HB 1687 2003
1	A bill to be entitled
2	An act relating to governmental reorganization; providing
3	legislative intent; amending s. 20.04, F.S.; providing an
4	exception to departmental structure requirements; creating
5	s. 20.101, F.S.; creating the Department of State and
6	Community Partnerships; providing that the department
7	shall be headed by a secretary appointed by, and serving
8	at the pleasure of, the Governor; providing primary policy
9	and administrative functional areas of the department;
10	providing that the Florida Housing Finance Corporation and
11	the Division of Emergency Management shall be placed in
12	the department for administrative purposes; amending s.
13	20.22, F.S.; providing that the secretary of the
14	Department of Management Services shall serve as the
15	custodian of records; repealing s. 20.10, F.S., relating
16	to the Department of State; repealing s. 20.18, F.S.,
17	relating to the Department of Community Affairs; providing
18	for the transfer of programs, functions, activities,
19	powers, duties, rules, records, personnel, property, and
20	unexpended balances among certain state agencies;
21	providing that the Secretary of State shall become the
22	Secretary of State and Community Partnerships without
23	further appointment or confirmation; providing
24	transitional provisions; directing the Division of
25	Statutory Revision to prepare a reviser’s bill for the
26	2004 Regular Session of the Legislature; providing an
27	effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1. Declaration of Policy.--
32	(1) The vitality of Florida’s communities is critical to
33	the quality of life of the state’s residents.
34	(2) It is the policy of the Legislature:
35	(a) To protect the vital role Florida’s communities serve
36	as locations for work, education, recreation, and social
37	interaction and build a strong foundation for diversifying the
38	economy, protecting natural resources, and improving quality of
39	life through enhanced coordination of community assistance
40	programs and effective management of growth in Florida.
41	(b) To promote economic development within Florida’s
42	communities while enhancing the quality of life and protection
43	of natural resources.
44	(c) To provide consistent direction and support regarding
45	local and state roles in protecting critical state resources and
46	addressing significant state issues.
47	(d) To ensure the programs of the agency support the goals
48	of Florida’s communities by providing a streamlined, cost-
49	effective delivery of services that ensures equality of access
50	by all applicant communities.
51	(e) To promote a positive business climate in Florida by
52	maintaining an efficient and effective business registration
53	activity.
54	(f) To ensure a strong and stable democracy through fair,
55	credible, and accessible elections.
56	(g) To protect residents, visitors, and property by
57	planning for and mitigating against hazards, and by maintaining
58	effective and rapid response and recovery capabilities at the
59	state and local level.
60	(3) The Department of State and Community Partnerships,
61	the Department of Environmental Protection, and the Department
62	of Management Services shall evaluate the programs, functions,
63	and activities transferred to their respective agencies. The
64	agencies shall each provide a report to the Governor, the
65	Speaker of the House of Representatives, and the President of
66	the Senate by October 15, 2003, recommending statutory and
67	administrative changes to best effectuate and incorporate the
68	programs, functions, and activities within each agency. Input
69	from constituent groups shall be requested and considered by the
70	agencies. The agency reports must address the policy of the
71	Legislature as provided in this section.
72	(4) The Department of State and Community Partnerships and
73	the Department of Environmental Protection shall jointly develop
74	a report to be submitted to the Governor, the Speaker of the
75	House of Representatives, and the President of the Senate by
76	October 15, 2003, recommending statutory and administrative
77	changes to best ensure historical properties and the state
78	museum are managed in a manner that best serves the public and
79	protects the historic resources of the state.
80	Section 2. Subsection (3) of section 20.04, Florida
81	Statutes, is amended to read:
82	20.04 Structure of executive branch.--The executive branch
83	of state government is structured as follows:
84	(3) For their internal structure, all departments, except
85	for the Department of Financial Services, the Department of
86	Children and Family Services, the Department of Corrections, the
87	Department of Management Services, the Department of Revenue,
88	the Department of State and Community Partnerships,and the
89	Department of Transportation, must adhere to the following
90	standard terms:
91	(a) The principal unit of the department is the
92	"division." Each division is headed by a "director."
93	(b) The principal unit of the division is the "bureau."
94	Each bureau is headed by a "chief."
95	(c) The principal unit of the bureau is the "section."
96	Each section is headed by an "administrator."
97	(d) If further subdivision is necessary, sections may be
98	divided into "subsections," which are headed by "supervisors."
99	Section 3. Section 20.101, Florida Statutes, is created to
100	read:
101	20.101 Department of State and Community
102	Partnerships.--There is created a Department of State and
103	Community Partnerships.
104	(1) The head of the Department of State and Community
105	Partnerships is the Secretary of State and Community
106	Partnerships. The secretary shall be appointed by the Governor
107	subject to confirmation by the Senate. The secretary shall serve
108	at the pleasure of the Governor.
109	(2) Notwithstanding any provision of law to the contrary,
110	it is the intent of the Legislature to provide the secretary
111	with the flexibility to organize the department in any manner
112	the secretary determines appropriate to promote efficiency and
113	accountability and to accomplish the intent of this section.
114	(3) The primary policy and administrative functional areas
115	of the agency shall include the following:
116	(a) Community Planning and Growth Management.
117	(b) Elections.
118	(c) Community Assistance Grants.
119	(d) Corporations.
120	(e) Emergency Management.
121	(f) Office of the Secretary/Administration.
122	(4) Entities housed in the Department of State and
123	Community Partnerships for administrative purposes are as
124	follows:
125	(a) Florida Housing Finance Corporation.
126	(b) Division of Emergency Management.
127	Section 4. Subsection (5) is added to section 20.22,
128	Florida Statutes, to read:
129	20.22 Department of Management Services.--There is created
130	a Department of Management Services.
131	(5) The secretary of the Department of Management Services
132	is designated as the official custodian of state records,
133	including all constitutional and statutory powers, duties, and
134	functions associated with that responsibility.
135	Section 5. Sections 20.10 and 20.18, Florida Statutes, are
136	repealed.
137	Section 6. Transfers.--
138	(1) All powers, duties, functions, rules, records,
139	personnel, property, and unexpended balances of appropriations,
140	allocations, and other funds of the Department of Community
141	Affairs are transferred by a type two transfer, as defined in s.
142	20.06(2), Florida Statutes, from the Department of Community
143	Affairs to the Department of State and Community Partnerships,
144	except as otherwise provided in this section.
145	(2) All powers, duties, functions, rules, records,
146	personnel, property, and unexpended balances of appropriations,
147	allocations, and other funds of the Department of State are
148	transferred by a type two transfer, as defined in s. 20.06(2),
149	Florida Statutes, from the Department of State to the Department
150	of State and Community Partnerships, except as otherwise
151	provided in this section.
152	(3) The following programs, functions, and activities,
153	including all statutory powers, duties, functions, rules,
154	records, personnel, property, and unexpended balances of
155	appropriations, allocations, and other funds associated with the
156	identified program, function, or activity are hereby transferred
157	by a type two transfer, as defined in s. 20.06(2), Florida
158	Statutes:
159	(a) From the Department of Community Affairs to the
160	Department of Environmental Protection, the state energy program
161	as authorized and governed by ss. 377.701 and 377.703, Florida
162	Statutes.
163	(b) From the Department of State to the Department of
164	Management Services:
165	1. The records management program as authorized and
166	governed by s. 257.36, Florida Statutes.
167	2. The Florida Administrative Code and the Florida
168	Administrative Weekly as authorized and governed by ss. 120.53,
169	120.54, 120.542, and 120.55, Florida Statutes.
170	3. The laws of Florida production activity as authorized
171	and governed by ss. 15.01 and 15.155, Florida Statutes, and s.
172	8, Art. III of the State Constitution.
173	4. The capital postconviction public records function as
174	authorized and governed by s. 119.19, Florida Statutes.
175	5. The management of copyrights, patents, and trademarks
176	held in the name of or on behalf of the State of Florida as
177	authorized and governed by ss. 286.021 and 286.031, Florida
178	Statutes.
179	(c) From the Department of State to the Executive Office
180	of the Governor.
181	1. The advocating international business partnerships
182	service as authorized in ss. 288.809 and 288.816, Florida
183	Statutes.
184	2. Issuance of apostilles as authorized by s. 15.16(8),
185	Florida Statutes.
186	3. The international notaries function as authorized in
187	chapter 118, Florida Statutes.
188	(d) From the Department of Environmental Protection to the
189	Department of State and Community Partnerships:
190	1. The Florida Recreation Development Assistance Program
191	(FRDAP) as authorized by s. 375.075, Florida Statutes, and
192	associated revenues described in s. 259.105(3)(d), Florida
193	Statutes.
194	2. The federal recreational trails program.
195	(e) From the Department of Community Affairs to the
196	Florida Housing Finance Corporation:
197	1. The Affordable Housing Catalyst Program as authorized
198	and governed by s. 420.606, Florida Statutes.
199	2. The Affordable Housing Study Commission as authorized
200	and governed by s. 420.609, Florida Statutes.
201	(f) From the Executive Office of the Governor to the
202	Department of State and Community Partnerships:
203	1. The Regional Rural Development Grants Program as
204	authorized and governed by ss. 14.2015 (2)(f) and 288.018,
205	Florida Statutes.
206	2. The Rural Community Development Revolving Loan Fund
207	Program as authorized and governed by ss. 14.2015 (2)(f) and
208	288.065, Florida Statutes.
209	3. The Office of Urban Opportunity as authorized and
210	governed by s. 14.2015(9)(a) and (b), Florida Statutes.
211	(g) From the Department of Community Affairs to the
212	Department of Legal Affairs, the civil legal assistance program
213	as authorized and governed by ss. 68.094-68.105, Florida
214	Statutes.
215	Section 7. The Secretary of State shall continue in office
216	as the Secretary of State and Community Partnerships without
217	further appointment by the Governor or reconfirmation by the
218	Senate.
219	Section 8. Transitional provisions.--Notwithstanding other
220	provisions of law relating to the programs within the Department
221	of State and Community Partnerships, and for the 2003-2004
222	fiscal year only, the secretary of the Department of State and
223	Community Partnerships has the authority to implement the intent
224	of the Legislature to achieve the greatest possible coordination
225	between program activities and the delivery of services to the
226	public, and to facilitate the efficient operation of the
227	department.
228	Section 9. The Division of Statutory Revision is directed
229	to prepare a reviser’s bill for introduction at the 2004 Regular
230	Session of the Legislature to conform the Florida Statutes to
231	the organizational changes made by this act.
232	Section 10. This act shall take effect July 1, 2003.