House Bill hb0501e3
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                                        CS/HB 501, Third Engrossed
  1                      A bill to be entitled
  2         An act relating to abolishment of boards,
  3         commissions, councils, and other entities;
  4         repealing s. 24.106, F.S., to abolish the State
  5         Lottery Commission; repealing s. 24.103(3),
  6         F.S., to delete the definition of "commission,"
  7         to conform; amending ss. 24.105, 24.108, and
  8         24.123, F.S.; deleting references to the State
  9         Lottery Commission, to conform; repealing s.
10         228.054, F.S., to abolish the Joint
11         Developmental Research School Planning,
12         Articulation, and Evaluation Committee;
13         amending s. 228.053, F.S.; transferring to the
14         Commissioner of Education duties of the Joint
15         Developmental Research School Planning,
16         Articulation, and Evaluation Committee relating
17         to the securing of waivers to the Florida
18         School Code, to conform; amending s. 228.2001,
19         F.S.; deleting provisions authorizing the Task
20         Force on Gender Equity in Education; amending
21         s. 230.2305, F.S., and repealing subsection
22         (7), relating to district interagency
23         coordinating councils on early childhood
24         services, to abolish the councils and delete
25         provisions relating to their duties;
26         transferring to the Department of Education
27         duties of the district interagency coordinating
28         councils, to conform; amending ss. 230.2303,
29         230.2306, 402.3015, 409.178, and 411.01, F.S.;
30         deleting provisions relating to duties of the
31         interagency coordinating councils on early
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                                        CS/HB 501, Third Engrossed
  1         childhood services, to conform; repealing s.
  2         232.2466(3), F.S., to delete authority for the
  3         college-ready diploma program task forces;
  4         repealing s. 255.565, F.S., to abolish the
  5         Asbestos Oversight Program Team; amending ss.
  6         255.553, 255.556, and 255.563, F.S.; removing
  7         references to the Asbestos Oversight Program
  8         Team, to conform; repealing s. 272.12(2)-(6),
  9         F.S., to abolish the Capitol Center Planning
10         Commission and delete provisions relating to
11         its duties; amending ss. 272.121 and 295.184,
12         F.S.; removing and revising references to the
13         Capitol Center Planning Commission, to conform;
14         transferring duties of the Capitol Center
15         Planning Commission to the City of Tallahassee
16         and the Department of Management Services;
17         providing for current owners' permits within
18         the Capitol Center Planning District to
19         continue; repealing s. 282.3095, F.S., to
20         abolish the Task Force on Privacy and
21         Technology created by the State Technology
22         Office; repealing s. 285.19, F.S., to abolish
23         the Creek Indian Council; repealing s. 286.30,
24         F.S., to abolish the Commission on Government
25         Accountability to the People; amending s.
26         216.235, F.S.; providing for appointment of a
27         member to the State Innovation Committee by the
28         Governor in lieu of the Commission on
29         Government Accountability to the People, to
30         conform; repealing s. 391.222, F.S., to abolish
31         the Cardiac Advisory Council; amending s.
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                                        CS/HB 501, Third Engrossed
  1         402.40, F.S.; deleting an obsolete reference to
  2         the Child Welfare Training Council; repealing
  3         s. 404.056(2), F.S., to abolish the Florida
  4         Coordinating Council on Radon Protection;
  5         amending s. 440.49, F.S., and repealing
  6         subsections (13) and (14), relating to the
  7         Special Disability Trust Fund Privatization
  8         Commission and the Florida Special Disability
  9         Trust Fund Financing Corporation, to abolish
10         the commission and corporation and delete or
11         revise references thereto; abolishing the
12         advisory committee on conservation of the fund;
13         repealing s. 442.105, F.S., to abolish the
14         Toxic Substances Advisory Council; repealing
15         ss. 499.005(26) and 499.05(1)(c), F.S., to
16         delete obsolete references to the Florida Drug
17         Technical Review Panel and the investigational
18         drug program; amending s. 499.015, F.S.;
19         deleting an obsolete reference to the
20         investigational drug program; repealing s.
21         548.045, F.S., to abolish the Medical Advisory
22         Council under the Florida State Boxing
23         Commission; amending s. 548.046, F.S.; deleting
24         reference to the Medical Advisory Council, to
25         conform; repealing s. 13, ch. 99-332, Laws of
26         Florida, to abolish the Task Force on Home
27         Health Services Licensure Provisions; repealing
28         s. 11, ch. 99-354, Laws of Florida, to abolish
29         the Information Service Technology Development
30         Task Force; repealing s. 240.5186(11), F.S.,
31         relating to authority of the Institute on Urban
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                                        CS/HB 501, Third Engrossed
  1         Policy and Commerce to subcontract with the
  2         Information Service Technology Development Task
  3         Force for assistance under the Community
  4         High-Technology Investment Partnership (CHIP)
  5         program, to conform; repealing s. 6, ch.
  6         99-393, Laws of Florida, to abolish the
  7         advisory group on the submission and payment of
  8         health claims established by the Director of
  9         the Agency for Health Care Administration;
10         repealing s. 192, ch. 99-397, Laws of Florida,
11         to abolish the task force established to review
12         funding sources of the Public Medical
13         Assistance Trust Fund; abolishing the Diversity
14         Council and the State Customer Advisory Council
15         under the Department of Labor and Employment
16         Security; abolishing the State Agency Law
17         Enforcement Radio System Review Panel under the
18         Department of Management Services; abolishing
19         the Driver's Under the Influence (DUI) Advisory
20         Council and the Florida Rider Training Program
21         Citizen Motorcycle Safety Council under the
22         Department of Highway Safety and Motor
23         Vehicles; abolishing the Florida City State
24         Farmers Market Advisory Committee, Fort Myers
25         State Farmers Market Advisory Council, Fort
26         Pierce State Farmers Market Advisory Council,
27         Gadsden County State Farmers Market Advisory
28         Council, Immokalee State Farmers Market
29         Advisory Council, Nitrate Bill Best Management
30         Practices Advisory Group, Palatka State Farmers
31         Market Advisory Council, Plant City State
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                                        CS/HB 501, Third Engrossed
  1         Farmers Market Advisory Council, Pompano Beach
  2         Farmers Market Authority, Sanford State Farmers
  3         Market Advisory Council, Seed Potato Advisory
  4         Council, Starke State Farmers Market Advisory
  5         Council, Suwannee Valley State Farmers Market
  6         Advisory Council, Trenton State Farmers Market
  7         Advisory Council, Tropical Soda Apple Task
  8         Force, and Wauchula State Farmers Market
  9         Advisory Council; repealing s. 290.049, F.S.,
10         relating to the Community Development Block
11         Grant Advisory Council; amending s. 290.048,
12         F.S.; establishing an advisory committee;
13         providing for the vesting of certain rights
14         pertaining to private projects that have been
15         approved by the Capitol Center Planning
16         Commission, in specified circumstances;
17         amending s. 121.22, F.S.; modifying the
18         membership of the State Retirement Commission;
19         reenacting ss. 570.40, 570.41, F.S., relating
20         to the Division of Dairy Industry,
21         notwithstanding a repeal; reenacting ss.
22         20.14(2), 570.29, 570.18, 570.50, 570.51(1),
23         F.S.; reestablishing the Division of Dairy
24         Industry; providing effective dates.
25  
26  Be It Enacted by the Legislature of the State of Florida:
27  
28         Section 1.  Subsection (3) of section 24.103, Florida
29  Statutes, and section 24.106, Florida Statutes, are repealed.
30         Section 2.  Section 24.105, Florida Statutes, is
31  amended to read:
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                                        CS/HB 501, Third Engrossed
  1         24.105  Powers and duties of department.--The
  2  department shall:
  3         (1)  Have the authority to sue or be sued in the
  4  corporate name of the department and to adopt a corporate seal
  5  and symbol.
  6         (2)  Supervise and administer the operation of the
  7  lottery in accordance with the provisions of this act and
  8  rules adopted pursuant thereto.
  9         (3)  For purposes of any investigation or proceeding
10  conducted by the department, have the power to administer
11  oaths, require affidavits, take depositions, issue subpoenas,
12  and compel the attendance of witnesses and the production of
13  books, papers, documents, and other evidence.
14         (4)  Make available to the commission any record or
15  other information relating to the lottery that the commission
16  requests.
17         (4)(5)  Submit monthly and annual reports to the
18  commission, the Governor, the Treasurer, the President of the
19  Senate, and the Speaker of the House of Representatives
20  disclosing the total lottery revenues, prize disbursements,
21  and other expenses of the department during the preceding
22  month.  The annual report shall additionally describe the
23  organizational structure of the department, including its
24  hierarchical structure, and shall identify the divisions and
25  bureaus created by the secretary and summarize the
26  departmental functions performed by each.
27         (5)(6)  Adopt by rule a system of internal audits.
28         (6)(7)  Maintain weekly or more frequent records of
29  lottery transactions, including the distribution of tickets to
30  retailers, revenues received, claims for prizes, prizes paid,
31  and other financial transactions of the department.
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                                        CS/HB 501, Third Engrossed
  1         (7)(8)  Make a continuing study of the lottery to
  2  ascertain any defects of this act or rules adopted thereunder
  3  which could result in abuses in the administration of the
  4  lottery; make a continuing study of the operation and the
  5  administration of similar laws in other states and of federal
  6  laws which may affect the lottery; and make a continuing study
  7  of the reaction of the public to existing and potential
  8  features of the lottery.
  9         (8)(9)  Conduct such market research as is necessary or
10  appropriate, which may include an analysis of the demographic
11  characteristics of the players of each lottery game and an
12  analysis of advertising, promotion, public relations,
13  incentives, and other aspects of communications.
14         (9)(10)  Adopt rules governing the establishment and
15  operation of the state lottery, including:
16         (a)  The type of lottery games to be conducted, except
17  that:
18         1.  No name of an elected official shall appear on the
19  ticket or play slip of any lottery game or on any prize or on
20  any instrument used for the payment of prizes, unless such
21  prize is in the form of a state warrant.
22         2.  No coins or currency shall be dispensed from any
23  electronic computer terminal or device used in any lottery
24  game.
25         3.  Other than as provided in subparagraph 4., no
26  terminal or device may be used for any lottery game which may
27  be operated solely by the player without the assistance of the
28  retailer.
29         4.  The only player-activated machine which may be
30  utilized is a machine which dispenses instant lottery game
31  tickets following the insertion of a coin or currency by a
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                                        CS/HB 501, Third Engrossed
  1  ticket purchaser.  To be authorized a machine must: be under
  2  the supervision and within the direct line of sight of the
  3  lottery retailer to ensure that the machine is monitored and
  4  only operated by persons at least 18 years of age; be capable
  5  of being electronically deactivated by the retailer to
  6  prohibit use by persons less than 18 years of age through the
  7  use of a lockout device that maintains the machine's
  8  deactivation for a period of no less than 5 minutes; and be
  9  designed to prevent its use or conversion for use in any
10  manner other than the dispensing of instant lottery tickets.
11  Authorized machines may dispense change to players purchasing
12  tickets but may not be utilized for paying the holders of
13  winning tickets of any kind. At least one clerk must be on
14  duty at the lottery retailer while the machine is in
15  operation. However, at least two clerks must be on duty at any
16  lottery location which has violated s. 24.1055.
17         (b)  The sales price of tickets.
18         (c)  The number and sizes of prizes.
19         (d)  The method of selecting winning tickets.  However,
20  if a lottery game involves a drawing, the drawing shall be
21  public and witnessed by an accountant employed by an
22  independent certified public accounting firm.  The equipment
23  used in the drawing shall be inspected before and after the
24  drawing.
25         (e)  The manner of payment of prizes to holders of
26  winning tickets.
27         (f)  The frequency of drawings or selections of winning
28  tickets.
29         (g)  The number and type of locations at which tickets
30  may be purchased.
31         (h)  The method to be used in selling tickets.
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                                        CS/HB 501, Third Engrossed
  1         (i)  The manner and amount of compensation of
  2  retailers.
  3         (j)  Such other matters necessary or desirable for the
  4  efficient or economical operation of the lottery or for the
  5  convenience of the public.
  6         (10)(11)  Have the authority to hold copyrights,
  7  trademarks, and service marks and enforce its rights with
  8  respect thereto.
  9         (11)(12)  In the selection of games and method of
10  selecting winning tickets, be sensitive to the impact of the
11  lottery upon the pari-mutuel industry and, accordingly, the
12  department may use for any game the theme of horseracing,
13  dogracing, or jai alai and may allow a lottery game to be
14  based upon a horserace, dograce, or jai alai activity so long
15  as the outcome of such lottery game is determined entirely by
16  chance.
17         (12)(13)(a)  Determine by rule information relating to
18  the operation of the lottery which is confidential and exempt
19  from the provisions of s. 119.07(1) and s. 24(a), Art. I of
20  the State Constitution.  Such information includes trade
21  secrets; security measures, systems, or procedures; security
22  reports; information concerning bids or other contractual
23  data, the disclosure of which would impair the efforts of the
24  department to contract for goods or services on favorable
25  terms; employee personnel information unrelated to
26  compensation, duties, qualifications, or responsibilities; and
27  information obtained by the Division of Security pursuant to
28  its investigations which is otherwise confidential.  To be
29  deemed confidential, the information must be necessary to the
30  security and integrity of the lottery. Confidential
31  information may be released to other governmental entities as
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                                        CS/HB 501, Third Engrossed
  1  needed in connection with the performance of their duties.
  2  The receiving governmental entity shall retain the
  3  confidentiality of such information as provided for in this
  4  subsection.
  5         (b)  Maintain the confidentiality of the street address
  6  and the telephone number of a winner, in that such information
  7  is confidential and exempt from the provisions of s. 119.07(1)
  8  and s. 24(a), Art. I of the State Constitution, unless the
  9  winner consents to the release of such information or as
10  provided for in s. 24.115(4) or s. 409.2577.
11         (c)  Any information made confidential and exempt from
12  the provisions of s. 119.07(1) under this subsection shall be
13  disclosed to a member of the commission, to the Auditor
14  General, or to the independent auditor selected under s.
15  24.123 upon such person's request therefor.  If the President
16  of the Senate or the Speaker of the House of Representatives
17  certifies that information made confidential under this
18  subsection is necessary for effecting legislative changes, the
19  requested information shall be disclosed to him or her, and he
20  or she may disclose such information to members of the
21  Legislature and legislative staff as necessary to effect such
22  purpose.
23         (13)(14)  Have the authority to perform any of the
24  functions of the Department of Management Services under
25  chapter 255, chapter 273, chapter 281, chapter 283, or chapter
26  287, or any rules adopted under any such chapter, and may
27  grant approvals provided for under any such chapter or rules.
28  If the department finds, by rule, that compliance with any
29  such chapter would impair or impede the effective or efficient
30  operation of the lottery, the department may adopt rules
31  providing alternative procurement procedures.  Such
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                                        CS/HB 501, Third Engrossed
  1  alternative procedures shall be designed to allow the
  2  department to evaluate competing proposals and select the
  3  proposal that provides the greatest long-term benefit to the
  4  state with respect to the quality of the products or services,
  5  dependability and integrity of the vendor, dependability of
  6  the vendor's products or services, security, competence,
  7  timeliness, and maximization of gross revenues and net
  8  proceeds over the life of the contract.
  9         (14)(15)  Have the authority to acquire real property
10  and make improvements thereon.  The title to such property
11  shall be vested in the Board of Trustees of the Internal
12  Improvement Trust Fund.  The board shall give the department
13  preference in leasing state-owned lands under the board's
14  control and may not exercise any jurisdiction over lands
15  purchased or leased by the department while such lands are
16  actively used by the department. Actions of the department
17  under this subsection are exempt from the time limitations and
18  deadlines of chapter 253.
19         (15)(16)  Have the authority to charge fees to persons
20  applying for contracts as vendors or retailers, which fees are
21  reasonably calculated to cover the costs of investigations and
22  other activities related to the processing of the application.
23         (16)(17)  Enter into contracts for the purchase, lease,
24  or lease-purchase of such goods and services as are necessary
25  for the operation and promotion of the state lottery,
26  including assistance provided by any governmental agency.
27         (17)(18)  In accordance with the provisions of this
28  act, enter into contracts with retailers so as to provide
29  adequate and convenient availability of tickets to the public
30  for each game.
31  
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                                        CS/HB 501, Third Engrossed
  1         (18)(19)  Have the authority to enter into agreements
  2  with other states for the operation and promotion of a
  3  multistate lottery if such agreements are in the best interest
  4  of the state lottery.  The authority conferred by this
  5  subsection is not effective until 1 year after the first day
  6  of lottery ticket sales.
  7         (19)(20)  Employ division directors and other staff as
  8  may be necessary to carry out the provisions of this act;
  9  however:
10         (a)  No person shall be employed by the department who
11  has been convicted of, or entered a plea of guilty or nolo
12  contendere to, a felony committed in the preceding 10 years,
13  regardless of adjudication, unless the department determines
14  that:
15         1.  The person has been pardoned or his or her civil
16  rights have been restored; or
17         2.  Subsequent to such conviction or entry of plea the
18  person has engaged in the kind of law-abiding commerce and
19  good citizenship that would reflect well upon the integrity of
20  the lottery.
21         (b)  No officer or employee of the department having
22  decisionmaking authority shall participate in any decision
23  involving any vendor or retailer with whom the officer or
24  employee has a financial interest.  No such officer or
25  employee may participate in any decision involving any vendor
26  or retailer with whom the officer or employee has discussed
27  employment opportunities without the approval of the secretary
28  or, if such officer is the secretary or any member of the
29  commission, without the approval of the Governor.  Any officer
30  or employee of the department shall notify the secretary of
31  any such discussion or, if such officer is the secretary or a
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                                        CS/HB 501, Third Engrossed
  1  member of the commission, he or she shall notify the Governor.
  2  A violation of this paragraph is punishable in accordance with
  3  s. 112.317.
  4         (c)  No officer or employee of the department who
  5  leaves the employ of the department shall represent any vendor
  6  or retailer before the department regarding any specific
  7  matter in which the officer or employee was involved while
  8  employed by the department, for a period of 1 year following
  9  cessation of employment with the department.  A violation of
10  this paragraph is punishable in accordance with s. 112.317.
11         (d)  The department shall establish and maintain a
12  personnel program for its employees, including a personnel
13  classification and pay plan which may provide any or all of
14  the benefits provided in the Senior Management Service or
15  Selected Exempt Service.  Each officer or employee of the
16  department shall be a member of the Florida Retirement System.
17  The retirement class of each officer or employee shall be the
18  same as other persons performing comparable functions for
19  other agencies.  Employees of the department shall serve at
20  the pleasure of the secretary and shall be subject to
21  suspension, dismissal, reduction in pay, demotion, transfer,
22  or other personnel action at the discretion of the secretary.
23  Such personnel actions are exempt from the provisions of
24  chapter 120. All employees of the department are exempt from
25  the Career Service System provided in chapter 110 and,
26  notwithstanding the provisions of s. 110.205(5), are not
27  included in either the Senior Management Service or the
28  Selected Exempt Service. However, all employees of the
29  department are subject to all standards of conduct adopted by
30  rule for career service and senior management employees
31  pursuant to chapter 110.  In the event of a conflict between
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                                        CS/HB 501, Third Engrossed
  1  standards of conduct applicable to employees of the Department
  2  of the Lottery the more restrictive standard shall apply.
  3  Interpretations as to the more restrictive standard may be
  4  provided by the Commission on Ethics upon request of an
  5  advisory opinion pursuant to s. 112.322(3)(a), for purposes of
  6  this subsection the opinion shall be considered final action.
  7         (20)(21)  Adopt by rule a code of ethics for officers
  8  and employees of the department which supplements the
  9  standards of conduct for public officers and employees imposed
10  by law.
11         Section 3.  Paragraph (b) of subsection (7) of section
12  24.108, Florida Statutes, is amended to read:
13         24.108  Division of Security; duties; security
14  report.--
15         (7)
16         (b)  The portion of the security report containing the
17  overall evaluation of the department in terms of each aspect
18  of security shall be presented to the commission, the
19  Governor, the President of the Senate, and the Speaker of the
20  House of Representatives.  The portion of the security report
21  containing specific recommendations shall be confidential and
22  shall be presented only to the secretary, the commission, the
23  Governor, and the Auditor General; however, upon certification
24  that such information is necessary for the purpose of
25  effecting legislative changes, such information shall be
26  disclosed to the President of the Senate and the Speaker of
27  the House of Representatives, who may disclose such
28  information to members of the Legislature and legislative
29  staff as necessary to effect such purpose. However, any person
30  who receives a copy of such information or other information
31  which is confidential pursuant to this act or rule of the
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                                        CS/HB 501, Third Engrossed
  1  department shall maintain its confidentiality.  The
  2  confidential portion of the report is exempt from the
  3  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  4  Constitution.
  5         Section 4.  Subsection (3) of section 24.123, Florida
  6  Statutes, is amended to read:
  7         24.123  Annual audit of financial records and
  8  reports.--
  9         (3)  A copy of any audit performed pursuant to this
10  section shall be submitted to the secretary, the commission,
11  the Governor, the President of the Senate, the Speaker of the
12  House of Representatives, and members of the Legislative
13  Auditing Committee.
14         Section 5.  Section 228.054, Florida Statutes, is
15  repealed.
16         Section 6.  Subsection (12) of section 228.053, Florida
17  Statutes, is amended to read:
18         228.053  Developmental research schools.--
19         (12)  EXCEPTIONS TO LAW.--To encourage innovative
20  practices and facilitate the mission of the developmental
21  research schools, in addition to the exceptions to law
22  specified in s. 229.592, the following exceptions shall be
23  permitted for developmental research schools:
24         (a)  The methods and requirements of the following
25  statutes shall be held in abeyance:  ss. 230.01; 230.02;
26  230.03; 230.04; 230.05; 230.061; 230.10; 230.105; 230.11;
27  230.12; 230.15; 230.16; 230.17; 230.173; 230.18; 230.19;
28  230.201; 230.202; 230.21; 230.22; 230.2318; 230.24; 230.241;
29  230.26; 230.28; 230.30; 230.303; 230.31; 230.32; 230.321;
30  230.33; 230.35; 230.39; 230.63; 230.64; 230.643; 234.01;
31  234.021; 236.25; 236.261; 236.29; 236.31; 236.32; 236.35;
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                                        CS/HB 501, Third Engrossed
  1  236.36; 236.37; 236.38; 236.39; 236.40; 236.41; 236.42;
  2  236.43; 236.44; 236.45; 236.46; 236.47; 236.48; 236.49;
  3  236.50; 236.51; 236.52; 236.55; 236.56; 237.051; 237.071;
  4  237.091; 237.201; 237.40; and 316.75. With the exception of
  5  subsection (16) of s. 230.23, s. 230.23 shall be held in
  6  abeyance. Reference to school boards in s. 230.23(16) shall
  7  mean the president of the university or the president's
  8  designee.
  9         (b)  The following statutes or related rules may be
10  waived for any developmental research school so requesting,
11  provided the general statutory purpose of each section is met
12  and the developmental research school has submitted a written
13  request to the Commissioner of Education Joint Developmental
14  Research School Planning, Articulation, and Evaluation
15  Committee for approval pursuant to this subsection:  ss.
16  229.555; 231.291; 232.2462; 233.34; 237.01; 237.02; 237.031;
17  237.041; 237.061; 237.081; 237.111; 237.121; 237.131; 237.141;
18  237.151; 237.161; 237.162; 237.171; 237.181; 237.211; and
19  237.34. Notwithstanding reference to the responsibilities of
20  the superintendent or school board in chapter 237,
21  developmental research schools shall follow the policy intent
22  of the chapter and shall, at least, adhere to the general
23  state agency accounting procedures established in s. 11.46.
24         1.  Two or more developmental research schools may
25  jointly originate a request for waiver and submit the request
26  to the commissioner committee if such waiver is approved by
27  the school advisory council of each developmental research
28  school desiring the waiver.
29         2.  A developmental research school may submit a
30  request to the commissioner committee for a waiver if such
31  request is presented by a school advisory council established
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                                        CS/HB 501, Third Engrossed
  1  pursuant to s. 229.58, if such waiver is required to implement
  2  a school improvement plan required by s. 230.23(16), and if
  3  such request is made using forms established pursuant to s.
  4  229.592. The department Joint Developmental Research School
  5  Planning, Articulation, and Evaluation Committee shall monitor
  6  the waiver activities of all developmental research schools
  7  and shall report annually to the department, in conjunction
  8  with the feedback report required pursuant to s. 229.592, the
  9  number of waivers requested and submitted to the committee by
10  developmental research schools, and the number of such waiver
11  requests not approved. For each waiver request not approved,
12  the committee shall report the statute or rule for which the
13  waiver was requested, the rationale for the developmental
14  research school request, and the reason the request was not
15  approved.
16         (c)  The written request for waiver of statute or rule
17  shall indicate at least how the general statutory purpose will
18  be met, how granting the waiver will assist schools in
19  improving student outcomes related to the student performance
20  standards adopted pursuant to s. 229.592, and how student
21  improvement will be evaluated and reported. In considering any
22  waiver, the commissioner committee shall ensure protection of
23  the health, safety, welfare, and civil rights of the students
24  and protection of the public interest.
25         (d)  Notwithstanding the request provisions of s.
26  229.592, developmental research schools shall request all
27  waivers through the commissioner Joint Developmental Research
28  School Planning, Articulation, and Evaluation Committee, as
29  established in s. 228.054. The commissioner committee shall
30  approve or disapprove said requests pursuant to this
31  subsection and s. 229.592; however, the Commissioner of
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                                        CS/HB 501, Third Engrossed
  1  Education shall have standing to challenge any decision of the
  2  committee should it adversely affect the health, safety,
  3  welfare, or civil rights of the students or public interest.
  4  The department shall immediately notify the committee and
  5  developmental research school of the decision and provide a
  6  rationale therefor.
  7         Section 7.  Subsection (6) of section 228.2001, Florida
  8  Statutes, is amended to read:
  9         228.2001  Discrimination against students and employees
10  in state system of public education; prohibitions; equality of
11  access; strategies to overcome underrepresentation;
12  remedies.--
13         (6)  The functions of the Office of Equal Educational
14  Opportunity of the Department of Education shall include, but
15  not be limited to:
16         (a)  Requiring all boards to develop and submit plans
17  for the implementation of this section to the Department of
18  Education.
19         (b)  Conducting periodic reviews of educational
20  agencies to determine compliance with this section and, after
21  a finding that an educational agency is not in compliance with
22  this section, notifying the agency of the steps that it must
23  take to attain compliance.
24         (c)  Providing technical assistance, including
25  assisting educational agencies in identifying unlawful
26  discrimination and instructing them in remedies for correction
27  and prevention of such discrimination.
28         (d)  Conducting studies of the effectiveness of methods
29  and strategies designed to increase the participation of
30  students in programs and courses in which students of a
31  particular race, national origin, sex, handicap, or marital
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                                        CS/HB 501, Third Engrossed
  1  status have been traditionally underrepresented and monitoring
  2  the success of students in such programs of courses.
  3         (e)  Requiring all boards to submit data and
  4  information necessary to determine compliance with this
  5  section.  The Commissioner of Education shall prescribe the
  6  format and the date for submission of such data and any other
  7  educational equity data. If any district does not submit the
  8  required compliance data or other required educational equity
  9  data by the prescribed date, the commissioner shall notify the
10  district school board of this fact and, if the appropriate
11  action is not taken to immediately submit the required report,
12  the school board shall be directed to proceed pursuant to the
13  provisions of s. 230.23(11)(b).  If any community college or
14  university does not submit required data and information by
15  the prescribed date, the same policy as prescribed for school
16  districts shall be implemented.
17         (f)  Coordinating the work of a Task Force on Gender
18  Equity in Education.  The task force shall consist of 11
19  members.  The Commissioner of Education shall appoint three
20  members:  two shall be athletic directors at public high
21  schools and one may be a member at large.  The Chancellor of
22  the State University System shall appoint two members who are
23  athletic directors at state universities that offer
24  scholarships for athletes in all major sports.  The Executive
25  Director of the Community College System shall appoint two
26  members who are athletic directors at community colleges.  The
27  President of the Senate shall appoint two members and the
28  Speaker of the House of Representatives shall appoint two
29  members.  The Commissioner of Education, the Chancellor of the
30  State University System, the Executive Director of the
31  Community College System, the President of the Senate, and the
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                                        CS/HB 501, Third Engrossed
  1  Speaker of the House of Representatives shall coordinate their
  2  appointments to ensure that the task force represents, to the
  3  maximum extent possible, the gender, racial, and ethnic
  4  diversity of the state. By July 1, 1994, the task force shall
  5  define equity in athletics at all levels of public education
  6  and shall recommend to the Commissioner of Education rules for
  7  appropriate enforcement mechanisms to ensure equity. The
  8  recommendations must include:
  9         1.  A determination of an equitable rate of
10  participation of males and females in athletics at public
11  educational agencies and institutions.
12         2.  A determination of the appropriate consideration of
13  revenues when making decisions about equitable use of funds
14  for support of athletic activities.  In making this
15  determination, the task force shall consider all funds
16  received and expended for athletic promotion or support,
17  including revenues from direct-support organizations
18  established under s. 237.40, s. 240.299, or s. 240.363.
19         (f)(g)  Based upon recommendations of the task force
20  created in paragraph (f) and rules of the State Board of
21  Education, developing and implementing enforcement mechanisms
22  with appropriate penalties to ensure that public schools and
23  community colleges comply with Title IX of the Education
24  Amendments of 1972 and subsection (3) of this section.
25  However, the Department of Education may not force an
26  educational agency to conduct, nor penalize an educational
27  agency for not conducting, a program of athletic activity or
28  athletic scholarship for female athletes unless it is an
29  athletic activity approved for women by a recognized
30  association whose purpose is to promote athletics and a
31  conference or league exists to promote interscholastic or
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                                        CS/HB 501, Third Engrossed
  1  intercollegiate competition for women in that athletic
  2  activity.
  3         (g)(h)  Beginning July 1, 1994, reporting to the
  4  Commissioner of Education any public community college or
  5  school district found to be out of compliance with rules of
  6  the State Board of Education adopted as required by paragraph
  7  (f) (g) or paragraph (3)(d).  To penalize the community
  8  college or school district, the commissioner shall:
  9         1.  Declare the educational agency ineligible for
10  competitive state grants.
11         2.  Notwithstanding the provisions of s. 216.192,
12  direct the Comptroller to withhold general revenue funds
13  sufficient to obtain compliance from the educational agency.
14  
15  The educational agency shall remain ineligible and the funds
16  shall not be paid until the agency comes into compliance or
17  the commissioner approves a plan for compliance.
18         Section 8.  Subsection (7) of section 230.2305, Florida
19  Statutes, is repealed, and paragraph (b) of subsection (2),
20  paragraphs (h) and (i) of subsection (3), and subsection (5)
21  of said section are amended to read:
22         230.2305  Prekindergarten early intervention program.--
23         (2)  ELIGIBILITY.--There is hereby created the
24  prekindergarten early intervention program for children who
25  are 3 and 4 years of age.  A prekindergarten early
26  intervention program shall be administered by a district
27  school board and shall receive state funds pursuant to
28  subsection (6). Each public school district shall make
29  reasonable efforts to accommodate the needs of children for
30  extended day and extended year services without compromising
31  the quality of the 6-hour, 180-day program.  The school
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                                        CS/HB 501, Third Engrossed
  1  district shall report on such efforts. School district
  2  participation in the prekindergarten early intervention
  3  program shall be at the discretion of each school district.
  4         (b)  An "economically disadvantaged" child shall be
  5  defined as a child eligible to participate in the free lunch
  6  program.  Notwithstanding any change in a family's economic
  7  status or in the federal eligibility requirements for free
  8  lunch, a child who meets the eligibility requirements upon
  9  initial registration for the program shall be considered
10  eligible until the child reaches kindergarten age.  In order
11  to assist the school district in establishing the priority in
12  which children shall be served, and to increase the efficiency
13  in the provision of child care services in each district, the
14  district shall enter into a written collaborative agreement
15  with other publicly funded early education and child care
16  programs within the district. Such agreement shall be
17  facilitated by the interagency coordinating council and shall
18  set forth, among other provisions, the measures to be
19  undertaken to ensure the programs' achievement and compliance
20  with the performance standards established in subsection (3)
21  and for maximizing the public resources available to each
22  program.  In addition, the central agency for state-subsidized
23  child care or the local service district of the Department of
24  Children and Family Services shall provide the school district
25  with an updated list of 3-year-old and 4-year-old children
26  residing in the school district who are on the waiting list
27  for state-subsidized child care.
28         (3)  STANDARDS.--
29         (h)  Services are to be provided during a school day
30  and school year equal to or exceeding the requirements for
31  kindergarten under ss. 228.041 and 236.013. Strategies to
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                                        CS/HB 501, Third Engrossed
  1  provide care before school, after school, and 12 months a
  2  year, when needed, must be developed by the school district in
  3  cooperation with the central agency for state-subsidized child
  4  care or the local service district of the Department of
  5  Children and Family Services and the district interagency
  6  coordinating council.  Programs may be provided on Saturdays
  7  and through other innovative scheduling arrangements.
  8         (i)  The school district must make efforts to meet the
  9  first state education goal, readiness to start school,
10  including the involvement of nonpublic schools, public and
11  private providers of day care and early education, and other
12  community agencies that provide services to young children.
13  This may include private child care programs, subsidized child
14  care programs, and Head Start programs. A written description
15  of these efforts must be provided to the district interagency
16  coordinating council on early childhood services.
17         (5)  ANNUAL REPORT.--Each prekindergarten early
18  intervention program under this section shall submit an annual
19  report of its program to the Department of Education district
20  interagency coordinating council on early childhood services.
21  The report must describe the overall program operations;
22  activities of the district interagency coordinating council on
23  early childhood services; expenditures; the number of students
24  served; ratio of staff to children; staff qualifications;
25  evaluation findings, including identification of program
26  components that were most successful; and other information
27  required by the State Coordinating Council for School
28  Readiness Programs council or the state advisory council.
29         Section 9.  Subsections (3), (7), and (8) of section
30  230.2303, Florida Statutes, are amended to read:
31         230.2303  Florida First Start Program.--
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                                        CS/HB 501, Third Engrossed
  1         (3)  PLAN.--Each school board may submit to the
  2  Commissioner of Education a plan for conducting a Florida
  3  First Start Program.  Each plan and subsequent amended plan
  4  shall be developed in cooperation with the district
  5  interagency coordinating council on early childhood services
  6  established pursuant to s. 230.2305 and the Interagency
  7  Prekindergarten Council for Children with Disabilities, and
  8  shall be approved by the commissioner. A district school
  9  board's plan must be designed to serve children from birth to
10  3 years of age who are disabled or at risk of future school
11  failure and to serve their parents.  For the purposes of this
12  section, the term "children with disabilities or at risk of
13  future school failure" includes any child who has one or more
14  of the characteristics described in s. 411.202(9).
15         (7)  ANNUAL REPORT.--Each district school board that
16  implements a program under this section shall, with the
17  assistance of the district interagency coordinating council on
18  early childhood services, submit an annual report of its
19  program to the commissioner.  The report must describe the
20  overall program operations, activities of the district
21  interagency coordinating council, expenditures, the number of
22  children served, staff training and qualifications, and
23  evaluation findings.
24         (8)  COORDINATION.--
25         (a)  The Florida First Start Program shall be included
26  under the jurisdiction of the State Coordinating Council for
27  School Readiness Programs established pursuant to s. 411.222.
28  The council shall make recommendations for effective
29  implementation of the program and shall advise the Department
30  of Education on needed legislation, rules, and technical
31  
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                                        CS/HB 501, Third Engrossed
  1  assistance to ensure the continued implementation of an
  2  effective program.
  3         (b)  Each school district shall develop, implement, and
  4  evaluate its program in cooperation with the district
  5  interagency coordinating council established under s.
  6  230.2305.
  7         Section 10.  Subsection (1) of section 230.2306,
  8  Florida Statutes, is amended to read:
  9         230.2306  Prekindergarten children service needs
10  assessments; reports; reasonable efforts by school district.--
11         (1)  In each county, the district school board, the
12  central child care agency, the Head Start program, and a
13  private provider of preschool services, in cooperation with
14  the district interagency coordinating council established
15  under s. 230.2305, shall:
16         (a)  Assess the service needs of all preschool children
17  who are eligible for subsidized child care to identify those
18  who require services beyond the current 6-hour, 180-day
19  prekindergarten program.
20         (b)  Determine how many children are eligible for
21  prekindergarten programs, but are not enrolled because the
22  hours of availability do not meet the family's need.
23         Section 11.  Subsection (9) of section 402.3015,
24  Florida Statutes, is amended to read:
25         402.3015  Subsidized child care program; purpose; fees;
26  contracts.--
27         (9)  The central agency for state subsidized child care
28  or the local service district of the Department of Children
29  and Family Services shall develop cooperate with the local
30  interagency coordinating council as defined in s. 230.2305 in
31  
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                                        CS/HB 501, Third Engrossed
  1  the development of written collaborative agreements with each
  2  local school district.
  3         (a)  The central agency shall develop in consultation
  4  with the local interagency council a plan for implementing and
  5  conducting a child care program.  Such plan shall include the
  6  tentative budget and measures for maximizing public resources.
  7         (b)  The department shall monitor each subsidized child
  8  care provider at least annually to determine compliance with
  9  the collaborative agreement facilitated by the local
10  interagency coordinating council.  If a provider fails to
11  bring its program into compliance with the agreement or the
12  plan within 3 months after an evaluation citing deficiencies,
13  the department must withhold such administrative funds as have
14  been allocated to the program and which have not yet been
15  released.
16         Section 12.  Paragraph (d) of subsection (5) of section
17  409.178, Florida Statutes, is amended to read:
18         409.178  Child Care Executive Partnership Act; findings
19  and intent; grant; limitation; rules.--
20         (5)
21         (d)  Each community coordinated child care agency shall
22  be required to establish a community child care task force for
23  each child care purchasing pool. The task force must be
24  composed of employers, parents, private child care providers,
25  and one representative each from the district interagency
26  coordinating council for children's services and the local
27  children's services council, if one exists they exist in the
28  area of the purchasing pool. The community coordinated child
29  care agency is expected to recruit the task force members from
30  existing child care councils, commissions, or task forces
31  already operating in the area of a purchasing pool. A majority
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                                        CS/HB 501, Third Engrossed
  1  of the task force shall consist of employers.  Each task force
  2  shall develop a plan for the use of child care purchasing pool
  3  funds. The plan must show how many children will be served by
  4  the purchasing pool, how many will be new to receiving child
  5  care services, and how the community coordinated child care
  6  agency intends to attract new employers and their employees to
  7  the program.
  8         Section 13.  Paragraph (a) of subsection (5) of section
  9  411.01, Florida Statutes, is amended to read:
10         411.01  Florida Partnership for School Readiness;
11  school readiness coalitions.--
12         (5)  CREATION OF SCHOOL READINESS COALITIONS.--
13         (a)  School readiness coalitions.--
14         1.  If a coalition's plan would serve less than 400
15  birth-to-kindergarten age children, the coalition must either
16  join with another county to form a multicounty coalition,
17  enter an agreement with a fiscal agent to serve more than one
18  coalition, or demonstrate to the partnership its ability to
19  effectively and efficiently implement its plan as a
20  single-county coalition and meet all required performance
21  standards and outcome measures.
22         2.  Each coalition shall have at least 18 but not more
23  than 25 members and such members must include the following:
24         a.  A Department of Children and Family Services
25  district administrator or his or her designee who is
26  authorized to make decisions on behalf of the department.
27         b.  A district superintendent of schools or his or her
28  designee who is authorized to make decisions on behalf of the
29  district.
30         c.  A regional workforce development board chair or
31  director, where applicable.
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                                        CS/HB 501, Third Engrossed
  1         d.  A county health department director or his or her
  2  designee.
  3         e.  A children's services council or juvenile welfare
  4  board chair or executive director, if applicable.
  5         f.  A child care licensing agency head.
  6         g.  One member appointed by a Department of Children
  7  and Family Services district administrator.
  8         h.  One member appointed by a board of county
  9  commissioners.
10         i.  One member appointed by a district school board.
11         j.  A central child care agency administrator.
12         k.  A Head Start director.
13         l.  A representative of private child care providers.
14         m.  A representative of faith-based child care
15  providers.
16  
17  More than one-third of the coalition members must be from the
18  private sector, and neither they nor their families may earn
19  an income from the early education and child care industry. To
20  meet this requirement a coalition must appoint additional
21  members from a list of nominees presented to the coalition by
22  a chamber of commerce or economic development council within
23  the geographic area of the coalition.
24         3.  No member of a coalition may appoint a designee to
25  act in his or her place. A member may send a representative to
26  coalition meetings, but that representative will have no
27  voting privileges. When a district superintendent of schools
28  or a district administrator for the Department of Children and
29  Family Services appoints a designee to a school readiness
30  coalition, the designee will be the voting member of the
31  coalition, and any individual attending in his or her place,
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                                        CS/HB 501, Third Engrossed
  1  including the district administrator or superintendent, will
  2  have no voting privileges.
  3         4.  The school readiness coalition shall replace the
  4  district interagency coordinating council required under s.
  5  230.2305.
  6         4.5.  Members of the coalition are subject to the
  7  ethics provisions in part III of chapter 112.
  8         5.6.  For the purposes of tort liability, the members
  9  of the school readiness coalition and its employees shall be
10  governed by s. 768.28.
11         6.7.  Multicounty coalitions shall include
12  representation from each county.
13         7.8.  The terms of all appointed members of the
14  coalition must be staggered. Appointed members may serve a
15  maximum of two terms. When a vacancy occurs in an appointed
16  position, the coalition must advertise the vacancy.
17         Section 14.  Subsection (3) of section 232.2466,
18  Florida Statutes, is repealed.
19         Section 15.  Section 255.565, Florida Statutes, is
20  repealed.
21         Section 16.  Section 255.553, Florida Statutes, is
22  amended to read:
23         255.553  Survey required.--Each state agency shall
24  survey or cause to be surveyed for the presence of
25  asbestos-containing materials each public building for which
26  it is responsible. The survey shall be conducted by an
27  asbestos consultant licensed under chapter 469 and shall be
28  conducted in accordance with AHERA initial inspection
29  procedures; Environmental Protection Agency guidelines;
30  National Emission Standards for Hazardous Air Pollutants; and
31  Occupational Safety and Health Administration regulations; and
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                                        CS/HB 501, Third Engrossed
  1  any subsequent recommendations made by the Asbestos Oversight
  2  Program Team established under s. 255.565. The survey shall:
  3         (1)  Determine all materials which may contain
  4  asbestos;
  5         (2)  Identify the location and quantify the types of
  6  asbestos-containing materials;
  7         (3)  Assess the hazard of the existing
  8  asbestos-containing materials as they relate to any situation
  9  where a person may come into contact with asbestos;
10         (4)  Prioritize the areas which need immediate asbestos
11  abatement action according to the hazard assessment; and
12         (5)  Estimate the cost of recommended abatement
13  alternatives.
14  
15  The asbestos program administrator shall review the asbestos
16  surveys and consult with the affected agency to determine on a
17  priority basis the need for instituting abatement procedures,
18  and the asbestos program administrator shall institute
19  abatement procedures on a priority basis as directed by the
20  secretary of the Department of Labor and Employment Security.
21         Section 17.  Section 255.556, Florida Statutes, is
22  amended to read:
23         255.556  Asbestos assessment.--When the survey
24  indicates the presence of friable asbestos-containing
25  materials in a public building, the survey shall also include
26  an assessment of the level of airborne asbestos fibers.  This
27  assessment shall include a visual assessment followed by an
28  analysis of air samples which shall be conducted in accordance
29  with rules of the Department of Labor and Employment Security;
30  Environmental Protection Agency guidelines; National Emission
31  Standards for Hazardous Air Pollutants; and Occupational
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                                        CS/HB 501, Third Engrossed
  1  Safety and Health Administration regulations; and any
  2  subsequent recommendations made by the Asbestos Oversight
  3  Program Team established under s. 255.565.  If the overall
  4  assessment indicates the presence of asbestos greater than
  5  0.01 asbestos structures per cubic centimeter during periods
  6  of normal activity, response action shall be taken.
  7         Section 18.  Section 255.563, Florida Statutes, is
  8  amended to read:
  9         255.563  Rules; Department of Labor and Employment
10  Security.--The Department of Labor and Employment Security
11  shall adopt all rules relating to asbestos in public buildings
12  reasonably necessary to implement the provisions of ss.
13  255.551-255.565.  In developing the rules, the department
14  shall consider the criteria established in the Asbestos
15  Identification and Remediation Plan dated January 1, 1987, and
16  issued pursuant to chapter 86-135, Laws of Florida;
17  Environmental Protection Agency guidelines; AHERA; National
18  Emission Standards for Hazardous Air Pollutants; and
19  Occupational Safety and Health Administration regulations; and
20  any subsequent recommendations made by the Asbestos Oversight
21  Program Team established under s. 255.565.
22         Section 19.  Subsections (2), (3), (4), (5), and (6) of
23  section 272.12, Florida Statutes, are repealed.
24         Section 20.  Section 272.121, Florida Statutes, is
25  amended to read:
26         272.121  Capitol Center long-range planning.--
27         (1)  The Department of Management Services shall
28  develop a comprehensive and long-range plan for the
29  development of state-owned property within the Capitol Center,
30  which plan, and amendments thereto, shall be presented to the
31  
                                  31
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                                        CS/HB 501, Third Engrossed
  1  planning commission for final approval.  In developing this
  2  plan, the department shall consider:
  3         (a)  The most efficient, expeditious, and economical
  4  method of accomplishing the desired results.
  5         (b)  The architectural and aesthetic coordination of
  6  the proposed plan with the existing structures.
  7         (c)  The effective utilization of all available space
  8  so as to minimize waste.
  9         (d)  The plans adopted by the local planning agencies
10  in Leon County.
11         (2)  The department shall further determine the needs
12  of state government and the various agencies thereof occupying
13  the Capitol Center and activities requiring space or
14  facilities in the Capitol Center. When these needs have been
15  determined the department shall develop a comprehensive plan
16  for meeting these needs and for providing immediate facilities
17  for state government and its agencies to effectively and
18  efficiently discharge their duties and responsibilities, which
19  plan shall be consistent with the plan for development of the
20  Capitol Center Planning District.
21         (3)  In carrying out the provisions of the foregoing,
22  the department shall consult with the Capitol Center Planning
23  Commission and shall request the cooperation of those state
24  and private architects, engineers and interior designers
25  determined by the department to possess expertise or
26  information helpful to the development of a Capitol Plan and
27  solicit and accept information, suggestions, and
28  recommendations from all interested parties.
29         (4)  The commission and the department shall prepare a
30  report of its their findings and recommendations and submit
31  the same to the Governor and the Legislature every fifth year,
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                                        CS/HB 501, Third Engrossed
  1  except that the next report shall not be due until February 1,
  2  1979.  Said report shall reflect the actions of the commission
  3  and the department in carrying out the provisions of this act
  4  and shall include an updated comprehensive plan to carry out
  5  the provisions of this act each time the report is submitted.
  6         (5)  The department is authorized to contract with the
  7  City of Tallahassee, Leon County, the Tallahassee-Leon County
  8  Planning Department, or any other agency of such city or
  9  county to obtain planning services and functions required for
10  the planning and development of the district in harmony with
11  the coordinated planning of the city and the county. Services
12  and functions covered under such agreements may include, but
13  shall not be limited to, topographic surveys; base mapping;
14  inventory of land use, employment, parking, and building floor
15  areas; land acquisition information; analysis of trends;
16  physical planning activities, including a master plan and any
17  other required planning studies; preparation of zoning codes
18  to provide for compatible development within the Capitol
19  Center area and in the vicinity thereof; coordination of plans
20  for development in of the district with city and county
21  development plans; and application for and use of federal
22  funds which may be available for planning or related purposes.
23         Section 21.  Section 295.184, Florida Statutes, is
24  amended to read:
25         295.184  Report; design, cost estimates.--The
26  Commission on Veterans' Affairs shall consider the appropriate
27  design of the memorial and may solicit design proposals from
28  members of the public. The Commission on Veterans' Affairs, in
29  cooperation with the Department of Management Services and the
30  City of Tallahassee Capitol Center Planning Commission, shall
31  consider the location of the memorial within the Florida
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                                        CS/HB 501, Third Engrossed
  1  Capitol Center Planning District. On or before January 31,
  2  2002, the Commission on Veterans' Affairs shall submit to the
  3  Governor, the President of the Senate, and the Speaker of the
  4  House of Representatives its recommendations for the location
  5  and design of the memorial. The report must include an
  6  estimate of the cost to acquire the site for the memorial and
  7  of the cost to construct the memorial in accordance with the
  8  design proposal recommended by the Commission on Veterans'
  9  Affairs, as well as the life-cycle cost estimate required by
10  s. 255.255. The Department of Management Services shall assist
11  the Commission on Veterans' Affairs in preparing the estimates
12  for timely inclusion in the report.
13         Section 22.  (1)  All rules, regulations, or orders of
14  the Capitol Center Planning Commission regulating development
15  within the Capitol Center Planning District in effect at the
16  time of the effective date of this act shall remain in effect
17  until superseded by regulation or order of the City of
18  Tallahassee.
19         (2)  Any owner of property within the Capitol Center
20  Planning District who, prior to the effective date of this
21  act, has obtained any permit, certification, or other
22  development approval from the Capitol Center Planning
23  Commission shall be allowed to continue the development so
24  authorized in accordance with the regulations in effect at the
25  time of the issuance of such permit, certification, or other
26  development approval.
27         Section 23.  Section 282.3095, Florida Statutes, is
28  repealed.
29         Section 24.  Section 285.19, Florida Statutes, is
30  repealed.
31  
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                                        CS/HB 501, Third Engrossed
  1         Section 25.  Section 286.30, Florida Statutes, is
  2  repealed.
  3         Section 26.  Paragraph (d) of subsection (4) of section
  4  216.235, Florida Statutes, is amended to read:
  5         216.235  Innovation Investment Program; intent;
  6  definitions; composition and responsibilities of State
  7  Innovation Committee; responsibilities of the Department of
  8  Management Services, the Information Resource Commission, and
  9  the review board; procedures for innovative project
10  submission, review, evaluation, and approval; criteria to be
11  considered.--
12         (4)  There is hereby created the State Innovation
13  Committee, which shall have final approval authority as to
14  which innovative investment projects submitted under this
15  section shall be funded. Such committee shall be comprised of
16  five members. Appointed members shall serve terms of 1 year
17  and may be reappointed. The committee shall include:
18         (d)  One representative of the private sector appointed
19  by the Governor Commission on Government Accountability to the
20  People.
21  
22  The Secretary of Management Services shall serve as an
23  alternate in the event a member is unable to attend the
24  committee meeting.
25         Section 27.  Section 391.222, Florida Statutes, is
26  repealed.
27         Section 28.  Paragraph (a) of subsection (4) and
28  subsection (5) of section 402.40, Florida Statutes, are
29  amended to read:
30         402.40  Child welfare training.--
31         (4)  CHILD WELFARE TRAINING TRUST FUND.--
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  1         (a)  There is created within the State Treasury a Child
  2  Welfare Training Trust Fund to be used by the Department of
  3  Children and Family Services for the purpose of funding a
  4  comprehensive system of child welfare training, including the
  5  securing of consultants to develop the system and the
  6  developing of, the staff of the council, the expenses of the
  7  council members, the child welfare training academies that
  8  include and the participation of dependency program staff in
  9  the training.
10         (5)  ESTABLISHMENT OF TRAINING ACADEMIES.--The
11  department shall contract for the operation of one or more
12  training academies with Tallahassee Community College. The
13  number, location, and timeframe for establishment of
14  additional training academies shall be according to the
15  recommendation of the council as approved by the Secretary of
16  Children and Family Services.
17         Section 29.  Subsection (2) of section 404.056, Florida
18  Statutes, is repealed.
19         Section 30.  Effective January 1, 2002, subsections
20  (13) and (14) of section 440.49, Florida Statutes, are
21  repealed, and subsection (2), paragraph (a) of subsection (9),
22  and subsection (10) of said section are amended to read:
23         440.49  Limitation of liability for subsequent injury
24  through Special Disability Trust Fund.--
25         (2)  DEFINITIONS.--As used in this section, the term:
26         (a)  "Permanent physical impairment" means and is
27  limited to the conditions listed in paragraph (6)(a).
28         (b)  "Preferred worker" means a worker who, because of
29  a permanent impairment resulting from a compensable injury or
30  occupational disease, is unable to return to the worker's
31  regular employment.
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  1         (c)  "Merger" describes or means that:
  2         1.  If the permanent physical impairment had not
  3  existed, the subsequent accident or occupational disease would
  4  not have occurred;
  5         2.  The permanent disability or permanent impairment
  6  resulting from the subsequent accident or occupational disease
  7  is materially and substantially greater than that which would
  8  have resulted had the permanent physical impairment not
  9  existed, and the employer has been required to pay, and has
10  paid, permanent total disability or permanent impairment
11  benefits for that materially and substantially greater
12  disability;
13         3.  The preexisting permanent physical impairment is
14  aggravated or accelerated as a result of the subsequent injury
15  or occupational disease, or the preexisting impairment has
16  contributed, medically and circumstantially, to the need for
17  temporary compensation, medical, or attendant care and the
18  employer has been required to pay, and has paid, temporary
19  compensation, medical, or attendant care benefits for the
20  aggravated preexisting permanent impairment; or
21         4.  Death would not have been accelerated if the
22  permanent physical impairment had not existed.
23         (d)  "Excess permanent compensation" means that
24  compensation for permanent impairment, or permanent total
25  disability or death benefits, for which the employer or
26  carrier is otherwise entitled to reimbursement from the
27  Special Disability Trust Fund.
28         (e)  "Administrator" means the entity selected by the
29  division commission to review, allow, deny, compromise,
30  controvert, and litigate claims of the Special Disability
31  Trust Fund.
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  1         (f)  "Corporation" means the Special Disability Trust
  2  Fund Financing Corporation, as created under subsection (14).
  3         (g)  "Commission" means the Special Disability Trust
  4  Fund Privatization Commission, as created under subsection
  5  (13).
  6  
  7  In addition to the definitions contained in this subsection,
  8  the division may by rule prescribe definitions that are
  9  necessary for the effective administration of this section.
10         (9)  SPECIAL DISABILITY TRUST FUND.--
11         (a)  There is established in the State Treasury a
12  special fund to be known as the "Special Disability Trust
13  Fund," which shall be available only for the purposes stated
14  in this section; and the assets thereof may not at any time be
15  appropriated or diverted to any other use or purpose. The
16  Treasurer shall be the custodian of such fund, and all moneys
17  and securities in such fund shall be held in trust by such
18  Treasurer and shall not be the money or property of the state.
19  The Treasurer is authorized to disburse moneys from such fund
20  only when approved by the division or corporation and upon the
21  order of the Comptroller. The Treasurer shall deposit any
22  moneys paid into such fund into such depository banks as the
23  division or corporation may designate and is authorized to
24  invest any portion of the fund which, in the opinion of the
25  division, is not needed for current requirements, in the same
26  manner and subject to all the provisions of the law with
27  respect to the deposits of state funds by such Treasurer. All
28  interest earned by such portion of the fund as may be invested
29  by the Treasurer shall be collected by her or him and placed
30  to the credit of such fund.
31  
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                                        CS/HB 501, Third Engrossed
  1         (10)  DIVISION ADMINISTRATION OF FUND; CLAIMS; ADVISORY
  2  COMMITTEE; EXPENSES.--The division or administrator shall
  3  administer the Special Disability Trust Fund with authority to
  4  allow, deny, compromise, controvert, and litigate claims made
  5  against it and to designate an attorney to represent it in
  6  proceedings involving claims against the fund, including
  7  negotiation and consummation of settlements, hearings before
  8  judges of compensation claims, and judicial review. The
  9  division or administrator or the attorney designated by it
10  shall be given notice of all hearings and proceedings
11  involving the rights or obligations of such fund and shall
12  have authority to make expenditures for such medical
13  examinations, expert witness fees, depositions, transcripts of
14  testimony, and the like as may be necessary to the proper
15  defense of any claim. The division shall appoint an advisory
16  committee composed of representatives of management,
17  compensation insurance carriers, and self-insurers to aid it
18  in formulating policies with respect to conservation of the
19  fund, who shall serve without compensation for such terms as
20  specified by it, but be reimbursed for travel expenses as
21  provided in s. 112.061. All expenditures made in connection
22  with conservation of the fund, including the salary of the
23  attorney designated to represent it and necessary travel
24  expenses, shall be allowed and paid from the Special
25  Disability Trust Fund as provided in this section upon the
26  presentation of itemized vouchers therefor approved by the
27  division.
28         Section 31.  Section 442.105, Florida Statutes, is
29  repealed.
30  
31  
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                                        CS/HB 501, Third Engrossed
  1         Section 32.  Subsection (26) of section 499.005,
  2  Florida Statutes, and paragraph (c) of subsection (1) of
  3  section 499.05, Florida Statutes, are repealed.
  4         Section 33.  Paragraph (b) of subsection (1) of section
  5  499.015, Florida Statutes, is amended to read:
  6         499.015  Registration of drugs, devices, and cosmetics;
  7  issuance of certificates of free sale.--
  8         (1)
  9         (b)  The department may not register any product that
10  does not comply with the Federal Food, Drug, and Cosmetic Act,
11  as amended, or Title 21 C.F.R., or that is not an approved
12  investigational drug as provided for in s. 499.018.
13  Registration of a product by the department does not mean that
14  the product does in fact comply with all provisions of the
15  Federal Food, Drug, and Cosmetic Act, as amended.
16         Section 34.  Section 548.045, Florida Statutes, is
17  repealed.
18         Section 35.  Subsection (2) of section 548.046, Florida
19  Statutes, is amended to read:
20         548.046  Physician's attendance at match; examinations;
21  cancellation of match.--
22         (2)  In addition to any other required examination,
23  each participant shall be examined by the attending physician
24  at the time of weigh-in. If the physician determines that a
25  participant is physically or mentally unfit to proceed, the
26  physician shall notify any commissioner or the commission
27  representative who shall immediately cancel the match.  The
28  examination shall conform to rules adopted by the commission
29  based on the advice of the medical advisory council. The
30  result of the examination shall be reported in a writing
31  
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                                        CS/HB 501, Third Engrossed
  1  signed by the physician and filed with the commission prior to
  2  completion of the weigh-in.
  3         Section 36.  Section 13 of chapter 99-332, Laws of
  4  Florida, is repealed.
  5         Section 37.  Section 11 of chapter 99-354, Laws of
  6  Florida, and subsection (11) of section 240.5186, Florida
  7  Statutes, are repealed.
  8         Section 38.  Section 6 of chapter 99-393, Laws of
  9  Florida, is repealed.
10         Section 39.  Section 192 of chapter 99-397, Laws of
11  Florida, is repealed.
12         Section 40.  The Diversity Council and the State
13  Customer Advisory Council created pursuant to authority of the
14  Department of Labor and Employment Security under s. 20.171,
15  Florida Statutes, are abolished.
16         Section 41.  The State Agency Law Enforcement Radio
17  System Review Panel created pursuant to authority of the
18  Department of Management Services under s. 282.111, Florida
19  Statutes, is abolished.
20         Section 42.  The Driver's Under the Influence (DUI)
21  Advisory Council and the Florida Rider Training Program
22  Citizen Motorcycle Safety Council created pursuant to
23  authority of the Department of Highway Safety and Motor
24  Vehicles under s. 322.025, Florida Statutes, are abolished.
25         Section 43.  The following councils, created pursuant
26  to ss. 570.0705, Florida Statutes, and chapter 90-487, Laws of
27  Florida, are abolished:
28         (1)  Florida City State Farmers Market Advisory
29  Committee.
30         (2)  Fort Myers State Farmers Market Advisory Council.
31         (3)  Fort Pierce State Farmers Market Advisory Council.
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                                        CS/HB 501, Third Engrossed
  1         (4)  Gadsden County State Farmers Market Advisory
  2  Council.
  3         (5)  Immokalee State Farmers Market Advisory Council.
  4         (6)  Nitrate Bill Best Management Practices Advisory
  5  Group.
  6         (7)  Palatka State Farmers Market Advisory Council.
  7         (8)  Plant City State Farmers Market Advisory Council.
  8         (9)  Pompano Beach Farmers Market Authority.
  9         (10)  Sanford State Farmers Market Advisory Council.
10         (11)  Seed Potato Advisory Council.
11         (12)  Starke State Farmers Market Advisory Council.
12         (13)  Suwannee Valley State Farmers Market Advisory
13  Council.
14         (14)  Trenton State Farmers Market Advisory Council.
15         (15)  Tropical Soda Apple Task Force.
16         (16)  Wauchula State Farmers Market Advisory Council.
17         Section 44.  Section 290.049, Florida Statutes, is
18  repealed.
19         Section 45.  Subsection (7) is added to section
20  290.048, Florida Statutes, to read:
21         290.048  General powers of Department of Community
22  Affairs under ss. 290.0401-290.049.--The department has all
23  the powers necessary or appropriate to carry out the purposes
24  and provisions of the program, including the power to:
25         (7)  Establish an advisory committee of no more than 13
26  members to solicit participation in designing, administering,
27  and evaluating the program and in linking the program with
28  other housing and community development resources.
29         Section 46.  Section 272.133, Florida Statutes, is
30  created to read:
31  
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  1         272.133  Vested rights of projects approved by Capitol
  2  Center Planning Commission.--Upon the abolishment of the
  3  Capitol Center Planning Commission or the restriction by law
  4  of its jurisdiction to state-owned lands, any private project
  5  that received design approval before the effective date of an
  6  act that provides for such abolishment or restriction shall be
  7  considered vested for the zoning, land use, and variances
  8  approved by the commission. A vested project is required to
  9  demonstrate only that it is in compliance with environmental
10  and building-permitting requirements to be eligible for the
11  issuance of a building permit.
12         Section 47.  Subsection (1) of section 121.22, Florida
13  Statutes, is amended to read:
14         121.22  State Retirement Commission; creation;
15  membership; compensation.--
16         (1)  There is created within the Department of
17  Management Services a State Retirement Commission composed of
18  three seven members: One member who is retired under a
19  state-supported retirement system administered by the
20  department; one member who is an two members from different
21  occupational backgrounds who are active member of members in a
22  state-supported retirement system that is administered by the
23  department; and one member who is neither a retiree,
24  beneficiary, or member four members who are not retirees,
25  beneficiaries, or members of a state-supported retirement
26  system that is administered by the department. Each member
27  shall have a different occupational background from the other
28  members.
29         Section 48.  Notwithstanding the repeal contained in HB
30  1717, as enacted by the 2001 Regular Session of the
31  
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                                        CS/HB 501, Third Engrossed
  1  Legislature, sections 570.40 and 570.41, Florida Statutes, are
  2  reenacted.
  3         Section 49.  Notwithstanding the provisions of HB 1717,
  4  as enacted by the 2001 Regular Session of the Legislature,
  5  subsection (2) of section 20.14, Florida Statutes, is
  6  reenacted to read:
  7         20.14  Department of Agriculture and Consumer
  8  Services.--There is created a Department of Agriculture and
  9  Consumer Services.
10         (2)  The following divisions of the Department of
11  Agriculture and Consumer Services are established:
12         (a)  Administration.
13         (b)  Agricultural Environmental Services.
14         (c)  Animal Industry.
15         (d)  Aquaculture.
16         (e)  Consumer Services.
17         (f)  Dairy Industry.
18         (g)  Food Safety.
19         (h)  Forestry.
20         (i)  Fruit and Vegetables.
21         (j)  Marketing and Development.
22         (k)  Plant Industry.
23         (l)  Standards.
24         Section 50.  Notwithstanding the provisions of HB 1717,
25  as enacted by the 2001 Regular Session of the Legislature,
26  section 570.29, Florida Statutes, is reenacted to read:
27         570.29  Departmental divisions.--The department shall
28  include the following divisions:
29         (1)  Administration.
30         (2)  Agricultural Environmental Services.
31         (3)  Animal Industry.
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  1         (4)  Aquaculture.
  2         (5)  Consumer Services.
  3         (6)  Dairy Industry.
  4         (7)  Food Safety.
  5         (8)  Forestry.
  6         (9)  Fruit and Vegetables.
  7         (10)  Marketing and Development.
  8         (11)  Plant Industry.
  9         (12)  Standards.
10         Section 51.  Notwithstanding the provisions of HB 1717,
11  as enacted by the 2001 Regular Session of the Legislature,
12  section 570.18, Florida Statutes, is reenacted to read:
13         570.18  Organization of departmental work.--In the
14  assignment of functions to the 12 divisions of the department
15  created in s. 570.29, the department shall retain within the
16  Division of Administration, in addition to executive
17  functions, those powers and duties enumerated in s. 570.30.
18  The department shall organize the work of the other 11
19  divisions in such a way as to secure maximum efficiency in the
20  conduct of the department. The divisions created in s. 570.29
21  are solely to make possible the definite placing of
22  responsibility. The department shall be conducted as a unit in
23  which every employee, including each division director, is
24  assigned a definite workload, and there shall exist between
25  division directors a spirit of cooperative effort to
26  accomplish the work of the department.
27         Section 52.  Notwithstanding the provisions of HB 1717,
28  as enacted by the 2001 Regular Session of the Legislature,
29  section 570.50, Florida Statutes, is reenacted to read:
30  
31  
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                                        CS/HB 501, Third Engrossed
  1         570.50  Division of Food Safety; powers and
  2  duties.--The duties of the Division of Food Safety include,
  3  but are not limited to:
  4         (1)  Enforcing those provisions of chapter 585, and the
  5  rules adopted under that chapter, relating to the inspection
  6  of meat and the antemortem and postmortem inspection of
  7  poultry.
  8         (2)  Conducting those general inspection activities
  9  relating to food and food products being processed, held, or
10  offered for sale in this state and enforcing those provisions
11  of chapters 500, 501, 502, 503, 531, 583, 585, 586, and 601
12  relating to foods as authorized by the department.
13         (3)  Analyzing samples of foods offered for sale in
14  this state as required under chapters 500, 501, 502, 503, 585,
15  586, and 601.
16         (4)  Investigating, evaluating, and developing new or
17  improved methodology to enhance the analytical capability and
18  efficiency of all divisional laboratories and performing other
19  related analyses as deemed necessary.
20         (5)  Analyzing food and feed samples offered for sale
21  in the state for chemical residues as required under the
22  adulteration sections of chapters 500 and 580.
23         Section 53.  Notwithstanding the provisions of HB 1717,
24  as enacted by the 2001 Regular Session of the Legislature,
25  subsection (1) of section 570.51, Florida Statutes, is
26  reenacted to read:
27         570.51  Director; qualifications; duties.--
28         (1)  The director of the Division of Food Safety shall
29  be appointed by the commissioner to serve at the
30  commissioner's pleasure.
31  
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  1         Section 54.  Except as otherwise provided herein, this
  2  act shall take effect June 30, 2001.
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