursuant to this chapter.

19         3.  A representative of employees.

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

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

22  Legislature at the time of appointment, consisting of:

23         1.  A representative of employers who employs fewer

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

25  contractor actively engaged in the construction industry in

26  this state for which workers' compensation coverage is

27  provided pursuant to this chapter.

28         2.  A representative of employers who employs at least

29  10 employees in Florida for which workers' compensation

30  coverage is provided pursuant to this chapter.

31         3.  A representative of employees.

                                  57

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (d)  Additionally, the Insurance Commissioner and the

  2  secretary of the Department of Labor and Employment Security

  3  shall be a nonvoting ex officio member members.

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

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

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

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

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

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

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

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

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

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

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

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

16  meeting to be determined by the Governor.

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

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

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

20  malfeasance, misfeasance, neglect of duty, drunkenness,

21  incompetence, permanent inability to perform official duties,

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

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

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

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

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

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

28         (3)  EXECUTIVE DIRECTOR; EXPENSES.--

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

30  authorized by s. 112.061, board members shall receive

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

                                  58

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  the board. The board shall promulgate procedures defining

  2  "business" for purposes of receiving compensation. Such

  3  procedures shall require each member to maintain time records

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

  5  basis. Failure to timely file such monthly record shall

  6  extinguish the member's entitlement to compensation for the

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

  8  the Insurance Commissioner and Treasurer secretary of the

  9  department. Expenses associated with the administration of

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

11  fund created by s. 440.50.

12         Section 42.  Subsection (1) of section 440.45, Florida

13  Statutes, is amended to read:

14         440.45  Office of the Judges of Compensation Claims.--

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

16  of Compensation Claims within the Department of Insurance

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

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

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

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

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

22  Judge must possess the same qualifications for appointment as

23  a judge of compensation claims, and the procedure for

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

25  reappointment of a judge of compensation claims. The office

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

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

28  Labor and Employment Security shall provide administrative

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

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

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

                                  59

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






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

  2  budgetary matters, or property transactions. The operating

  3  budget of the Office of the Judges of Compensation Claims

  4  shall be paid out of the Workers' Compensation Administration

  5  Trust Fund established in s. 440.50.

  6         Section 43.  Paragraph (e) of subsection (9) of section

  7  440.49, Florida Statutes, is amended to read:

  8         440.49  Limitation of liability for subsequent injury

  9  through Special Disability Trust Fund.--

10         (9)  SPECIAL DISABILITY TRUST FUND.--

11         (e)  The Department of Insurance Labor and Employment

12  Security or administrator shall report annually on the status

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

14  the estimated undiscounted and discounted fund liability, as

15  determined by an independent actuary, change in the total

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

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

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

19  revenues refunded and revenues applied to pay down the

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

21  accepted claims, and the average administrative costs per

22  claim.  The department or administrator shall submit its

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

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

25  year.

26         Section 44.  Effective January 1, 2001, subsections

27  (1), (4), and (5) of section 443.012, Florida Statutes, are

28  amended to read:

29         443.012  Unemployment Appeals Commission.--

30         (1)  There is created within the Department of

31  Management Services Labor and Employment Security an

                                  60

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  Unemployment Appeals Commission, hereinafter referred to as

  2  the "commission."  The commission shall consist of a chair and

  3  two other members to be appointed by the Governor, subject to

  4  confirmation by the Senate.  Not more than one appointee must

  5  be a person who, on account of previous vocation, employment,

  6  or affiliation, is classified as a representative of

  7  employers; and not more than one such appointee must be a

  8  person who, on account of previous vocation, employment, or

  9  affiliation, is classified as a representative of employees.

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

11  commission duties and shall be responsible for the

12  administrative functions of the commission.

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

14  general counsel and such other personnel as may be necessary

15  to carry out the duties and responsibilities of the

16  commission.

17         (c)  The chair shall have the qualifications required

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

19  in any other business vocation or employment. Notwithstanding

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

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

22  circuit court.

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

24  $100 for each day they are engaged in the work of the

25  commission.  The chair and other members shall also be

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

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

28  member of the commission shall be paid from the Employment

29  Security Administration Trust Fund.

30         (4)  The property, personnel, and appropriations

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

                                  61

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  responsibilities of the commission shall be provided to the

  2  commission by the Department of Management Services Labor and

  3  Employment Security.

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

  5  supervision, or direction by the Department of Management

  6  Services Labor and Employment Security in the performance of

  7  its powers and duties under this chapter.

  8         Section 45.  Effective January 1, 2001, all powers,

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

10  unexpended balances of appropriations, allocations, and other

11  funds of the Unemployment Appeals Commission relating to the

12  commission's specified authority, powers, duties, and

13  responsibilities are transferred by a type two transfer, as

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

15  Department of Management Services.

16         Section 46.  Effective January 1, 2001, subsections

17  (12), (15), and (22) of section 443.036, Florida Statutes, are

18  amended to read:

19         443.036  Definitions.--As used in this chapter, unless

20  the context clearly requires otherwise:

21         (12)  COMMISSION.--"Commission" means the Unemployment

22  Appeals Commission of the Department of Labor and Employment

23  Security.

24         (15)  AGENCY DIVISION.--"Agency" "Division" means the

25  Agency for Workforce Innovation Division of Unemployment

26  Compensation of the Department of Labor and Employment

27  Security.

28         (22)  EMPLOYMENT OFFICE.--"Employment office" means a

29  free public employment office or branch thereof operated by

30  this or any other state, or a duly authorized agent thereof,

31  as a part of a state-controlled system of public employment

                                  62

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  offices or by a federal agency charged with the administration

  2  of an unemployment compensation program or free public

  3  employment offices.

  4         Section 47.  Subsection (1) of section 443.091, Florida

  5  Statutes, is amended to read:

  6         443.091  Benefit eligibility conditions.--

  7         (1)  An unemployed individual shall be eligible to

  8  receive benefits with respect to any week only if the agency

  9  division finds that:

10         (a)  She or he has made a claim for benefits with

11  respect to such week in accordance with such rules as the

12  division may prescribe.

13         (b)  She or he has registered for work at, and

14  thereafter continued to report as instructed by at, the agency

15  division, which shall be responsible for notification of the

16  Division of Jobs and Benefits in accordance with such rules as

17  the agency division may prescribe; except that the agency

18  division may, by rule not inconsistent with the purposes of

19  this law, waive or alter either or both of the requirements of

20  this subsection as to individuals attached to regular jobs;

21  but no such rule shall conflict with s. 443.111(1).

22         (c)1.  She or he is able to work and is available for

23  work. In order to assess eligibility for a claimed week of

24  unemployment, the division shall develop criteria to determine

25  a claimant's ability to work and availability for work.

26         2.  Notwithstanding any other provisions in this

27  section, no otherwise eligible individual shall be denied

28  benefits for any week because she or he is in training with

29  the approval of the division, nor shall such individual be

30  denied benefits with respect to any week in which she or he is

31  in training with the approval of the division by reason of the

                                  63

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  application of provisions in subparagraph 1. relating to

  2  availability for work, or the provisions of s. 443.101(2)

  3  relating to failure to apply for, or refusal to accept,

  4  suitable work. Training may be approved by the division in

  5  accordance with criteria prescribed by rule. A claimant's

  6  eligibility during approved training is contingent upon

  7  satisfying eligibility conditions prescribed by rule.

  8         3.  Notwithstanding any other provision of this

  9  chapter, an individual who is in training approved under s.

10  236(a)(1) of the Trade Act of 1974, as amended, may not be

11  determined to be ineligible or disqualified for benefits with

12  respect to her or his enrollment in such training or because

13  of leaving work which is not suitable employment to enter such

14  training.  For the purposes of this subparagraph, the term

15  "suitable employment" means, with respect to a worker, work of

16  a substantially equal or higher skill level than the worker's

17  past adversely affected employment, as defined for purposes of

18  the Trade Act of 1974, as amended, the wages for which are not

19  less than 80 percent of the worker's average weekly wage as

20  determined for purposes of the Trade Act of 1974, as amended.

21         4.  Notwithstanding any other provision of this

22  section, an otherwise eligible individual shall not be denied

23  benefits for any week by reason of the application of

24  subparagraph 1. because she or he is before any court of the

25  United States or any state pursuant to a lawfully issued

26  summons to appear for jury duty.

27         (d)  She or he participates in reemployment services,

28  such as job search assistance services, whenever the

29  individual has been determined, pursuant to a profiling system

30  established by rule of the division, to be likely to exhaust

31  regular benefits and to be in need of reemployment services.

                                  64

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (e)  She or he has been unemployed for a waiting period

  2  of 1 week. No week shall be counted as a week of unemployment

  3  for the purposes of this subsection:

  4         1.  Unless it occurs within the benefit year which

  5  includes the week with respect to which she or he claims

  6  payment of benefits.

  7         2.  If benefits have been paid with respect thereto.

  8         3.  Unless the individual was eligible for benefits

  9  with respect thereto as provided in this section and s.

10  443.101 except for the requirements of this subsection and of

11  s. 443.101(5).

12         (f)  She or he has been paid wages for insured work

13  equal to 1.5 times her or his high quarter wages during her or

14  his base period, except that an unemployed individual is not

15  eligible to receive benefits if the base period wages are less

16  than $3,400. As amended by this act, this paragraph applies

17  only to benefit years beginning on or after July 1, 1996.

18         Section 48.  Paragraph (a) of subsection (5) of section

19  443.131, Florida Statutes, is amended to read:

20         443.131  Contributions.--

21         (5)  FINANCING BENEFITS PAID TO EMPLOYEES OF THE STATE

22  AND POLITICAL SUBDIVISIONS OF THE STATE.--Benefits paid to

23  employees of this state or any instrumentality of this state,

24  or to employees of any political subdivision of this state or

25  any instrumentality thereof, based upon service defined in s.

26  443.036(21)(b), shall be financed in accordance with this

27  subsection.

28         (a)1.  Unless an election is made as provided in

29  paragraph (c), the state or any political subdivision of the

30  state shall pay into the Unemployment Compensation Trust Fund

31  an amount equivalent to the amount of regular benefits,

                                  65

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  short-time compensation benefits, and extended benefits paid

  2  to individuals, based on wages paid by the state or the

  3  political subdivision for service defined in s.

  4  443.036(21)(b).

  5         2.  Should any state agency become more than 120 days

  6  delinquent on reimbursements due to the Unemployment

  7  Compensation Trust Fund, the agency division shall certify to

  8  the Comptroller the amount due and the Comptroller shall

  9  transfer the amount due to the Unemployment Compensation Trust

10  Fund from the funds of such agency that may legally be used

11  for such purpose.  In the event any political subdivision of

12  the state or any instrumentality thereof becomes more than 120

13  days delinquent on reimbursements due to the Unemployment

14  Compensation Trust Fund, then, upon request by the agency

15  division after a hearing, the Department of Revenue or the

16  Department of Banking and Finance, as the case may be, shall

17  deduct the amount owed by the political subdivision or

18  instrumentality from any funds to be distributed by it to the

19  county, city, special district, or consolidated form of

20  government for further distribution to the trust fund in

21  accordance with this chapter. Should any employer for whom the

22  city or county tax collector collects taxes fail to make the

23  reimbursements to the Unemployment Compensation Trust Fund

24  required by this chapter, the tax collector after a hearing,

25  at the request of the division and upon receipt of a

26  certificate showing the amount owed by the employer, shall

27  deduct the amount so certified from any taxes collected for

28  the employer and remit same to the Agency for Workforce

29  Innovation Department of Labor and Employment Security for

30  further distribution to the trust fund in accordance with this

31  chapter. This subparagraph does not apply to those amounts due

                                  66

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  for benefits paid prior to October 1, 1979.  This subparagraph

  2  does not apply to amounts owed by a political subdivision for

  3  benefits erroneously paid where the claimant is required to

  4  repay to the agency division under s. 443.151(6)(a) or (b) any

  5  sum as benefits received.

  6         Section 49.  Effective January 1, 2001, paragraph (a)

  7  of subsection (4) and subsection (8) of section 443.151,

  8  Florida Statutes, are amended to read:

  9         443.151  Procedure concerning claims.--

10         (4)  APPEALS.--

11         (a)  Appeals referees.--The agency division shall

12  appoint one or more impartial salaried appeals referees

13  selected in accordance with s. 443.171(4) to hear and decide

14  appealed or disputed claims.  Such appeals referees shall have

15  such qualifications as may be established by the Department of

16  Management Services upon the advice and consent of the agency

17  division. No person shall participate on behalf of the agency

18  division as an appeals referee in any case in which she or he

19  is an interested party. The agency division may designate

20  alternates to serve in the absence or disqualification of any

21  appeals referee upon a temporary basis and pro hac vice which

22  alternate shall be possessed of the same qualifications

23  required of appeals referees. The Department of Management

24  Services and the agency division shall provide the commission

25  and the appeals referees with proper facilities and assistance

26  for the execution of their functions.

27         (8)  BILINGUAL REQUIREMENTS.--

28         (a)  Based on the estimated total number of households

29  in a county which speak the same non-English language, a

30  single-language minority, the agency division shall provide

31  printed bilingual instructional and educational materials in

                                  67

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  the appropriate language in those counties in which 5 percent

  2  or more of the households in the county are classified as a

  3  single-language minority.

  4         (b)  The agency division shall ensure that one-stop

  5  career centers jobs and benefits offices and appeals bureaus

  6  in counties subject to the requirements of paragraph (c)

  7  prominently post notices in the appropriate languages that

  8  translators are available in those centers offices and

  9  bureaus.

10         (c)  Single-language minority refers to households

11  which speak the same non-English language and which do not

12  contain an adult fluent in English. The agency division shall

13  develop estimates of the percentages of single-language

14  minority households for each county by using data made

15  available by the United States Bureau of the Census.

16         Section 50.  Effective January 1, 2001, subsections

17  (1), (5), and (7) of section 443.171, Florida Statutes, are

18  amended to read:

19         443.171  Agency Division and commission; powers and

20  duties; rules; advisory council; records and reports.--

21         (1)  POWERS AND DUTIES OF AGENCY DIVISION.--It shall be

22  the duty of the agency division to administer this chapter;

23  and it shall have power and authority to employ such persons,

24  make such expenditures, require such reports, make such

25  investigations, and take such other action as it deems

26  necessary or suitable to that end.  The agency division shall

27  determine its own organization and methods of procedure in

28  accordance with the provisions of this chapter. Not later than

29  March 15 of each year, the agency, in conjunction with the

30  Unemployment Appeals Commission division, through the

31  Department of Labor and Employment Security, shall submit to

                                  68

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  the Governor a report covering the administration and

  2  operation of this chapter during the preceding calendar year

  3  and shall make such recommendations for amendment to this

  4  chapter as it deems proper.

  5         (5)  UNEMPLOYMENT COMPENSATION ADVISORY COUNCIL.--There

  6  is created a state Unemployment Compensation Advisory Council

  7  to assist the agency division in reviewing the unemployment

  8  insurance program and to recommend improvements for such

  9  program.

10         (a)  The council shall consist of 18 members, including

11  equal numbers of employer representatives and employee

12  representatives who may fairly be regarded as representative

13  because of their vocations, employments, or affiliations, and

14  representatives of the general public.

15         (b)  The members of the council shall be appointed by

16  the director of the Agency for Workforce Innovation secretary

17  of the Department of Labor and Employment Security. Initially,

18  the secretary shall appoint five members for terms of 4 years,

19  five members for terms of 3 years, five members for terms of 2

20  years, and three members for terms of 1 year. Thereafter,

21  Members shall be appointed for 4-year terms.  A vacancy shall

22  be filled for the remainder of the unexpired term.

23         (c)  The council shall meet at the call of its chair,

24  at the request of a majority of its membership, at the request

25  of the division, or at such times as may be prescribed by its

26  rules, but not less than twice a year. The council shall make

27  a report of each meeting, which shall include a record of its

28  discussions and recommendations.  The division shall make such

29  reports available to any interested person or group.

30

31

                                  69

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (d)  Members of the council shall serve without

  2  compensation but shall be entitled to receive reimbursement

  3  for per diem and travel expenses as provided in s. 112.061.

  4         (7)  RECORDS AND REPORTS.--Each employing unit shall

  5  keep true and accurate work records, containing such

  6  information as the agency division may prescribe. Such records

  7  shall be open to inspection and be subject to being copied by

  8  the agency division at any reasonable time and as often as may

  9  be necessary. The agency division or an appeals referee may

10  require from any employing unit any sworn or unsworn reports,

11  with respect to persons employed by it, deemed necessary for

12  the effective administration of this chapter. However, a state

13  or local governmental agency performing intelligence or

14  counterintelligence functions need not report an employee if

15  the head of such agency has determined that reporting the

16  employee could endanger the safety of the employee or

17  compromise an ongoing investigation or intelligence mission.

18  Information revealing the employing unit's or individual's

19  identity thus obtained from the employing unit or from any

20  individual pursuant to the administration of this chapter,

21  shall, except to the extent necessary for the proper

22  presentation of a claim or upon written authorization of the

23  claimant who has a workers' compensation claim pending, be

24  held confidential and exempt from the provisions of s.

25  119.07(1). Such information shall be available only to public

26  employees or their duly authorized agents in the performance

27  of their public duties, including employees of the Department

28  of Education in obtaining information for the Florida

29  Education and Training Placement Information Program and the

30  Office of Tourism, Trade, and Economic Development Department

31  of Commerce in its administration of the qualified defense

                                  70

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  contractor tax refund program authorized by s. 288.1045 s.

  2  288.104, the qualified target industry business tax refund

  3  program authorized by s. 288.106. Any claimant, or the

  4  claimant's legal representative, at a hearing before an

  5  appeals referee or the commission shall be supplied with

  6  information from such records to the extent necessary for the

  7  proper presentation of her or his claim. Any employee or

  8  member of the commission or any employee of the agency

  9  division, or any other person receiving confidential

10  information, who violates any provision of this subsection is

11  guilty of a misdemeanor of the second degree, punishable as

12  provided in s. 775.082 or s. 775.083. However, the agency

13  division may furnish to any employer copies of any report

14  previously submitted by such employer, upon the request of

15  such employer, and the agency division is authorized to charge

16  therefor such reasonable fee as the agency division may by

17  rule prescribe not to exceed the actual reasonable cost of the

18  preparation of such copies. Fees received by the agency

19  division for copies provided under this subsection shall be

20  deposited to the credit of the Employment Security

21  Administration Trust Fund.

22         Section 51.  Subsection (1) of section 443.1715,

23  Florida Statutes, is amended to read:

24         443.1715  Disclosure of information; confidentiality.--

25         (1)  RECORDS AND REPORTS.--Information revealing the

26  employing unit's or individual's identity obtained from the

27  employing unit or from any individual pursuant to the

28  administration of this chapter, and any determination

29  revealing such information, must, except to the extent

30  necessary for the proper presentation of a claim or upon

31  written authorization of the claimant who has a workers'

                                  71

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  compensation claim pending, be held confidential and exempt

  2  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

  3  the State Constitution. Such information may be made available

  4  only to public employees or their duly authorized agents in

  5  the performance of their public duties, including employees of

  6  the Department of Education in obtaining information for the

  7  Florida Education and Training Placement Information Program

  8  and the Office of Tourism, Trade, and Economic Development

  9  Department of Commerce in its administration of the qualified

10  defense contractor tax refund program authorized by s.

11  288.104. Except as otherwise provided by law, public employees

12  receiving such information must retain the confidentiality of

13  such information. Any claimant, or the claimant's legal

14  representative, at a hearing before an appeals referee or the

15  commission shall be supplied with information from such

16  records to the extent necessary for the proper presentation of

17  her or his claim. Any employee or member of the commission or

18  any employee of the agency division, or any other person

19  receiving confidential information, who violates any provision

20  of this subsection commits a misdemeanor of the second degree,

21  punishable as provided in s. 775.082 or s. 775.083. However,

22  the agency division may furnish to any employer copies of any

23  report previously submitted by such employer, upon the request

24  of such employer, and may furnish to any claimant copies of

25  any report previously submitted by such claimant, upon the

26  request of such claimant, and the agency division is

27  authorized to charge therefor such reasonable fee as the

28  agency division may by rule prescribe not to exceed the actual

29  reasonable cost of the preparation of such copies. Fees

30  received by the agency division for copies as provided in this

31

                                  72

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  subsection must be deposited to the credit of the Employment

  2  Security Administration Trust Fund.

  3         Section 52.  Subsections (1), (2), (4), (6), (7), and

  4  (8) of section 443.1716, Florida Statutes, are amended to

  5  read:

  6         443.1716  Authorized electronic access to employer

  7  information.--

  8         (1)  Notwithstanding any other provisions of this

  9  chapter, the Agency for Workforce Innovation may Department of

10  Labor and Employment Security shall contract with one or more

11  consumer-reporting agencies to provide creditors with secured

12  electronic access to employer-provided information relating to

13  the quarterly wages report submitted in accordance with the

14  state's unemployment compensation law. Such access is limited

15  to the wage reports for the preceding 16 calendar quarters.

16         (2)  Creditors must obtain written consent from the

17  credit applicant. Any such written consent from the credit

18  applicant must be signed and must include the following:

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

20  employment history information will be released to a

21  consumer-reporting agency.;

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

23  purpose of reviewing a specific application for credit made by

24  the individual.;

25         (c)  Notice that the files of the Agency for Workforce

26  Innovation Department of Labor and Employment Security

27  containing wage and employment history information submitted

28  by the individual or his or her employers may be accessed.;

29  and

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

31  released information.

                                  73

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (e)  Notice that the wage information that was supplied

  2  to the creditor must be provided, upon request, to the credit

  3  applicant at no cost.

  4         (f)  Notice that the consent to disclose is voluntary

  5  and not required by law and that refusal to consent to

  6  disclosure of state wage and employment information shall not

  7  be a basis for denial of credit.

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

  9  violate any provision of this section, the Agency for

10  Workforce Innovation Department of Labor and Employment

11  Security shall, upon 30 days' written notice to the

12  consumer-reporting agency, terminate the contract established

13  between the Agency for Workforce Innovation department and the

14  consumer-reporting agency resulting from this section.

15         (6)  The Agency for Workforce Innovation Department of

16  Labor and Employment Security shall establish minimum audit,

17  security, net-worth, and liability-insurance standards,

18  technical requirements, and any other terms and conditions

19  considered necessary in the discretion of the state agency to

20  safeguard the confidentiality of the information released

21  under this section and to otherwise serve the public interest.

22  The Agency for Workforce Innovation Department of Labor and

23  Employment Security shall also include, in coordination with

24  any necessary state agencies, necessary audit procedures to

25  ensure that these terms and conditions rules are followed.

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

27  agencies under this section, any revenues generated by such

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

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

30  regulations, any additional revenues generated by the Agency

31  for Workforce Innovation department or the state under this

                                  74

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  section must be paid into the agency's department's trust fund

  2  for the administration of the unemployment compensation

  3  system.

  4         (8)  The Agency for Workforce Innovation department may

  5  not provide wage and employment history information to any

  6  consumer-reporting agency before the consumer-reporting agency

  7  or agencies under contract with the Agency for Workforce

  8  Innovation department pay all development and other startup

  9  costs incurred by the state in connection with the design,

10  installation, and administration of technological systems and

11  procedures for the electronic-access program.

12         Section 53.  Effective January 1, 2001, subsections (1)

13  and (2) of section 443.211, Florida Statutes, are amended to

14  read:

15         443.211  Employment Security Administration Trust Fund;

16  appropriation; reimbursement.--

17         (1)  EMPLOYMENT SECURITY ADMINISTRATION TRUST

18  FUND.--There is created in the State Treasury a special fund

19  to be known as the "Employment Security Administration Trust

20  Fund."  All moneys that are deposited into this fund remain

21  continuously available to the division for expenditure in

22  accordance with the provisions of this chapter and do not

23  lapse at any time and may not be transferred to any other

24  fund.  All moneys in this fund which are received from the

25  Federal Government or any agency thereof or which are

26  appropriated by this state for the purposes described in ss.

27  443.171 and 443.181, except money received under s.

28  443.191(5)(c), must be expended solely for the purposes and in

29  the amounts found necessary by the authorized cooperating

30  federal agencies for the proper and efficient administration

31  of this chapter. The fund shall consist of all moneys

                                  75

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  appropriated by this state; all moneys received from the

  2  United States or any agency thereof; all moneys received from

  3  any other source for such purpose; any moneys received from

  4  any agency of the United States or any other state as

  5  compensation for services or facilities supplied to such

  6  agency; any amounts received pursuant to any surety bond or

  7  insurance policy or from other sources for losses sustained by

  8  the Employment Security Administration Trust Fund or by reason

  9  of damage to equipment or supplies purchased from moneys in

10  such fund; and any proceeds realized from the sale or

11  disposition of any such equipment or supplies which may no

12  longer be necessary for the proper administration of this

13  chapter. Notwithstanding any provision of this section, all

14  money requisitioned and deposited in this fund under s.

15  443.191(5)(c) remains part of the Unemployment Compensation

16  Trust Fund and must be used only in accordance with the

17  conditions specified in s. 443.191(5).  All moneys in this

18  fund must be deposited, administered, and disbursed in the

19  same manner and under the same conditions and requirements as

20  is provided by law for other special funds in the State

21  Treasury.  Such moneys must be secured by the depositary in

22  which they are held to the same extent and in the same manner

23  as required by the general depositary law of the state, and

24  collateral pledged must be maintained in a separate custody

25  account. All payments from the Employment Security

26  Administration Trust Fund must be approved by the agency, the

27  commission, division, or by a duly authorized agent and must

28  be made by the Treasurer upon warrants issued by the

29  Comptroller.  Any balances in this fund do not lapse at any

30  time and must remain continuously available to the division

31  for expenditure consistent with this chapter.

                                  76

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (2)  SPECIAL EMPLOYMENT SECURITY ADMINISTRATION TRUST

  2  FUND.--There is created in the State Treasury a special fund,

  3  to be known as the "Special Employment Security Administration

  4  Trust Fund," into which shall be deposited or transferred all

  5  interest on contributions, penalties, and fines or fees

  6  collected under this chapter.  Interest on contributions,

  7  penalties, and fines or fees deposited during any calendar

  8  quarter in the clearing account in the Unemployment

  9  Compensation Trust Fund shall, as soon as practicable after

10  the close of such calendar quarter and upon certification of

11  the agency division, be transferred to the Special Employment

12  Security Administration Trust Fund.  However, there shall be

13  withheld from any such transfer the amount certified by the

14  agency division to be required under this chapter to pay

15  refunds of interest on contributions, penalties, and fines or

16  fees collected and erroneously deposited into the clearing

17  account in the Unemployment Compensation Trust Fund.  Such

18  amounts of interest and penalties so certified for transfer

19  shall be deemed to have been erroneously deposited in the

20  clearing account, and the transfer thereof to the Special

21  Employment Security Administration Trust Fund shall be deemed

22  to be a refund of such erroneous deposits. All moneys in this

23  fund shall be deposited, administered, and disbursed in the

24  same manner and under the same conditions and requirements as

25  are provided by law for other special funds in the State

26  Treasury. These moneys shall not be expended or be available

27  for expenditure in any manner which would permit their

28  substitution for, or permit a corresponding reduction in,

29  federal funds which would, in the absence of these moneys, be

30  available to finance expenditures for the administration of

31  the Unemployment Compensation Law.  But nothing in this

                                  77

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  section shall prevent these moneys from being used as a

  2  revolving fund to cover expenditures, necessary and proper

  3  under the law, for which federal funds have been duly

  4  requested but not yet received, subject to the charging of

  5  such expenditures against such funds when received.  The

  6  moneys in this fund, with the approval of the Executive Office

  7  of the Governor, shall be used by the Agency for Workforce

  8  Innovation and the Unemployment Appeals Commission, Division

  9  of Unemployment Compensation and the Division of Jobs and

10  Benefits for the payment of costs of administration which are

11  found not to have been properly and validly chargeable against

12  funds obtained from federal sources. All moneys in the Special

13  Employment Security Administration Trust Fund shall be

14  continuously available to the division for expenditure in

15  accordance with the provisions of this chapter and shall not

16  lapse at any time.  All payments from the Special Employment

17  Security Administration Trust Fund shall be approved by the

18  agency division or by a duly authorized agent thereof and

19  shall be made by the Treasurer upon warrants issued by the

20  Comptroller. The moneys in this fund are hereby specifically

21  made available to replace, as contemplated by subsection (3),

22  expenditures from the Employment Security Administration Trust

23  Fund, established by subsection (1), which have been found by

24  the Bureau of Employment Security, or other authorized federal

25  agency or authority, because of any action or contingency, to

26  have been lost or improperly expended.  The Treasurer shall be

27  liable on her or his official bond for the faithful

28  performance of her or his duties in connection with the

29  Special Employment Security Administration Trust Fund.

30         Section 54.  Subsection (3) of section 443.221, Florida

31  Statutes, is amended to read:

                                  78

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         443.221  Reciprocal arrangements.--

  2         (3)  The administration of this chapter and of other

  3  state and federal unemployment compensation and public

  4  employment service laws will be promoted by cooperation

  5  between this state and such other states and the appropriate

  6  federal agencies and therefore the agency division is

  7  authorized to enter into reciprocal arrangements with

  8  appropriate and duly authorized agencies of other states or

  9  the Federal Government or both in exchanging services,

10  determining and enforcing payment obligations, and making

11  available facilities and information.  The Agency for

12  Workforce Innovation is, Division of Unemployment Compensation

13  and Division of Jobs and Benefits are each, therefore,

14  authorized to make such investigations, secure and transmit

15  such information, make available such services and facilities,

16  and exercise such of the other powers provided herein with

17  respect to the administration of this chapter as deemed each

18  deems necessary or appropriate to facilitate the

19  administration of any such unemployment compensation or public

20  employment service law and, in like manner, to accept and

21  utilize information, services, and facilities made available

22  to this state by the agency charged with the administration of

23  any such other unemployment compensation or public employment

24  service law.

25         Section 55.  Paragraphs (b) and (c) of subsection (2),

26  subsection (3), paragraphs (b), (g), and (h) of subsection

27  (4), and paragraphs (b), (c), and (d) of subsection (6) of

28  section 443.231, Florida Statutes, are amended to read:

29         443.231  Florida Training Investment Program.--The

30  Florida Training Investment Program is designed to extend

31  additional benefit eligibility to dislocated workers

                                  79

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  throughout Florida who have lost their jobs, have limited

  2  marketable skills, and enroll in vocational training intended

  3  to lead to employment in a recognized occupation for which

  4  there is labor market demand. Pursuant thereto:

  5         (2)  DEFINITIONS.--As used in this section:

  6         (b)  "Authorized training" means training which meets

  7  the following criteria:

  8         1.  Claimant must possess the aptitude and skills that

  9  can be usefully supplemented by training.

10         2.  The labor market demands for the claimant's present

11  skills must be minimal.

12         3.  The training programs in vocational or technical

13  schools or classes must be designed to prepare the participant

14  for gainful employment in a recognized occupation. Authorized

15  training shall consist of a practical curriculum for

16  development of vocational, rather than avocational, skills.

17  The agency division may not approve as training programs,

18  educational or academic programs primarily intended to lead

19  toward a baccalaureate or higher degree. However, a basic

20  education program which is a prerequisite for skilled training

21  or other short-term, vocational-directed academic courses may

22  be approved.

23         4.  There must be reasonable expectations that the

24  claimant will be employable upon completion of the training in

25  the area of the state where the applicant expressed a

26  willingness to work.

27         5.  The training course or school must be approved by

28  the Department of Education or other official government

29  approving agency within the state where the training is being

30  conducted.

31

                                  80

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         6.  The agency division may approve training programs

  2  established under s. 302 of the Job Training Partnership Act

  3  for claimants who are dislocated workers.

  4         (c)  "Authorized training institution" means a

  5  vocational, technical, Job Training Partnership Act, or

  6  vocational-directed basic education program or training

  7  institution approved by the division to provide authorized

  8  training to individuals participating in the Florida Training

  9  Investment Program.

10         (3)  LIMITATIONS ON BENEFITS.--Applications will be

11  accepted and considered each fiscal year until all annual

12  funds have been obligated by the agency division, at which

13  point no further applications will be accepted or considered

14  until the following fiscal year. The total amount of benefits

15  payable statewide under this section shall not exceed $16.5

16  million per fiscal year.

17         (4)  ELIGIBILITY CRITERIA.--

18         (b)  The applicant must also:

19         1.  Complete such forms as required by the agency

20  division. The forms promulgated by the agency division are

21  exempt from the requirements of chapter 120.

22         2.  Attend all classes for each week of benefits

23  claimed. Absences from class shall result in the ineligibility

24  for benefits for the week in which the absence occurs unless

25  the authorized training institution excuses the absence for

26  good cause as determined by the authorized training

27  institution.

28         3.  Maintain satisfactory progress in the authorized

29  training program, as determined by the authorized training

30  institution.

31

                                  81

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         4.  Certify, on forms approved by the agency division,

  2  that the claimant attended all classes during the week of

  3  training being claimed or that the claimant was on an approved

  4  break. Upon request by the claimant, the authorized training

  5  institution shall certify attendance and performance. The

  6  claimant shall be responsible for timely furnishing the agency

  7  division with the required certifications.

  8         5.  Possess the qualifications or aptitude required to

  9  successfully complete the selected training program.

10         6.  Be a resident of Florida.

11         (g)  The training sought by an applicant relates to an

12  occupation or skill for which there are or are expected to be

13  in the immediate future reasonable opportunities for

14  employment in a labor market area of this state where the

15  applicant expresses an intention or willingness to seek work.

16  The training must also be planned and scheduled so as to lead

17  to the earliest feasible completion and readiness for

18  employment or reemployment.

19         (h)  That reasonable employment opportunities in

20  occupations for which the claimant is qualified either do not

21  exist or have been substantially diminished in the labor

22  market area making a change in occupation necessary for

23  reemployment in the labor market area. If the applicant has a

24  skill in an occupation with an average wage that is the same

25  or more that the average wage of the occupation from which the

26  applicant is displaced, that applicant will not be eligible

27  for benefits if there are reasonable employment opportunities

28  in the local labor market. The agency division may use labor

29  market projections, in conjunction with local job information

30  data, to make a determination of the existence of a reasonable

31  employment opportunity for an occupation.

                                  82

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (6)  PROCEDURE.--

  2         (b)  Upon approval of an application the agency

  3  division shall notify both the applicant and the training

  4  institution by mail of the applicant's status under this

  5  section and shall request the training institution to promptly

  6  notify the regular claims reporting office in writing if the

  7  participant's attendance or progress should become

  8  unsatisfactory.

  9         (c)  The agency division is required to notify

10  applicants of the determination of eligibility by mail at the

11  claimant's last known address. In addition to the initial

12  approval or denial of the applicant, the agency division shall

13  make any further determinations pursuant to s. 443.151(3) and

14  rules 38B-3.016 and 38B-3.017, Florida Administrative Code.

15         (d)  A determination or redetermination will become

16  final unless the claimant files by mail or in person at a

17  one-stop career center the local jobs and benefits office, an

18  appeal of a determination or redetermination within 20

19  calendar days after the mailing of the Notice of Determination

20  or Redetermination to the claimant's last known address, or if

21  such notice is not mailed, within 20 calendar days after the

22  date of delivery of such notice. Appeals by mail shall be

23  considered filed when postmarked by the United States Postal

24  Service.

25         Section 56.  Subsection (3) of section 447.02, Florida

26  Statutes, is amended to read:

27         447.02  Definitions.--The following terms, when used in

28  this chapter, shall have the meanings ascribed to them in this

29  section:

30         (3)  The term "department" "division" means the

31  Division of Jobs and Benefits of the Bureau of Workplace

                                  83

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  Regulation of the Division of Workers' Compensation of the

  2  Department of Insurance Labor and Employment Security.

  3         Section 57.  Subsections (2), (3), and (4) of section

  4  447.04, Florida Statutes, are amended to read:

  5         447.04  Business agents; licenses, permits.--

  6         (2)(a)  Every person desiring to act as a business

  7  agent in this state shall, before doing so, obtain a license

  8  or permit by filing an application under oath therefor with

  9  the Division of Jobs and Benefits of the department of Labor

10  and Employment Security, accompanied by a fee of $25 and a

11  full set of fingerprints of the applicant taken by a law

12  enforcement agency qualified to take fingerprints.  There

13  shall accompany the application a statement signed by the

14  president and the secretary of the labor organization for

15  which he or she proposes to act as agent, showing his or her

16  authority to do so. The department division shall hold such

17  application on file for a period of 30 days, during which time

18  any person may file objections to the issuing of such license

19  or permit.

20         (b)  The department division may also conduct an

21  independent investigation of the applicant; and, if objections

22  are filed, it may hold, or cause to be held, a hearing in

23  accordance with the requirements of chapter 120.  The

24  objectors and the applicant shall be permitted to attend such

25  hearing and present evidence.

26         (3)  After the expiration of the 30-day period,

27  regardless of whether or not any objections have been filed,

28  the department division shall review the application, together

29  with all information that it may have, including, but not

30  limited to, any objections that may have been filed to such

31  application, any information that may have been obtained

                                  84

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  pursuant to an independent investigation, and the results of

  2  any hearing on the application. If the department division,

  3  from a review of the information, finds that the applicant is

  4  qualified, pursuant to the terms of this chapter, it shall

  5  issue such license or permit; and such license or permit shall

  6  run for the calendar year for which issued, unless sooner

  7  surrendered, suspended, or revoked.

  8         (4)  Licenses and permits shall expire at midnight,

  9  December 31, but may be renewed by the department division on

10  a form prescribed by it; however, if any such license or

11  permit has been surrendered, suspended, or revoked during the

12  year, then such applicant must go through the same formalities

13  as a new applicant.

14         Section 58.  Section 447.041, Florida Statutes, is

15  amended to read:

16         447.041  Hearings.--

17         (1)  Any person or labor organization denied a license,

18  permit, or registration shall be afforded the opportunity for

19  a hearing by the department division in accordance with the

20  requirements of chapter 120.

21         (2)  The department division may, pursuant to the

22  requirements of chapter 120, suspend or revoke the license or

23  permit of any business agent or the registration of any labor

24  organization for the violation of any provision of this

25  chapter.

26         Section 59.  Section 447.045, Florida Statutes, is

27  amended to read:

28         447.045  Information confidential.--Neither the

29  department division nor any investigator or employee of the

30  department division shall divulge in any manner the

31  information obtained pursuant to the processing of applicant

                                  85

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  fingerprint cards, and such information is confidential and

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

  3         Section 60.  Section 447.06, Florida Statutes, is

  4  amended to read:

  5         447.06  Registration of labor organizations required.--

  6         (1)  Every labor organization operating in the state

  7  shall make a report under oath, in writing, to the Division of

  8  Jobs and Benefits of the department of Labor and Employment

  9  Security annually, on or before December 31. Such report shall

10  be filed by the secretary or business agent of such labor

11  organization, shall be in such form as the department

12  prescribes division may prescribe, and shall show the

13  following facts:

14         (a)  The name of the labor organization;

15         (b)  The location of its office; and

16         (c)  The name and address of the president, secretary,

17  treasurer, and business agent.

18         (2)  At the time of filing such report, it shall be the

19  duty of every such labor organization to pay the department

20  division an annual fee therefor in the sum of $1.

21         Section 61.  Section 447.12, Florida Statutes, is

22  amended to read:

23         447.12  Fees for registration.--All fees collected by

24  the Division of Jobs and Benefits of the department under this

25  part of Labor and Employment Security hereunder shall be paid

26  to the Treasurer and credited to the General Revenue Fund.

27         Section 62.  Section 447.16, Florida Statutes, is

28  amended to read:

29         447.16  Applicability of chapter when effective.--Any

30  labor business agent licensed on July 1, 1965, may renew such

31  license each year on forms provided by the Division of Jobs

                                  86

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  and Benefits of the department of Labor and Employment

  2  Security without submitting fingerprints so long as such

  3  license or permit has not expired or has not been surrendered,

  4  suspended, or revoked.  The fingerprinting requirements of

  5  this act shall become effective for a new applicant for a

  6  labor business agent license immediately upon this act

  7  becoming a law.

  8         Section 63.  Paragraph (a) of subsection (13) of

  9  section 447.203, Florida Statutes, is amended to read:

10         447.203  Definitions.--As used in this part:

11         (13)  "Professional employee" means:

12         (a)  Any employee engaged in work requiring advanced

13  knowledge in a field of science or learning customarily

14  acquired by a prolonged course of specialized intellectual

15  instruction and study in an institution of higher learning or

16  a hospital, as distinguished from a general academic

17  education, an apprenticeship, or training in the performance

18  of routine mental or physical processes and in any two or more

19  of the following categories:

20         1.  Work predominantly intellectual and varied in

21  character as opposed to routine mental, manual, mechanical, or

22  physical work;

23         2.  Work involving the consistent exercise of

24  discretion and judgment in its performance; and

25         3.  Work of such a character that the output produced

26  or the result accomplished cannot be standardized in relation

27  to a given period of time.; and

28         4.  Work requiring advanced knowledge in a field of

29  science or learning customarily acquired by a prolonged course

30  of specialized intellectual instruction and study in an

31  institution of higher learning or a hospital, as distinguished

                                  87

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  from a general academic education, an apprenticeship, or

  2  training in the performance of routine mental or physical

  3  processes.

  4         Section 64.  Effective October 1, 2000, subsections

  5  (1), (3), and (4) of section 447.205, Florida Statutes, are

  6  amended to read:

  7         447.205  Public Employees Relations Commission.--

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

  9  Management Services Labor and Employment Security the Public

10  Employees Relations Commission, hereinafter referred to as the

11  "commission."  The commission shall be composed of a chair and

12  two full-time members to be appointed by the Governor, subject

13  to confirmation by the Senate, from persons representative of

14  the public and known for their objective and independent

15  judgment, who shall not be employed by, or hold any commission

16  with, any governmental unit in the state or any employee

17  organization, as defined in this part, while in such office.

18  In no event shall more than one appointee be a person who, on

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

20  or has been, classified as a representative of employers; and

21  in no event shall more than one such appointee be a person

22  who, on account of previous vocation, employment, or

23  affiliation, is, or has been, classified as a representative

24  of employees or employee organizations.  The commissioners

25  shall devote full time to commission duties and shall not

26  engage in any other business, vocation, or employment while in

27  such office. Beginning January 1, 1980, the chair shall be

28  appointed for a term of 4 years, one commissioner for a term

29  of 1 year, and one commissioner for a term of 2 years.

30  Thereafter, Every term of office shall be for 4 years; and

31  each term of the office of chair shall commence on January 1

                                  88

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  of the second year following each regularly scheduled general

  2  election at which a Governor is elected to a full term of

  3  office.  In the event of a vacancy prior to the expiration of

  4  a term of office, an appointment shall be made for the

  5  unexpired term of that office. The chair shall be responsible

  6  for the administrative functions of the commission and shall

  7  have the authority to employ such personnel as may be

  8  necessary to carry out the provisions of this part.  Once

  9  appointed to the office of chair, the chair shall serve as

10  chair for the duration of the term of office of chair.

11  Nothing contained herein prohibits a chair or commissioner

12  from serving multiple terms.

13         (3)  The commission, in the performance of its powers

14  and duties under this part, shall not be subject to control,

15  supervision, or direction by the Department of Management

16  Services Labor and Employment Security.

17         (4)  The property, personnel, and appropriations

18  related to the commission's specified authority, powers,

19  duties, and responsibilities shall be provided to the

20  commission by the Department of Management Services Labor and

21  Employment Security.

22         Section 65.  Subsections (1) and (3) of section

23  447.208, Florida Statutes, are amended to read:

24         447.208  Procedure with respect to certain appeals

25  under s. 447.207.--

26         (1)  Any person filing an appeal, charge, or petition

27  pursuant to subsection (6), subsection (8), or subsection (9)

28  of s. 447.207 shall be entitled to a hearing pursuant to

29  subsections (4) and (5) of s. 447.503 and in accordance with

30  chapter 120; however, the hearing shall be conducted within 30

31  days of the filing of an appeal with the commission, unless an

                                  89

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  extension of time is granted by the commission for good cause

  2  or unless the basis for the appeal is an allegation of abuse

  3  or neglect under s. 415.1075, in which case the hearing by the

  4  Public Employees Relations Commission may not be held until

  5  the confirmed report of abuse or neglect has been upheld

  6  pursuant to the procedures for appeal in s. 415.1075.

  7  Discovery may be granted only upon a showing of extraordinary

  8  circumstances. A party requesting discovery shall demonstrate

  9  a substantial need for the information requested and an

10  inability to obtain relevant information by other means.  To

11  the extent that chapter 120 is inconsistent with these

12  provisions, the procedures contained in this section shall

13  govern.

14         (3)  With respect to career service appeal hearings

15  relating to demotions, suspensions, or dismissals pursuant to

16  the provisions of this section:

17         (a)  Upon a finding that just cause existed for the

18  demotion, suspension, or dismissal, the commission shall

19  affirm the demotion, suspension, or dismissal.

20         (b)  Upon a finding that just cause did not exist for

21  the demotion, suspension, or dismissal, the commission may

22  order the reinstatement of the employee, with or without back

23  pay.

24         (c)  Upon a finding that just cause for disciplinary

25  action existed, but did not justify the severity of the action

26  taken, the commission may, in its limited discretion, reduce

27  the penalty.

28         (d)  The commission is limited in its discretionary

29  reduction of dismissals and suspensions to consider only the

30  following circumstances:

31

                                  90

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         1.  The seriousness of the conduct as it relates to the

  2  employee's duties and responsibilities.

  3         2.  Action taken with respect to similar conduct by

  4  other employees.

  5         3.  The previous employment record and disciplinary

  6  record of the employee.

  7         4.  Extraordinary circumstances beyond the employee's

  8  control which temporarily diminished the employee's capacity

  9  to effectively perform his or her duties or which

10  substantially contributed to the violation for which

11  punishment is being considered.

12

13  The agency may present evidence to refute the existence of

14  these circumstances.

15         (e)  Any order of the commission issued pursuant to

16  this subsection may include back pay, if applicable, and an

17  amount, to be determined by the commission and paid by the

18  agency, for reasonable attorney's fees, witness fees, and

19  other out-of-pocket expenses incurred during the prosecution

20  of an appeal against an agency in which the commission

21  sustains the employee. In determining the amount of an

22  attorney's fee, the commission shall consider only the number

23  of hours reasonably spent on the appeal, comparing the number

24  of hours spent on similar Career Service System appeals and

25  the reasonable hourly rate charged in the geographic area for

26  similar appeals, but not including litigation over the amount

27  of the attorney's fee. This paragraph applies to future and

28  pending cases.

29         Section 66.  Subsection (4) of section 447.305, Florida

30  Statutes, is amended to read:

31         447.305  Registration of employee organization.--

                                  91

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (4)  Notification of registrations and renewals of

  2  registration shall be furnished at regular intervals by the

  3  commission to the Bureau of Workplace Regulation of the

  4  Division of Workers' Compensation Division of Jobs and

  5  Benefits of the Department of Insurance Labor and Employment

  6  Security.

  7         Section 67.  Paragraph (b) of subsection (3) of section

  8  447.307, Florida Statutes, is amended to read:

  9         447.307  Certification of employee organization.--

10         (3)

11         (b)  When an employee organization is selected by a

12  majority of the employees voting in an election, the

13  commission shall certify the employee organization as the

14  exclusive collective bargaining representative of all

15  employees in the unit. Certification is effective upon the

16  issuance of the final order by the commission or, if the final

17  order is appealed, at the time the appeal is exhausted or any

18  stay is vacated by the commission or the court. A party may

19  petition the commission, pursuant to its established

20  procedures, to modify an existing certification due to changed

21  circumstances, an inadvertent mistake by the commission in the

22  original bargaining unit description, or newly created or

23  deleted jobs, or to recognize a name change of the employee

24  organization.

25         Section 68.  Paragraph (a) of subsection (5) of section

26  447.503, Florida Statutes, is amended to read:

27         447.503  Charges of unfair labor practices.--It is the

28  intent of the Legislature that the commission act as

29  expeditiously as possible to settle disputes regarding alleged

30  unfair labor practices.  To this end, violations of the

31  provisions of s. 447.501 shall be remedied by the commission

                                  92

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  in accordance with the following procedures and in accordance

  2  with chapter 120; however, to the extent that chapter 120 is

  3  inconsistent with the provisions of this section, the

  4  procedures contained in this section shall govern:

  5         (5)  Whenever the proceeding involves a disputed issue

  6  of material fact and an evidentiary hearing is to be

  7  conducted:

  8         (a)  The commission shall issue and serve upon all

  9  parties a notice of hearing before an assigned hearing officer

10  at a time and place specified therein.  Such notice shall be

11  issued at least 14 days prior to the scheduled hearing. If a

12  party fails to appear for the hearing, the hearing officer

13  shall, after waiting a reasonable time, open the record, note

14  the nonappearance, and close the hearing. Thereafter, the

15  hearing may be reconvened only if the party establishes that

16  the failure to appear was due to circumstances beyond his or

17  her control.

18         Section 69.  Subsection (4) of section 447.504, Florida

19  Statutes, is amended to read:

20         447.504  Judicial review.--

21         (4)  The commencement of proceedings under this section

22  shall not, unless specifically ordered by the district court

23  of appeal, operate as a stay of the commission's order.

24  However, the commission may stay determination of the amount

25  of back pay, benefits, or attorney's fees until the court

26  decides the appeal.

27         Section 70.  Effective October 1, 2000, all powers,

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

29  unexpended balances of appropriations, allocations, and other

30  funds of the Public Employees Relations Commission relating to

31  the commission's specified authority, powers, duties, and

                                  93

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  responsibilities are transferred by a type two transfer, as

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

  3  of Management Services.

  4         Section 71.  Section 447.609, Florida Statutes, is

  5  repealed.

  6         Section 72.  Subsection (4) of section 450.012, Florida

  7  Statutes, is amended to read:

  8         450.012  Definitions.--For the purpose of this chapter,

  9  the word, phrase, or term:

10         (4)  "Department" "Division" means the Bureau of

11  Workplace Regulation of the Division of Workers' Compensation

12  Division of Jobs and Benefits of the Department of Insurance

13  Labor and Employment Security.

14         Section 73.  Subsection (3) of section 450.061, Florida

15  Statutes, is amended to read:

16         450.061  Hazardous occupations prohibited;

17  exemptions.--

18         (3)  No minor under 18 years of age, whether such

19  person's disabilities of nonage have been removed by marriage

20  or otherwise, shall be employed or permitted or suffered to

21  work in any place of employment or at any occupation hazardous

22  or injurious to the life, health, safety, or welfare of such

23  minor, as such places of employment or occupations may be

24  determined and declared by the Division of Jobs and Benefits

25  of the department of Labor and Employment Security to be

26  hazardous and injurious to the life, health, safety, or

27  welfare of such minor.

28         Section 74.  Paragraph (c) of subsection (5) of section

29  450.081, Florida Statutes, is amended to read:

30         450.081  Hours of work in certain occupations.--

31

                                  94

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (5)  The provisions of subsections (1) through (4)

  2  shall not apply to:

  3         (c)  Minors enrolled in a public educational

  4  institution who qualify on a hardship basis such as economic

  5  necessity or family emergency.  Such determination shall be

  6  made by the school superintendent or his or her designee, and

  7  a waiver of hours shall be issued to the minor and the

  8  employer. The form and contents thereof shall be prescribed by

  9  the department division.

10         Section 75.  Section 450.095, Florida Statutes, is

11  amended to read:

12         450.095  Waivers.--In extenuating circumstances when it

13  clearly appears to be in the best interest of the child, the

14  department division may grant a waiver of the restrictions

15  imposed by the Child Labor Law on the employment of a child.

16  Such waivers shall be granted upon a case-by-case basis and

17  shall be based upon such factors as the department division,

18  by rule, establishes as determinative of whether such waiver

19  is in the best interest of a child.

20         Section 76.  Subsections (1), (2), and (5) of section

21  450.121, Florida Statutes, are amended to read:

22         450.121  Enforcement of Child Labor Law.--

23         (1)  The department Division of Jobs and Benefits shall

24  administer this chapter.  It shall employ such help as is

25  necessary to effectuate the purposes of this chapter. Other

26  agencies of the state may cooperate with the department

27  division in the administration and enforcement of this part.

28  To accomplish this joint, cooperative effort, the department

29  division may enter into intergovernmental agreements with

30  other agencies of the state whereby the other agencies may

31  assist the department division in the administration and

                                  95

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  enforcement of this part.  Any action taken by an agency

  2  pursuant to an intergovernmental agreement entered into

  3  pursuant to this section shall be considered to have been

  4  taken by the department division.

  5         (2)  It is the duty of the department division and its

  6  agents and all sheriffs or other law enforcement officers of

  7  the state or of any municipality of the state to enforce the

  8  provisions of this law, to make complaints against persons

  9  violating its provisions, and to prosecute violations of the

10  same. The department division and its agents have authority to

11  enter and inspect at any time any place or establishment

12  covered by this law and to have access to age certificates

13  kept on file by the employer and such other records as may aid

14  in the enforcement of this law. A designated school

15  representative acting in accordance with s. 232.17 shall

16  report to the department division all violations of the Child

17  Labor Law that may come to his or her knowledge.

18         (5)  The department division may adopt rules:

19         (a)  Defining words, phrases, or terms used in the

20  child labor rule or in this part, as long as the word, phrase,

21  or term is not a word, phrase, or term defined in s. 450.012.

22         (b)  Prescribing additional documents that may be used

23  to prove the age of a minor and the procedure to be followed

24  before a person who claims his or her disability of nonage has

25  been removed by a court of competent jurisdiction may be

26  employed.

27         (c)  Requiring certain safety equipment and a safe

28  workplace environment for employees who are minors.

29         (d)  Prescribing the deadlines applicable to a response

30  to a request for records under subsection (2).

31

                                  96

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (e)  Providing an official address from which child

  2  labor forms, rules, laws, and posters may be requested and

  3  prescribing the forms to be used in connection with this part.

  4         Section 77.  Subsections (1), (2), (3), (4), and (5) of

  5  section 450.132, Florida Statutes, are amended to read:

  6         450.132  Employment of children by the entertainment

  7  industry; rules; procedures.--

  8         (1)  Children within the protection of our child labor

  9  statutes may, notwithstanding such statutes, be employed by

10  the entertainment industry in the production of motion

11  pictures, legitimate plays, television shows, still

12  photography, recording, publicity, musical and live

13  performances, circuses, and rodeos, in any work not determined

14  by the department Division of Jobs and Benefits to be

15  hazardous, or detrimental to their health, morals, education,

16  or welfare.

17         (2)  The department Division of Jobs and Benefits

18  shall, as soon as convenient, and after such investigation as

19  to the department division may seem necessary or advisable,

20  determine what work in connection with the entertainment

21  industry is not hazardous or detrimental to the health,

22  morals, education, or welfare of minors within the purview and

23  protection of our child labor laws. When so adopted, such

24  rules shall have the force and effect of law in this state.

25         (3)  Entertainment industry employers or agents wishing

26  to qualify for the employment of minors in work not hazardous

27  or detrimental to their health, morals, or education shall

28  make application to the department division for a permit

29  qualifying them to employ minors in the entertainment

30  industry. The form and contents thereof shall be prescribed by

31  the department division.

                                  97

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (4)  Any duly qualified entertainment industry employer

  2  may employ any minor.  However, if any entertainment industry

  3  employer employing a minor causes, permits, or suffers such

  4  minor to be placed under conditions which are dangerous to the

  5  life or limb or injurious or detrimental to the health or

  6  morals or education of the minor, the right of that

  7  entertainment industry employer and its representatives and

  8  agents to employ minors as provided herein shall stand

  9  revoked, unless otherwise ordered by the department division,

10  and the person responsible for such unlawful employment is

11  guilty of a misdemeanor of the second degree, punishable as

12  provided in s. 775.082 or s. 775.083.

13         (5)  Any entertainment industry employer and its agents

14  employing minors hereunder are required to notify the

15  department division, showing the date of the commencement of

16  work, the number of days worked, the location of the work, and

17  the date of termination.

18         Section 78.  Subsections (2) and (3) of section

19  450.141, Florida Statutes, are amended to read:

20         450.141  Employing minor children in violation of law;

21  penalties.--

22         (2)  Any person, firm, corporation, or governmental

23  agency, or agent thereof, that has employed minors in

24  violation of this part, or any rule adopted pursuant thereto,

25  may be subject by the department division to fines not to

26  exceed $2,500 per offense.  The department division shall

27  adopt, by rule, disciplinary guidelines specifying a

28  meaningful range of designated penalties based upon the

29  severity and repetition of the offenses, and which distinguish

30  minor violations from those which endanger a minor's health

31  and safety.

                                  98

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (3)  If the department division has reasonable grounds

  2  for believing there has been a violation of this part or any

  3  rule adopted pursuant thereto, it shall give written notice to

  4  the person alleged to be in violation.  Such notice shall

  5  include the provision or rule alleged to be violated, the

  6  facts alleged to constitute such violation, and requirements

  7  for remedial action within a time specified in the notice.  No

  8  fine may be levied unless the person alleged to be in

  9  violation fails to take remedial action within the time

10  specified in the notice.

11         Section 79.  Paragraph (j) of subsection (1) of section

12  450.191, Florida Statutes, is amended to read:

13         450.191  Executive Office of the Governor; powers and

14  duties.--

15         (1)  The Executive Office of the Governor is authorized

16  and directed to:

17         (j)  Cooperate with the regional workforce boards and

18  one-stop career centers farm labor office of the Florida State

19  Employment Service in the recruitment and referral of migrant

20  laborers and other persons for the planting, cultivation, and

21  harvesting of agricultural crops in Florida.

22         Section 80.  Subsection (2) of section 450.28, Florida

23  Statutes, is amended to read:

24         450.28  Definitions.--

25         (2)  "Department" "Division" means the Bureau of

26  Workplace Regulation of the Division of Workers' Compensation

27  Jobs and Benefits of the Department of Insurance Labor and

28  Employment Security.

29         Section 81.  Section 450.30, Florida Statutes, is

30  amended to read:

31

                                  99

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         450.30  Requirement of certificate of registration;

  2  education and examination program.--

  3         (1)  No person may act as a farm labor contractor until

  4  a certificate of registration has been issued to him or her by

  5  the department division and unless such certificate is in full

  6  force and effect and is in his or her possession.

  7         (2)  No certificate of registration may be transferred

  8  or assigned.

  9         (3)  Unless sooner revoked, each certificate of

10  registration, regardless of the date of issuance, shall be

11  renewed on the last day of the birth month following the date

12  of issuance and, thereafter, each year on the last day of the

13  birth month of the registrant. The date of incorporation shall

14  be used in lieu of birthdate for registrants that are

15  corporations. Applications for certificates of registration

16  and renewal thereof shall be on a form prescribed by the

17  department division.

18         (4)  The department division shall provide a program of

19  education and examination for applicants under this part.  The

20  program may be provided by the department division or through

21  a contracted agent.  The program shall be designed to ensure

22  the competency of those persons to whom the department

23  division issues certificates of registration.

24         (5)  The department division shall require each

25  applicant to demonstrate competence by a written or oral

26  examination in the language of the applicant, evidencing that

27  he or she is knowledgeable concerning the duties and

28  responsibilities of a farm labor contractor.  The examination

29  shall be prepared, administered, and evaluated by the

30  department division or through a contracted agent.

31

                                 100

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (6)  The department division shall require an applicant

  2  for renewal of a certificate of registration to retake the

  3  examination only if:

  4         (a)  During the prior certification period, the

  5  division issued a final order assessing a civil monetary

  6  penalty or revoked or refused to renew or issue a certificate

  7  of registration; or

  8         (b)  The department division determines that new

  9  requirements related to the duties and responsibilities of a

10  farm labor contractor necessitate a new examination.

11         (7)  The department division shall charge each

12  applicant a $35 fee for the education and examination program.

13  Such fees shall be deposited in the Crew Chief Registration

14  Trust Fund.

15         (8)  The department division may adopt rules

16  prescribing the procedures to be followed to register as a

17  farm labor contractor.

18         Section 82.  Subsections (1), (2), and (4) of section

19  450.31, Florida Statutes, are amended to read:

20         450.31  Issuance, revocation, and suspension of, and

21  refusal to issue or renew, certificate of registration.--

22         (1)  The department division shall not issue to any

23  person a certificate of registration as a farm labor

24  contractor, nor shall it renew such certificate, until:

25         (a)  Such person has executed a written application

26  therefor in a form and pursuant to regulations prescribed by

27  the department division and has submitted such information as

28  the department division may prescribe.

29         (b)  Such person has obtained and holds a valid federal

30  certificate of registration as a farm labor contractor, or a

31  farm labor contractor employee, unless exempt by federal law.

                                 101

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (c)  Such person pays to the department division, in

  2  cash, certified check, or money order, a nonrefundable

  3  application fee of $75. Fees collected by the department

  4  division under this subsection shall be deposited in the State

  5  Treasury into the Crew Chief Registration Trust Fund, which is

  6  hereby created, and shall be utilized for administration of

  7  this part.

  8         (d)  Such person has successfully taken and passed the

  9  farm labor contractor examination.

10         (2)  The department division may revoke, suspend, or

11  refuse to renew any certificate of registration when it is

12  shown that the farm labor contractor has:

13         (a)  Violated or failed to comply with any provision of

14  this part or the rules adopted pursuant to s. 450.36.

15         (b)  Made any misrepresentation or false statement in

16  his or her application for a certificate of registration.

17         (c)  Given false or misleading information concerning

18  terms, conditions, or existence of employment to persons who

19  are recruited or hired to work on a farm.

20         (4)  The department division may refuse to issue or

21  renew, or may suspend or revoke, a certificate of registration

22  if the applicant or holder is not the real party in interest

23  in the application or certificate of registration and the real

24  party in interest is a person who has been refused issuance or

25  renewal of a certificate, has had a certificate suspended or

26  revoked, or does not qualify under this section for a

27  certificate.

28         Section 83.  Subsections (1), (4), (5), (6), (8), (9),

29  and (10) of section 450.33, Florida Statutes, are amended to

30  read:

31

                                 102

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         450.33  Duties of farm labor contractor.--Every farm

  2  labor contractor must:

  3         (1)  Carry his or her certificate of registration with

  4  him or her at all times and exhibit it to all persons with

  5  whom the farm labor contractor intends to deal in his or her

  6  capacity as a farm labor contractor prior to so dealing and,

  7  upon request, to persons designated by the department

  8  division.

  9         (4)  Display prominently, at the site where the work is

10  to be performed and on all vehicles used by the registrant for

11  the transportation of employees, a single posting containing a

12  written statement in English and in the language of the

13  majority of the non-English-speaking employees disclosing the

14  terms and conditions of employment in a form prescribed by the

15  department division or by the United States Department of

16  Labor for this purpose.

17         (5)  Take out a policy of insurance with any insurance

18  carrier which policy insures such registrant against liability

19  for damage to persons or property arising out of the operation

20  or ownership of any vehicle or vehicles for the transportation

21  of individuals in connection with his or her business,

22  activities, or operations as a farm labor contractor.  In no

23  event may the amount of such liability insurance be less than

24  that required by the provisions of the financial

25  responsibility law of this state. Any insurance carrier that

26  is licensed to operate in this state and that has issued a

27  policy of liability insurance to operate a vehicle used to

28  transport farm workers shall notify the department division

29  when it intends to cancel such policy.

30         (6)  Maintain such records as may be designated by the

31  department division.

                                 103

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (8)  File, within such time as the department division

  2  may prescribe, a set of his or her fingerprints.

  3         (9)  Produce evidence to the department division that

  4  each vehicle he or she uses for the transportation of

  5  employees complies with the requirements and specifications

  6  established in chapter 316, s. 316.620, or Pub. L. No. 93-518

  7  as amended by Pub. L. No. 97-470 meeting Department of

  8  Transportation requirements or, in lieu thereof, bears a valid

  9  inspection sticker showing that the vehicle has passed the

10  inspection in the state in which the vehicle is registered.

11         (10)  Comply with all applicable statutes, rules, and

12  regulations of the United States and of the State of Florida

13  for the protection or benefit of labor, including, but not

14  limited to, those providing for wages, hours, fair labor

15  standards, social security, workers' compensation,

16  unemployment compensation, child labor, and transportation.

17  The department division shall not suspend or revoke a

18  certificate of registration pursuant to this subsection

19  unless:

20         (a)  A court or agency of competent jurisdiction

21  renders a judgment or other final decision that a violation of

22  one of the laws, rules, or regulations has occurred and, if

23  invoked, the appellate process is exhausted;

24         (b)  An administrative hearing pursuant to ss. 120.569

25  and 120.57 is held on the suspension or revocation and the

26  administrative law judge finds that a violation of one of the

27  laws, rules, or regulations has occurred and, if invoked, the

28  appellate process is exhausted; or

29         (c)  The holder of a certificate of registration

30  stipulates that a violation has occurred or defaults in the

31

                                 104

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  administrative proceedings brought to suspend or revoke his or

  2  her registration.

  3         Section 84.  Section 450.35, Florida Statutes, is

  4  amended to read:

  5         450.35  Certain contracts prohibited.--It is unlawful

  6  for any person to contract for the employment of farm workers

  7  with any farm labor contractor as defined in this act until

  8  the labor contractor displays to him or her a current

  9  certificate of registration issued by the department division

10  pursuant to the requirements of this part.

11         Section 85.  Section 450.36, Florida Statutes, is

12  amended to read:

13         450.36  Rules and regulations.--The department division

14  may adopt rules necessary to enforce and administer this part.

15         Section 86.  Section 450.37, Florida Statutes, is

16  amended to read:

17         450.37  Cooperation with federal agencies.--The

18  department division shall, whenever appropriate, cooperate

19  with any federal agency.

20         Section 87.  Subsections (2), (3), and (4) of section

21  450.38, Florida Statutes, are amended to read:

22         450.38  Enforcement of farm labor contractor laws.--

23         (2)  Any person who, on or after June 19, 1985, commits

24  a violation of this part or of any rule adopted thereunder may

25  be assessed a civil penalty of not more than $1,000 for each

26  such violation. Such assessed penalties shall be paid in cash,

27  certified check, or money order and shall be deposited into

28  the General Revenue Fund. The department division shall not

29  institute or maintain any administrative proceeding to assess

30  a civil penalty under this subsection when the violation is

31  the subject of a criminal indictment or information under this

                                 105

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  section which results in a criminal penalty being imposed, or

  2  of a criminal, civil, or administrative proceeding by the

  3  United States government or an agency thereof which results in

  4  a criminal or civil penalty being imposed. The department

  5  division may adopt rules prescribing the criteria to be used

  6  to determine the amount of the civil penalty and to provide

  7  notification to persons assessed a civil penalty under this

  8  section.

  9         (3)  Upon a complaint of the department division being

10  filed in the circuit court of the county in which the farm

11  labor contractor may be doing business, any farm labor

12  contractor who fails to obtain a certificate of registration

13  as required by this part may, in addition to such penalties,

14  be enjoined from engaging in any activity which requires the

15  farm labor contractor to possess a certificate of

16  registration.

17         (4)  For the purpose of any investigation or proceeding

18  conducted by the department division, the secretary of the

19  department or the secretary's designee shall have the power to

20  administer oaths, take depositions, make inspections when

21  authorized by statute, issue subpoenas which shall be

22  supported by affidavit, serve subpoenas and other process, and

23  compel the attendance of witnesses and the production of

24  books, papers, documents, and other evidence. The secretary of

25  the department or the secretary's designee shall exercise this

26  power on the secretary's own initiative.

27         Section 88.  (1)  In anticipation of its assumption of

28  responsibilities from the Department of Labor and Employment

29  Security relating to unemployment compensation, as provided in

30  this act, the Agency for Workforce Innovation shall prepare a

31  report with recommendations on the fiscal management of funds

                                 106

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  under the Unemployment Compensation Trust Fund and any other

  2  funds related to unemployment compensation activities

  3  conducted under state or federal law. The report shall

  4  include, but not be limited to, an analysis of options and

  5  recommendations for distributing unemployment compensation

  6  funds to units of state government with responsibilities under

  7  the unemployment compensation program and for allocating costs

  8  associated with such program and funds. The report and

  9  recommendations shall be submitted to the Governor, the

10  President of the Senate, the Speaker of the House of

11  Representatives, and members of the Labor and Employment

12  Security Transition Team by January 1, 2001.

13         (2)  The Department of Revenue shall conduct a

14  feasibility study regarding the privatization of unemployment

15  tax collection services or other functions of the state

16  related to unemployment compensation activities conducted

17  under state or federal law. The study findings and

18  recommendations shall be submitted in a report to the

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

20  House of Representatives by March 1, 2001.

21         (3)  This section shall take effect upon this act

22  becoming a law.

23         Section 89.  (1)  The Department of Labor and

24  Employment Security, in conjunction with the Department of

25  Management Services, may offer, subject to the provisions of

26  this section, active employees of the Department of Labor and

27  Employment Security who have 27 or more years of creditable

28  service in a state-administered retirement system, a one-time

29  voluntary reduction-in-force payment during the 2000-2001

30  fiscal year, not to exceed $20,000. However, for those

31  employees with 27 or more years but less than 30 years of

                                 107

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1  creditable service, the payment will be reduced by the amount

  2  required to be paid by the Department of labor and Employment

  3  Security to the Division of Retirement for reimbursement of

  4  the normal retirement contributions and any penalties. The

  5  length of the period upon which such reimbursement is paid

  6  shall not exceed 36 months.  The remaining balance of the

  7  reduction-in-force payment, after all required contributions

  8  are made to the Division of Retirement, will be paid to the

  9  employee.  Employees of the department within the Senior

10  Executive Service or the Senior Management Service are

11  eligible for the reduction-in-force payment; however, any

12  contribution by the department for such employees to the

13  Division of Retirement exceeding $20,000 shall be paid by such

14  employees. All employees who elect to retire under this

15  program must do so be September 30, 2000, with the exception

16  of employees of the Division of Vocational Rehabilitation and

17  the Division of Safety, who must retire by June 30, 2000.

18         (2)  The department, in consultation with the

19  Department of Management Services, shall prepare a plan to

20  implement the reduction-in-force payment authority for

21  approval by the Office of Policy and Budget.  The plan must

22  meet all applicable federal requirements regarding the

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

24  and all other federal and state laws regarding special

25  compensation to employees, including the Age Discrimination in

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

27  The plan must specify the savings created through the payment

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

29  funding of the payments, and delineate a timetable for

30  implementation.

31

                                 108

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         (3)  If approved by the Office of Policy and Budget,

  2  the plan shall be submitted to the Legislature subject to the

  3  notice, review, and objection process authorized in section

  4  216.177, Florida Statutes.

  5         (4)  This section shall take effect upon becoming a

  6  law.

  7         Section 90.  Notwithstanding any other provision of

  8  law, any binding contract or interagency agreement existing on

  9  or before January 1, 2001, between the Department of Labor and

10  Employment Security, or an entity or agent of the department,

11  and any other agency, entity, or person shall continue as a

12  binding contract or agreement for the remainder of the term of

13  such contract or agreement with the successor department,

14  agency, or entity responsible for the program, activity, or

15  functions relative to the contract or agreement.

16         Section 91.  This act does not affect the validity of

17  any judicial or administrative proceeding involving the

18  Department of Labor and Employment Security which is pending

19  as of the effective date of any transfer under this act. The

20  successor department, agency, or entity responsible for the

21  program, activity, or function relative to the proceeding

22  shall be substituted, as of the effective date of the

23  applicable transfer under this act, for the Department of

24  Labor and Employment Security as a party in interest in any

25  such proceedings.

26         Section 92.  If any provision of this act or its

27  application to any person or circumstance is held invalid, the

28  invalidity does not affect other provisions or applications of

29  the act which can be given effect without the invalid

30  provision or application, and to this end the provisions of

31  this act are severable.

                                 109

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2357

    612-191-00






  1         Section 93.  Except as otherwise provided herein, this

  2  act shall take effect July 1, 2000.

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                 110