Senate Bill sb1410

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1410

    By Senator Posey





    15-1069-01                                          See HB 501

  1                      A bill to be entitled

  2         An act relating to abolishment of boards,

  3         commissions, councils, and other entities;

  4         repealing s. 14.203, F.S., to abolish the State

  5         Council on Competitive Government; repealing s.

  6         24.106, F.S., to abolish the State Lottery

  7         Commission; repealing s. 24.103(3), F.S., to

  8         delete the definition of "commission," to

  9         conform; amending ss. 24.105, 24.108, 24.123,

10         F.S.; deleting references to the State Lottery

11         Commission, to conform; repealing ss. 121.22,

12         121.23, 121.231, 121.24, F.S., to abolish the

13         State Retirement Commission and delete

14         provisions relating to its duties; amending ss.

15         121.0515, 121.091, F.S.; transferring to the

16         Department of Management Services duties of the

17         State Retirement Commission and revising cross

18         references, to conform; repealing s. 228.054,

19         F.S., to abolish the Joint Developmental

20         Research School Planning, Articulation, and

21         Evaluation Committee; amending s. 228.053,

22         F.S.; transferring to the Commissioner of

23         Education duties of the Joint Developmental

24         Research School Planning, Articulation, and

25         Evaluation Committee relating to the securing

26         of waivers to the Florida School Code, to

27         conform; amending s. 228.2001, F.S.; deleting

28         provisions authorizing the Task Force on Gender

29         Equity in Education; amending s. 230.2305,

30         F.S., and repealing subsection (7), relating to

31         district interagency coordinating councils on

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         early childhood services, to abolish the

  2         councils and delete provisions relating to

  3         their duties; transferring to the Department of

  4         Education duties of the district interagency

  5         coordinating councils, to conform; amending ss.

  6         230.2303, 230.2306, 402.3015, 409.178, 411.01,

  7         F.S.; deleting provisions relating to duties of

  8         the interagency coordinating councils on early

  9         childhood services, to conform; repealing s.

10         232.2466(3), F.S., to delete authority for the

11         college-ready diploma program task forces;

12         repealing s. 255.565, F.S., to abolish the

13         Asbestos Oversight Program Team; amending ss.

14         255.553, 255.556, 255.563, F.S.; removing

15         references to the Asbestos Oversight Program

16         Team, to conform; repealing s. 272.12(2)-(6),

17         F.S., to abolish the Capitol Center Planning

18         Commission and delete provisions relating to

19         its duties; amending ss. 272.121, 295.184,

20         F.S.; removing and revising references to the

21         Capitol Center Planning Commission, to conform;

22         transferring duties of the Capitol Center

23         Planning Commission to the City of Tallahassee

24         and the Department of Management Services;

25         providing for current owners' permits within

26         the Capitol Center Planning District to

27         continue; repealing s. 282.3095, F.S., to

28         abolish the Task Force on Privacy and

29         Technology created by the State Technology

30         Office; repealing s. 285.19, F.S., to abolish

31         the Creek Indian Council; repealing s. 286.30,

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         F.S., to abolish the Commission on Government

  2         Accountability to the People; amending s.

  3         216.235, F.S.; providing for appointment of a

  4         member to the State Innovation Committee by the

  5         Governor in lieu of the Commission on

  6         Government Accountability to the People, to

  7         conform; repealing s. 391.222, F.S., to abolish

  8         the Cardiac Advisory Council; repealing s.

  9         392.69(4), F.S., to abolish the A. G. Holley

10         State Hospital advisory board under the

11         Department of Health; amending s. 402.40, F.S.;

12         deleting an obsolete reference to the Child

13         Welfare Training Council; repealing s.

14         404.056(2), F.S., to abolish the Florida

15         Coordinating Council on Radon Protection;

16         repealing s. 430.05, F.S., to abolish the

17         Department of Elderly Affairs Advisory Council;

18         repealing s. 440.4416, F.S., to abolish the

19         Workers' Compensation Oversight Board; amending

20         s. 440.345, F.S.; deleting reference to the

21         Workers' Compensation Oversight Board, to

22         conform; amending s. 440.49, F.S., and

23         repealing subsections (13) and (14), relating

24         to the Special Disability Trust Fund

25         Privatization Commission and the Florida

26         Special Disability Trust Fund Financing

27         Corporation, to abolish the commission and

28         corporation and delete or revise references

29         thereto; abolishing the advisory committee on

30         conservation of the fund; repealing s. 442.105,

31         F.S., to abolish the Toxic Substances Advisory

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         Council; repealing ss. 499.005(26),

  2         499.05(1)(c), F.S., to delete obsolete

  3         references to the Florida Drug Technical Review

  4         Panel and the investigational drug program;

  5         amending s. 499.015, F.S.; deleting an obsolete

  6         reference to the investigational drug program;

  7         repealing s. 548.045, F.S., to abolish the

  8         Medical Advisory Council under the Florida

  9         State Boxing Commission; amending s. 548.046,

10         F.S.; deleting reference to the Medical

11         Advisory Council, to conform; repealing s.

12         580.151, F.S., to abolish the Commercial Feed

13         Technical Council; repealing s. 570.248, F.S.,

14         to abolish the Agricultural Economic

15         Development Project Review Committee; repealing

16         s. 13, ch. 99-332, Laws of Florida, to abolish

17         the Task Force on Home Health Services

18         Licensure Provisions; repealing s. 11, ch.

19         99-354, Laws of Florida, to abolish the

20         Information Service Technology Development Task

21         Force; repealing s. 240.5186(11), F.S.,

22         relating to authority of the Institute on Urban

23         Policy and Commerce to subcontract with the

24         Information Service Technology Development Task

25         Force for assistance under the Community

26         High-Technology Investment Partnership (CHIP)

27         program, to conform; repealing s. 6, ch.

28         99-393, Laws of Florida, to abolish the

29         advisory group on the submission and payment of

30         health claims established by the Director of

31         the Agency for Health Care Administration;

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         repealing s. 192, ch. 99-397, Laws of Florida,

  2         to abolish the task force established to review

  3         funding sources of the Public Medical

  4         Assistance Trust Fund; abolishing the Diversity

  5         Council and the State Customer Advisory Council

  6         under the Department of Labor and Employment

  7         Security; abolishing the Florida Business

  8         Partners for Prevention under the Department of

  9         Juvenile Justice; abolishing the State Agency

10         Law Enforcement Radio System Review Panel under

11         the Department of Management Services;

12         abolishing the Driver's Under the Influence

13         (DUI) Advisory Council and the Florida Rider

14         Training Program Citizen Motorcycle Safety

15         Council under the Department of Highway Safety

16         and Motor Vehicles; abolishing the Agriculture

17         and Livestock Fair Council, Bonifay State

18         Farmers Market Advisory Council, Florida City

19         State Farmers Market Advisory Committee, Fort

20         Myers State Farmers Market Advisory Council,

21         Fort Pierce State Farmers Market Advisory

22         Council, Gadsden County State Farmers Market

23         Advisory Council, Immokalee State Farmers

24         Market Advisory Council, Nitrate Bill Best

25         Management Practices Advisory Group, Palatka

26         State Farmers Market Advisory Council, Plant

27         City State Farmers Market Advisory Council,

28         Racing Quarter Horse Advisory Council, Sanford

29         State Farmers Market Advisory Council, Seed

30         Potato Advisory Council, Starke State Farmers

31         Market Advisory Council, Suwannee Valley State

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         Farmers Market Advisory Council, Trenton State

  2         Farmers Market Advisory Council, Tropical Soda

  3         Apple Task Force, and Wauchula State Farmers

  4         Market Advisory Council; providing an effective

  5         date.

  6

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

  8

  9         Section 1.  Section 14.203, Florida Statutes, is

10  repealed.

11         Section 2.  Subsection (3) of section 24.103, Florida

12  Statutes, and section 24.106, Florida Statutes, are repealed.

13         Section 3.  Section 24.105, Florida Statutes, is

14  amended to read:

15         24.105  Powers and duties of department.--The

16  department shall:

17         (1)  Have the authority to sue or be sued in the

18  corporate name of the department and to adopt a corporate seal

19  and symbol.

20         (2)  Supervise and administer the operation of the

21  lottery in accordance with the provisions of this act and

22  rules adopted pursuant thereto.

23         (3)  For purposes of any investigation or proceeding

24  conducted by the department, have the power to administer

25  oaths, require affidavits, take depositions, issue subpoenas,

26  and compel the attendance of witnesses and the production of

27  books, papers, documents, and other evidence.

28         (4)  Make available to the commission any record or

29  other information relating to the lottery that the commission

30  requests.

31

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         (4)(5)  Submit monthly and annual reports to the

  2  commission, the Governor, the Treasurer, the President of the

  3  Senate, and the Speaker of the House of Representatives

  4  disclosing the total lottery revenues, prize disbursements,

  5  and other expenses of the department during the preceding

  6  month.  The annual report shall additionally describe the

  7  organizational structure of the department, including its

  8  hierarchical structure, and shall identify the divisions and

  9  bureaus created by the secretary and summarize the

10  departmental functions performed by each.

11         (5)(6)  Adopt by rule a system of internal audits.

12         (6)(7)  Maintain weekly or more frequent records of

13  lottery transactions, including the distribution of tickets to

14  retailers, revenues received, claims for prizes, prizes paid,

15  and other financial transactions of the department.

16         (7)(8)  Make a continuing study of the lottery to

17  ascertain any defects of this act or rules adopted thereunder

18  which could result in abuses in the administration of the

19  lottery; make a continuing study of the operation and the

20  administration of similar laws in other states and of federal

21  laws which may affect the lottery; and make a continuing study

22  of the reaction of the public to existing and potential

23  features of the lottery.

24         (8)(9)  Conduct such market research as is necessary or

25  appropriate, which may include an analysis of the demographic

26  characteristics of the players of each lottery game and an

27  analysis of advertising, promotion, public relations,

28  incentives, and other aspects of communications.

29         (9)(10)  Adopt rules governing the establishment and

30  operation of the state lottery, including:

31

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         (a)  The type of lottery games to be conducted, except

  2  that:

  3         1.  No name of an elected official shall appear on the

  4  ticket or play slip of any lottery game or on any prize or on

  5  any instrument used for the payment of prizes, unless such

  6  prize is in the form of a state warrant.

  7         2.  No coins or currency shall be dispensed from any

  8  electronic computer terminal or device used in any lottery

  9  game.

10         3.  Other than as provided in subparagraph 4., no

11  terminal or device may be used for any lottery game which may

12  be operated solely by the player without the assistance of the

13  retailer.

14         4.  The only player-activated machine which may be

15  utilized is a machine which dispenses instant lottery game

16  tickets following the insertion of a coin or currency by a

17  ticket purchaser.  To be authorized a machine must: be under

18  the supervision and within the direct line of sight of the

19  lottery retailer to ensure that the machine is monitored and

20  only operated by persons at least 18 years of age; be capable

21  of being electronically deactivated by the retailer to

22  prohibit use by persons less than 18 years of age through the

23  use of a lockout device that maintains the machine's

24  deactivation for a period of no less than 5 minutes; and be

25  designed to prevent its use or conversion for use in any

26  manner other than the dispensing of instant lottery tickets.

27  Authorized machines may dispense change to players purchasing

28  tickets but may not be utilized for paying the holders of

29  winning tickets of any kind. At least one clerk must be on

30  duty at the lottery retailer while the machine is in

31

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  operation. However, at least two clerks must be on duty at any

  2  lottery location which has violated s. 24.1055.

  3         (b)  The sales price of tickets.

  4         (c)  The number and sizes of prizes.

  5         (d)  The method of selecting winning tickets.  However,

  6  if a lottery game involves a drawing, the drawing shall be

  7  public and witnessed by an accountant employed by an

  8  independent certified public accounting firm.  The equipment

  9  used in the drawing shall be inspected before and after the

10  drawing.

11         (e)  The manner of payment of prizes to holders of

12  winning tickets.

13         (f)  The frequency of drawings or selections of winning

14  tickets.

15         (g)  The number and type of locations at which tickets

16  may be purchased.

17         (h)  The method to be used in selling tickets.

18         (i)  The manner and amount of compensation of

19  retailers.

20         (j)  Such other matters necessary or desirable for the

21  efficient or economical operation of the lottery or for the

22  convenience of the public.

23         (10)(11)  Have the authority to hold copyrights,

24  trademarks, and service marks and enforce its rights with

25  respect thereto.

26         (11)(12)  In the selection of games and method of

27  selecting winning tickets, be sensitive to the impact of the

28  lottery upon the pari-mutuel industry and, accordingly, the

29  department may use for any game the theme of horseracing,

30  dogracing, or jai alai and may allow a lottery game to be

31  based upon a horserace, dograce, or jai alai activity so long

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  as the outcome of such lottery game is determined entirely by

  2  chance.

  3         (12)(13)(a)  Determine by rule information relating to

  4  the operation of the lottery which is confidential and exempt

  5  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

  6  the State Constitution.  Such information includes trade

  7  secrets; security measures, systems, or procedures; security

  8  reports; information concerning bids or other contractual

  9  data, the disclosure of which would impair the efforts of the

10  department to contract for goods or services on favorable

11  terms; employee personnel information unrelated to

12  compensation, duties, qualifications, or responsibilities; and

13  information obtained by the Division of Security pursuant to

14  its investigations which is otherwise confidential.  To be

15  deemed confidential, the information must be necessary to the

16  security and integrity of the lottery. Confidential

17  information may be released to other governmental entities as

18  needed in connection with the performance of their duties.

19  The receiving governmental entity shall retain the

20  confidentiality of such information as provided for in this

21  subsection.

22         (b)  Maintain the confidentiality of the street address

23  and the telephone number of a winner, in that such information

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

25  and s. 24(a), Art. I of the State Constitution, unless the

26  winner consents to the release of such information or as

27  provided for in s. 24.115(4) or s. 409.2577.

28         (c)  Any information made confidential and exempt from

29  the provisions of s. 119.07(1) under this subsection shall be

30  disclosed to a member of the commission, to the Auditor

31  General, or to the independent auditor selected under s.

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  24.123 upon such person's request therefor.  If the President

  2  of the Senate or the Speaker of the House of Representatives

  3  certifies that information made confidential under this

  4  subsection is necessary for effecting legislative changes, the

  5  requested information shall be disclosed to him or her, and he

  6  or she may disclose such information to members of the

  7  Legislature and legislative staff as necessary to effect such

  8  purpose.

  9         (13)(14)  Have the authority to perform any of the

10  functions of the Department of Management Services under

11  chapter 255, chapter 273, chapter 281, chapter 283, or chapter

12  287, or any rules adopted under any such chapter, and may

13  grant approvals provided for under any such chapter or rules.

14  If the department finds, by rule, that compliance with any

15  such chapter would impair or impede the effective or efficient

16  operation of the lottery, the department may adopt rules

17  providing alternative procurement procedures.  Such

18  alternative procedures shall be designed to allow the

19  department to evaluate competing proposals and select the

20  proposal that provides the greatest long-term benefit to the

21  state with respect to the quality of the products or services,

22  dependability and integrity of the vendor, dependability of

23  the vendor's products or services, security, competence,

24  timeliness, and maximization of gross revenues and net

25  proceeds over the life of the contract.

26         (14)(15)  Have the authority to acquire real property

27  and make improvements thereon.  The title to such property

28  shall be vested in the Board of Trustees of the Internal

29  Improvement Trust Fund.  The board shall give the department

30  preference in leasing state-owned lands under the board's

31  control and may not exercise any jurisdiction over lands

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  purchased or leased by the department while such lands are

  2  actively used by the department. Actions of the department

  3  under this subsection are exempt from the time limitations and

  4  deadlines of chapter 253.

  5         (15)(16)  Have the authority to charge fees to persons

  6  applying for contracts as vendors or retailers, which fees are

  7  reasonably calculated to cover the costs of investigations and

  8  other activities related to the processing of the application.

  9         (16)(17)  Enter into contracts for the purchase, lease,

10  or lease-purchase of such goods and services as are necessary

11  for the operation and promotion of the state lottery,

12  including assistance provided by any governmental agency.

13         (17)(18)  In accordance with the provisions of this

14  act, enter into contracts with retailers so as to provide

15  adequate and convenient availability of tickets to the public

16  for each game.

17         (18)(19)  Have the authority to enter into agreements

18  with other states for the operation and promotion of a

19  multistate lottery if such agreements are in the best interest

20  of the state lottery.  The authority conferred by this

21  subsection is not effective until 1 year after the first day

22  of lottery ticket sales.

23         (19)(20)  Employ division directors and other staff as

24  may be necessary to carry out the provisions of this act;

25  however:

26         (a)  No person shall be employed by the department who

27  has been convicted of, or entered a plea of guilty or nolo

28  contendere to, a felony committed in the preceding 10 years,

29  regardless of adjudication, unless the department determines

30  that:

31

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         1.  The person has been pardoned or his or her civil

  2  rights have been restored; or

  3         2.  Subsequent to such conviction or entry of plea the

  4  person has engaged in the kind of law-abiding commerce and

  5  good citizenship that would reflect well upon the integrity of

  6  the lottery.

  7         (b)  No officer or employee of the department having

  8  decisionmaking authority shall participate in any decision

  9  involving any vendor or retailer with whom the officer or

10  employee has a financial interest.  No such officer or

11  employee may participate in any decision involving any vendor

12  or retailer with whom the officer or employee has discussed

13  employment opportunities without the approval of the secretary

14  or, if such officer is the secretary or any member of the

15  commission, without the approval of the Governor.  Any officer

16  or employee of the department shall notify the secretary of

17  any such discussion or, if such officer is the secretary or a

18  member of the commission, he or she shall notify the Governor.

19  A violation of this paragraph is punishable in accordance with

20  s. 112.317.

21         (c)  No officer or employee of the department who

22  leaves the employ of the department shall represent any vendor

23  or retailer before the department regarding any specific

24  matter in which the officer or employee was involved while

25  employed by the department, for a period of 1 year following

26  cessation of employment with the department.  A violation of

27  this paragraph is punishable in accordance with s. 112.317.

28         (d)  The department shall establish and maintain a

29  personnel program for its employees, including a personnel

30  classification and pay plan which may provide any or all of

31  the benefits provided in the Senior Management Service or

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  Selected Exempt Service.  Each officer or employee of the

  2  department shall be a member of the Florida Retirement System.

  3  The retirement class of each officer or employee shall be the

  4  same as other persons performing comparable functions for

  5  other agencies.  Employees of the department shall serve at

  6  the pleasure of the secretary and shall be subject to

  7  suspension, dismissal, reduction in pay, demotion, transfer,

  8  or other personnel action at the discretion of the secretary.

  9  Such personnel actions are exempt from the provisions of

10  chapter 120. All employees of the department are exempt from

11  the Career Service System provided in chapter 110 and,

12  notwithstanding the provisions of s. 110.205(5), are not

13  included in either the Senior Management Service or the

14  Selected Exempt Service. However, all employees of the

15  department are subject to all standards of conduct adopted by

16  rule for career service and senior management employees

17  pursuant to chapter 110.  In the event of a conflict between

18  standards of conduct applicable to employees of the Department

19  of the Lottery the more restrictive standard shall apply.

20  Interpretations as to the more restrictive standard may be

21  provided by the Commission on Ethics upon request of an

22  advisory opinion pursuant to s. 112.322(3)(a), for purposes of

23  this subsection the opinion shall be considered final action.

24         (20)(21)  Adopt by rule a code of ethics for officers

25  and employees of the department which supplements the

26  standards of conduct for public officers and employees imposed

27  by law.

28         Section 4.  Paragraph (b) of subsection (7) of section

29  24.108, Florida Statutes, is amended to read:

30         24.108  Division of Security; duties; security

31  report.--

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         (7)

  2         (b)  The portion of the security report containing the

  3  overall evaluation of the department in terms of each aspect

  4  of security shall be presented to the commission, the

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

  6  House of Representatives.  The portion of the security report

  7  containing specific recommendations shall be confidential and

  8  shall be presented only to the secretary, the commission, the

  9  Governor, and the Auditor General; however, upon certification

10  that such information is necessary for the purpose of

11  effecting legislative changes, such information shall be

12  disclosed to the President of the Senate and the Speaker of

13  the House of Representatives, who may disclose such

14  information to members of the Legislature and legislative

15  staff as necessary to effect such purpose. However, any person

16  who receives a copy of such information or other information

17  which is confidential pursuant to this act or rule of the

18  department shall maintain its confidentiality.  The

19  confidential portion of the report is exempt from the

20  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

21  Constitution.

22         Section 5.  Subsection (3) of section 24.123, Florida

23  Statutes, is amended to read:

24         24.123  Annual audit of financial records and

25  reports.--

26         (3)  A copy of any audit performed pursuant to this

27  section shall be submitted to the secretary, the commission,

28  the Governor, the President of the Senate, the Speaker of the

29  House of Representatives, and members of the Legislative

30  Auditing Committee.

31

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         Section 6.  Sections 121.22, 121.23, 121.231, and

  2  121.24, Florida Statutes, are repealed.

  3         Section 7.  Subsection (3) of section 121.0515, Florida

  4  Statutes, is amended to read:

  5         121.0515  Special risk membership.--

  6         (3)  PROCEDURE FOR DESIGNATING.--

  7         (a)  Any member of the Florida Retirement System

  8  employed by a county, city, or special district who feels that

  9  he or she meets the criteria set forth in this section for

10  membership in the Special Risk Class may request that his or

11  her employer submit an application to the department

12  requesting that the department designate him or her as a

13  special risk member.  If the employer agrees that the member

14  meets the requirements for special risk membership, the

15  employer shall submit an application to the department in

16  behalf of the employee containing a certification that the

17  member meets the criteria for special risk membership set

18  forth in this section and such other supporting documentation

19  as may be required by administrative rule.  The department

20  shall, within 90 days, either designate or refuse to designate

21  the member as a special risk member.  If the employer declines

22  to submit the member's application to the department or if the

23  department does not designate the member as a special risk

24  member, the member or the employer may appeal to the

25  department for a hearing before an administrative law judge

26  State Retirement Commission, as provided in chapter 120 s.

27  121.23, for designation as a special risk member. A member who

28  receives a final affirmative ruling pursuant to such appeal

29  for special risk membership shall have special risk membership

30  retroactive to the date such member would have had special

31  risk membership had such membership been approved by the

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  employer and the department, as determined by the department,

  2  and the employer contributions shall be paid in full within 1

  3  year after such final ruling.

  4         (b)1.  Applying the criteria set forth in this section,

  5  the Department of Management Services shall specify which

  6  current and newly created classes of positions under the

  7  uniform classification plan established pursuant to chapter

  8  110 entitle the incumbents of positions in those classes to

  9  membership in the Special Risk Class.  Only employees employed

10  in the classes so specified shall be special risk members.

11         2.  When a class is not specified by the department as

12  provided in subparagraph 1., the employing agency may petition

13  the department for a hearing before an administrative law

14  judge, as provided in chapter 120 State Retirement Commission

15  for approval in accordance with s. 121.23.

16         Section 8.  Paragraph (d) of subsection (4) and

17  paragraph (b) of subsection (13) of section 121.091, Florida

18  Statutes, are amended to read:

19         121.091  Benefits payable under the system.--Benefits

20  may not be paid under this section unless the member has

21  terminated employment as provided in s. 121.021(39)(a) or

22  begun participation in the Deferred Retirement Option Program

23  as provided in subsection (13), and a proper application has

24  been filed in the manner prescribed by the department. The

25  department may cancel an application for retirement benefits

26  when the member or beneficiary fails to timely provide the

27  information and documents required by this chapter and the

28  department's rules. The department shall adopt rules

29  establishing procedures for application for retirement

30  benefits and for the cancellation of such application when the

31  required information or documents are not received.

                                  17

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         (4)  DISABILITY RETIREMENT BENEFIT.--

  2         (d)  Election on appeal.--A member whose application

  3  for regular disability retirement has been denied and who has

  4  filed an appeal to the department for a hearing before an

  5  administrative law judge, as provided in chapter 120, State

  6  Retirement Commission may, if eligible, elect to receive

  7  normal or early service retirement benefits while he or she is

  8  awaiting the decision on the appeal. However:

  9         1.  If the member elects to receive service retirement

10  benefits and disability benefits are later approved as a

11  result of the appeal, the payment option chosen by the member

12  may not be changed.

13         2.  If the member elects to receive early service

14  retirement and the appeal is later denied, the member may not

15  change his or her election of early retirement.

16

17  Before such regular or early retirement benefits may be paid

18  by the division, the member must provide to the division a

19  written statement indicating that the member understands that

20  such changes are not permitted after he or she begins

21  receiving the benefits.

22         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

23  and subject to the provisions of this section, the Deferred

24  Retirement Option Program, hereinafter referred to as the

25  DROP, is a program under which an eligible member of the

26  Florida  Retirement System may elect to participate, deferring

27  receipt of retirement benefits while continuing employment

28  with his or her Florida Retirement System employer.  The

29  deferred monthly benefits shall accrue in the System Trust

30  Fund on behalf of the participant, plus interest compounded

31  monthly, for the specified period of the DROP participation,

                                  18

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  as provided in paragraph (c).  Upon termination of employment,

  2  the participant shall receive the total DROP benefits and

  3  begin to receive the previously determined normal retirement

  4  benefits. Participation in the DROP does not guarantee

  5  employment for the specified period of DROP.

  6         (b)  Participation in the DROP.--

  7         1.  An eligible member may elect to participate in the

  8  DROP for a period not to exceed a maximum of 60 calendar

  9  months immediately following the date on which the member

10  first reaches his or her normal retirement date or the date to

11  which he or she is eligible to defer his or her election to

12  participate as provided in subparagraph (a)2. However, a

13  member who has reached normal retirement date prior to the

14  effective date of the DROP shall be eligible to participate in

15  the DROP for a period of time not to exceed 60 calendar months

16  immediately following the effective date of the DROP, except a

17  member of the Special Risk Class who has reached normal

18  retirement date prior to the effective date of the DROP and

19  whose total accrued value exceeds 75 percent of average final

20  compensation as of his or her effective date of retirement

21  shall be eligible to participate in the DROP for no more than

22  36 calendar months immediately following the effective date of

23  the DROP.

24         2.  Upon deciding to participate in the DROP, the

25  member shall submit, on forms required by the division:

26         a.  A written election to participate in the DROP;

27         b.  Selection of the DROP participation and termination

28  dates, which satisfy the limitations stated in paragraph (a)

29  and subparagraph 1. Such termination date shall be in a

30  binding letter of resignation with the employer, establishing

31  a deferred termination date. The member may change the

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  termination date within the limitations of subparagraph 1.,

  2  but only with the written approval of his or her employer;

  3         c.  A properly completed DROP application for service

  4  retirement as provided in this section; and

  5         d.  Any other information required by the division.

  6         3.  The DROP participant shall be a retiree under the

  7  Florida Retirement System for all purposes, except for

  8  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

  9  121.053, and 121.122. However, participation in the DROP does

10  not alter the participant's employment status and such

11  employee shall not be deemed retired from employment until his

12  or her deferred resignation is effective and termination

13  occurs as provided in s. 121.021(39).

14         4.  Elected officers shall be eligible to participate

15  in the DROP subject to the following:

16         a.  An elected officer who reaches normal retirement

17  date during a term of office may defer the election to

18  participate in the DROP until the next succeeding term in that

19  office. Such elected officer who exercises this option may

20  participate in the DROP for up to 60 calendar months or a

21  period of no longer than such succeeding term of office,

22  whichever is less.

23         b.  An elected or a nonelected participant may run for

24  a term of office while participating in DROP and, if elected,

25  extend the DROP termination date accordingly, except, however,

26  if such additional term of office exceeds the 60-month

27  limitation established in subparagraph 1., and the officer

28  does not resign from office within such 60-month limitation,

29  the retirement and the participant's DROP shall be null and

30  void as provided in sub-subparagraph (c)5.d.

31

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         c.  An elected officer who is dually employed and

  2  elects to participate in DROP shall be required to satisfy the

  3  definition of termination within the 60-month limitation

  4  period as provided in subparagraph 1. for the nonelected

  5  position and may continue employment as an elected officer as

  6  provided in s. 121.053. The elected officer will be enrolled

  7  as a renewed member in the Elected Officers' Class or the

  8  Regular Class, as provided in s. ss. 121.053 and 121.22, on

  9  the first day of the month after termination of employment in

10  the nonelected position and termination of DROP. Distribution

11  of the DROP benefits shall be made as provided in paragraph

12  (c).

13         Section 9.  Section 228.054, Florida Statutes, is

14  repealed.

15         Section 10.  Subsection (12) of section 228.053,

16  Florida Statutes, is amended to read:

17         228.053  Developmental research schools.--

18         (12)  EXCEPTIONS TO LAW.--To encourage innovative

19  practices and facilitate the mission of the developmental

20  research schools, in addition to the exceptions to law

21  specified in s. 229.592, the following exceptions shall be

22  permitted for developmental research schools:

23         (a)  The methods and requirements of the following

24  statutes shall be held in abeyance:  ss. 230.01; 230.02;

25  230.03; 230.04; 230.05; 230.061; 230.10; 230.105; 230.11;

26  230.12; 230.15; 230.16; 230.17; 230.173; 230.18; 230.19;

27  230.201; 230.202; 230.21; 230.22; 230.2318; 230.24; 230.241;

28  230.26; 230.28; 230.30; 230.303; 230.31; 230.32; 230.321;

29  230.33; 230.35; 230.39; 230.63; 230.64; 230.643; 234.01;

30  234.021; 236.25; 236.261; 236.29; 236.31; 236.32; 236.35;

31  236.36; 236.37; 236.38; 236.39; 236.40; 236.41; 236.42;

                                  21

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  236.43; 236.44; 236.45; 236.46; 236.47; 236.48; 236.49;

  2  236.50; 236.51; 236.52; 236.55; 236.56; 237.051; 237.071;

  3  237.091; 237.201; 237.40; and 316.75. With the exception of

  4  subsection (16) of s. 230.23, s. 230.23 shall be held in

  5  abeyance. Reference to school boards in s. 230.23(16) shall

  6  mean the president of the university or the president's

  7  designee.

  8         (b)  The following statutes or related rules may be

  9  waived for any developmental research school so requesting,

10  provided the general statutory purpose of each section is met

11  and the developmental research school has submitted a written

12  request to the Commissioner of Education Joint Developmental

13  Research School Planning, Articulation, and Evaluation

14  Committee for approval pursuant to this subsection:  ss.

15  229.555; 231.291; 232.2462; 233.34; 237.01; 237.02; 237.031;

16  237.041; 237.061; 237.081; 237.111; 237.121; 237.131; 237.141;

17  237.151; 237.161; 237.162; 237.171; 237.181; 237.211; and

18  237.34. Notwithstanding reference to the responsibilities of

19  the superintendent or school board in chapter 237,

20  developmental research schools shall follow the policy intent

21  of the chapter and shall, at least, adhere to the general

22  state agency accounting procedures established in s. 11.46.

23         1.  Two or more developmental research schools may

24  jointly originate a request for waiver and submit the request

25  to the commissioner committee if such waiver is approved by

26  the school advisory council of each developmental research

27  school desiring the waiver.

28         2.  A developmental research school may submit a

29  request to the commissioner committee for a waiver if such

30  request is presented by a school advisory council established

31  pursuant to s. 229.58, if such waiver is required to implement

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  a school improvement plan required by s. 230.23(16), and if

  2  such request is made using forms established pursuant to s.

  3  229.592. The department Joint Developmental Research School

  4  Planning, Articulation, and Evaluation Committee shall monitor

  5  the waiver activities of all developmental research schools

  6  and shall report annually to the department, in conjunction

  7  with the feedback report required pursuant to s. 229.592, the

  8  number of waivers requested and submitted to the committee by

  9  developmental research schools, and the number of such waiver

10  requests not approved. For each waiver request not approved,

11  the committee shall report the statute or rule for which the

12  waiver was requested, the rationale for the developmental

13  research school request, and the reason the request was not

14  approved.

15         (c)  The written request for waiver of statute or rule

16  shall indicate at least how the general statutory purpose will

17  be met, how granting the waiver will assist schools in

18  improving student outcomes related to the student performance

19  standards adopted pursuant to s. 229.592, and how student

20  improvement will be evaluated and reported. In considering any

21  waiver, the commissioner committee shall ensure protection of

22  the health, safety, welfare, and civil rights of the students

23  and protection of the public interest.

24         (d)  Notwithstanding the request provisions of s.

25  229.592, developmental research schools shall request all

26  waivers through the commissioner Joint Developmental Research

27  School Planning, Articulation, and Evaluation Committee, as

28  established in s. 228.054. The commissioner committee shall

29  approve or disapprove said requests pursuant to this

30  subsection and s. 229.592; however, the Commissioner of

31  Education shall have standing to challenge any decision of the

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  committee should it adversely affect the health, safety,

  2  welfare, or civil rights of the students or public interest.

  3  The department shall immediately notify the committee and

  4  developmental research school of the decision and provide a

  5  rationale therefor.

  6         Section 11.  Subsection (6) of section 228.2001,

  7  Florida Statutes, is amended to read:

  8         228.2001  Discrimination against students and employees

  9  in state system of public education; prohibitions; equality of

10  access; strategies to overcome underrepresentation;

11  remedies.--

12         (6)  The functions of the Office of Equal Educational

13  Opportunity of the Department of Education shall include, but

14  not be limited to:

15         (a)  Requiring all boards to develop and submit plans

16  for the implementation of this section to the Department of

17  Education.

18         (b)  Conducting periodic reviews of educational

19  agencies to determine compliance with this section and, after

20  a finding that an educational agency is not in compliance with

21  this section, notifying the agency of the steps that it must

22  take to attain compliance.

23         (c)  Providing technical assistance, including

24  assisting educational agencies in identifying unlawful

25  discrimination and instructing them in remedies for correction

26  and prevention of such discrimination.

27         (d)  Conducting studies of the effectiveness of methods

28  and strategies designed to increase the participation of

29  students in programs and courses in which students of a

30  particular race, national origin, sex, handicap, or marital

31

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  status have been traditionally underrepresented and monitoring

  2  the success of students in such programs of courses.

  3         (e)  Requiring all boards to submit data and

  4  information necessary to determine compliance with this

  5  section.  The Commissioner of Education shall prescribe the

  6  format and the date for submission of such data and any other

  7  educational equity data. If any district does not submit the

  8  required compliance data or other required educational equity

  9  data by the prescribed date, the commissioner shall notify the

10  district school board of this fact and, if the appropriate

11  action is not taken to immediately submit the required report,

12  the school board shall be directed to proceed pursuant to the

13  provisions of s. 230.23(11)(b).  If any community college or

14  university does not submit required data and information by

15  the prescribed date, the same policy as prescribed for school

16  districts shall be implemented.

17         (f)  Coordinating the work of a Task Force on Gender

18  Equity in Education.  The task force shall consist of 11

19  members.  The Commissioner of Education shall appoint three

20  members:  two shall be athletic directors at public high

21  schools and one may be a member at large.  The Chancellor of

22  the State University System shall appoint two members who are

23  athletic directors at state universities that offer

24  scholarships for athletes in all major sports.  The Executive

25  Director of the Community College System shall appoint two

26  members who are athletic directors at community colleges.  The

27  President of the Senate shall appoint two members and the

28  Speaker of the House of Representatives shall appoint two

29  members.  The Commissioner of Education, the Chancellor of the

30  State University System, the Executive Director of the

31  Community College System, the President of the Senate, and the

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  Speaker of the House of Representatives shall coordinate their

  2  appointments to ensure that the task force represents, to the

  3  maximum extent possible, the gender, racial, and ethnic

  4  diversity of the state. By July 1, 1994, the task force shall

  5  define equity in athletics at all levels of public education

  6  and shall recommend to the Commissioner of Education rules for

  7  appropriate enforcement mechanisms to ensure equity. The

  8  recommendations must include:

  9         1.  A determination of an equitable rate of

10  participation of males and females in athletics at public

11  educational agencies and institutions.

12         2.  A determination of the appropriate consideration of

13  revenues when making decisions about equitable use of funds

14  for support of athletic activities.  In making this

15  determination, the task force shall consider all funds

16  received and expended for athletic promotion or support,

17  including revenues from direct-support organizations

18  established under s. 237.40, s. 240.299, or s. 240.363.

19         (f)(g)  Based upon recommendations of the task force

20  created in paragraph (f) and rules of the State Board of

21  Education, developing and implementing enforcement mechanisms

22  with appropriate penalties to ensure that public schools and

23  community colleges comply with Title IX of the Education

24  Amendments of 1972 and subsection (3) of this section.

25  However, the Department of Education may not force an

26  educational agency to conduct, nor penalize an educational

27  agency for not conducting, a program of athletic activity or

28  athletic scholarship for female athletes unless it is an

29  athletic activity approved for women by a recognized

30  association whose purpose is to promote athletics and a

31  conference or league exists to promote interscholastic or

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  intercollegiate competition for women in that athletic

  2  activity.

  3         (g)(h)  Beginning July 1, 1994, reporting to the

  4  Commissioner of Education any public community college or

  5  school district found to be out of compliance with rules of

  6  the State Board of Education adopted as required by paragraph

  7  (f) (g) or paragraph (3)(d).  To penalize the community

  8  college or school district, the commissioner shall:

  9         1.  Declare the educational agency ineligible for

10  competitive state grants.

11         2.  Notwithstanding the provisions of s. 216.192,

12  direct the Comptroller to withhold general revenue funds

13  sufficient to obtain compliance from the educational agency.

14

15  The educational agency shall remain ineligible and the funds

16  shall not be paid until the agency comes into compliance or

17  the commissioner approves a plan for compliance.

18         Section 12.  Subsection (7) of section 230.2305,

19  Florida Statutes, is repealed, and paragraph (b) of subsection

20  (2), paragraphs (h) and (i) of subsection (3), and subsection

21  (5) of that section are amended to read:

22         230.2305  Prekindergarten early intervention program.--

23         (2)  ELIGIBILITY.--There is hereby created the

24  prekindergarten early intervention program for children who

25  are 3 and 4 years of age.  A prekindergarten early

26  intervention program shall be administered by a district

27  school board and shall receive state funds pursuant to

28  subsection (6). Each public school district shall make

29  reasonable efforts to accommodate the needs of children for

30  extended day and extended year services without compromising

31  the quality of the 6-hour, 180-day program.  The school

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  district shall report on such efforts. School district

  2  participation in the prekindergarten early intervention

  3  program shall be at the discretion of each school district.

  4         (b)  An "economically disadvantaged" child shall be

  5  defined as a child eligible to participate in the free lunch

  6  program.  Notwithstanding any change in a family's economic

  7  status or in the federal eligibility requirements for free

  8  lunch, a child who meets the eligibility requirements upon

  9  initial registration for the program shall be considered

10  eligible until the child reaches kindergarten age.  In order

11  to assist the school district in establishing the priority in

12  which children shall be served, and to increase the efficiency

13  in the provision of child care services in each district, the

14  district shall enter into a written collaborative agreement

15  with other publicly funded early education and child care

16  programs within the district. Such agreement shall be

17  facilitated by the interagency coordinating council and shall

18  set forth, among other provisions, the measures to be

19  undertaken to ensure the programs' achievement and compliance

20  with the performance standards established in subsection (3)

21  and for maximizing the public resources available to each

22  program.  In addition, the central agency for state-subsidized

23  child care or the local service district of the Department of

24  Children and Family Services shall provide the school district

25  with an updated list of 3-year-old and 4-year-old children

26  residing in the school district who are on the waiting list

27  for state-subsidized child care.

28         (3)  STANDARDS.--

29         (h)  Services are to be provided during a school day

30  and school year equal to or exceeding the requirements for

31  kindergarten under ss. 228.041 and 236.013. Strategies to

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  provide care before school, after school, and 12 months a

  2  year, when needed, must be developed by the school district in

  3  cooperation with the central agency for state-subsidized child

  4  care or the local service district of the Department of

  5  Children and Family Services and the district interagency

  6  coordinating council.  Programs may be provided on Saturdays

  7  and through other innovative scheduling arrangements.

  8         (i)  The school district must make efforts to meet the

  9  first state education goal, readiness to start school,

10  including the involvement of nonpublic schools, public and

11  private providers of day care and early education, and other

12  community agencies that provide services to young children.

13  This may include private child care programs, subsidized child

14  care programs, and Head Start programs. A written description

15  of these efforts must be provided to the district interagency

16  coordinating council on early childhood services.

17         (5)  ANNUAL REPORT.--Each prekindergarten early

18  intervention program under this section shall submit an annual

19  report of its program to the Department of Education district

20  interagency coordinating council on early childhood services.

21  The report must describe the overall program operations;

22  activities of the district interagency coordinating council on

23  early childhood services; expenditures; the number of students

24  served; ratio of staff to children; staff qualifications;

25  evaluation findings, including identification of program

26  components that were most successful; and other information

27  required by the State Coordinating Council for School

28  Readiness Programs council or the state advisory council.

29         Section 13.  Subsections (3), (7), and (8) of section

30  230.2303, Florida Statutes, are amended to read:

31         230.2303  Florida First Start Program.--

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         (3)  PLAN.--Each school board may submit to the

  2  Commissioner of Education a plan for conducting a Florida

  3  First Start Program.  Each plan and subsequent amended plan

  4  shall be developed in cooperation with the district

  5  interagency coordinating council on early childhood services

  6  established pursuant to s. 230.2305 and the Interagency

  7  Prekindergarten Council for Children with Disabilities, and

  8  shall be approved by the commissioner. A district school

  9  board's plan must be designed to serve children from birth to

10  3 years of age who are disabled or at risk of future school

11  failure and to serve their parents.  For the purposes of this

12  section, the term "children with disabilities or at risk of

13  future school failure" includes any child who has one or more

14  of the characteristics described in s. 411.202(9).

15         (7)  ANNUAL REPORT.--Each district school board that

16  implements a program under this section shall, with the

17  assistance of the district interagency coordinating council on

18  early childhood services, submit an annual report of its

19  program to the commissioner.  The report must describe the

20  overall program operations, activities of the district

21  interagency coordinating council, expenditures, the number of

22  children served, staff training and qualifications, and

23  evaluation findings.

24         (8)  COORDINATION.--

25         (a)  The Florida First Start Program shall be included

26  under the jurisdiction of the State Coordinating Council for

27  School Readiness Programs established pursuant to s. 411.222.

28  The council shall make recommendations for effective

29  implementation of the program and shall advise the Department

30  of Education on needed legislation, rules, and technical

31

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  assistance to ensure the continued implementation of an

  2  effective program.

  3         (b)  Each school district shall develop, implement, and

  4  evaluate its program in cooperation with the district

  5  interagency coordinating council established under s.

  6  230.2305.

  7         Section 14.  Subsection (1) of section 230.2306,

  8  Florida Statutes, is amended to read:

  9         230.2306  Prekindergarten children service needs

10  assessments; reports; reasonable efforts by school district.--

11         (1)  In each county, the district school board, the

12  central child care agency, the Head Start program, and a

13  private provider of preschool services, in cooperation with

14  the district interagency coordinating council established

15  under s. 230.2305, shall:

16         (a)  Assess the service needs of all preschool children

17  who are eligible for subsidized child care to identify those

18  who require services beyond the current 6-hour, 180-day

19  prekindergarten program.

20         (b)  Determine how many children are eligible for

21  prekindergarten programs, but are not enrolled because the

22  hours of availability do not meet the family's need.

23         Section 15.  Subsection (9) of section 402.3015,

24  Florida Statutes, is amended to read:

25         402.3015  Subsidized child care program; purpose; fees;

26  contracts.--

27         (9)  The central agency for state subsidized child care

28  or the local service district of the Department of Children

29  and Family Services shall develop cooperate with the local

30  interagency coordinating council as defined in s. 230.2305 in

31

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  the development of written collaborative agreements with each

  2  local school district.

  3         (a)  The central agency shall develop in consultation

  4  with the local interagency council a plan for implementing and

  5  conducting a child care program.  Such plan shall include the

  6  tentative budget and measures for maximizing public resources.

  7         (b)  The department shall monitor each subsidized child

  8  care provider at least annually to determine compliance with

  9  the collaborative agreement facilitated by the local

10  interagency coordinating council.  If a provider fails to

11  bring its program into compliance with the agreement or the

12  plan within 3 months after an evaluation citing deficiencies,

13  the department must withhold such administrative funds as have

14  been allocated to the program and which have not yet been

15  released.

16         Section 16.  Paragraph (d) of subsection (5) of section

17  409.178, Florida Statutes, is amended to read:

18         409.178  Child Care Executive Partnership Act; findings

19  and intent; grant; limitation; rules.--

20         (5)

21         (d)  Each community coordinated child care agency shall

22  be required to establish a community child care task force for

23  each child care purchasing pool. The task force must be

24  composed of employers, parents, private child care providers,

25  and one representative each from the district interagency

26  coordinating council for children's services and the local

27  children's services council, if one exists they exist in the

28  area of the purchasing pool. The community coordinated child

29  care agency is expected to recruit the task force members from

30  existing child care councils, commissions, or task forces

31  already operating in the area of a purchasing pool. A majority

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  of the task force shall consist of employers.  Each task force

  2  shall develop a plan for the use of child care purchasing pool

  3  funds. The plan must show how many children will be served by

  4  the purchasing pool, how many will be new to receiving child

  5  care services, and how the community coordinated child care

  6  agency intends to attract new employers and their employees to

  7  the program.

  8         Section 17.  Paragraph (a) of subsection (5) of section

  9  411.01, Florida Statutes, is amended to read:

10         411.01  Florida Partnership for School Readiness;

11  school readiness coalitions.--

12         (5)  CREATION OF SCHOOL READINESS COALITIONS.--

13         (a)  School readiness coalitions.--

14         1.  If a coalition's plan would serve less than 400

15  birth-to-kindergarten age children, the coalition must either

16  join with another county to form a multicounty coalition,

17  enter an agreement with a fiscal agent to serve more than one

18  coalition, or demonstrate to the partnership its ability to

19  effectively and efficiently implement its plan as a

20  single-county coalition and meet all required performance

21  standards and outcome measures.

22         2.  Each coalition shall have at least 18 but not more

23  than 25 members and such members must include the following:

24         a.  A Department of Children and Family Services

25  district administrator or his or her designee who is

26  authorized to make decisions on behalf of the department.

27         b.  A district superintendent of schools or his or her

28  designee who is authorized to make decisions on behalf of the

29  district.

30         c.  A regional workforce development board chair or

31  director, where applicable.

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         d.  A county health department director or his or her

  2  designee.

  3         e.  A children's services council or juvenile welfare

  4  board chair or executive director, if applicable.

  5         f.  A child care licensing agency head.

  6         g.  One member appointed by a Department of Children

  7  and Family Services district administrator.

  8         h.  One member appointed by a board of county

  9  commissioners.

10         i.  One member appointed by a district school board.

11         j.  A central child care agency administrator.

12         k.  A Head Start director.

13         l.  A representative of private child care providers.

14         m.  A representative of faith-based child care

15  providers.

16

17  More than one-third of the coalition members must be from the

18  private sector, and neither they nor their families may earn

19  an income from the early education and child care industry. To

20  meet this requirement a coalition must appoint additional

21  members from a list of nominees presented to the coalition by

22  a chamber of commerce or economic development council within

23  the geographic area of the coalition.

24         3.  No member of a coalition may appoint a designee to

25  act in his or her place. A member may send a representative to

26  coalition meetings, but that representative will have no

27  voting privileges. When a district superintendent of schools

28  or a district administrator for the Department of Children and

29  Family Services appoints a designee to a school readiness

30  coalition, the designee will be the voting member of the

31  coalition, and any individual attending in his or her place,

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  including the district administrator or superintendent, will

  2  have no voting privileges.

  3         4.  The school readiness coalition shall replace the

  4  district interagency coordinating council required under s.

  5  230.2305.

  6         4.5.  Members of the coalition are subject to the

  7  ethics provisions in part III of chapter 112.

  8         5.6.  For the purposes of tort liability, the members

  9  of the school readiness coalition and its employees shall be

10  governed by s. 768.28.

11         6.7.  Multicounty coalitions shall include

12  representation from each county.

13         7.8.  The terms of all appointed members of the

14  coalition must be staggered. Appointed members may serve a

15  maximum of two terms. When a vacancy occurs in an appointed

16  position, the coalition must advertise the vacancy.

17         Section 18.  Subsection (3) of section 232.2466,

18  Florida Statutes, is repealed.

19         Section 19.  Section 255.565, Florida Statutes, is

20  repealed.

21         Section 20.  Section 255.553, Florida Statutes, is

22  amended to read:

23         255.553  Survey required.--Each state agency shall

24  survey or cause to be surveyed for the presence of

25  asbestos-containing materials each public building for which

26  it is responsible. The survey shall be conducted by an

27  asbestos consultant licensed under chapter 469 and shall be

28  conducted in accordance with AHERA initial inspection

29  procedures; Environmental Protection Agency guidelines;

30  National Emission Standards for Hazardous Air Pollutants; and

31  Occupational Safety and Health Administration regulations; and

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  any subsequent recommendations made by the Asbestos Oversight

  2  Program Team established under s. 255.565. The survey shall:

  3         (1)  Determine all materials which may contain

  4  asbestos;

  5         (2)  Identify the location and quantify the types of

  6  asbestos-containing materials;

  7         (3)  Assess the hazard of the existing

  8  asbestos-containing materials as they relate to any situation

  9  where a person may come into contact with asbestos;

10         (4)  Prioritize the areas which need immediate asbestos

11  abatement action according to the hazard assessment; and

12         (5)  Estimate the cost of recommended abatement

13  alternatives.

14

15  The asbestos program administrator shall review the asbestos

16  surveys and consult with the affected agency to determine on a

17  priority basis the need for instituting abatement procedures,

18  and the asbestos program administrator shall institute

19  abatement procedures on a priority basis as directed by the

20  secretary of the Department of Labor and Employment Security.

21         Section 21.  Section 255.556, Florida Statutes, is

22  amended to read:

23         255.556  Asbestos assessment.--When the survey

24  indicates the presence of friable asbestos-containing

25  materials in a public building, the survey shall also include

26  an assessment of the level of airborne asbestos fibers.  This

27  assessment shall include a visual assessment followed by an

28  analysis of air samples which shall be conducted in accordance

29  with rules of the Department of Labor and Employment Security;

30  Environmental Protection Agency guidelines; National Emission

31  Standards for Hazardous Air Pollutants; and Occupational

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    Florida Senate - 2001                                  SB 1410
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  1  Safety and Health Administration regulations; and any

  2  subsequent recommendations made by the Asbestos Oversight

  3  Program Team established under s. 255.565.  If the overall

  4  assessment indicates the presence of asbestos greater than

  5  0.01 asbestos structures per cubic centimeter during periods

  6  of normal activity, response action shall be taken.

  7         Section 22.  Section 255.563, Florida Statutes, is

  8  amended to read:

  9         255.563  Rules; Department of Labor and Employment

10  Security.--The Department of Labor and Employment Security

11  shall adopt all rules relating to asbestos in public buildings

12  reasonably necessary to implement the provisions of ss.

13  255.551-255.565.  In developing the rules, the department

14  shall consider the criteria established in the Asbestos

15  Identification and Remediation Plan dated January 1, 1987, and

16  issued pursuant to chapter 86-135, Laws of Florida;

17  Environmental Protection Agency guidelines; AHERA; National

18  Emission Standards for Hazardous Air Pollutants; and

19  Occupational Safety and Health Administration regulations; and

20  any subsequent recommendations made by the Asbestos Oversight

21  Program Team established under s. 255.565.

22         Section 23.  Subsections (2), (3), (4), (5), and (6) of

23  section 272.12, Florida Statutes, are repealed.

24         Section 24.  Section 272.121, Florida Statutes, is

25  amended to read:

26         272.121  Capitol Center long-range planning.--

27         (1)  The Department of Management Services shall

28  develop a comprehensive and long-range plan for the

29  development of state-owned property within the Capitol Center,

30  which plan, and amendments thereto, shall be presented to the

31

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  planning commission for final approval.  In developing this

  2  plan, the department shall consider:

  3         (a)  The most efficient, expeditious, and economical

  4  method of accomplishing the desired results.

  5         (b)  The architectural and aesthetic coordination of

  6  the proposed plan with the existing structures.

  7         (c)  The effective utilization of all available space

  8  so as to minimize waste.

  9         (d)  The plans adopted by the local planning agencies

10  in Leon County.

11         (2)  The department shall further determine the needs

12  of state government and the various agencies thereof occupying

13  the Capitol Center and activities requiring space or

14  facilities in the Capitol Center. When these needs have been

15  determined the department shall develop a comprehensive plan

16  for meeting these needs and for providing immediate facilities

17  for state government and its agencies to effectively and

18  efficiently discharge their duties and responsibilities, which

19  plan shall be consistent with the plan for development of the

20  Capitol Center Planning District.

21         (3)  In carrying out the provisions of the foregoing,

22  the department shall consult with the Capitol Center Planning

23  Commission and shall request the cooperation of those state

24  and private architects, engineers and interior designers

25  determined by the department to possess expertise or

26  information helpful to the development of a Capitol Plan and

27  solicit and accept information, suggestions, and

28  recommendations from all interested parties.

29         (4)  The commission and the department shall prepare a

30  report of its their findings and recommendations and submit

31  the same to the Governor and the Legislature every fifth year,

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    Florida Senate - 2001                                  SB 1410
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  1  except that the next report shall not be due until February 1,

  2  1979.  Said report shall reflect the actions of the commission

  3  and the department in carrying out the provisions of this act

  4  and shall include an updated comprehensive plan to carry out

  5  the provisions of this act each time the report is submitted.

  6         (5)  The department is authorized to contract with the

  7  City of Tallahassee, Leon County, the Tallahassee-Leon County

  8  Planning Department, or any other agency of such city or

  9  county to obtain planning services and functions required for

10  the planning and development of the district in harmony with

11  the coordinated planning of the city and the county. Services

12  and functions covered under such agreements may include, but

13  shall not be limited to, topographic surveys; base mapping;

14  inventory of land use, employment, parking, and building floor

15  areas; land acquisition information; analysis of trends;

16  physical planning activities, including a master plan and any

17  other required planning studies; preparation of zoning codes

18  to provide for compatible development within the Capitol

19  Center area and in the vicinity thereof; coordination of plans

20  for development in of the district with city and county

21  development plans; and application for and use of federal

22  funds which may be available for planning or related purposes.

23         Section 25.  Section 295.184, Florida Statutes, is

24  amended to read:

25         295.184  Report; design, cost estimates.--The

26  Commission on Veterans' Affairs shall consider the appropriate

27  design of the memorial and may solicit design proposals from

28  members of the public. The Commission on Veterans' Affairs, in

29  cooperation with the Department of Management Services and the

30  City of Tallahassee Capitol Center Planning Commission, shall

31  consider the location of the memorial within the Florida

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  Capitol Center Planning District. On or before January 31,

  2  2002, the Commission on Veterans' Affairs shall submit to the

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

  4  House of Representatives its recommendations for the location

  5  and design of the memorial. The report must include an

  6  estimate of the cost to acquire the site for the memorial and

  7  of the cost to construct the memorial in accordance with the

  8  design proposal recommended by the Commission on Veterans'

  9  Affairs, as well as the life-cycle cost estimate required by

10  s. 255.255. The Department of Management Services shall assist

11  the Commission on Veterans' Affairs in preparing the estimates

12  for timely inclusion in the report.

13         Section 26.  (1)  All rules, regulations, or orders of

14  the Capitol Center Planning Commission regulating development

15  within the Capitol Center Planning District in effect at the

16  time of the effective date of this act shall remain in effect

17  until superseded by regulation or order of the City of

18  Tallahassee.

19         (2)  Any owner of property within the Capitol Center

20  Planning District who, prior to the effective date of this

21  act, has obtained any permit, certification, or other

22  development approval from the Capitol Center Planning

23  Commission shall be allowed to continue the development so

24  authorized in accordance with the regulations in effect at the

25  time of the issuance of such permit, certification, or other

26  development approval.

27         Section 27.  Section 282.3095, Florida Statutes, is

28  repealed.

29         Section 28.  Section 285.19, Florida Statutes, is

30  repealed.

31

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         Section 29.  Section 286.30, Florida Statutes, is

  2  repealed.

  3         Section 30.  Paragraph (d) of subsection (4) of section

  4  216.235, Florida Statutes, is amended to read:

  5         216.235  Innovation Investment Program; intent;

  6  definitions; composition and responsibilities of State

  7  Innovation Committee; responsibilities of the Department of

  8  Management Services, the Information Resource Commission, and

  9  the review board; procedures for innovative project

10  submission, review, evaluation, and approval; criteria to be

11  considered.--

12         (4)  There is hereby created the State Innovation

13  Committee, which shall have final approval authority as to

14  which innovative investment projects submitted under this

15  section shall be funded. Such committee shall be comprised of

16  five members. Appointed members shall serve terms of 1 year

17  and may be reappointed. The committee shall include:

18         (d)  One representative of the private sector appointed

19  by the Governor Commission on Government Accountability to the

20  People.

21

22  The Secretary of Management Services shall serve as an

23  alternate in the event a member is unable to attend the

24  committee meeting.

25         Section 31.  Section 391.222, Florida Statutes, is

26  repealed.

27         Section 32.  Subsection (4) of section 392.69, Florida

28  Statutes, is repealed.

29         Section 33.  Paragraph (a) of subsection (4) and

30  subsection (5) of section 402.40, Florida Statutes, are

31  amended to read:

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         402.40  Child welfare training.--

  2         (4)  CHILD WELFARE TRAINING TRUST FUND.--

  3         (a)  There is created within the State Treasury a Child

  4  Welfare Training Trust Fund to be used by the Department of

  5  Children and Family Services for the purpose of funding a

  6  comprehensive system of child welfare training, including the

  7  securing of consultants to develop the system and the

  8  developing of, the staff of the council, the expenses of the

  9  council members, the child welfare training academies that

10  include and the participation of dependency program staff in

11  the training.

12         (5)  ESTABLISHMENT OF TRAINING ACADEMIES.--The

13  department shall contract for the operation of one or more

14  training academies with Tallahassee Community College. The

15  number, location, and timeframe for establishment of

16  additional training academies shall be according to the

17  recommendation of the council as approved by the Secretary of

18  Children and Family Services.

19         Section 34.  Subsection (2) of section 404.056, Florida

20  Statutes, is repealed.

21         Section 35.  Section 430.05, Florida Statutes, is

22  repealed.

23         Section 36.  Section 440.4416, Florida Statutes, is

24  repealed.

25         Section 37.  Section 440.345, Florida Statutes, is

26  amended to read:

27         440.345  Reporting of attorney's fees.--All fees paid

28  to attorneys for services rendered under this chapter shall be

29  reported to the division as the division requires by rule. The

30  division shall annually summarize such data in a report to the

31  Workers' Compensation Oversight Board.

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         Section 38.  Subsections (13) and (14) of section

  2  440.49, Florida Statutes, are repealed, and subsection (2),

  3  paragraph (a) of subsection (9), and subsection (10) of that

  4  section are amended to read:

  5         440.49  Limitation of liability for subsequent injury

  6  through Special Disability Trust Fund.--

  7         (2)  DEFINITIONS.--As used in this section, the term:

  8         (a)  "Permanent physical impairment" means and is

  9  limited to the conditions listed in paragraph (6)(a).

10         (b)  "Preferred worker" means a worker who, because of

11  a permanent impairment resulting from a compensable injury or

12  occupational disease, is unable to return to the worker's

13  regular employment.

14         (c)  "Merger" describes or means that:

15         1.  If the permanent physical impairment had not

16  existed, the subsequent accident or occupational disease would

17  not have occurred;

18         2.  The permanent disability or permanent impairment

19  resulting from the subsequent accident or occupational disease

20  is materially and substantially greater than that which would

21  have resulted had the permanent physical impairment not

22  existed, and the employer has been required to pay, and has

23  paid, permanent total disability or permanent impairment

24  benefits for that materially and substantially greater

25  disability;

26         3.  The preexisting permanent physical impairment is

27  aggravated or accelerated as a result of the subsequent injury

28  or occupational disease, or the preexisting impairment has

29  contributed, medically and circumstantially, to the need for

30  temporary compensation, medical, or attendant care and the

31  employer has been required to pay, and has paid, temporary

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  compensation, medical, or attendant care benefits for the

  2  aggravated preexisting permanent impairment; or

  3         4.  Death would not have been accelerated if the

  4  permanent physical impairment had not existed.

  5         (d)  "Excess permanent compensation" means that

  6  compensation for permanent impairment, or permanent total

  7  disability or death benefits, for which the employer or

  8  carrier is otherwise entitled to reimbursement from the

  9  Special Disability Trust Fund.

10         (e)  "Administrator" means the entity selected by the

11  division commission to review, allow, deny, compromise,

12  controvert, and litigate claims of the Special Disability

13  Trust Fund.

14         (f)  "Corporation" means the Special Disability Trust

15  Fund Financing Corporation, as created under subsection (14).

16         (g)  "Commission" means the Special Disability Trust

17  Fund Privatization Commission, as created under subsection

18  (13).

19

20  In addition to the definitions contained in this subsection,

21  the division may by rule prescribe definitions that are

22  necessary for the effective administration of this section.

23         (9)  SPECIAL DISABILITY TRUST FUND.--

24         (a)  There is established in the State Treasury a

25  special fund to be known as the "Special Disability Trust

26  Fund," which shall be available only for the purposes stated

27  in this section; and the assets thereof may not at any time be

28  appropriated or diverted to any other use or purpose. The

29  Treasurer shall be the custodian of such fund, and all moneys

30  and securities in such fund shall be held in trust by such

31  Treasurer and shall not be the money or property of the state.

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  The Treasurer is authorized to disburse moneys from such fund

  2  only when approved by the division or corporation and upon the

  3  order of the Comptroller. The Treasurer shall deposit any

  4  moneys paid into such fund into such depository banks as the

  5  division or corporation may designate and is authorized to

  6  invest any portion of the fund which, in the opinion of the

  7  division, is not needed for current requirements, in the same

  8  manner and subject to all the provisions of the law with

  9  respect to the deposits of state funds by such Treasurer. All

10  interest earned by such portion of the fund as may be invested

11  by the Treasurer shall be collected by her or him and placed

12  to the credit of such fund.

13         (10)  DIVISION ADMINISTRATION OF FUND; CLAIMS; ADVISORY

14  COMMITTEE; EXPENSES.--The division or administrator shall

15  administer the Special Disability Trust Fund with authority to

16  allow, deny, compromise, controvert, and litigate claims made

17  against it and to designate an attorney to represent it in

18  proceedings involving claims against the fund, including

19  negotiation and consummation of settlements, hearings before

20  judges of compensation claims, and judicial review. The

21  division or administrator or the attorney designated by it

22  shall be given notice of all hearings and proceedings

23  involving the rights or obligations of such fund and shall

24  have authority to make expenditures for such medical

25  examinations, expert witness fees, depositions, transcripts of

26  testimony, and the like as may be necessary to the proper

27  defense of any claim. The division shall appoint an advisory

28  committee composed of representatives of management,

29  compensation insurance carriers, and self-insurers to aid it

30  in formulating policies with respect to conservation of the

31  fund, who shall serve without compensation for such terms as

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  specified by it, but be reimbursed for travel expenses as

  2  provided in s. 112.061. All expenditures made in connection

  3  with conservation of the fund, including the salary of the

  4  attorney designated to represent it and necessary travel

  5  expenses, shall be allowed and paid from the Special

  6  Disability Trust Fund as provided in this section upon the

  7  presentation of itemized vouchers therefor approved by the

  8  division.

  9         Section 39.  Section 442.105, Florida Statutes, is

10  repealed.

11         Section 40.  Subsection (26) of section 499.005,

12  Florida Statutes, and paragraph (c) of subsection (1) of

13  section 499.05, Florida Statutes, are repealed.

14         Section 41.  Paragraph (b) of subsection (1) of section

15  499.015, Florida Statutes, is amended to read:

16         499.015  Registration of drugs, devices, and cosmetics;

17  issuance of certificates of free sale.--

18         (1)

19         (b)  The department may not register any product that

20  does not comply with the Federal Food, Drug, and Cosmetic Act,

21  as amended, or Title 21 C.F.R., or that is not an approved

22  investigational drug as provided for in s. 499.018.

23  Registration of a product by the department does not mean that

24  the product does in fact comply with all provisions of the

25  Federal Food, Drug, and Cosmetic Act, as amended.

26         Section 42.  Section 548.045, Florida Statutes, is

27  repealed.

28         Section 43.  Subsection (2) of section 548.046, Florida

29  Statutes, is amended to read:

30         548.046  Physician's attendance at match; examinations;

31  cancellation of match.--

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         (2)  In addition to any other required examination,

  2  each participant shall be examined by the attending physician

  3  at the time of weigh-in. If the physician determines that a

  4  participant is physically or mentally unfit to proceed, the

  5  physician shall notify any commissioner or the commission

  6  representative who shall immediately cancel the match.  The

  7  examination shall conform to rules adopted by the commission

  8  based on the advice of the medical advisory council. The

  9  result of the examination shall be reported in a writing

10  signed by the physician and filed with the commission prior to

11  completion of the weigh-in.

12         Section 44.  Section 580.151, Florida Statutes, is

13  repealed.

14         Section 45.  Section 570.248, Florida Statutes, is

15  repealed.

16         Section 46.  Section 13 of chapter 99-332, Laws of

17  Florida, is repealed.

18         Section 47.  Section 11 of chapter 99-354, Laws of

19  Florida, and subsection (11) of section 240.5186, Florida

20  Statutes, are repealed.

21         Section 48.  Section 6 of chapter 99-393, Laws of

22  Florida, is repealed.

23         Section 49.  Section 192 of chapter 99-397, Laws of

24  Florida, is repealed.

25         Section 50.  The Diversity Council and the State

26  Customer Advisory Council created pursuant to authority of the

27  Department of Labor and Employment Security under section

28  20.171, Florida Statutes, are abolished.

29         Section 51.  The Florida Business Partners for

30  Prevention created pursuant to authority of the Department of

31

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1  Juvenile Justice under s. 20.316, Florida Statutes, is

  2  abolished.

  3         Section 52.  The State Agency Law Enforcement Radio

  4  System Review Panel created pursuant to authority of the

  5  Department of Management Services under section 282.111,

  6  Florida Statutes, is abolished.

  7         Section 53.  The Driver's Under the Influence (DUI)

  8  Advisory Council and the Florida Rider Training Program

  9  Citizen Motorcycle Safety Council created pursuant to

10  authority of the Department of Highway Safety and Motor

11  Vehicles under section 322.025, Florida Statutes, are

12  abolished.

13         Section 54.  The following councils, created pursuant

14  to section 570.0705, Florida Statutes, are abolished:

15         (1)  Agriculture and Livestock Fair Council.

16         (2)  Bonifay State Farmers Market Advisory Council.

17         (3)  Florida City State Farmers Market Advisory

18  Committee.

19         (4)  Fort Myers State Farmers Market Advisory Council.

20         (5)  Fort Pierce State Farmers Market Advisory Council.

21         (6)  Gadsden County State Farmers Market Advisory

22  Council.

23         (7)  Immokalee State Farmers Market Advisory Council.

24         (8)  Nitrate Bill Best Management Practices Advisory

25  Group.

26         (9)  Palatka State Farmers Market Advisory Council.

27         (10)  Plant City State Farmers Market Advisory Council.

28         (11)  Racing Quarter Horse Advisory Council.

29         (12)  Sanford State Farmers Market Advisory Council.

30         (13)  Seed Potato Advisory Council.

31         (14)  Starke State Farmers Market Advisory Council.

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    Florida Senate - 2001                                  SB 1410
    15-1069-01                                          See HB 501




  1         (15)  Suwannee Valley State Farmers Market Advisory

  2  Council.

  3         (16)  Trenton State Farmers Market Advisory Council.

  4         (17)  Tropical Soda Apple Task Force.

  5         (18)  Wauchula State Farmers Market Advisory Council.

  6         Section 55.  This act shall take effect June 30, 2001.

  7

  8            *****************************************

  9                       LEGISLATIVE SUMMARY

10    Abolishes various boards, commissions, councils, and
      other entities. (See bill for details.)
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CODING: Words stricken are deletions; words underlined are additions.