Senate Bill sb0278e1

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    SB 278                                         First Engrossed



  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 215.96, 216.015, 216.177, 216.181,

  4         216.348, 218.21, 228.082, 228.195, 229.006,

  5         229.085, 229.57, 231.262, 231.6215, 232.50,

  6         233.0655, 233.068, 235.26, 236.1225, 240.145,

  7         240.2995, 240.345, 240.40208, 240.5285,

  8         240.529, 240.711, 252.32, 252.34, 252.35,

  9         252.36, 252.38, 252.46, 252.47, 252.50, 252.52,

10         253.115, 253.7829, 255.101, 255.102, 255.25,

11         255.5535, 259.037, 259.101, 265.284, 267.171,

12         282.303, 283.33, 285.18, 287.042, 287.055,

13         287.057, 287.0943, 288.012, 288.106, 288.1066,

14         288.1167, 288.1169, 288.1229, 290.0058,

15         290.0065, 290.007, 320.0848, 320.20, 320.27,

16         323.001, 328.16, 331.304, and 348.7543, F.S.;

17         reenacting ss. 216.292(1)(b), 228.056(10),

18         231.600, 259.032(12), 265.284(4),

19         287.055(4)(b), and 322.051(1), F.S.; and

20         repealing ss. 236.25(5)(b)1.-3., 288.7771(1),

21         F.S., pursuant to s. 11.242, F.S.; deleting

22         provisions which have expired, have become

23         obsolete, have had their effect, have served

24         their purpose, or have been impliedly repealed

25         or superseded; replacing incorrect

26         cross-references and citations; correcting

27         grammatical, typographical, and like errors;

28         removing inconsistencies, redundancies, and

29         unnecessary repetition in the statutes;

30         improving the clarity of the statutes and

31         facilitating their correct interpretation; and


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    SB 278                                         First Engrossed



  1         confirming the restoration of provisions

  2         unintentionally omitted from republication in

  3         the acts of the Legislature during the

  4         amendatory process.

  5

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

  7

  8         Section 1.  Paragraph (a) of subsection (3) of section

  9  215.96, Florida Statutes, is amended to read:

10         215.96  Coordinating council and design and

11  coordination staff.--

12         (3)  The coordinating council, assisted by the design

13  and coordination staff, shall have the following duties,

14  powers, and responsibilities pertaining to the Florida

15  Financial Management Information System:

16         (a)  To conduct such studies and to establish

17  committees, workgroups, and teams to develop recommendations

18  for rules, policies, procedures, principles, and standards to

19  the board as necessary to assist the board in its efforts to

20  design, implement, and perpetuate a financial management

21  information system, including, but not limited to, the

22  establishment of common data codes, the development of

23  integrated financial management policies that address the

24  information and management needs of the functional owner

25  subsystems, and the development of a strategic plan pursuant

26  to the requirements set forth in s. 186.022 186.022(9). The

27  coordinating council shall make available a copy of the

28  approved plan in writing or through electronic means to each

29  of the coordinating council members, the fiscal committees of

30  the Legislature, and any interested person.

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    SB 278                                         First Engrossed



  1         Reviser's note.--Amended to conform to the

  2         deletion of subunits from s. 186.022 by s. 43,

  3         ch. 2000-371, Laws of Florida; the remaining

  4         language is similar to former subsection (9).

  5

  6         Section 2.  Subsection (1) of section 216.015, Florida

  7  Statutes, is amended to read:

  8         216.015  Capital facilities planning and budgeting

  9  process.--

10         (1)  Sections 216.015-216.016 216.015-216.0162 may be

11  cited as the "Capital Facilities Planning and Budgeting Act."

12

13         Reviser's note.--Amended to conform to the

14         repeal of s. 216.0162 by s. 61, ch. 2000-371,

15         Laws of Florida.

16

17         Section 3.  Subsection (4) of section 216.177, Florida

18  Statutes, is amended to read:

19         216.177  Appropriations acts, statement of intent,

20  violation, notice, review and objection procedures.--

21         (4)  Notwithstanding the 14-day notice requirements of

22  this section, and for the 2000-2001 fiscal year only, the

23  Department of Children and Family Services is required to

24  provide notice of proposed transfers submitted pursuant to s.

25  20.19(5)(b) 20.19(10)(c)8. to the Executive Office of the

26  Governor and the chairs of the legislative appropriations

27  committees at least 3 working days prior to their

28  implementation.

29

30

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    SB 278                                         First Engrossed



  1         Reviser's note.--Amended to conform to the

  2         substantial rewording of s. 20.19 by s. 2, ch.

  3         2000-139, Laws of Florida.

  4

  5         Section 4.  Subsection (5) of section 216.181, Florida

  6  Statutes, is amended to read:

  7         216.181  Approved budgets for operations and fixed

  8  capital outlay.--

  9         (5)  An amendment for an information resources

10  management project or initiative that involves more than one

11  agency, has an outcome that impacts another agency, or exceeds

12  $500,000 in total cost over a 1-year period, except for those

13  projects that are a continuation of hardware or software

14  maintenance or software licensing agreements, or that are for

15  desktop replacement that is similar to the technology

16  currently in use must be reviewed by the Technology Review

17  Workgroup pursuant to s. 216.0446 216.0466 and approved by the

18  Executive Office of the Governor for the executive branch or

19  by the Chief Justice for the judicial branch, and shall be

20  subject to the notice and review procedures set forth in s.

21  216.177.

22

23         Reviser's note.--Amended to correct an apparent

24         error. Section 216.0466 does not exist; the

25         Technology Review Workgroup is provided for in

26         s. 216.0446.

27

28         Section 5.  Paragraph (b) of subsection (1) of section

29  216.292, Florida Statutes, is reenacted to read:

30         216.292  Appropriations nontransferable; exceptions.--

31         (1)


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    SB 278                                         First Engrossed



  1         (b)  The Department of Children and Family Services and

  2  the Agency for Health Care Administration may transfer general

  3  revenue funds as necessary to comply with any provision of the

  4  General Appropriations Act that requires or specifically

  5  authorizes the transfer of general revenue funds between these

  6  two agencies.

  7

  8         Reviser's note.--Reenacted to confirm the

  9         existence of paragraph (1)(b). The paragraph

10         was repealed by s. 9, ch. 2000-157, Laws of

11         Florida, a reviser's bill, to conform to the

12         July 1, 1999, repeal of the paragraph by its

13         own terms. Section 34, ch. 2000-371, Laws of

14         Florida, nullified the July 1, 1999, repeal

15         language and deleted language referencing the

16         1998-1999 fiscal year.

17

18         Section 6.  Paragraph (c) of subsection (3) of section

19  216.348, Florida Statutes, is amended to read:

20         216.348  Fixed capital outlay grants and aids

21  appropriations to certain nonprofit entities.--If a bill

22  appropriating a fixed capital outlay grants and aids

23  appropriation requires compliance with this section, the

24  following conditions shall apply, except to the extent that

25  such bill modifies these conditions:

26         (3)

27         (c)  All agreements required by this subsection shall:

28         1.  Require the grantee to continue the operation,

29  maintenance, repair, and administration of the property in

30  accordance with the purposes for which the funds were

31  originally appropriated and for the period of time expressly


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    SB 278                                         First Engrossed



  1  specified by the bill appropriating the grant. If the bill

  2  appropriating the grant does not specify a time period, the

  3  administering agency shall determine a reasonable period of

  4  time.

  5         2.  Provide that if the grantee fails, during the term

  6  of the agreement, to operate, maintain, repair, and administer

  7  the property in accordance with the purposes for which the

  8  funds were originally granted, the grantee shall return to the

  9  administering agency, no later than upon demand by the

10  administering agency, an amount calculated as follows:

11         a.  If the bill appropriating the grant states a

12  specific repayment formula, that formula shall be used;

13         b.  If the bill appropriating the grant states a

14  specific period of time but does not specify a repayment

15  formula, the amount to be returned shall be calculated on a

16  pro rata basis for that period of time; or

17         c.  If the bill appropriating the grant does not state

18  a specific period of time or formula, the amount to be

19  returned shall be specified by the administering agency, which

20  shall be no less than the full amount of the grant less

21  $100,000 or 10 percent of the grant, whichever is more, for

22  each full year for which the property was used for such

23  purposes.

24

25  The administering agency shall deposit all funds returned by

26  the grantee into the state fund from which the grant was

27  originally made.

28         3.  Require that the grantee adopt an accounting

29  system, in compliance with generally accepted accounting

30  principles, which shall provide for a complete record of the

31


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    SB 278                                         First Engrossed



  1  use of the grant money. In addition, the provisions of s.

  2  215.97 216.3491 shall apply.

  3         4.  Provide that the grantee shall indemnify, defend,

  4  and hold the administering agency harmless from and against

  5  any and all claims or demands for damages resulting from

  6  personal injury, including death or damage to property,

  7  arising out of or relating to the subject property or the use

  8  of the grant money. The agreement shall require the grantee to

  9  purchase and maintain insurance on behalf of directors,

10  officers, and employees of the grantee against any personal

11  liability or accountability by reason of actions taken while

12  acting within the scope of their authority. The administering

13  agency shall be immune from civil or criminal liability

14  resulting from acts or omissions of the grantee and the

15  grantee's agents, employees, or assigns.

16         5.  Require the grantee to return any portion of the

17  grant money received that is not necessary to the purchase of

18  the land, or to the cost of the improvements, renovations, and

19  personalty, for which the grant was awarded.

20

21         Reviser's note.--Amended to conform to the

22         redesignation of s. 216.3491 as s. 215.97 by s.

23         58, ch. 2000-371, Laws of Florida.

24

25         Section 7.  Subsections (6) and (10) of section 218.21,

26  Florida Statutes, are amended to read:

27         218.21  Definitions.--As used in this part, the

28  following words and terms shall have the meanings ascribed

29  them in this section, except where the context clearly

30  indicates a different meaning:

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    SB 278                                         First Engrossed



  1         (6)  "Guaranteed entitlement" means the amount of

  2  revenue which must be shared with an eligible unit of local

  3  government so that:

  4         (a)  No eligible county shall receive less funds from

  5  the Revenue Sharing Trust Fund for Counties in any fiscal year

  6  than the amount received in the aggregate from the state in

  7  fiscal year 1971-1972 under the provisions of the

  8  then-existing s. 210.20(2)(c), tax on cigarettes; the

  9  then-existing s. 323.16(4), road tax; and the then-existing s.

10  199.292(4), tax on intangible personal property.

11         (b)  No eligible municipality shall receive less funds

12  from the Revenue Sharing Trust Fund for Municipalities in any

13  fiscal year than the aggregate amount it received from the

14  state in fiscal year 1971-1972 under the provisions of the

15  then-existing s. 210.20(2)(a), tax on cigarettes; the

16  then-existing s. 323.16(3), road tax; and s. 206.605, tax on

17  motor fuel. Any government exercising municipal powers under

18  s. 6(f), Art. VIII of the State Constitution may not receive

19  less than the aggregate amount it received from the Revenue

20  Sharing Trust Fund for Municipalities in the preceding fiscal

21  year, plus a percentage increase in such amount equal to the

22  percentage increase of the Revenue Sharing Trust Fund for

23  Municipalities for the preceding fiscal year.

24         (10)  "Second guaranteed entitlement for counties"

25  means the amount of revenue received in the aggregate by an

26  eligible county in fiscal year 1981-1982 under the provisions

27  of the then-existing s. 210.20(2)(a), tax on cigarettes, and

28  the then-existing s. 199.292(4), tax on intangible personal

29  property, less the guaranteed entitlement.  For any fiscal

30  year, each eligible county shall be entitled to receive the

31  second guaranteed entitlement for counties from the Revenue


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    SB 278                                         First Engrossed



  1  Sharing Trust Fund for Counties.  The second guaranteed

  2  entitlement for counties shall be deemed separate and apart

  3  from the guaranteed entitlement and shall not be deemed to be

  4  a part of the guaranteed entitlement for purposes of any

  5  indenture, contract, or pledge to holders of obligations

  6  issued by any county.

  7

  8         Reviser's note.--Section 323.16 was repealed by

  9         s. 2, ch. 83-84, Laws of Florida. Section

10         199.292(4), as designated during fiscal years

11         1971-1972 and 1981-1982, was redesignated as s.

12         199.292(3) by s. 27, ch. 85-342, Laws of

13         Florida.

14

15         Section 8.  Subsection (10) of section 228.056, Florida

16  Statutes, is reenacted to read:

17         228.056  Charter schools.--

18         (10)  CAUSES FOR NONRENEWAL OR TERMINATION.--

19         (a)  At the end of the term of a charter, the sponsor

20  may choose not to renew the charter for any of the following

21  grounds:

22         1.  Failure to meet the requirements for student

23  performance stated in the charter.

24         2.  Failure to meet generally accepted standards of

25  fiscal management.

26         3.  Violation of law.

27         4.  Other good cause shown.

28         (b)  During the term of a charter, the sponsor may

29  terminate the charter for any of the grounds listed in

30  paragraph (a).

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    SB 278                                         First Engrossed



  1         (c)  At least 90 days prior to renewing or terminating

  2  a charter, the sponsor shall notify the governing body of the

  3  school of the proposed action in writing.  The notice shall

  4  state in reasonable detail the grounds for the proposed action

  5  and stipulate that the school's governing body may, within 14

  6  calendar days after receiving the notice, request an informal

  7  hearing before the sponsor. The sponsor shall conduct the

  8  informal hearing within 30 calendar days after receiving a

  9  written request. The charter school's governing body may,

10  within 14 calendar days after receiving the sponsor's decision

11  to terminate or refuse to renew the charter, appeal the

12  decision pursuant to the procedure established in subsection

13  (4).

14         (d)  A charter may be terminated immediately if the

15  sponsor determines that good cause has been shown or if the

16  health, safety, or welfare of the students is threatened. The

17  school district in which the charter school is located shall

18  assume operation of the school under these circumstances.

19         (e)  When a charter is not renewed or is terminated,

20  the school shall be dissolved under the provisions of law

21  under which the school was organized, and any unencumbered

22  funds from the charter school shall revert to the district

23  school board.  In the event a charter school is dissolved or

24  is otherwise terminated, all district school board property

25  and improvements, furnishings, and equipment purchased with

26  public funds shall automatically revert to full ownership by

27  the district school board, subject to complete satisfaction of

28  any lawful liens or encumbrances.

29         (f)  If a charter is not renewed or is terminated, the

30  governing body of the school is responsible for all debts of

31  the charter school. The district may not assume the debt from


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    SB 278                                         First Engrossed



  1  any contract for services made between the governing body of

  2  the school and a third party, except for a debt that is

  3  previously detailed and agreed upon in writing by both the

  4  district and the governing body of the school and that may not

  5  reasonably be assumed to have been satisfied by the district.

  6         (g)  If a charter is not renewed or is terminated, a

  7  student who attended the school may apply to, and shall be

  8  enrolled in, another public school. Normal application

  9  deadlines shall be disregarded under such circumstances.

10

11         Reviser's note.--Section 3, ch. 2000-306, Laws

12         of Florida, purported to amend s. 228.056, but

13         failed to publish paragraph (10)(d). In the

14         absence of affirmative evidence that the

15         Legislature intended to repeal paragraph

16         (10)(d), subsection (10) is reenacted to

17         confirm that the omission was not intended.

18

19         Section 9.  Paragraph (c) of subsection (2) of section

20  228.082, Florida Statutes, is amended to read:

21         228.082  The Florida On-Line High School.--

22         (2)  The Florida On-Line High School shall be governed

23  by a board of trustees comprised of seven members appointed by

24  the Governor to 4-year staggered terms, one of whom shall be

25  the current chair of the Florida High School Advisory Board

26  and one of whom shall be a representative of the fiscal agent,

27  and one of whom shall be the Chief Information Officer or his

28  designee from the State Technology Office pursuant to ch.

29  2000-164, Laws of Florida. The board shall be a public agency

30  entitled to sovereign immunity pursuant to s. 768.28, and

31  board members shall be public officers who shall bear


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    SB 278                                         First Engrossed



  1  fiduciary responsibility for the Florida On-Line High School.

  2  The board of trustees shall have the following powers and

  3  duties:

  4         (c)  The fiscal year for the Florida On-Line High

  5  School shall be the state fiscal year as provided in s.

  6  216.011(1)(o) 216.011(1)(n).

  7

  8  The Governor shall designate the initial chair of the board of

  9  trustees to serve a term of 4 years. Members of the board of

10  trustees shall serve without compensation, but may be

11  reimbursed for per diem and travel expenses pursuant to s.

12  112.061. The board of trustees shall be a body corporate with

13  all the powers of a body corporate and such authority as is

14  needed for the proper operation and improvement of the Florida

15  On-Line High School. The board of trustees is specifically

16  authorized to adopt rules, policies, and procedures,

17  consistent with law related to governance, personnel, budget

18  and finance, administration, programs, curriculum and

19  instruction, travel and purchasing, technology, students,

20  contracts and grants, and property as necessary for optimal,

21  efficient operation of the Florida On-Line High School.

22  Tangible personal property owned by the board of trustees

23  shall be subject to the provisions of chapter 273.

24

25         Reviser's note.--Amended to conform to the

26         redesignation of s. 216.011(1)(n) as s.

27         216.011(1)(o) by s. 1, ch. 2000-371, Laws of

28         Florida.

29

30         Section 10.  Subsection (5) of section 228.195, Florida

31  Statutes, is amended to read:


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    SB 278                                         First Engrossed



  1         228.195  School food service programs.--

  2         (5)  SCHOOL BREAKFAST PROGRAMS.--

  3         (a)  Each school district shall implement school

  4  breakfast programs in all elementary schools by the beginning

  5  of the 1991-1992 school year. Breakfast programs shall make

  6  breakfast available to all students in kindergarten through

  7  grade 6 in each district school, unless the elementary school

  8  goes only through grade 5, in which case the requirement shall

  9  apply only through grade 5.  Breakfast programs shall be

10  phased in over a 3-year period, beginning July 1, 1989, and

11  ending June 30, 1992.

12         1.  The first phase shall be from July 1, 1989, to June

13  30, 1990. During the first phase, each school district shall

14  develop a 3-year plan for implementing breakfast programs in

15  all elementary schools.

16         2.  The second phase shall be from July 1, 1990, to

17  June 30, 1991. During the second phase, each school district

18  shall implement breakfast programs in elementary schools in

19  which 40 percent of the student population is eligible to be

20  served free and reduced price meals as reported for the second

21  preceding year, to the extent specifically funded in the

22  General Appropriations Act.

23         3.  The third phase shall be from July 1, 1991, to June

24  30, 1992. During the third phase and each year thereafter,

25  Each school district shall implement breakfast programs in all

26  elementary schools in which students are eligible for free and

27  reduced price lunch meals, to the extent specifically funded

28  in the General Appropriations Act.

29

30  The Commissioner of Education may grant a 1-year extension to

31  schools which cannot, for good cause, meet the deadlines


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    SB 278                                         First Engrossed



  1  specified in this paragraph. The commissioner may renew the

  2  extension for 1 additional year.  A school district may

  3  operate a breakfast program providing for food preparation at

  4  the school site or in central locations with distribution to

  5  designated satellite schools or any combination thereof.

  6         (b)1.  The commissioner shall make every reasonable

  7  effort to ensure that any school designated a "severe need

  8  school" receives the highest rate of reimbursement to which it

  9  is entitled pursuant to 42 U.S.C. s. 1773 for each free and

10  reduced price breakfast served.

11         2.  From July 1, 1989, to June 30, 1990, the Department

12  of Education shall award a one-time incentive grant, in the

13  amount specified in the General Appropriations Act, to each

14  school district for each elementary school which implements a

15  new breakfast program between April 1, 1989, and February 28,

16  1990. To be eligible for an incentive grant, a school shall

17  not have submitted a breakfast reimbursement claim within the

18  2 previous school years and shall have served breakfast after

19  March 31, 1989, but prior to February 28, 1990, and thereby

20  submitted breakfast reimbursement claims during the specified

21  months of service, April through February.  The total amount

22  of these incentive grants shall not exceed $200,000.  The

23  Department of Education shall calculate and distribute a

24  school district breakfast supplement for the 1990-1991 school

25  year and each school year thereafter.  The breakfast

26  supplement shall be calculated by multiplying the state

27  breakfast rate as specified in the General Appropriations Act

28  by the number of free and reduced price breakfast meals

29  served.

30         3.  Beginning with the 1990-1991 fiscal year, The

31  Legislature shall provide sufficient funds in the General


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    SB 278                                         First Engrossed



  1  Appropriations Act to reimburse participating school districts

  2  for the difference between the average federal reimbursement

  3  for free and reduced price breakfasts and the average

  4  statewide cost for breakfasts.

  5

  6         Reviser's note.--Amended to delete obsolete

  7         provisions.

  8

  9         Section 11.  Paragraph (a) of subsection (6) of section

10  229.006, Florida Statutes, is amended to read:

11         229.006  Education Governance Reorganization Transition

12  Task Force.--

13         (6)  By March 1, 2003, the transition task force shall

14  recommend to the Legislature:

15         (a)  Statutory changes necessary to accomplish the

16  policies and guiding principles of s. 229.002, including, but

17  not limited to, statutory changes necessitated by the repeal

18  and review provisions of s. 3(7), ch. 2000-321, Laws of

19  Florida subsection 3(8) of this act.

20

21         Reviser's note.--Amended to correct an apparent

22         error and facilitate correct interpretation.

23         The referenced provision does not exist, and s.

24         3(7), ch. 2000-321, Laws of Florida, provides

25         for repeal and review of numerous statutory

26         provisions relating to education.

27

28         Section 12.  Subsection (2) of section 229.085, Florida

29  Statutes, is amended to read:

30         229.085  Custody of educational funds.--

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    SB 278                                         First Engrossed



  1         (2)  There is created in the Department of Education

  2  the Projects, Contracts, and Grants Trust Fund.  If, in

  3  executing the terms of such grants or contracts for specific

  4  projects, the employment of personnel shall be required, such

  5  personnel shall not be subject to the requirements of s.

  6  216.262(1)(a).  The personnel employed to plan and administer

  7  such projects shall be considered in time-limited employment

  8  not to exceed the duration of the grant or until completion of

  9  the project, whichever first occurs.  Such employees shall not

10  acquire retention rights under the Career Service System, the

11  provisions of s. 110.051(1) to the contrary notwithstanding.

12  Any employee holding permanent career service status in a

13  Department of Education position who is appointed to a

14  position under the Projects, Contracts, and Grants Trust Fund

15  shall retain such permanent status in the career service

16  position.

17

18         Reviser's note.--Amended to conform to the

19         repeal of s. 110.051 by s. 42, ch. 79-190, Laws

20         of Florida.

21

22         Section 13.  Paragraph (a) of subsection (8) of section

23  229.57, Florida Statutes, is amended to read:

24         229.57  Student assessment program.--

25         (8)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

26  CATEGORIES.--School performance grade category designations

27  itemized in subsection (7) shall be based on the following:

28         (a)  Timeframes.--

29         1.  School performance grade category designations

30  shall be based on one school year of performance.

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    SB 278                                         First Engrossed



  1         2.  In school years 1998-1999 and 1999-2000, a school's

  2  performance grade category designation shall be determined by

  3  the student achievement levels on the FCAT, and on other

  4  appropriate performance data, including, but not limited to,

  5  attendance, dropout rate, school discipline data, and student

  6  readiness for college, in accordance with state board rule.

  7         2.3.  In the 2000-2001 school year, a school's

  8  performance grade category designation shall be based on a

  9  combination of student achievement scores as measured by the

10  FCAT, on the degree of measured learning gains of the

11  students, and on other appropriate performance data,

12  including, but not limited to, dropout rate and student

13  readiness for college.

14         3.4.  Beginning with the 2001-2002 school year and

15  thereafter, a school's performance grade category designation

16  shall be based on student learning gains as measured by annual

17  FCAT assessments in grades 3 through 10, and on other

18  appropriate performance data, including, but not limited to,

19  dropout rate, cohort graduation rate, and student readiness

20  for college.

21

22  The Department of Education shall study the effects of

23  mobility on the performance of highly mobile students and

24  recommend programs to improve the performance of such

25  students. The state board shall adopt appropriate criteria for

26  each school performance grade category. The criteria must also

27  give added weight to student achievement in reading. Schools

28  designated as performance grade category "C," making

29  satisfactory progress, shall be required to demonstrate that

30  adequate progress has been made by students who have scored

31


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    SB 278                                         First Engrossed



  1  among the lowest 25 percent of students in the state as well

  2  as by the overall population of students in the school.

  3

  4         Reviser's note.--Amended to delete provisions

  5         that have served their purpose.

  6

  7         Section 14.  Subsection (4) of section 231.262, Florida

  8  Statutes, is amended to read:

  9         231.262  Complaints against teachers and

10  administrators; procedure; penalties.--

11         (4)  The complaint and all information obtained

12  pursuant to the investigation by the department shall be

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

14  until the conclusion of the preliminary investigation of the

15  complaint, until such time as the preliminary investigation

16  ceases to be active, or until such time as otherwise provided

17  by s. 231.263(6). However, the complaint and all material

18  assembled during the investigation may be inspected and copied

19  by the certificateholder under investigation, or the

20  certificateholder's designee, after the investigation is

21  concluded, but prior to the determination of probable cause by

22  the commissioner. If the preliminary investigation is

23  concluded with the finding that there is no probable cause to

24  proceed, the complaint and information shall be open

25  thereafter to inspection pursuant to s. 119.07(1). If the

26  preliminary investigation is concluded with the finding that

27  there is probable cause to proceed and a complaint is filed

28  pursuant to subsection (5), the complaint and information

29  shall be open thereafter to inspection pursuant to s.

30  119.07(1) 119.97(1). If the preliminary investigation ceases

31  to be active, the complaint and all such material shall be


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    SB 278                                         First Engrossed



  1  open thereafter to inspection pursuant to s. 119.07(1), except

  2  as otherwise provided pursuant to s. 231.263(6) 231.263(6)(d).

  3  For the purpose of this subsection, a preliminary

  4  investigation shall be considered active as long as it is

  5  continuing with a reasonable, good faith anticipation that an

  6  administrative finding will be made in the foreseeable future.

  7

  8         Reviser's note.--Amended to provide contextual

  9         consistency. There is no s. 119.97(1); s.

10         119.07(1) relates to inspection of records. The

11         reference to s. 231.263(6)(d) is incorrect; it

12         does not exist.

13

14         Section 15.  Section 231.600, Florida Statutes, is

15  reenacted to read:

16         231.600  School Community Professional Development

17  Act.--

18         (1)  The Department of Education, public community

19  colleges and universities, public school districts, and public

20  schools in this state shall collaborate to establish a

21  coordinated system of professional development. The purpose of

22  the professional development system is to enable the school

23  community to meet state and local student achievement

24  standards and the state education goals and to succeed in

25  school improvement as described in s. 229.591.

26         (2)  The school community includes administrative

27  personnel, managers, instructional personnel, support

28  personnel, members of district school boards, members of

29  school advisory councils, parents, business partners, and

30  personnel that provide health and social services to school

31  children.  School districts may identify and include


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    SB 278                                         First Engrossed



  1  additional members of the school community in the professional

  2  development activities required by this section.

  3         (3)  The activities designed to implement this section

  4  must:

  5         (a)  Increase the success of educators in guiding

  6  student learning and development so as to implement state and

  7  local educational standards, goals, and initiatives;

  8         (b)  Assist the school community in providing

  9  stimulating educational activities that encourage and motivate

10  students to achieve at the highest levels and to become active

11  learners; and

12         (c)  Provide continuous support for all education

13  professionals as well as temporary intervention for education

14  professionals who need improvement in knowledge, skills, and

15  performance.

16         (4)  The Department of Education, school districts,

17  schools, and public colleges and universities share the

18  responsibilities described in this section.  These

19  responsibilities include the following:

20         (a)  The department shall develop and disseminate to

21  the school community model professional development methods

22  and programs that have demonstrated success in meeting

23  identified student needs.  The Commissioner of Education shall

24  use data on student achievement to identify student needs. The

25  methods of dissemination must include a statewide performance

26  support system, a database of exemplary professional

27  development activities, a listing of available professional

28  development resources, training programs, and technical

29  assistance.

30         (b)  Each school district shall develop a professional

31  development system. The system shall be developed in


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    SB 278                                         First Engrossed



  1  consultation with teachers and representatives of college and

  2  university faculty, community agencies, and other interested

  3  citizen groups to establish policy and procedures to guide the

  4  operation of the district professional development program.

  5  The professional development system must:

  6         1.  Be approved by the department. All substantial

  7  revisions to the system shall be submitted to the department

  8  for review for continued approval.

  9         2.  Require the use of student achievement data; school

10  discipline data; school environment surveys; assessments of

11  parental satisfaction; performance appraisal data of teachers,

12  managers, and administrative personnel; and other performance

13  indicators to identify school and student needs that can be

14  met by improved professional performance.

15         3.  Provide inservice activities coupled with followup

16  support that are appropriate to accomplish district-level and

17  school-level improvement goals and standards. The inservice

18  activities for instructional personnel shall primarily focus

19  on subject content and teaching methods, including technology,

20  as related to the Sunshine State Standards, assessment and

21  data analysis, classroom management, and school safety.

22         4.  Include a master plan for inservice activities,

23  pursuant to rules of the State Board of Education, for all

24  district employees from all fund sources. The master plan

25  shall be updated annually by September 1 using criteria for

26  continued approval as specified by rules of the State Board of

27  Education. Written verification that the inservice plan meets

28  all requirements of this section must be submitted annually to

29  the commissioner by October 1.

30         5.  Require each school principal to establish and

31  maintain an individual professional development plan for each


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    SB 278                                         First Engrossed



  1  instructional employee assigned to the school. The individual

  2  professional development plan must:

  3         a.  Be related to specific performance data for the

  4  students to whom the teacher is assigned.

  5         b.  Define the inservice objectives and specific

  6  measurable improvements expected in student performance as a

  7  result of the inservice activity.

  8         c.  Include an evaluation component that determines the

  9  effectiveness of the professional development plan.

10         6.  Include inservice activities for school

11  administrative personnel that address updated skills necessary

12  for effective school management and instructional leadership.

13         7.  Provide for systematic consultation with regional

14  and state personnel designated to provide technical assistance

15  and evaluation of local professional development programs.

16         8.  Provide for delivery of professional development by

17  distance learning and other technology-based delivery systems

18  to reach more educators at lower costs.

19         9.  Provide for the continuous evaluation of the

20  quality and effectiveness of professional development programs

21  in order to eliminate ineffective programs and strategies and

22  to expand effective ones. Evaluations must consider the impact

23  of such activities on the performance of participating

24  educators and their students' achievement and behavior.

25         (c)  Each public community college and university shall

26  assist the department, school districts, and schools in the

27  design, delivery, and evaluation of professional development

28  activities. This assistance must include active participation

29  in state and local activities required by the professional

30  development system.

31


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    SB 278                                         First Engrossed



  1         (5)(a)  The Department of Education shall provide a

  2  system for the recruitment, preparation, and professional

  3  development of school administrative personnel. This system

  4  shall:

  5         1.  Identify the knowledge, competencies, and skills

  6  necessary for effective school management and instructional

  7  leadership that align with student performance standards and

  8  accountability measures.

  9         2.  Include performance evaluation methods.

10         3.  Provide for alternate means for preparation of

11  school administrative personnel which may include programs

12  designed by school districts and institutions of higher

13  education pursuant to guidelines developed by the

14  commissioner. Such preparation programs shall be approved by

15  the Department of Education.

16         4.  Provide for the hiring of qualified out-of-state

17  school administrative personnel.

18         5.  Provide advanced educational opportunities for

19  school-based instructional leaders.

20         (b)  The Commissioner of Education shall appoint a task

21  force that includes a school district superintendent, a

22  district school board member, a principal, an assistant

23  principal, a teacher, a dean of a college of education, and

24  parents. The task force shall convene periodically to provide

25  recommendations to the department in the areas of recruitment,

26  certification, preparation, professional development, and

27  evaluation of school administrators.

28         (6)  Each district school board shall provide funding

29  for the professional development system as required by s.

30  236.081 and the General Appropriations Act, and shall direct

31  expenditures from other funding sources to strengthen the


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    SB 278                                         First Engrossed



  1  system and make it uniform and coherent.  A school district

  2  may coordinate its professional development program with that

  3  of another district, with an educational consortium, or with a

  4  college or university, especially in preparing and educating

  5  personnel. Each district school board shall make available

  6  inservice activities to instructional personnel of nonpublic

  7  schools in the district and the state certified teachers who

  8  are not employed by the district school board on a fee basis

  9  not to exceed the cost of the activity per all participants.

10         (7)  An organization of nonpublic schools which has no

11  fewer than 10 member schools in this state, which publishes

12  and files with the Department of Education copies of its

13  standards, and the member schools of which comply with the

14  provisions of chapter 232, relating to compulsory school

15  attendance, may also develop a professional development system

16  that includes a master plan for inservice activities. The

17  system and inservice plan must be submitted to the

18  commissioner for approval pursuant to rules of the State Board

19  of Education.

20         (8)  The Department of Education shall design methods

21  by which the state and district school boards may evaluate and

22  improve the professional development system.  The evaluation

23  must include an annual assessment of data that indicate

24  progress or lack of progress of all students. If the review of

25  the data indicates progress, the department shall identify the

26  best practices that attributed to the progress. If the review

27  of the data indicates a lack of progress, the department shall

28  investigate the causes of the lack of progress, provide

29  technical assistance, and require the school district to

30  employ a different approach to professional development. The

31  department shall report annually to the State Board of


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    SB 278                                         First Engrossed



  1  Education and the Legislature any school district that, in the

  2  determination of the department, has failed to provide an

  3  adequate professional development system.  This report must

  4  include the results of the department's investigation and of

  5  any intervention provided.

  6         (9)  The State Board of Education may adopt rules

  7  pursuant to ss. 120.536(1) and 120.54 to administer this

  8  section.

  9         (10)  This section does not limit or discourage a

10  district school board from contracting with independent

11  entities for professional development services and inservice

12  education if the district school board believes that, through

13  such a contract, a better product can be acquired or its goals

14  for education improvement can be better met.

15         (11)  For teachers, managers, and administrative

16  personnel who have been evaluated as less than satisfactory, a

17  district school board shall require participation in specific

18  professional development programs as part of the improvement

19  prescription.

20

21         Reviser's note.--Reenacted to confirm the

22         existence of s. 231.600, which was repealed

23         October 1, 1995, by s. 21, ch. 85-238, Laws of

24         Florida, but prior to that date was

25         substantially reworded by s. 1, ch. 95-236,

26         Laws of Florida, effective June 9, 1995;

27         further amended by s. 10, ch. 98-281, Laws of

28         Florida; s. 60, ch. 99-398, Laws of Florida;

29         and s. 48, ch. 2000-301, Laws of Florida.

30

31


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    SB 278                                         First Engrossed



  1         Section 16.  Subsection (1) of section 231.6215,

  2  Florida Statutes, is amended to read:

  3         231.6215  Student Fellowship Program.--

  4         (1)  The Student Fellowship Program is created to

  5  provide 2-year scholarship loans of $6,500 per year to

  6  students who are residents of this state and who are rising

  7  juniors at a state community college, state university, or

  8  independent postsecondary education institution that is

  9  eligible to participate in the William L. Boyd, IV, Florida

10  Resident Access Grant Program Florida Resident Access Grant or

11  to education paraprofessional learning guides, as defined in

12  s. 231.700(3), who are pursuing a bachelor's degree in order

13  to become an associate teacher, as defined in s. 231.700(3).

14

15         Reviser's note.--Amended to conform to the

16         title of the program as provided in s. 240.605.

17

18         Section 17.  Section 232.50, Florida Statutes, is

19  amended to read:

20         232.50  Child abuse, abandonment, and neglect

21  policy.--Every school board shall by March 1, 1985:

22         (1)  Post in a prominent place in each school a notice

23  that, pursuant to chapter 39, all employees or agents of the

24  district school board have an affirmative duty to report all

25  actual or suspected cases of child abuse, abandonment, or

26  neglect, have immunity from liability if they report such

27  cases in good faith, and have a duty to comply with child

28  protective investigations and all other provisions of law

29  relating to child abuse, abandonment, and neglect.  The notice

30  shall also include the statewide toll-free telephone number of

31  the central abuse hotline.


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    SB 278                                         First Engrossed



  1         (2)  Provide that the superintendent, or the

  2  superintendent's designee, at the request of the Department of

  3  Children and Family Services, will act as a liaison to the

  4  Department of Children and Family Services and the child

  5  protection team, as defined in s. 39.01, when in a case of

  6  suspected child abuse, abandonment, or neglect or an unlawful

  7  sexual offense involving a child the case is referred to such

  8  a team; except that this subsection may in no instance be

  9  construed as relieving or restricting the Department of

10  Children and Family Services from discharging its duty and

11  responsibility under the law to investigate and report every

12  suspected or actual case of child abuse, abandonment, or

13  neglect or unlawful sexual offense involving a child.

14

15  Each district school board shall comply with the provisions of

16  this section, and such board shall notify the Department of

17  Education and the Department of Children and Family Services

18  of its compliance by March 1, 1985.

19

20         Reviser's note.--Amended to delete provisions

21         that have served their purpose.

22

23         Section 18.  Section 233.0655, Florida Statutes, is

24  amended to read:

25         233.0655  Patriotic programs; rules.--Each district

26  school board is authorized to adopt rules to require, in all

27  of the schools of the district, programs of a patriotic nature

28  to encourage greater respect for the government of the United

29  States and its national anthem and flag, subject always to

30  other existing pertinent laws of the United States or of the

31  state; provided, that when the national anthem is played,


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    SB 278                                         First Engrossed



  1  students and all civilians shall stand at attention, men

  2  removing the headdress, except when such headdress is worn for

  3  religious purposes; and provided, further, that the pledge of

  4  allegiance to the flag, "I pledge allegiance to the flag of

  5  the United States of America and to the republic for which it

  6  stands, one nation under God, indivisible, with liberty and

  7  justice for all," shall be rendered by students standing with

  8  the right hand over the heart. The pledge of allegiance to the

  9  flag, as stated herein, shall be recited at the beginning of

10  the day in each elementary and secondary public school in the

11  state. Each student shall be informed by posting a notice in a

12  conspicuous place that the student has the right not to

13  participate in reciting the pledge. Upon written request by

14  his or her parent or guardian, the student must be excused

15  from reciting the pledge. When the pledge is given, civilians

16  must show full respect to the flag by standing at attention,

17  men removing the headdress, except when such headdress is worn

18  for religious purposes, as provided by Pub. L. ch. 77-435 No.

19  623, s. 7, approved June 22, 1942, 56 Stat. 377, as amended by

20  Pub. L. ch. 77-806 No. 829, 56 Stat. 1074, approved December

21  22, 1942.

22

23         Reviser's note.--Amended to conform to the

24         correct citations to the referenced material.

25

26         Section 19.  Paragraph (a) of subsection (2) of section

27  233.068, Florida Statutes, is amended to read:

28         233.068  Job-related vocational instruction.--

29         (2)  OPEN-ENTRY PROGRAMS IN CAREER DEVELOPMENT AND

30  APPLIED TECHNOLOGY.--By the 1998-1999 school year, up to 30

31  school districts may establish programs in which students who


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    SB 278                                         First Engrossed



  1  have differing abilities and career plans may pursue an

  2  education that develops academic and vocational skills

  3  required by specified related occupations.  Each program must:

  4         (a)  Be self-contained and provide sufficient courses

  5  for a student in each occupational training level to earn a

  6  high school diploma as provided in s. ss. 232.246 and 232.2467

  7  and provide free transportation for students to and from their

  8  residences.  A program may be called a school, but need not

  9  have a separate campus.  If a program has a separate campus or

10  is a school within a school, it may agree with another school

11  to allow the students to participate in extracurricular

12  activities.

13

14         Reviser's note.--Amended to conform to the

15         repeal of s. 232.2467 by s. 68, ch. 92-136,

16         Laws of Florida.

17

18         Section 20.  Effective July 1, 2001, subsection (3) of

19  section 235.26, Florida Statutes, as amended by s. 11, ch.

20  2000-141, Laws of Florida, is amended to read:

21         235.26  State uniform building code for public

22  educational facilities construction.--

23         (3)  ENFORCEMENT BY BOARD.--It is the responsibility of

24  each district school board and community college district

25  board of trustees to ensure that all plans and educational and

26  ancillary plants meet the standards of the Florida Building

27  Code and the Florida Fire Prevention Code and to provide for

28  the enforcement of these codes in the areas of its

29  jurisdiction. Each board shall provide for the proper

30  supervision and inspection of the work.  Each board may employ

31  a chief building official or inspector and such other


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    SB 278                                         First Engrossed



  1  inspectors, who have been certified pursuant to chapter 468,

  2  and such personnel as are necessary to administer and enforce

  3  the provisions of this code. Boards may also utilize local

  4  building department inspectors who are certified by the

  5  department to enforce this code. Plans or facilities that fail

  6  to meet the standards of the Florida Building Code or the

  7  Florida Fire Prevention Code may not be approved. When

  8  planning for and constructing an educational, auxiliary, or

  9  ancillary facility, a district school board must use

10  construction materials and systems that meet standards adopted

11  pursuant to subparagraphs (1)(e)3. and 4. subparagraph

12  (2)(f)5. If the planned or actual construction of a facility

13  deviates from the adopted standards, the district school board

14  must, at a public hearing, quantify and compare the costs of

15  constructing the facility with the proposed deviations and in

16  compliance with the adopted standards and the Florida Building

17  Code. The board must explain the reason for the proposed

18  deviations and compare how the total construction costs and

19  projected life-cycle costs of the facility or component system

20  of the facility would be affected by implementing the proposed

21  deviations rather than using materials and systems that meet

22  the adopted standards. The provisions of this subsection do

23  apply to educational, auxiliary, and ancillary facility

24  projects commenced on or after July 1, 1999.

25

26         Reviser's note.--Amended to improve clarity and

27         facilitate correct interpretation. Subparagraph

28         (2)(f)5. was repealed by s. 11, ch. 2000-141,

29         Laws of Florida, and the language relating to

30         standards now appears at subparagraphs (1)(e)3.

31         and 4.


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    SB 278                                         First Engrossed



  1         Section 21.  Subsection (4) of section 236.1225,

  2  Florida Statutes, is amended to read:

  3         236.1225  Gifted education exemplary program grants.--

  4         (4)  The commissioner shall review and approve,

  5  disapprove, or resubmit for modification all proposed programs

  6  for education for the gifted submitted.  For those programs

  7  approved, the commissioner shall authorize distribution of

  8  funds equal to the cost of the program from funds appropriated

  9  to the Department of Education for exemplary program grants

10  for education for the gifted as provided for by this act.

11  These funds shall be in addition to any funds for education

12  for the gifted provided pursuant to ss. 236.025 and 236.081 s.

13  236.081(1)(c).

14

15         Reviser's note.--Amended to improve clarity and

16         facilitate correct interpretation. Section

17         236.081(1)(c) does not refer to education for

18         the gifted; exceptional education funding is

19         covered in ss. 236.025 and 236.081.

20

21         Section 22.  Subparagraphs 1.-3. of paragraph (b) of

22  subsection (5) of section 236.25, Florida Statutes, are

23  repealed.

24

25         Reviser's note.--The cited subparagraphs relate

26         to school district spending for fiscal years

27         1997-1998 through 1999-2000.

28

29         Section 23.  Subsection (2) of section 240.145, Florida

30  Statutes, is amended to read:

31         240.145  Postsecondary Education Planning Commission.--


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    SB 278                                         First Engrossed



  1         (2)  The commission shall be composed of 11 members of

  2  the general public and one full-time student representing the

  3  postsecondary education system of the state.  Each member

  4  shall be appointed by the Governor, approved by three members

  5  of the State Board of Education other than the Governor, and

  6  confirmed by the Senate.  Members shall serve staggered 4-year

  7  terms, except for the full-time student member, who shall

  8  serve for 1 year; however, of the initial nonstudent

  9  appointees, two shall hold 1-year terms, three shall hold

10  2-year terms, three shall hold 3-year terms, and three shall

11  hold 4-year terms.  The student member shall be selected

12  annually with the qualification that he or she be a registered

13  full-time student at a postsecondary educational institution

14  as defined in chapter 230, relating to public area technical

15  centers; in this chapter, relating to public community

16  colleges and universities; or in chapter 246, relating to

17  nonpublic colleges, universities, and vocational schools.  The

18  members of the commission shall elect a chair annually.  The

19  Governor shall fill all vacancies, subject to approval and

20  confirmation, that may at any time occur on the commission.

21

22         Reviser's note.--Amended to delete provisions

23         that have served their purpose.

24

25         Section 24.  Subsection (1) of section 240.2995,

26  Florida Statutes, is amended to read:

27         240.2995  University health services support

28  organizations.--

29         (1)  Each state university is authorized to establish

30  university health services support organizations which shall

31  have the ability to enter into, for the benefit of the


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    SB 278                                         First Engrossed



  1  university academic health sciences center, and arrangements

  2  with other entities as providers in other integrated health

  3  care systems or similar entities.  To the extent required by

  4  law or rule, university health services support organizations

  5  shall become licensed as insurance companies, pursuant to

  6  chapter 624, or be certified as health maintenance

  7  organizations, pursuant to chapter 641.  University health

  8  services support organizations shall have sole responsibility

  9  for the acts, debts, liabilities, and obligations of the

10  organization.  In no case shall the state or university have

11  any responsibility for such acts, debts, liabilities, and

12  obligations incurred or assumed by university health services

13  support organizations.

14

15         Reviser's note.--Amended to improve clarity.

16

17         Section 25.  Paragraph (b) of subsection (2) of section

18  240.345, Florida Statutes, is amended to read:

19         240.345  Financial support of community colleges.--

20         (2)  STUDENT FEES.--

21         (b)  The State Board of Community Colleges shall adopt

22  rules permitting the deferral of registration and tuition fees

23  for those students who receive financial aid from federal or

24  state assistance programs when such aid is delayed in being

25  transmitted to the student through circumstances beyond the

26  control of the student.  The failure to make timely

27  application for such aid is insufficient reason to receive

28  such deferral.

29         1.  A veteran or other eligible student who receives

30  benefits under chapter 30, chapter 31, chapter 32, chapter 34,

31  or chapter 35, 38 U.S.C., or chapter 106, 10 U.S.C., is


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    SB 278                                         First Engrossed



  1  entitled to one deferment each academic year and an additional

  2  deferment each time there is a delay in the receipt of his or

  3  her benefits.

  4         2.  Each community college shall be responsible for

  5  collecting all deferred fees.  If a community college has not

  6  collected a deferred fee, the student shall not earn full-time

  7  equivalent student enrollment for any course for which the

  8  student subsequently registers until the fee has been paid.

  9         3.  In adopting such rules, the State Board of

10  Community Colleges is required to enforce the collection of or

11  otherwise settle delinquent accounts.

12         4.  The State Board of Education shall require that

13  each institution within the community college system withdraw

14  all requests for course approval from the United States

15  Department of Veterans Affairs Veterans Administration for

16  education programs offered in correctional facilities which

17  are provided through state funding at no cost to the inmate.

18

19         Reviser's note.--Amended to conform to the

20         redesignation of the United States Veterans'

21         Administration as the United States Department

22         of Veterans Affairs by s. 2, Pub. L. No.

23         100-527.

24

25         Section 26.  Subsections (1) and (2) of section

26  240.40208, Florida Statutes, are amended to read:

27         240.40208  Eligibility for the Florida Bright Futures

28  Scholarship Program; transition.--

29         (1)  A student who graduates from high school in 1997

30  or earlier and who is eligible for the Florida Undergraduate

31  Scholar's Program pursuant to former s. 240.402 is eligible


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    SB 278                                         First Engrossed



  1  for the Florida Academic Scholars award as provided in this

  2  act. A student who graduates from high school in 1998 or 1999

  3  is eligible for the Florida Academic Scholars award if the

  4  student meets the criteria in s. 240.40205. However, in lieu

  5  of satisfying the requirements set forth in s. 240.40205(1)(a)

  6  and (b), a student may meet the following criteria:

  7         (a)  Complete a program of at least 24 credits in

  8  advanced-level studies as prescribed by the State Board of

  9  Education, including as a minimum:

10         1.  Four years of progressively advanced instruction in

11  language arts, including courses in English composition and

12  literature.

13         2.  Four years of progressively advanced instruction in

14  science, including laboratory courses in biology, chemistry,

15  and physics where laboratory facilities are available.

16         3.  Four years of progressively advanced instruction in

17  mathematics, including courses in algebra, geometry, and

18  calculus or trigonometry.

19         4.  Two years of sequential foreign language.

20         5.  One year of instruction in art and music or in

21  either art or music.

22         6.  Three years of instruction in social studies,

23  including courses in American history and government, world

24  history, and comparative political and economic systems.

25         7.  One year of instruction in health and physical

26  education to include assessment, improvement, and maintenance

27  of personal fitness.

28         (b)  Obtain at least the equivalent of an unweighted

29  grade point average of 3.0 on a 4.0 scale for all courses

30  taken for which high school credit may be granted.

31


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  1         (c)  Achieve a score of 1180 on the combined verbal and

  2  quantitative parts of the Scholastic Aptitude Test, the

  3  Scholastic Assessment Test, or the recentered Scholastic

  4  Assessment Test of the College Entrance Examination, or an

  5  equivalent score on the American College Testing Program or an

  6  equivalent program.

  7         (d)  Complete a program of community service work, as

  8  approved by the district school board or the administrators of

  9  a nonpublic school, which shall include a minimum of 75 hours

10  of service work and require the student to identify a social

11  problem that interests him or her, develop a plan for his or

12  her personal involvement in addressing the problem, and,

13  through papers or other presentations, evaluate and reflect

14  upon his or her experience.

15

16  Students who graduate from high school after 1999 must meet

17  the eligibility criteria pursuant to s. 240.40205.

18         (2)  A student who graduates from high school in 1997

19  or earlier and who is eligible for the Florida Vocational Gold

20  Seal Endorsement Scholarship award pursuant to former s.

21  240.4021 is eligible for the Florida Gold Seal Vocational

22  Scholars award as provided in this act. A student who

23  graduates from high school in 1998 or 1999 is eligible for the

24  Florida Gold Seal Vocational Scholars award if the student

25  meets the criteria in s. 240.40207. However, in lieu of

26  satisfying the grade point average requirement set forth in s.

27  240.40207(1)(c), a student may earn a minimum cumulative

28  unweighted grade point average of 3.0 on a 4.0 scale on all

29  subjects required for a standard high school diploma. Students

30  who graduate from high school after 1999 must meet the

31  eligibility criteria pursuant to s. 240.40207.


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    SB 278                                         First Engrossed



  1         Reviser's note.--Amended to conform to the

  2         repeal of ss. 240.402 and 240.4021 by s. 11,

  3         ch. 97-77, Laws of Florida.

  4

  5         Section 27.  Subsection (4) of section 240.5285,

  6  Florida Statutes, is amended to read:

  7         240.5285  Florida Atlantic University campuses.--

  8         (4)  The Postsecondary Education Planning Commission

  9  and the Board of Regents, as a function of each board's

10  comprehensive master planning process, shall continue to

11  evaluate the need for undergraduate programs in Broward County

12  and shall assess the extent to which existing postsecondary

13  programs are addressing those needs.  One section of the Board

14  of Regents' 5-year Master Plan for 1993-1998 shall address and

15  make recommendations concerning the establishment of a 4-year

16  public university in Broward County. The board's plan shall

17  include the effectiveness of branch campus operation,

18  including operating and capital budget and a description of

19  programmatic and administrative relationships with public and

20  private institutions in the area. Before January 1, 1993, the

21  Legislature shall review that section of the master plan and,

22  by July 1, 1993, shall make recommendations for implementing

23  that section.

24

25         Reviser's note.--Amended to delete obsolete

26         language relating to the Board of Regents'

27         5-year Master Plan for 1993-1998.

28

29         Section 28.  Paragraph (d) of subsection (5) of section

30  240.529, Florida Statutes, is amended to read:

31


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  1         240.529  Public accountability and state approval for

  2  teacher preparation programs.--

  3         (5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary

  4  instructors, school district personnel and instructional

  5  personnel, and school sites preparing instructional personnel

  6  through preservice field experience courses and internships

  7  shall meet special requirements.

  8         (d)  Postsecondary teacher preparation programs in

  9  cooperation with district school boards and approved nonpublic

10  school associations shall select the school sites for

11  preservice field experience activities. These sites must

12  represent the full spectrum of school communities, including,

13  but not limited to, schools located in urban settings. In

14  order to be selected, school sites must demonstrate commitment

15  to the education of public school students and to the

16  preparation of future teachers. A nonpublic school

17  association, in order to be approved, must have a

18  state-approved master inservice program plan in accordance

19  with s. 236.0811.

20

21         Reviser's note.--Amended to conform to the

22         repeal of s. 236.0811 by s. 62, ch. 2000-301,

23         Laws of Florida.

24

25         Section 29.  Paragraph (c) of subsection (2) of section

26  240.711, Florida Statutes, is amended to read:

27         240.711  Ringling Center for Cultural Arts.--

28         (2)

29         (c)  The John and Mable Ringling Museum of Art

30  direct-support organization, operating under the charter and

31  bylaws and such contracts as are approved by the university,


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  1  shall set policies to maintain and preserve the collections of

  2  the Art Museum; the Circus Museum; the furnishings and objects

  3  in the Ringling home, referred to as the Ca' d'Zan; and other

  4  objects of art and artifacts in the custody of the museum.

  5  Title to all such collections, art objects, and artifacts of

  6  the museums and its facilities shall remain with the Florida

  7  State University, which shall assign state registration

  8  numbers to, and conduct annual inventories of, all such

  9  properties. The direct-support organization shall develop

10  policy for the museum, subject to the provisions of the John

11  Ringling will and the overall direction of the president of

12  the university; and it is invested with power and authority to

13  nominate a museum director who is appointed by and serves at

14  the pleasure of the president of the university and shall

15  report to the provost of the university or his or her

16  designee. The museum director, with the approval of the

17  provost or his or her designee, shall appoint other employees

18  in accordance with Florida Statutes and rules; remove the same

19  in accordance with Florida Statutes and rules; provide for the

20  proper keeping of accounts and records and budgeting of funds;

21  enter into contracts for professional programs of the museum

22  and for the support and maintenance of the museum; secure

23  public liability insurance; and do and perform every other

24  matter or thing requisite to the proper management,

25  maintenance, support, and control of the museum at the highest

26  efficiency economically possible, while taking into

27  consideration the purposes of the museum.

28

29         Reviser's note.--Amended to improve clarity and

30         correct sentence construction.

31


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    SB 278                                         First Engrossed



  1         Section 30.  Paragraph (d) of subsection (1) and

  2  subsection (2) of section 252.32, Florida Statutes, are

  3  amended to read:

  4         252.32  Policy and purpose.--

  5         (1)  Because of the existing and continuing possibility

  6  of the occurrence of emergencies and disasters resulting from

  7  natural, technological, or manmade causes; in order to ensure

  8  that preparations of this state will be adequate to deal with,

  9  reduce vulnerability to, and recover from such emergencies and

10  disasters; to provide for the common defense and to protect

11  the public peace, health, and safety; and to preserve the

12  lives and property of the people of the state, it is hereby

13  found and declared to be necessary:

14         (d)  To authorize the establishment of such

15  organizations and the development and employment of such

16  measures as are necessary and appropriate to carry out the

17  provisions of ss. 252.31-252.90 252.31-252.91.

18         (2)  It is further declared to be the purpose of ss.

19  252.31-252.90 252.31-252.91 and the policy of the state that

20  all emergency management functions of the state be coordinated

21  to the maximum extent with comparable functions of the Federal

22  Government, including its various departments, agencies of

23  other states and localities, and private agencies of every

24  type, to the end that the most effective preparation and use

25  may be made of the workforce, resources, and facilities of the

26  nation for dealing with any emergency that may occur.

27

28         Reviser's note.--Amended to conform to the

29         repeal of s. 252.91 by s. 39, ch. 2000-158,

30         Laws of Florida.

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  1         Section 31.  Subsection (5) of section 252.34, Florida

  2  Statutes, is amended to read:

  3         252.34  Definitions.--As used in ss. 252.31-252.60, the

  4  term:

  5         (5)  "Local emergency management agency" means an

  6  organization created in accordance with the provisions of ss.

  7  252.31-252.90 252.31-252.91 to discharge the emergency

  8  management responsibilities and functions of a political

  9  subdivision.

10

11         Reviser's note.--Amended to conform to the

12         repeal of s. 252.91 by s. 39, ch. 2000-158,

13         Laws of Florida.

14

15         Section 32.  Subsection (2) of section 252.35, Florida

16  Statutes, is amended to read:

17         252.35  Emergency management powers; Division of

18  Emergency Management.--

19         (2)  The division is responsible for carrying out the

20  provisions of ss. 252.31-252.90 252.31-252.91.  In performing

21  its duties under ss. 252.31-252.90 252.31-252.91, the division

22  shall:

23         (a)  Prepare a state comprehensive emergency management

24  plan, which shall be integrated into and coordinated with the

25  emergency management plans and programs of the Federal

26  Government. The division must adopt the plan as a rule in

27  accordance with chapter 120. The plan shall be implemented by

28  a continuous, integrated comprehensive emergency management

29  program. The plan must contain provisions to ensure that the

30  state is prepared for emergencies and minor, major, and

31  catastrophic disasters, and the division shall work closely


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    SB 278                                         First Engrossed



  1  with local governments and agencies and organizations with

  2  emergency management responsibilities in preparing and

  3  maintaining the plan. The state comprehensive emergency

  4  management plan shall be operations oriented and:

  5         1.  Include an evacuation component that includes

  6  specific regional and interregional planning provisions and

  7  promotes intergovernmental coordination of evacuation

  8  activities.  This component must, at a minimum: contain

  9  guidelines for lifting tolls on state highways; ensure

10  coordination pertaining to evacuees crossing county lines; set

11  forth procedures for directing people caught on evacuation

12  routes to safe shelter; establish strategies for ensuring

13  sufficient, reasonably priced fueling locations along

14  evacuation routes; and establish policies and strategies for

15  emergency medical evacuations.

16         2.  Include a shelter component that includes specific

17  regional and interregional planning provisions and promotes

18  coordination of shelter activities between the public,

19  private, and nonprofit sectors.  This component must, at a

20  minimum:  contain strategies to ensure the availability of

21  adequate public shelter space in each region of the state;

22  establish strategies for refuge-of-last-resort programs;

23  provide strategies to assist local emergency management

24  efforts to ensure that adequate staffing plans exist for all

25  shelters, including medical and security personnel; provide

26  for a postdisaster communications system for public shelters;

27  establish model shelter guidelines for operations,

28  registration, inventory, power generation capability,

29  information management, and staffing; and set forth policy

30  guidance for sheltering people with special needs.

31


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    SB 278                                         First Engrossed



  1         3.  Include a postdisaster response and recovery

  2  component that includes specific regional and interregional

  3  planning provisions and promotes intergovernmental

  4  coordination of postdisaster response and recovery activities.

  5  This component must provide for postdisaster response and

  6  recovery strategies according to whether a disaster is minor,

  7  major, or catastrophic. The postdisaster response and recovery

  8  component must, at a minimum:  establish the structure of the

  9  state's postdisaster response and recovery organization;

10  establish procedures for activating the state's plan; set

11  forth policies used to guide postdisaster response and

12  recovery activities; describe the chain of command during the

13  postdisaster response and recovery period; describe initial

14  and continuous postdisaster response and recovery actions;

15  identify the roles and responsibilities of each involved

16  agency and organization; provide for a comprehensive

17  communications plan; establish procedures for monitoring

18  mutual aid agreements; provide for rapid impact assessment

19  teams; ensure the availability of an effective statewide urban

20  search and rescue program coordinated with the fire services;

21  ensure the existence of a comprehensive statewide medical care

22  and relief plan administered by the Department of Health; and

23  establish systems for coordinating volunteers and accepting

24  and distributing donated funds and goods.

25         4.  Include additional provisions addressing aspects of

26  preparedness, response, recovery, and mitigation as determined

27  necessary by the division.

28         5.  Address the need for coordinated and expeditious

29  deployment of state resources, including the Florida National

30  Guard.  In the case of an imminent major disaster, procedures

31  should address predeployment of the Florida National Guard,


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    SB 278                                         First Engrossed



  1  and, in the case of an imminent catastrophic disaster,

  2  procedures should address predeployment of the Florida

  3  National Guard and the United States Armed Forces.

  4         6.  Establish a system of communications and warning to

  5  ensure that the state's population and emergency management

  6  agencies are warned of developing emergency situations and can

  7  communicate emergency response decisions.

  8         7.  Establish guidelines and schedules for annual

  9  exercises that evaluate the ability of the state and its

10  political subdivisions to respond to minor, major, and

11  catastrophic disasters and support local emergency management

12  agencies.  Such exercises shall be coordinated with local

13  governments and, to the extent possible, the Federal

14  Government.

15         8.  Assign lead and support responsibilities to state

16  agencies and personnel for emergency support functions and

17  other support activities.

18

19  The division shall prepare an interim postdisaster response

20  and recovery component that substantially complies with the

21  provisions of this paragraph by June 1, 1993.  Each state

22  agency assigned lead responsibility for an emergency support

23  function by the state comprehensive emergency management plan

24  shall also prepare a detailed operational plan needed to

25  implement its responsibilities by June 1, 1993. The complete

26  state comprehensive emergency management plan shall be

27  submitted to the President of the Senate, the Speaker of the

28  House of Representatives, and the Governor no later than

29  February 1, 1994, and on February 1 of every even-numbered

30  year thereafter.

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    SB 278                                         First Engrossed



  1         (b)  Adopt standards and requirements for county

  2  emergency management plans.  The standards and requirements

  3  must ensure that county plans are coordinated and consistent

  4  with the state comprehensive emergency management plan. If a

  5  municipality elects to establish an emergency management

  6  program, it must adopt a city emergency management plan that

  7  complies with all standards and requirements applicable to

  8  county emergency management plans.

  9         (c)  Assist political subdivisions in preparing and

10  maintaining emergency management plans.

11         (d)  Review periodically political subdivision

12  emergency management plans for consistency with the state

13  comprehensive emergency management plan and standards and

14  requirements adopted under this section.

15         (e)  Cooperate with the President, the heads of the

16  Armed Forces, the various federal emergency management

17  agencies, and the officers and agencies of other states in

18  matters pertaining to emergency management in the state and

19  the nation and incidents thereof and, in connection therewith,

20  take any measures that it deems proper to carry into effect

21  any request of the President and the appropriate federal

22  officers and agencies for any emergency management action,

23  including the direction or control of:

24         1.  Emergency management drills, tests, or exercises of

25  whatever nature.

26         2.  Warnings and signals for tests and drills, attacks,

27  or other imminent emergencies or threats thereof and the

28  mechanical devices to be used in connection with such warnings

29  and signals.

30         (f)  Make recommendations to the Legislature, building

31  code organizations, and political subdivisions for zoning,


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    SB 278                                         First Engrossed



  1  building, and other land use controls; safety measures for

  2  securing mobile homes or other nonpermanent or semipermanent

  3  structures; and other preparedness, prevention, and mitigation

  4  measures designed to eliminate emergencies or reduce their

  5  impact.

  6         (g)  In accordance with the state comprehensive

  7  emergency management plan and program for emergency

  8  management, ascertain the requirements of the state and its

  9  political subdivisions for equipment and supplies of all kinds

10  in the event of an emergency; plan for and either procure

11  supplies, medicines, materials, and equipment or enter into

12  memoranda of agreement or open purchase orders that will

13  ensure their availability; and use and employ from time to

14  time any of the property, services, and resources within the

15  state in accordance with ss. 252.31-252.90 252.31-252.91.

16         (h)  Anticipate trends and promote innovations that

17  will enhance the emergency management system.

18         (i)  Institute statewide public awareness programs.

19  This shall include an intensive public educational campaign on

20  emergency preparedness issues.

21         (j)  Prepare and distribute to appropriate state and

22  local officials catalogs of federal, state, and private

23  assistance programs.

24         (k)  Coordinate federal, state, and local emergency

25  management activities and take all other steps, including the

26  partial or full mobilization of emergency management forces

27  and organizations in advance of an actual emergency, to ensure

28  the availability of adequately trained and equipped forces of

29  emergency management personnel before, during, and after

30  emergencies and disasters.

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    SB 278                                         First Engrossed



  1         (l)  Establish a schedule of fees that may be charged

  2  by local emergency management agencies for review of emergency

  3  management plans on behalf of external agencies and

  4  institutions. In establishing such schedule, the division

  5  shall consider facility size, review complexity, and other

  6  factors.

  7         (m)  Implement training programs to improve the ability

  8  of state and local emergency management personnel to prepare

  9  and implement emergency management plans and programs.  This

10  shall include a continuous training program for agencies and

11  individuals that will be called on to perform key roles in

12  state and local postdisaster response and recovery efforts and

13  for local government personnel on federal and state

14  postdisaster response and recovery strategies and procedures.

15         (n)  Review periodically emergency operating procedures

16  of state agencies and recommend revisions as needed to ensure

17  consistency with the state comprehensive emergency management

18  plan and program.

19         (o)  Make such surveys of industries, resources, and

20  facilities within the state, both public and private, as are

21  necessary to carry out the purposes of ss. 252.31-252.90

22  252.31-252.91.

23         (p)  Prepare, in advance whenever possible, such

24  executive orders, proclamations, and rules for issuance by the

25  Governor as are necessary or appropriate for coping with

26  emergencies and disasters.

27         (q)  Cooperate with the Federal Government and any

28  public or private agency or entity in achieving any purpose of

29  ss. 252.31-252.90 252.31-252.91 and in implementing programs

30  for mitigation, preparation, response, and recovery.

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    SB 278                                         First Engrossed



  1         (r)  Assist political subdivisions with the creation

  2  and training of urban search and rescue teams and promote the

  3  development and maintenance of a state urban search and rescue

  4  program.

  5         (s)  Delegate, as necessary and appropriate, authority

  6  vested in it under ss. 252.31-252.90 252.31-252.91 and provide

  7  for the subdelegation of such authority.

  8         (t)  Report biennially to the President of the Senate,

  9  the Speaker of the House of Representatives, and the Governor,

10  no later than February 1 of every odd-numbered year, the

11  status of the emergency management capabilities of the state

12  and its political subdivisions.

13         (u)  In accordance with chapter 120, create, implement,

14  administer, adopt, amend, and rescind rules, programs, and

15  plans needed to carry out the provisions of ss. 252.31-252.90

16  252.31-252.91 with due consideration for, and in cooperating

17  with, the plans and programs of the Federal Government. In

18  addition, the division may adopt rules in accordance with

19  chapter 120 to administer and distribute federal financial

20  predisaster and postdisaster assistance for prevention,

21  mitigation, preparedness, response, and recovery.

22         (v)  Do other things necessary, incidental, or

23  appropriate for the implementation of ss. 252.31-252.90

24  252.31-252.91.

25

26         Reviser's note.--Amended to conform to the

27         repeal of s. 252.91 by s. 39, ch. 2000-158,

28         Laws of Florida, and to delete provisions that

29         have served their purpose.

30

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    SB 278                                         First Engrossed



  1         Section 33.  Paragraph (b) of subsection (3) and

  2  subsections (6), (7), and (9) of section 252.36, Florida

  3  Statutes, are amended to read:

  4         252.36  Emergency management powers of the Governor.--

  5         (3)  An executive order or proclamation of a state of

  6  emergency shall:

  7         (b)  Be authority for the deployment and use of any

  8  forces to which the plan or plans apply and for the use or

  9  distribution of any supplies, equipment, and materials and

10  facilities assembled, stockpiled, or arranged to be made

11  available pursuant to ss. 252.31-252.90 252.31-252.91 or any

12  other provision of law relating to emergencies.

13         (6)  The Governor shall take such action and give such

14  direction to state and local law enforcement officers and

15  agencies as may be reasonable and necessary for the purpose of

16  securing compliance with the provisions of ss. 252.31-252.90

17  252.31-252.91 and with the orders and rules made pursuant

18  thereto.

19         (7)  The Governor shall employ such measures and give

20  such directions to the Department of Health and the Agency for

21  Health Care Administration as may be reasonably necessary for

22  the purpose of securing compliance with the provisions of ss.

23  252.31-252.90 252.31-252.91 or with the findings or

24  recommendations of such agency of health by reason of

25  conditions arising from emergencies or threats of emergency.

26         (9)  The Governor and the division shall establish

27  agencies and offices and appoint executive, professional,

28  technical, clerical, and other personnel as may be necessary

29  to carry out the provisions of ss. 252.31-252.90

30  252.31-252.91.

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    SB 278                                         First Engrossed



  1         Reviser's note.--Amended to conform to the

  2         repeal of s. 252.91 by s. 39, ch. 2000-158,

  3         Laws of Florida.

  4

  5         Section 34.  Paragraphs (a), (b), and (c) of subsection

  6  (1) and paragraph (a) of subsection (3) of section 252.38,

  7  Florida Statutes, are amended to read:

  8         252.38  Emergency management powers of political

  9  subdivisions.--Safeguarding the life and property of its

10  citizens is an innate responsibility of the governing body of

11  each political subdivision of the state.

12         (1)  COUNTIES.--

13         (a)  In order to provide effective and orderly

14  governmental control and coordination of emergency operations

15  in emergencies within the scope of ss. 252.31-252.90

16  252.31-252.91, each county within this state shall be within

17  the jurisdiction of, and served by, the division.  Except as

18  otherwise provided in ss. 252.31-252.90 252.31-252.91, each

19  local emergency management agency shall have jurisdiction over

20  and serve an entire county.  Unless part of an

21  interjurisdictional emergency management agreement entered

22  into pursuant to paragraph (3)(b) which is recognized by the

23  Governor by executive order or rule, each county must

24  establish and maintain such an emergency management agency and

25  shall develop a county emergency management plan and program

26  that is coordinated and consistent with the state

27  comprehensive emergency management plan and program.  Counties

28  that are part of an interjurisdictional emergency management

29  agreement entered into pursuant to paragraph (3)(b) which is

30  recognized by the Governor by executive order or rule shall

31  cooperatively develop an emergency management plan and program


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    SB 278                                         First Engrossed



  1  that is coordinated and consistent with the state

  2  comprehensive emergency management plan and program.

  3         (b)  Each county emergency management agency created

  4  and established pursuant to ss. 252.31-252.90 252.31-252.91

  5  shall have a director.  The director must meet the minimum

  6  training and education qualifications established in a job

  7  description approved by the county.  The director shall be

  8  appointed by the board of county commissioners or the chief

  9  administrative officer of the county, as described in chapter

10  125 or the county charter, if applicable, to serve at the

11  pleasure of the appointing authority, in conformance with

12  applicable resolutions, ordinances, and laws. A county

13  constitutional officer, or an employee of a county

14  constitutional officer, may be appointed as director following

15  prior notification to the division. Each board of county

16  commissioners shall promptly inform the division of the

17  appointment of the director and other personnel. Each director

18  has direct responsibility for the organization,

19  administration, and operation of the county emergency

20  management agency.  The director shall coordinate emergency

21  management activities, services, and programs within the

22  county and shall serve as liaison to the division and other

23  local emergency management agencies and organizations.

24         (c)  Each county emergency management agency shall

25  perform emergency management functions within the territorial

26  limits of the county within which it is organized and, in

27  addition, shall conduct such activities outside its

28  territorial limits as are required pursuant to ss.

29  252.31-252.90 252.31-252.91 and in accordance with state and

30  county emergency management plans and mutual aid agreements.

31  Counties shall serve as liaison for and coordinator of


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    SB 278                                         First Engrossed



  1  municipalities' requests for state and federal assistance

  2  during postdisaster emergency operations.

  3         (3)  EMERGENCY MANAGEMENT POWERS; POLITICAL

  4  SUBDIVISIONS.--

  5         (a)  In carrying out the provisions of ss.

  6  252.31-252.90 252.31-252.91, each political subdivision shall

  7  have the power and authority:

  8         1.  To appropriate and expend funds; make contracts;

  9  obtain and distribute equipment, materials, and supplies for

10  emergency management purposes; provide for the health and

11  safety of persons and property, including emergency assistance

12  to the victims of any emergency; and direct and coordinate the

13  development of emergency management plans and programs in

14  accordance with the policies and plans set by the federal and

15  state emergency management agencies.

16         2.  To appoint, employ, remove, or provide, with or

17  without compensation, coordinators, rescue teams, fire and

18  police personnel, and other emergency management workers.

19         3.  To establish, as necessary, a primary and one or

20  more secondary emergency operating centers to provide

21  continuity of government and direction and control of

22  emergency operations.

23         4.  To assign and make available for duty the offices

24  and agencies of the political subdivision, including the

25  employees, property, or equipment thereof relating to

26  firefighting, engineering, rescue, health, medical and related

27  services, police, transportation, construction, and similar

28  items or services for emergency operation purposes, as the

29  primary emergency management forces of the political

30  subdivision for employment within or outside the political

31  limits of the subdivision.


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    SB 278                                         First Engrossed



  1         5.  To request state assistance or invoke

  2  emergency-related mutual-aid assistance by declaring a state

  3  of local emergency in the event of an emergency affecting only

  4  one political subdivision.  The duration of each state of

  5  emergency declared locally is limited to 7 days; it may be

  6  extended, as necessary, in 7-day increments.  Further, the

  7  political subdivision has the power and authority to waive the

  8  procedures and formalities otherwise required of the political

  9  subdivision by law pertaining to:

10         a.  Performance of public work and taking whatever

11  prudent action is necessary to ensure the health, safety, and

12  welfare of the community.

13         b.  Entering into contracts.

14         c.  Incurring obligations.

15         d.  Employment of permanent and temporary workers.

16         e.  Utilization of volunteer workers.

17         f.  Rental of equipment.

18         g.  Acquisition and distribution, with or without

19  compensation, of supplies, materials, and facilities.

20         h.  Appropriation and expenditure of public funds.

21

22         Reviser's note.--Amended to conform to the

23         repeal of s. 252.91 by s. 39, ch. 2000-158,

24         Laws of Florida.

25

26         Section 35.  Section 252.46, Florida Statutes, is

27  amended to read:

28         252.46  Orders and rules.--

29         (1)  In accordance with the provisions of chapter 120,

30  the political subdivisions of the state and other agencies

31  designated or appointed by the Governor or in the state


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    SB 278                                         First Engrossed



  1  comprehensive emergency management plan are authorized and

  2  empowered to make, amend, and rescind such orders and rules as

  3  are necessary for emergency management purposes and to

  4  supplement the carrying out of the provisions of ss.

  5  252.31-252.90 252.31-252.91, but which are not inconsistent

  6  with any orders or rules adopted by the division or by any

  7  state agency exercising a power delegated to it by the

  8  Governor or the division.

  9         (2)  All orders and rules adopted by the division or

10  any political subdivision or other agency authorized by ss.

11  252.31-252.90 252.31-252.91 to make orders and rules have full

12  force and effect of law after adoption in accordance with the

13  provisions of chapter 120 in the event of issuance by the

14  division or any state agency or, if promulgated by a political

15  subdivision of the state or agency thereof, when filed in the

16  office of the clerk or recorder of the political subdivision

17  or agency promulgating the same.  All existing laws,

18  ordinances, and rules inconsistent with the provisions of ss.

19  252.31-252.90 252.31-252.91, or any order or rule issued under

20  the authority of ss. 252.31-252.90 252.31-252.91, shall be

21  suspended during the period of time and to the extent that

22  such conflict exists.

23         (3)  In order to attain uniformity so far as

24  practicable throughout the country in measures taken to aid

25  emergency management, all action taken under ss. 252.31-252.90

26  252.31-252.91 and all orders and rules made pursuant to such

27  sections shall be taken or made with due consideration of the

28  orders, rules, actions, recommendations, and requests of

29  federal authorities relevant thereto and, to the extent

30  permitted by law, shall be consistent with such orders, rules,

31  actions, recommendations, and requests.


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  1         Reviser's note.--Amended to conform to the

  2         repeal of s. 252.91 by s. 39, ch. 2000-158,

  3         Laws of Florida.

  4

  5         Section 36.  Section 252.47, Florida Statutes, is

  6  amended to read:

  7         252.47  Enforcement.--The law enforcement authorities

  8  of the state and the political subdivisions thereof shall

  9  enforce the orders and rules issued pursuant to ss.

10  252.31-252.90 252.31-252.91.

11

12         Reviser's note.--Amended to conform to the

13         repeal of s. 252.91 by s. 39, ch. 2000-158,

14         Laws of Florida.

15

16         Section 37.  Section 252.50, Florida Statutes, is

17  amended to read:

18         252.50  Penalties.--Any person violating any provision

19  of ss. 252.31-252.90 252.31-252.91 or any rule or order made

20  pursuant to ss. 252.31-252.90 252.31-252.91 is guilty of a

21  misdemeanor of the second degree, punishable as provided in s.

22  775.082 or s. 775.083.

23

24         Reviser's note.--Amended to conform to the

25         repeal of s. 252.91 by s. 39, ch. 2000-158,

26         Laws of Florida.

27

28         Section 38.  Section 252.52, Florida Statutes, is

29  amended to read:

30

31


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    SB 278                                         First Engrossed



  1         252.52  Liberality of construction.--Sections

  2  252.31-252.90 252.31-252.91 shall be construed liberally in

  3  order to effectuate their purposes.

  4

  5         Reviser's note.--Amended to conform to the

  6         repeal of s. 252.91 by s. 39, ch. 2000-158,

  7         Laws of Florida.

  8

  9         Section 39.  Paragraph (h) of subsection (5) of section

10  253.115, Florida Statutes, is amended to read:

11         253.115  Public notice and hearings.--

12         (5)  The notice and publication requirements of this

13  section do not apply to:

14         (h)  The conveyance of lands pursuant to the provisions

15  of former s. 373.4592(4)(b); or

16

17         Reviser's note.--Amended to conform to the

18         repeal of s. 373.4592(4)(b) by s. 2, ch.

19         94-115, Laws of Florida.

20

21         Section 40.  Paragraph (a) of subsection (1) of section

22  253.7829, Florida Statutes, is amended to read:

23         253.7829  Management plan for retention or disposition

24  of former Cross Florida Barge Canal lands; authority to manage

25  lands until disposition.--

26         (1)  It is declared to be in the public interest that

27  the department shall do and is hereby authorized to do any and

28  all things and incur and pay from the canal authority assets,

29  for the public purposes described herein, any and all expenses

30  necessary, convenient, and proper to:

31


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    SB 278                                         First Engrossed



  1         (a)  Develop a management plan for the retention or

  2  disposition of lands acquired for the Cross Florida Barge

  3  Canal to be submitted to the Governor and Cabinet no later

  4  than 2 years after the date of enactment of the Cross Florida

  5  Barge Canal deauthorization act, which plan shall reflect a

  6  consideration of alternatives for disposition as provided in

  7  this section of all lands in fee or less than fee owned by the

  8  Board of Trustees of the Internal Improvement Trust Fund,

  9  including those lands previously owned by the canal authority

10  and the United States Army Corps of Engineers, and lands to be

11  transferred to the state by the United States Army Corps of

12  Engineers. The management plan shall establish a plan for

13  delineating the specific boundaries of the Cross Florida

14  Greenways State Recreation and Conservation Area. The

15  Legislature intends that such boundaries include, at a

16  minimum, a 300-yard-wide corridor, except where the original

17  corridor is a lesser width or except in areas where bridges

18  and roads cross the canal corridor, on former canal lands

19  within the original canal corridor extending from the St.

20  Johns River to the Gulf of Mexico, including all of the

21  Oklawaha River Valley and Rodman Reservoir, and all canal

22  works in all areas whether completed and in use or not, but

23  excluding all parts of Lake Rousseau. Such boundaries may

24  include other former canal lands according to the following

25  criteria:

26         1.  The proximity of the lands to former canal corridor

27  lands.

28         2.  The environmental sensitivity or importance of the

29  lands or its characteristics as a unique or significant

30  wildlife habitat.

31


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    SB 278                                         First Engrossed



  1         3.  The proximity of the lands to existing state or

  2  federal land which is maintained, at least in part, as natural

  3  wildlife habitat, so that the addition of the parcel would

  4  function as a wildlife corridor, or as additional habitat.

  5         4.  The potential of the lands to be developed as

  6  outdoor recreation lands.

  7

  8  Commercially valuable parcels, including those parcels near

  9  road crossings, within the canal corridor which do not meet

10  the criteria of subparagraphs 1.-4. and other former canal

11  lands which are not included within the boundaries of the

12  Cross Florida Greenways State Recreation and Conservation Area

13  under the criteria of subparagraphs 1.-4., may be disposed of

14  as surplus lands pursuant to s. 253.783(2)(a)-(d). Such

15  alternatives for disposition will include retention by the

16  state or any agency thereof for the specific public purposes

17  outlined in this paragraph or by the counties or adjacent

18  municipalities for recreational or conservation purposes, and

19  a declaration of lands not to be retained as surplus lands to

20  be disposed of pursuant to s. 253.783(2)(a)-(d). The

21  management plan shall also address any remedial measures

22  necessary to correct any environmental or economic damage

23  caused by works constructed as a part of or as a result of the

24  Cross Florida Barge Canal.

25

26         Reviser's note.--Amended to delete obsolete

27         language referencing plan submission to the

28         Governor and Cabinet.

29

30         Section 41.  Subsection (1) of section 255.101, Florida

31  Statutes, is amended to read:


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  1         255.101  Contracts for public construction works;

  2  utilization of minority business enterprises.--

  3         (1)  All county officials, boards of county

  4  commissioners, school boards, city councils, city

  5  commissioners, and all other public officers of state boards

  6  or commissions which are charged with the letting of contracts

  7  for public works and for the construction of public bridges,

  8  buildings, and other structures shall operate in accordance

  9  with s. 287.093, except that all contracts for the

10  construction of state facilities should comply with provisions

11  in s. 287.09451 287.0945, and rules adopted pursuant thereto,

12  for the utilization of minority business enterprises. When

13  construction is financed in whole or in part from federal

14  funds and where federal provisions for utilization of minority

15  business enterprises apply, this section shall not apply.

16

17         Reviser's note.--Amended to conform to the

18         repeal of s. 287.0945 by s. 27, ch. 96-320,

19         Laws of Florida, and the creation of s.

20         287.09451, relating to the same subject matter,

21         by s. 28, ch. 96-320.

22

23         Section 42.  Subsection (4) of section 255.102, Florida

24  Statutes, is amended to read:

25         255.102  Contractor utilization of minority business

26  enterprises.--

27         (4)  Notwithstanding the provisions of s. 287.09451

28  287.0945 to the contrary, agencies shall monitor good faith

29  efforts of contractors in competitively awarded building and

30  construction projects, in accordance with rules established

31  pursuant to this section. It is the responsibility of the


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    SB 278                                         First Engrossed



  1  contractor to exercise good faith efforts in accordance with

  2  rules established pursuant to this section, and to provide

  3  documentation necessary to assess efforts to include minority

  4  business participation.

  5

  6         Reviser's note.--Amended to conform to the

  7         repeal of s. 287.0945 by s. 27, ch. 96-320,

  8         Laws of Florida, and the creation of s.

  9         287.09451, relating to the same subject matter,

10         by s. 28, ch. 96-320.

11

12         Section 43.  Paragraph (b) of subsection (2), paragraph

13  (b) of subsection (3), and subsection (10) of section 255.25,

14  Florida Statutes, are amended to read:

15         255.25  Approval required prior to construction or

16  lease of buildings.--

17         (2)

18         (b)  The approval of the Department of Management

19  Services, except for technical sufficiency, need not be

20  obtained for the lease of less than 5,000 square feet of space

21  within a privately owned building, provided the agency head or

22  the agency head's designated representative has certified

23  compliance with applicable leasing criteria as may be provided

24  pursuant to s. 255.249(4)(k) 255.249(2)(k) and has determined

25  such lease to be in the best interest of the state. Such a

26  lease which is for a term extending beyond the end of a fiscal

27  year is subject to the provisions of ss. 216.311, 255.2502,

28  and 255.2503.

29         (3)

30         (b)  The Department of Management Services may approve

31  extensions of an existing lease of 5,000 square feet or more


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    SB 278                                         First Engrossed



  1  of space if such extensions are determined to be in the best

  2  interests of the state, but in no case shall the total of such

  3  extensions exceed 11 months.  If at the end of the 11th month

  4  an agency still needs space, it shall be procured by

  5  competitive bid in accordance with s. 255.249(4)(b)

  6  255.249(2)(b).

  7         (10)  The Department of Management Services may approve

  8  emergency acquisition of space without competitive bids if

  9  existing state-owned or state-leased space is destroyed or

10  rendered uninhabitable by an act of God, fire, malicious

11  destruction, or structural failure, or by legal action, if the

12  chief administrator of the state agency or the chief

13  administrator's designated representative certifies in writing

14  that no other agency-controlled space is available to meet

15  this emergency need, but in no case shall the lease for such

16  space exceed 11 months. If the lessor elects not to replace or

17  renovate the destroyed or uninhabitable facility, the agency

18  shall procure the needed space by competitive bid in

19  accordance with s. 255.249(4)(b) 255.249(2)(b).  If the lessor

20  elects to replace or renovate the destroyed or uninhabitable

21  facility and the construction or renovations will not be

22  complete at the end of the 11-month lease, the agency may

23  modify the lease to extend it on a month-to-month basis for an

24  additional 6 months to allow completion of such construction

25  or renovations.

26

27         Reviser's note.--Amended to conform to the

28         redesignation of subsections within s. 255.249

29         by s. 2, ch. 2000-172, Laws of Florida.

30

31


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    SB 278                                         First Engrossed



  1         Section 44.  Subsection (1) of section 255.5535,

  2  Florida Statutes, is amended to read:

  3         255.5535  Exemptions from asbestos survey

  4  requirements.--Notwithstanding the requirements of s. 255.553,

  5  a state agency is not required to perform an asbestos survey:

  6         (1)  For prefabricated or small structures that do not

  7  have floors or utilities, such as storage sheds and wood

  8  barns; however, this exemption shall only apply if a person

  9  who has successfully completed an asbestos training course in

10  inspecting buildings for asbestos as described in s.

11  469.005(2)(b) 455.305(1)(b), inspects the structure and

12  determines that no asbestos is present and that it meets the

13  requirements of this subsection; or

14

15         Reviser's note.--Amended to conform to the

16         repeal of s. 455.305(1)(b) by s. 55, ch.

17         94-119, Laws of Florida, and the enactment of

18         identical language in s. 469.005(2)(b) by s.

19         53, ch. 94-119.

20

21         Section 45.  Subsection (12) of section 259.032,

22  Florida Statutes, is reenacted to read:

23         259.032  Conservation and Recreation Lands Trust Fund;

24  purpose.--

25         (12)(a)  Beginning July 1, 1999, the Legislature shall

26  make available sufficient funds annually from the Conservation

27  and Recreation Lands Trust Fund to the department for payment

28  in lieu of taxes to qualifying counties and local governments

29  as defined in paragraph (b) for all actual tax losses incurred

30  as a result of board of trustees acquisitions for state

31  agencies under the Florida Forever program or the Florida


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    SB 278                                         First Engrossed



  1  Preservation 2000 program during any year. Reserved funds not

  2  used for payments in lieu of taxes in any year shall revert to

  3  the fund to be used for land acquisition in accordance with

  4  the provisions of this section.

  5         (b)  Payment in lieu of taxes shall be available:

  6         1.  To all counties that have a population of 150,000

  7  or fewer. Population levels shall be determined pursuant to s.

  8  11.031.

  9         2.  To all local governments located in eligible

10  counties.

11         3.  To Glades County, where a privately owned and

12  operated prison leased to the state has recently been opened

13  and where privately owned and operated juvenile justice

14  facilities leased to the state have recently been constructed

15  and opened, a payment in lieu of taxes, in an amount that

16  offsets the loss of property tax revenue, which funds have

17  already been appropriated and allocated from the Department of

18  Correction's budget for the purpose of reimbursing amounts

19  equal to lost ad valorem taxes.

20

21  Counties and local governments that did not receive payments

22  in lieu of taxes for lands purchased pursuant to s. 259.101

23  during fiscal year 1999-2000, if such counties and local

24  governments would have received payments pursuant to this

25  subsection as that section existed on June 30, 1999, shall

26  receive retroactive payments for such tax losses.

27         (c)  If insufficient funds are available in any year to

28  make full payments to all qualifying counties and local

29  governments, such counties and local governments shall receive

30  a pro rata share of the moneys available.

31


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    SB 278                                         First Engrossed



  1         (d)  The payment amount shall be based on the average

  2  amount of actual taxes paid on the property for the 3 years

  3  preceding acquisition. Applications for payment in lieu of

  4  taxes shall be made no later than January 31 of the year

  5  following acquisition. No payment in lieu of taxes shall be

  6  made for properties which were exempt from ad valorem taxation

  7  for the year immediately preceding acquisition.  If property

  8  which was subject to ad valorem taxation was acquired by a

  9  tax-exempt entity for ultimate conveyance to the state under

10  this chapter, payment in lieu of taxes shall be made for such

11  property based upon the average amount of taxes paid on the

12  property for the 3 years prior to its being removed from the

13  tax rolls. The department shall certify to the Department of

14  Revenue those properties that may be eligible under this

15  provision. Once eligibility has been established, that county

16  or local government shall receive 10 consecutive annual

17  payments for each tax loss, and no further eligibility

18  determination shall be made during that period.

19         (e)  Payment in lieu of taxes pursuant to this

20  subsection shall be made annually to qualifying counties and

21  local governments after certification by the Department of

22  Revenue that the amounts applied for are reasonably

23  appropriate, based on the amount of actual taxes paid on the

24  eligible property, and after the Department of Environmental

25  Protection has provided supporting documents to the

26  Comptroller and has requested that payment be made in

27  accordance with the requirements of this section.

28         (f)  If the board of trustees conveys to a local

29  government title to any land owned by the board, any payments

30  in lieu of taxes on the land made to the local government

31  shall be discontinued as of the date of the conveyance.


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    SB 278                                         First Engrossed



  1

  2  For the purposes of this subsection, "local government"

  3  includes municipalities, the county school board, mosquito

  4  control districts, and any other local government entity which

  5  levies ad valorem taxes, with the exception of a water

  6  management district.

  7

  8         Reviser's note.--Section 7, ch. 2000-170, Laws

  9         of Florida, purported to amend s.

10         259.032(12)(b), but failed to republish the

11         flush left language at the end of subsection

12         (12). In the absence of affirmative evidence

13         that the Legislature intended to repeal the

14         language, subsection (12) is reenacted to

15         confirm that the omission was not intended.

16

17         Section 46.  Subsection (4) of section 259.037, Florida

18  Statutes, is repealed, and subsections (1) and (3) of that

19  section are amended to read:

20         259.037  Land Management Uniform Accounting Council.--

21         (1)  The Land Management Uniform Accounting Council is

22  created within the Department of Environmental Protection and

23  shall consist of the director of the Division of State Lands,

24  the director of the Division of Recreation and Parks, the

25  director of the Office of Coastal and Aquatic Managed Areas,

26  and the director of the Office of Greenways and Trails of the

27  Department of Environmental Protection; the director of the

28  Division of Forestry of the Department of Agriculture and

29  Consumer Services; the executive director of the Fish and

30  Wildlife Conservation Commission; and the director of the

31  Division of Historical Resources of the Department of State,


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    SB 278                                         First Engrossed



  1  or their respective designees. Each state agency represented

  2  on the council shall have one vote.  The chair of the council

  3  shall rotate annually in the foregoing order of state

  4  agencies. The agency of the representative serving as chair of

  5  the council shall provide staff support for the council.  The

  6  Division of State Lands shall serve as the recipient of and

  7  repository for the council's documents.  The council shall

  8  meet initially by May 20, 2000, and thereafter at the request

  9  of the chair.

10         (3)  The council shall, by June 20, 2000, review

11  current land management practices and group closely related

12  land management activities and needs into categories.  All

13  land management activities and costs must be assigned to a

14  specific category, and any single activity or cost may not be

15  assigned to more than one category.  Administrative costs,

16  such as planning or training, shall be segregated from other

17  management activities.  Specific management activities and

18  costs must initially be grouped, at a minimum, within the

19  following categories:

20         (a)  Resource management.

21         (b)  Administration.

22         (c)  New facility construction.

23         (d)  Facility maintenance.

24

25  Upon adoption of the initial list of land management

26  categories by the council, agencies assigned to manage

27  conservation or recreation lands shall, on July 1, 2000, begin

28  to account for land management costs in accordance with the

29  category to which an expenditure is assigned.

30

31


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    SB 278                                         First Engrossed



  1         Reviser's note.--Subsection (1) is amended to

  2         delete language relating to the initial meeting

  3         of the Land Management Uniform Accounting

  4         Council by May 20, 2000. Subsection (3) is

  5         amended to delete language relating to a review

  6         to be completed by June 20, 2000. Subsection

  7         (4) is repealed to delete material requiring

  8         submittal of a list of land management

  9         categories by January 1, 2001.

10

11         Section 47.  Subsection (3) of section 259.101, Florida

12  Statutes, is amended to read:

13         259.101  Florida Preservation 2000 Act.--

14         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the

15  costs of issuance, the costs of funding reserve accounts, and

16  other costs with respect to the bonds, the proceeds of bonds

17  issued pursuant to this act shall be deposited into the

18  Florida Preservation 2000 Trust Fund created by s. 375.045.

19  Ten percent of the proceeds of any bonds deposited into the

20  Preservation 2000 Trust Fund shall be distributed by the

21  Department of Environmental Protection to the Department of

22  Environmental Protection for the purchase by the South Florida

23  Water Management District of lands in Dade, Broward, and Palm

24  Beach Counties identified in s. 7, chapter 95-349, Laws of

25  Florida. This distribution shall apply for any bond issue for

26  the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,

27  $20 million per year from the proceeds of any bonds deposited

28  into the Florida Preservation 2000 Trust Fund shall be

29  distributed by the Department of Environmental Protection to

30  the St. Johns Water Management District for the purchase of

31  lands necessary to restore Lake Apopka. In fiscal year


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    SB 278                                         First Engrossed



  1  2000-2001, for each Florida Preservation 2000 program

  2  described in paragraphs (a)-(g), that portion of each

  3  program's total remaining cash balance which, as of June 30,

  4  2000, is in excess of that program's total remaining

  5  appropriation balances shall be redistributed by the

  6  department and deposited into the Save Our Everglades Trust

  7  Fund for land acquisition. For purposes of calculating the

  8  total remaining cash balances for this redistribution, the

  9  Florida Preservation 2000 Series 2000 bond proceeds, including

10  interest thereon, and the fiscal year 1999-2000 General

11  Appropriations Act amounts shall be deducted from the

12  remaining cash and appropriation balances, respectively. The

13  remaining proceeds shall be distributed by the Department of

14  Environmental Protection in the following manner:

15         (a)  Fifty percent to the Department of Environmental

16  Protection for the purchase of public lands as described in s.

17  259.032.  Of this 50 percent, at least one-fifth shall be used

18  for the acquisition of coastal lands.

19         (b)  Thirty percent to the Department of Environmental

20  Protection for the purchase of water management lands pursuant

21  to s. 373.59, to be distributed among the water management

22  districts as provided in that section. Funds received by each

23  district may also be used for acquisition of lands necessary

24  to implement surface water improvement and management plans

25  approved in accordance with s. 373.456 or for acquisition of

26  lands necessary to implement the Everglades Construction

27  Project authorized by s. 373.4592.

28         (c)  Ten percent to the Department of Community Affairs

29  to provide land acquisition grants and loans to local

30  governments through the Florida Communities Trust pursuant to

31  part III of chapter 380.  From funds allocated to the trust,


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    SB 278                                         First Engrossed



  1  $3 million annually shall be used by the Division of State

  2  Lands within the Department of Environmental Protection to

  3  implement the Green Swamp Land Protection Initiative

  4  specifically for the purchase of conservation easements, as

  5  defined in s. 380.0677(4), of lands, or severable interests or

  6  rights in lands, in the Green Swamp Area of Critical State

  7  Concern.  From funds allocated to the trust, $3 million

  8  annually shall be used by the Monroe County Comprehensive Plan

  9  Land Authority specifically for the purchase of any real

10  property interest in either those lands subject to the Rate of

11  Growth Ordinances adopted by local governments in Monroe

12  County or those lands within the boundary of an approved

13  Conservation and Recreation Lands project located within the

14  Florida Keys or Key West Areas of Critical State Concern;

15  however, title to lands acquired within the boundary of an

16  approved Conservation and Recreation Lands project may, in

17  accordance with an approved joint acquisition agreement, vest

18  in the Board of Trustees of the Internal Improvement Trust

19  Fund.  Of the remaining funds allocated to the trust after the

20  above transfers occur, one-half shall be matched by local

21  governments on a dollar-for-dollar basis.  To the extent

22  allowed by federal requirements for the use of bond proceeds,

23  the trust shall expend Preservation 2000 funds to carry out

24  the purposes of part III of chapter 380.

25         (d)  Two and nine-tenths percent to the Department of

26  Environmental Protection for the purchase of inholdings and

27  additions to state parks. For the purposes of this paragraph,

28  "state park" means all real property in the state under the

29  jurisdiction of the Division of Recreation and Parks of the

30  department, or which may come under its jurisdiction.

31


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    SB 278                                         First Engrossed



  1         (e)  Two and nine-tenths percent to the Division of

  2  Forestry of the Department of Agriculture and Consumer

  3  Services to fund the acquisition of state forest inholdings

  4  and additions pursuant to s. 589.07.

  5         (f)  Two and nine-tenths percent to the Fish and

  6  Wildlife Conservation Commission to fund the acquisition of

  7  inholdings and additions to lands managed by the commission

  8  which are important to the conservation of fish and wildlife.

  9         (g)  One and three-tenths percent to the Department of

10  Environmental Protection for the Florida Greenways and Trails

11  Program, to acquire greenways and trails or greenways and

12  trails systems pursuant to chapter 260, including, but not

13  limited to, abandoned railroad rights-of-way and the Florida

14  National Scenic Trail.

15

16  Local governments may use federal grants or loans, private

17  donations, or environmental mitigation funds, including

18  environmental mitigation funds required pursuant to s.

19  338.250, for any part or all of any local match required for

20  the purposes described in this subsection.  Bond proceeds

21  allocated pursuant to paragraph (c) may be used to purchase

22  lands on the priority lists developed pursuant to s. 259.035.

23  Title to lands purchased pursuant to paragraphs (a), (d), (e),

24  (f), and (g) shall be vested in the Board of Trustees of the

25  Internal Improvement Trust Fund. Title to lands purchased

26  pursuant to paragraph (c) may be vested in the Board of

27  Trustees of the Internal Improvement Trust Fund. The board of

28  trustees shall hold title to land protection agreements and

29  conservation easements that were or will be acquired pursuant

30  to s. 380.0677, and the Southwest Florida Water Management

31  District and the St. Johns River Water Management District


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  1  shall monitor such agreements and easements within their

  2  respective districts until the state assumes this

  3  responsibility.

  4

  5         Reviser's note.--Repeals provisions requiring

  6         certain distributions of bond issue proceeds

  7         for the 1995-1996 and the 1997-1998 fiscal

  8         years.

  9

10         Section 48.  Subsection (4) of section 265.284, Florida

11  Statutes, is reenacted, and paragraph (c) of subsection (5) of

12  that section is amended to read:

13         265.284  Chief cultural officer; director of division;

14  powers and duties.--

15         (4)  There is created the Florida Fine Arts Trust Fund

16  to be administered by the Department of State for the purposes

17  set forth by law.  The Florida Fine Arts Trust Fund shall

18  receive distributions as provided in s. 320.08058.

19         (5)  The division is further authorized to:

20         (c)  Conduct and support cultural programs and cultural

21  exchanges in conjunction with the Department of Commerce and

22  other appropriate state agencies, including the acceptance of

23  funding, technical assistance, and other forms of support for

24  such purposes.

25

26         Reviser's note.--Subsection (4) is reenacted to

27         confirm the citation in the subsection to s.

28         320.08058 by s. 5, ch. 95-282, Laws of Florida.

29         Paragraph (5)(c) is amended to delete the

30         reference to the Department of Commerce.

31         Section 20.17, which created the department,


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    SB 278                                         First Engrossed



  1         was repealed by s. 3, ch. 96-320, Laws of

  2         Florida.

  3

  4         Section 49.  Section 267.171, Florida Statutes, is

  5  amended to read:

  6         267.171  St. Augustine; contract for preservation of

  7  historic properties.--The Department of State shall contract

  8  with the City of St. Augustine for the management of the

  9  various state-owned properties presently managed by the

10  Historic St. Augustine Preservation Board of Trustees.  The

11  contract shall provide that the City of St. Augustine may use

12  all proceeds derived from the management of state-owned

13  properties for the purpose of maintaining the state-owned

14  buildings and advancing historic preservation in the City of

15  St. Augustine.  Additionally, the department may appropriate

16  all remaining funds in the Historic St. Augustine Preservation

17  Board Operating Trust Fund to the City of St. Augustine for

18  maintenance of the state-owned buildings and advancing

19  historic preservation in the City of St. Augustine. The

20  Department of State may transfer ownership of and

21  responsibility for to any artifacts, documents, equipment, and

22  other forms of tangible personal property to the City of St.

23  Augustine to assist the city in the transition of the

24  management of state-owned properties. The Department of State

25  is authorized to use the unexpended balance of up to $500,000

26  in general revenue funds, as provided in the 1997-1998 General

27  Appropriations Act for the St. Augustine Preservation Board,

28  to enter into contracts with the City of St. Augustine to

29  continue the operations and maintenance of historic

30  properties.

31


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    SB 278                                         First Engrossed



  1         Reviser's note.--Amended to improve clarity and

  2         sentence construction.

  3

  4         Section 50.  Effective October 1, 2001, section

  5  267.171, Florida Statutes, as amended by section 2 of chapter

  6  2000-208, Laws of Florida, is amended to read:

  7         267.171  St. Augustine; contract for preservation of

  8  historic properties.--The Department of State shall contract

  9  with the City of St. Augustine for the management of the

10  various state-owned properties presently managed by the

11  Historic St. Augustine Preservation Board of Trustees.  The

12  contract shall provide that the City of St. Augustine may use

13  all proceeds derived from the management of state-owned

14  properties for the purpose of maintaining the state-owned

15  buildings and advancing historic preservation in the City of

16  St. Augustine.  The Department of State may transfer ownership

17  of and responsibility for to any artifacts, documents,

18  equipment, and other forms of tangible personal property to

19  the City of St. Augustine to assist the city in the transition

20  of the management of state-owned properties.

21

22         Reviser's note.--Amended to improve clarity and

23         sentence construction.

24

25         Section 51.  Subsections (1) and (9) of section

26  282.303, Florida Statutes, are amended to read:

27         282.303  Definitions.--For the purposes of ss.

28  282.303-282.322, the term:

29         (1)  "Agency" means those entities described in s.

30  216.011(1)(qq) 216.011(1)(mm).

31


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    SB 278                                         First Engrossed



  1         (9)  "State Annual Report on Enterprise Resource

  2  Planning and Management" means the report prepared by the

  3  State Technology Office as defined in s. 282.102 282.3093.

  4

  5         Reviser's note.--Subsection (1) is amended to

  6         conform to the redesignation of subunits in s.

  7         216.011 by s. 1, ch. 2000-371, Laws of Florida.

  8         Subsection (9) is amended to conform to the

  9         repeal of s. 282.3093 by s. 29, ch. 2000-164,

10         Laws of Florida, and the revision to s. 282.102

11         by s. 5, ch. 2000-164.

12

13         Section 52.  Subsections (1) and (3) of section 283.33,

14  Florida Statutes, are amended to read:

15         283.33  Printing of publications; lowest bidder

16  awards.--

17         (1)  Publications may be printed and prepared in-house,

18  by another agency or the Legislature, or purchased on bid,

19  whichever is more economical and practicable as determined by

20  the agency.  An agency may contract for binding separately

21  when more economical or practicable, whether or not the

22  remainder of the printing is done in-house.  A bidder may

23  subcontract for binding and still be considered a qualified

24  bidder or offeror, notwithstanding s. 287.012(13) 287.012(10).

25         (3)  Except as otherwise provided for in this part, a

26  contract for printing of a publication shall be subject to the

27  provisions of s. 287.062 and, when applicable, the definitions

28  in s. 287.012, and shall be considered a commodity for that

29  purpose.

30

31


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  1         Reviser's note.--Subsection (1) is amended to

  2         conform to the redesignation of subunits of s.

  3         287.012 by s. 11, ch. 90-268, Laws of Florida;

  4         s. 15, ch. 92-98, Laws of Florida; s. 107, ch.

  5         92-142, Laws of Florida; and s. 8, ch. 96-236,

  6         Laws of Florida. Subsection (3) is amended to

  7         conform to the repeal of s. 287.062 by s. 33,

  8         ch. 90-268.

  9

10         Section 53.  Subsection (3) of section 285.18, Florida

11  Statutes, is amended to read:

12         285.18  Tribal council as governing body; powers and

13  duties.--

14         (3)  The law enforcement agencies of the Seminole Tribe

15  of Florida and the Miccosukee Tribe of Indians of Florida

16  shall have the authority of "criminal justice agencies" as

17  defined in s. 943.045(10)(e) 943.045(10)(c) and shall have the

18  specific authority to negotiate agreements with the Florida

19  Department of Law Enforcement, the United States Department of

20  Justice, and other federal law enforcement agencies for access

21  to criminal history records for the purpose of conducting

22  ongoing criminal investigations and for the following

23  governmental purposes:

24         (a)  Background investigations, which are required for

25  employment by a tribal education program, tribal Head Start

26  program, or tribal day care program as may be required by

27  state or federal law.

28         (b)  Background investigations, which are required for

29  employment by tribal law enforcement agencies.

30         (c)  Background investigations, which are required for

31  employment by a tribal government.


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    SB 278                                         First Engrossed



  1         (d)  Background investigations with respect to all

  2  employees, primary management officials, and all persons

  3  having a financial interest in a class II Indian tribal gaming

  4  enterprise to ensure eligibility as provided in the Indian

  5  Gaming Regulatory Act, 25 U.S.C. ss. 2701 et al.

  6

  7  With regard to those investigations authorized in paragraphs

  8  (a), (c), and (d), each such individual shall file a complete

  9  set of his or her fingerprints that have been taken by an

10  authorized law enforcement officer, which set of fingerprints

11  shall be submitted to the Department of Law Enforcement for

12  state processing and to the Federal Bureau of Investigation

13  for federal processing. The cost of processing shall be borne

14  by the applicant.

15

16         Reviser's note.--Amended to conform to the

17         redesignation of s. 943.045(10)(c) as s.

18         943.045(10)(d) by s. 88, ch. 94-209, Laws of

19         Florida, and the further redesignation of s.

20         943.045(10)(d) as s. 943.045(10)(e) by s. 162,

21         ch. 98-403, Laws of Florida.

22

23         Section 54.  Paragraph (c) of subsection (4) of section

24  287.042, Florida Statutes, is amended to read:

25         287.042  Powers, duties, and functions.--The department

26  shall have the following powers, duties, and functions:

27         (4)  To establish a system of coordinated, uniform

28  procurement policies, procedures, and practices to be used by

29  agencies in acquiring commodities and contractual services,

30  which shall include, but not be limited to:

31


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    SB 278                                         First Engrossed



  1         (c)  Development of procedures for the receipt and

  2  opening of bids or proposals by an agency. Such procedures

  3  shall provide the Office of Supplier Diversity an opportunity

  4  to monitor and ensure that the contract award is consistent

  5  with the original request for proposal or invitation to bid,

  6  in accordance with s. 287.09451(4) 287.0945(6), and subject to

  7  the review of bid responses within standard timelines.

  8

  9         Reviser's note.--Amended to conform to the

10         repeal of s. 287.0945 by s. 27, ch. 96-320,

11         Laws of Florida, and the creation of s.

12         287.09451, which relates to the same subject

13         matter, by s. 28, ch. 96-320. Material formerly

14         found in s. 287.0945(6) now appears in s.

15         287.09451(4).

16

17         Section 55.  Subsection (9) of section 287.055, Florida

18  Statutes, is repealed, paragraph (d) of subsection (3) of that

19  section is amended, and paragraph (b) of subsection (4) of

20  that section, as amended by s. 23, ch. 85-104, Laws of

21  Florida, is reenacted to read:

22         287.055  Acquisition of professional architectural,

23  engineering, landscape architectural, or surveying and mapping

24  services; definitions; procedures; contingent fees prohibited;

25  penalties.--

26         (3)  PUBLIC ANNOUNCEMENT AND QUALIFICATION

27  PROCEDURES.--

28         (d)  Each agency shall evaluate professional services,

29  including capabilities, adequacy of personnel, past record,

30  experience, whether the firm is a certified minority business

31  enterprise as defined by the Florida Small and Minority


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    SB 278                                         First Engrossed



  1  Business Assistance Act of 1985, and other factors determined

  2  by the agency to be applicable to its particular requirements.

  3  When securing professional services, an agency must endeavor

  4  to meet the minority business enterprise procurement goals

  5  under s. 287.09451 287.0945.

  6         (4)  COMPETITIVE SELECTION.--

  7         (b)  The agency shall select in order of preference no

  8  fewer than three firms deemed to be the most highly qualified

  9  to perform the required services. In determining whether a

10  firm is qualified, the agency shall consider such factors as

11  the ability of professional personnel; whether a firm is a

12  certified minority business enterprise; past performance;

13  willingness to meet time and budget requirements; location;

14  recent, current, and projected workloads of the firms; and the

15  volume of work previously awarded to each firm by the agency,

16  with the object of effecting an equitable distribution of

17  contracts among qualified firms, provided such distribution

18  does not violate the principle of selection of the most highly

19  qualified firms. The agency may request, accept, and consider

20  proposals for the compensation to be paid under the contract

21  only during competitive negotiations under subsection (5).

22

23         Reviser's note.--Paragraph (3)(d) is amended to

24         conform to the repeal of s. 287.0945 by s. 27,

25         ch. 96-320, Laws of Florida, and the creation

26         of s. 287.09451, which relates to the same

27         subject matter, by s. 28, ch. 96-320. Paragraph

28         (4)(b) is reenacted to confirm the continued

29         existence of amendments to that paragraph by s.

30         23, ch. 85-104, Laws of Florida, despite the

31         October 1, 1995, repeal of s. 23, ch. 85-104,


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    SB 278                                         First Engrossed



  1         by s. 32, ch. 85-104. Subsection (9), which

  2         relates to validity of contracts in existence

  3         on July 1, 1973, has served its purpose.

  4

  5         Section 56.  Subsection (6) of section 287.057, Florida

  6  Statutes, is amended to read:

  7         287.057  Procurement of commodities or contractual

  8  services.--

  9         (6)(a)  In order to strive to meet the minority

10  business enterprise procurement goals set forth in s.

11  287.09451 287.0945, an agency may reserve any contract for

12  competitive sealed bidding only among certified minority

13  business enterprises. Agencies shall review all their

14  contracts each fiscal year and shall determine which contracts

15  may be reserved for bidding only among certified minority

16  business enterprises. This reservation may only be used when

17  it is determined, by reasonable and objective means, before

18  the invitation to bid that there are capable, qualified

19  certified minority business enterprises available to bid on a

20  contract to provide for effective competition. The Office of

21  Supplier Diversity shall consult with any agency in reaching

22  such determination when deemed appropriate.

23         (b)  Before a contract may be reserved for bidding only

24  by certified minority business enterprises, the agency head

25  must find that such a reservation is in the best interests of

26  the state. All determinations shall be subject to s.

27  287.09451(5) 287.0945(7). Once a decision has been made to

28  reserve a contract, but before sealed bids are requested, the

29  agency shall estimate what it expects the amount of the

30  contract to be, based on the nature of the services or

31  commodities involved and their value under prevailing market


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    SB 278                                         First Engrossed



  1  conditions. If all the sealed bids received are over this

  2  estimate, the agency may reject the bids and request new ones

  3  from certified minority business enterprises, or the agency

  4  may reject the bids and reopen the bidding to all eligible

  5  qualified bidders.

  6         (c)  All agencies shall consider the use of price

  7  preferences of up to 10 percent, weighted preference formulas,

  8  or other preferences for contractors as determined appropriate

  9  pursuant to guidelines established in accordance with s.

10  287.09451(4) 287.0945(6) to increase the participation of

11  minority business enterprises.

12         (d)  All agencies shall avoid any undue concentration

13  of contracts or purchases in categories of commodities or

14  contractual services in order to meet the minority business

15  enterprise purchasing goals in s. 287.09451 287.0945.

16

17         Reviser's note.--Amended to conform to the

18         repeal of s. 287.0945 by s. 27, ch. 96-320,

19         Laws of Florida, and the creation of s.

20         287.09451, which relates to the same subject

21         matter, by s. 28, ch. 96-320.

22

23         Section 57.  Paragraph (e) of subsection (3), paragraph

24  (a) of subsection (6), and subsection (12) of section

25  287.0943, Florida Statutes, are amended to read:

26         287.0943  Certification of minority business

27  enterprises.--

28         (3)

29         (e)  Any participating program receiving three or more

30  challenges to its certification decisions pursuant to

31  subsection (4) subsection (3) from other organizations that


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    SB 278                                         First Engrossed



  1  are executors to the statewide and interlocal agreement, shall

  2  be subject to a review by the office, as provided in

  3  paragraphs (a) and (b), of the organization's capacity to

  4  perform under such agreement and in accordance with the core

  5  criteria established by the task force. The office shall

  6  submit a report to the secretary of the Department of

  7  Management Services regarding the results of the review.

  8         (6)(a)  The office shall maintain up-to-date records of

  9  all certified minority business enterprises, as defined in s.

10  288.703, and of applications for certification that were

11  denied and shall make this list available to all agencies. The

12  office shall, for statistical purposes, collect and track

13  subgroupings of gender and nationality status for each

14  certified minority business enterprise. Agency spending shall

15  also be tracked for these subgroups. The records may include

16  information about minority business enterprises that provide

17  legal services, auditing services, and health services.

18  Agencies shall use this list in efforts to meet the minority

19  business enterprise procurement goals set forth in s.

20  287.09451 289.09451.

21         (12)  Any executor of the statewide and interlocal

22  agreement may revoke the certification or recertification of a

23  firm doing business as a certified minority business

24  enterprise if the minority business enterprise does not meet

25  the requirements of the jurisdiction or certifying entity that

26  certified or recertified the firm as a certified minority

27  business enterprise, or the requirements of subsection (2)

28  subsection (1), s. 288.703, and any rule of the office or the

29  Department of Management Services or if the business acquired

30  certification or recertification by means of falsely

31


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    SB 278                                         First Engrossed



  1  representing any entity as a minority business enterprise for

  2  purposes of qualifying for certification or recertification.

  3

  4         Reviser's note.--Paragraph (3)(e) and

  5         subsection (12) were amended to conform to the

  6         redesignation of subunits by s. 2, ch.

  7         2000-286, Laws of Florida. Paragraph (6)(a) was

  8         amended to correct an apparent error. Section

  9         289.09451 does not exist; s. 287.09451 relates

10         to minority business enterprise procurement

11         goals.

12

13         Section 58.  Paragraph (d) of subsection (2) of section

14  288.012, Florida Statutes, is amended to read:

15         288.012  State of Florida foreign offices.--The

16  Legislature finds that the expansion of international trade

17  and tourism is vital to the overall health and growth of the

18  economy of this state. This expansion is hampered by the lack

19  of technical and business assistance, financial assistance,

20  and information services for businesses in this state. The

21  Legislature finds that these businesses could be assisted by

22  providing these services at State of Florida foreign offices.

23  The Legislature further finds that the accessibility and

24  provision of services at these offices can be enhanced through

25  cooperative agreements or strategic alliances between state

26  entities, local entities, foreign entities, and private

27  businesses.

28         (2)  Each foreign office shall have in place an

29  operational plan approved by the participating boards or other

30  governing authority, a copy of which shall be provided to the

31  Office of Tourism, Trade, and Economic Development.  These


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    SB 278                                         First Engrossed



  1  operating plans shall be reviewed and updated each fiscal year

  2  and shall include, at a minimum, the following:

  3         (d)  Identification of new and emerging market

  4  opportunities for Florida businesses.  Each foreign office

  5  shall provide the Florida Trade Data Center with a compilation

  6  of foreign buyers and importers in industry sector priority

  7  areas on an annual basis.  In return, the Florida Trade Data

  8  Center shall make available to each foreign office, and to

  9  Enterprise Florida, Inc., the Florida Commission on Tourism,

10  the Florida Ports Council, the Department of State, the

11  Department of Citrus, and the Department of Agriculture and

12  Consumer Services, trade industry, commodity, and opportunity

13  information.  This information shall be provided to such

14  offices and entities either free of charge or on a fee basis

15  with fees set only to recover the costs of providing the

16  information.

17

18         Reviser's note.--Amended to conform to the

19         correct title of the department as created in

20         s. 20.14.

21

22         Section 59.  Paragraph (i) of subsection (1) of section

23  288.106, Florida Statutes, is amended to read:

24         288.106  Tax refund program for qualified target

25  industry businesses.--

26         (1)  DEFINITIONS.--As used in this section:

27         (i)  "Jobs" means full-time equivalent positions, as

28  such terms are consistent with terms used by the Department of

29  Labor and Employment Security and the United States Department

30  of Labor for purposes of unemployment compensation tax

31  administration and employment estimation, resulting directly


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    SB 278                                         First Engrossed



  1  from a project in this state. This number shall not include

  2  temporary construction jobs involved with the construction of

  3  facilities for the project or any jobs which have previously

  4  been included in any application for tax refunds under s.

  5  288.1045 288.104 or this section.

  6

  7         Reviser's note.--Amended to conform to the

  8         repeal of s. 288.104, which provided for the

  9         qualified defense contractor tax refund

10         program, by s. 8, ch. 96-348, Laws of Florida,

11         and the creation of s. 288.1045, which provides

12         for the qualified defense contractor tax refund

13         program, by s. 1, ch. 96-348.

14

15         Section 60.  Subsections (1), (2), and (3) of section

16  288.1066, Florida Statutes, are amended to read:

17         288.1066  Confidentiality of records.--

18         (1)  The following information when received by the

19  Department of Commerce; the Office of Tourism, Trade, and

20  Economic Development; Enterprise Florida, Inc.; or county or

21  municipal governmental entities and their employees pursuant

22  to the qualified defense contractor tax refund program as

23  required by s. 288.1045 is confidential and exempt from the

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

25  Constitution for a period not to exceed the duration of the

26  tax refund agreement or 10 years, whichever is earlier:

27         (a)  The applicant's federal employer identification

28  number and Florida sales tax registration number.

29         (b)  The percentage of the applicant's gross receipts

30  derived from Department of Defense contracts during the 5

31


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  1  taxable years immediately preceding the date the application

  2  is submitted.

  3         (c)  The amount of:

  4         1.  Taxes on sales, use, and other transactions paid

  5  pursuant to chapter 212;

  6         2.  Corporate income taxes paid pursuant to chapter

  7  220;

  8         3.  Intangible personal property taxes paid pursuant to

  9  chapter 199;

10         4.  Emergency excise taxes paid pursuant to chapter

11  221; and

12         5.  Ad valorem taxes paid

13

14  during the 5 fiscal years immediately preceding the date of

15  the application, and the projected amounts of such taxes to be

16  due in the 3 fiscal years immediately following the date of

17  the application.

18         (d)  Any trade secret information as defined in s.

19  812.081 contained within any statement concerning the

20  applicant's need for tax refunds or concerning the proposed

21  uses of such refunds by the applicant.

22         (2)  The following information when received by the

23  Department of Commerce; the Office of Tourism, Trade, and

24  Economic Development; Enterprise Florida, Inc.; or county or

25  municipal governmental entities and their employees pursuant

26  to the qualified target industry tax refund program as

27  required by s. 288.106 is confidential and exempt from the

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

29  Constitution for a period not to exceed the duration of the

30  tax refund agreement or 10 years, whichever is earlier:

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  1         (a)  The applicant's federal employer identification

  2  number and Florida sales tax registration number.

  3         (b)  Any trade secret information as defined in s.

  4  812.081 contained within any description of the type of

  5  business activity or product covered by the project.

  6         (c)  The anticipated wages of those jobs projected to

  7  be created by the project.

  8         (d)  The amount of:

  9         1.  Taxes on sales, use, and other transactions paid

10  pursuant to chapter 212;

11         2.  Corporate income taxes paid pursuant to chapter

12  220;

13         3.  Intangible personal property taxes paid pursuant to

14  chapter 199;

15         4.  Emergency excise taxes paid pursuant to chapter

16  221; and

17         5.  Ad valorem taxes paid

18

19  during the 5 fiscal years immediately preceding the date of

20  the application, and the projected amounts of such taxes to be

21  due in the 3 fiscal years immediately following the date of

22  the application.

23         (e)  Any trade secret information as defined in s.

24  812.081 contained within any statement concerning the role

25  that the tax refunds requested will play in the decision of

26  the applicant to locate or expand in this state.

27         (f)  An estimate of the proportion of the sales

28  resulting from the project that will be made outside this

29  state.

30         (3)  Nothing contained in this section shall prevent

31  the Department of Commerce; the Office of Tourism, Trade, and


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  1  Economic Development; Enterprise Florida, Inc.; or any county

  2  or municipal governmental entity receiving the information

  3  described in this section from publishing statistics in the

  4  aggregate and so classified as to prevent the identification

  5  of a single qualified applicant.

  6

  7         Reviser's note.--Amended to conform to the

  8         repeal of s. 20.17, which created the

  9         Department of Commerce, by ch. 96-320, Laws of

10         Florida.

11

12         Section 61.  Subsection (1) of section 288.1167,

13  Florida Statutes, is amended to read:

14         288.1167  Sports franchise contract provisions for food

15  and beverage concession and contract awards to minority

16  business enterprises.--Any applicant who receives funding

17  pursuant to the provisions of s. 212.20 must demonstrate that:

18         (1)  Funds and facilities with respect to food and

19  beverage and related concessions shall be awarded to minority

20  business enterprises as defined in s. 288.703 on the same

21  terms and conditions as the general food and beverage

22  concessionaire and in accordance with the minority business

23  enterprise procurement goals set forth in s. 287.09451

24  287.0945;

25

26         Reviser's note.--Amended to conform to the

27         repeal of s. 287.0945 by s. 27, ch. 96-320,

28         Laws of Florida, and the creation of s.

29         287.09451, which relates to the same subject

30         matter, by s. 28, ch. 96-320.

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  1         Section 62.  Subsection (6) of section 288.1169,

  2  Florida Statutes, is amended to read:

  3         288.1169  International Game Fish Association World

  4  Center facility; department duties.--

  5         (6)  The Department of Commerce must recertify every 10

  6  years that the facility is open, that the International Game

  7  Fish Association World Center continues to be the only

  8  international administrative headquarters, fishing museum, and

  9  Hall of Fame in the United States recognized by the

10  International Game Fish Association, and that the project is

11  meeting the minimum projections for attendance or sales tax

12  revenues as required at the time of original certification.

13  If the facility is not recertified during this 10-year review

14  as meeting the minimum projections, then funding will be

15  abated until certification criteria are met.  If the project

16  fails to generate $1 million of annual revenues pursuant to

17  paragraph (2)(e), the distribution of revenues pursuant to s.

18  212.20(6)(e)7.d. 212.20(6)(e)6.c. shall be reduced to an

19  amount equal to $83,333 multiplied by a fraction, the

20  numerator of which is the actual revenues generated and the

21  denominator of which is $1 million.  Such reduction shall

22  remain in effect until revenues generated by the project in a

23  12-month period equal or exceed $1 million.

24

25         Reviser's note.--Amended to conform to the

26         redesignation of subunits of s. 212.20 incident

27         to the compiling of the Florida Statutes 2000.

28

29         Section 63.  Subsection (7) and paragraph (g) of

30  subsection (8) of section 288.1229, Florida Statutes, are

31  amended to read:


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  1         288.1229  Promotion and development of sports-related

  2  industries and amateur athletics; direct-support organization;

  3  powers and duties.--

  4         (7)  In exercising the power provided in this section,

  5  the Office of Tourism, Trade, and Economic Development may

  6  authorize and contract with the direct-support organization

  7  existing on June 30, 1996, and authorized by the former

  8  Florida Department of Commerce to promote sports-related

  9  industries. An appointed member of the board of directors of

10  such direct-support organization as of June 30, 1996, may

11  serve the remainder of his or her unexpired term.

12         (8)  To promote amateur sports and physical fitness,

13  the direct-support organization shall:

14         (g)  Continue the successful amateur sports programs

15  previously conducted by the Florida Governor's Council on

16  Physical Fitness and Amateur Sports created under former s.

17  14.22.

18

19         Reviser's note.--Subsection (7) is amended to

20         conform to the repeal of s. 20.17, which

21         created the Department of Commerce, by s. 3,

22         ch. 96-320, Laws of Florida. Paragraph (8)(g)

23         is amended to conform to the repeal of s. 14.22

24         by s. 10, ch. 99-251, Laws of Florida.

25

26         Section 64.  Subsection (1) of section 288.7771,

27  Florida Statutes, is repealed.

28

29         Reviser's note.--The repealed provision

30         required the annual report of the Florida

31         Export Finance Corporation to include the


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  1         evaluation required by s. 288.7772(1), which

  2         was repealed by s. 44, ch. 2000-158, Laws of

  3         Florida.

  4

  5         Section 65.  Paragraph (a) of subsection (4) of section

  6  290.0065, Florida Statutes, is amended to read:

  7         290.0065  State designation of enterprise zones.--

  8         (4)(a)  Notwithstanding s. 290.0055, any area existing

  9  as a state enterprise zone as of the effective date of this

10  section and originally approved through a joint application

11  from a county and municipality, or through an application from

12  a county as defined in s. 125.011(1), shall be redesignated as

13  a state enterprise zone upon the creation of an enterprise

14  zone development agency pursuant to s. 290.0056 and the

15  completion of a strategic plan pursuant to s. 290.0057.  Any

16  area redesignated pursuant to this subsection, other than an

17  area located in a county defined in s. 125.011(1), may be

18  relocated or modified by the appropriate governmental bodies.

19  Such relocation or modification shall be identified in the

20  strategic plan and shall meet the requirements for designation

21  as established by former s. 290.005. Any relocation or

22  modification shall be submitted on or before June 1, 1996.

23

24         Reviser's note.--Amended to conform to the

25         repeal of s. 290.005 by s. 20, ch. 94-136, Laws

26         of Florida.

27

28         Section 66.  Subsection (8) of section 290.007, Florida

29  Statutes, is amended to read:

30

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  1         290.007  State incentives available in enterprise

  2  zones.--The following incentives are provided by the state to

  3  encourage the revitalization of enterprise zones:

  4         (8)  Notwithstanding any law to the contrary, the

  5  Public Service Commission may allow public utilities and

  6  telecommunications companies to grant discounts of up to 50

  7  percent on tariffed rates for services to small businesses

  8  located in an enterprise zone designated pursuant to s.

  9  290.0065. Such discounts may be granted for a period not to

10  exceed 5 years. For purposes of this subsection, "public

11  utility" has the same meaning as in s. 366.02(1) and

12  "telecommunications company" has the same meaning as in s.

13  364.02(12) 364.02(7).

14

15         Reviser's note.--Amended to conform to the

16         redesignation of s. 364.02(7) as s. 364.02(12)

17         by s. 6, ch. 95-403, Laws of Florida.

18

19         Section 67.  Subsection (7) of section 320.0848,

20  Florida Statutes, is amended to read:

21         320.0848  Persons who have disabilities; issuance of

22  disabled parking permits; temporary permits; permits for

23  certain providers of transportation services to persons who

24  have disabilities.--

25         (7)  Any person who fraudulently obtains or unlawfully

26  displays a disabled parking permit that belongs to another

27  person while occupying a disabled parking space or an access

28  aisle as defined in s. 553.5041 316.1955 while the owner of

29  the permit is not being transported in the vehicle or who uses

30  an unauthorized replica of such a disabled parking permit with

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  1  the intent to deceive is guilty of a misdemeanor of the second

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

  3

  4         Reviser's note.--Amended to conform to the

  5         deletion of the references to disabled parking

  6         spaces and access aisles from s. 316.1955 by s.

  7         16, ch. 2000-141, Laws of Florida, and the

  8         definition of those terms in s. 553.5041,

  9         created by s. 66, ch. 2000-141.

10

11         Section 68.  Subsection (2) of section 320.20, Florida

12  Statutes, is amended to read:

13         320.20  Disposition of license tax moneys.--The revenue

14  derived from the registration of motor vehicles, including any

15  delinquent fees and excluding those revenues collected and

16  distributed under the provisions of s. 320.081, must be

17  distributed monthly, as collected, as follows:

18         (2)  Twenty-five million dollars per year of such

19  revenues must be deposited in the State Transportation Trust

20  Fund, with priority use assigned to completion of the

21  interstate highway system.  However, any excess funds may be

22  utilized for general transportation purposes, consistent with

23  the Department of Transportation's legislatively approved

24  objectives.  Prior to such utilization, the department's

25  comptroller shall certify that adequate funds are available to

26  assure expeditious completion of the interstate highway system

27  and to award all such contracts by 1990.

28

29         Reviser's note.--Amended to delete obsolete

30         language requiring contracts to be awarded by

31         1990.


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  1         Section 69.  Subsection (5) of section 320.27, Florida

  2  Statutes, is amended to read:

  3         320.27  Motor vehicle dealers.--

  4         (5)  SUPPLEMENTAL LICENSE.--Any person licensed

  5  hereunder shall obtain a supplemental license for each

  6  permanent additional place or places of business not

  7  contiguous to the premises for which the original license is

  8  issued, on a form to be furnished by the department, and upon

  9  payment of a fee of $50 for each such additional location.

10  Upon making renewal applications for such supplemental

11  licenses, such applicant shall pay $50 for each additional

12  location. A supplemental license authorizing off-premises

13  sales shall be issued, at no charge to the dealer, for a

14  period not to exceed 10 consecutive calendar days. To obtain

15  such a temporary supplemental license for off-premises sales,

16  the applicant must be a licensed dealer; must notify the

17  applicable local department office of the specific dates and

18  location for which such license is requested, display a sign

19  at the licensed location clearly identifying the dealer, and

20  provide staff to work at the temporary location for the

21  duration of the off-premises sale; must meet any local

22  government permitting requirements; and must have permission

23  of the property owner to sell at that location. In the case of

24  an off-premises sale by a motor vehicle dealer licensed under

25  subparagraph (1)(c)1. for the sale of new motor vehicles, the

26  applicant must also include documentation notifying the

27  applicable licensee licensed under s. 320.61 of the intent to

28  engage in an off-premises sale 5 working days prior to the

29  date of the off-premises sale. The licensee shall either

30  approve or disapprove of the off-premises sale within with 2

31  working days after receiving notice; otherwise, it will be


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  1  deemed approved. This section does not apply to a nonselling

  2  motor vehicle show or public display of new motor vehicles.

  3

  4         Reviser's note.--Amended to improve clarity and

  5         to facilitate correct interpretation.

  6

  7         Section 70.  Subsection (1) of section 322.051, Florida

  8  Statutes, is reenacted to read:

  9         322.051  Identification cards.--

10         (1)  Any person who is 12 years of age or older, or any

11  person who has a disability, regardless of age, who applies

12  for a disabled parking permit under s. 320.0848, may be issued

13  an identification card by the department upon completion of an

14  application and payment of an application fee.

15         (a)  Each such application shall include the following

16  information regarding the applicant:

17         1.  Full name (first, middle or maiden, and last),

18  gender, social security card number, residence and mailing

19  address, and a brief description.

20         2.  Proof of birth date satisfactory to the department.

21         3.  Proof of identity satisfactory to the department.

22  Such proof must include one of the following unless a driver's

23  license record or identification card record has already been

24  established: a certified copy of a United States birth

25  certificate, a valid United States passport, an alien

26  registration receipt card (green card), an employment

27  authorization card issued by the United States Department of

28  Justice, or proof of nonimmigrant classification provided by

29  the United States Department of Justice, for an original

30  identification card.

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  1         (b)  An application for an identification card must be

  2  signed and verified by the applicant in a format designated by

  3  the department before a person authorized to administer oaths.

  4  The fee for an identification card is $3, including payment

  5  for the color photograph or digital image of the applicant.

  6

  7         Reviser's note.--Section 35, ch. 2000-313, Laws

  8         of Florida, purported to amend paragraph

  9         (1)(a), but failed to republish the

10         introductory paragraph of this subsection. In

11         the absence of affirmative evidence that the

12         Legislature intended to repeal the language,

13         subsection (1) is reenacted to confirm that the

14         omission was not intended.

15

16         Section 71.  Paragraph (b) of subsection (4) of section

17  323.001, Florida Statutes, is amended to read:

18         323.001  Wrecker operator storage facilities; vehicle

19  holds.--

20         (4)  The requirements for a written hold apply when the

21  following conditions are present:

22         (b)  The officer has probable cause to believe the

23  vehicle should be seized and forfeited under s. 372.312

24  370.442;

25

26         Reviser's note.--Amended to correct an apparent

27         error; s. 370.442 does not exist. Section

28         372.312 provides for forfeiture proceedings

29         relating to violations of chapter 372. An

30         earlier version of 2000 H.B. 1071 had proposed

31         a transfer of s. 372.312 to s. 370.442. The


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  1         proposed transfer was eliminated when 2000 H.B.

  2         1071 was added to 2000 C.S. for S.B. 186

  3         without deleting the cross-reference change

  4         made in s. 323.001.

  5

  6         Section 72.  Subsection (3) of section 328.16, Florida

  7  Statutes, is amended to read:

  8         328.16  Issuance in duplicate; delivery; liens and

  9  encumbrances.--

10         (3)  Except as provided in s. 328.15(11) 328.15(12),

11  the certificate of title shall be retained by the first

12  lienholder.  The first lienholder is entitled to retain the

13  certificate until the first lien is satisfied.

14

15         Reviser's note.--Amended to conform to the

16         repeal of former s. 328.15(10) by s. 39, ch.

17         2000-313, Laws of Florida.

18

19         Section 73.  Subsection (1) of section 331.304, Florida

20  Statutes, is amended to read:

21         331.304  Spaceport territory.--The following property

22  shall constitute spaceport territory:

23         (1)  Certain real property located in Brevard County

24  that is included within the 1998 boundaries of Patrick Air

25  Force Base, Cape Canaveral Air Force Station, or John F.

26  Kennedy Space Center.

27

28         Reviser's note.--Amended to conform to the full

29         title of the Cape Canaveral Air Force Station

30         and to improve clarity.

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  1         Section 74.  Section 348.7543, Florida Statutes, is

  2  amended to read:

  3         348.7543  Improvements, bond financing authority

  4  for.--Pursuant to s. 11(f) 11(e), Art. VII of the State

  5  Constitution, the Legislature hereby approves for bond

  6  financing by the Orlando-Orange County Expressway Authority

  7  improvements to toll collection facilities, interchanges to

  8  the legislatively approved expressway system, and any other

  9  facility appurtenant, necessary, or incidental to the approved

10  system.  Subject to terms and conditions of applicable revenue

11  bond resolutions and covenants, such financing may be in whole

12  or in part by revenue bonds currently issued, issued in the

13  future, or by a combination of such bonds.

14

15         Reviser's note.--Amended to conform to the

16         redesignation of s. 11(e), Art. VII of the

17         State Constitution, as s. 11(f) necessitated by

18         the creation of a new s. 11(e) by Revision No.

19         5 (1998).

20

21

22

23

24

25

26

27

28

29

30

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