HB 1687 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to governmental reorganization; creating
13	s. 20.101, F.S.; creating the Department of State and
14	Community Affairs; providing the mission of the
15	department; providing that the department shall be headed
16	by a secretary appointed by and serving at the pleasure of
17	the Governor; establishing divisions within the
18	department; providing that the Florida Housing Finance
19	Corporation and the Division of Emergency Management shall
20	be placed in the department for administrative purposes;
21	requiring appointment of division directors; providing for
22	the appointment of deputy and assistant secretaries;
23	providing for the establishment of bureaus, sections, and
24	subsections deemed necessary by the secretary for certain
25	purposes; providing for the appointment of directors or
26	executive directors of any commission or council;
27	providing for the appointment by the Governor of the
28	director of the Division of Emergency Management;
29	repealing s. 20.10, F.S., relating to the Department of
30	State; repealing s. 20.18, F.S., relating to the
31	Department of Community Affairs; providing for the
32	transfer of programs, functions, activities, powers,
33	duties, rules, records, personnel, property, and
34	unexpended balances among certain state agencies;
35	providing that the Secretary of State shall continue in
36	office as the secretary of the Department of State and
37	Community Affairs without further appointment or
38	confirmation; providing transitional provisions; amending
39	ss. 11.011, 11.021, 11.03, 11.07, 15.01, 15.02, 15.03,
40	15.07, and 15.155, F.S., to conform; directing the
41	Division of Statutory Revision to prepare a reviser's bill
42	for the 2004 Regular Session of the Legislature; providing
43	an effective date.
44
45	Be It Enacted by the Legislature of the State of Florida:
46
47	Section 1. Section 20.101, Florida Statutes, is created to
48	read:
49	20.101 Department of State and Community Affairs.--There
50	is created a Department of State and Community Affairs.
51	(1) The mission of the Department of State and Community
52	Affairs is to work in partnership with federal, state, and local
53	governmental agencies, communities, public and private entities,
54	and individuals in protecting and promoting the state's rich and
55	diverse heritage, in protecting and promoting the state's
56	natural resources, in protecting and promoting the rights of
57	citizens, communities, and businesses, and in encouraging
58	economic diversity and opportunities for sound growth. To
59	accomplish this multifaceted mission, the department shall, at a
60	minimum, do the following:
61	(a) Improve the quality of life in the state and its
62	communities through supporting and promoting programs with
63	historic, cultural, or artistic significance.
64	(b) Encourage identification, evaluation, protection,
65	preservation, collection, conservation, and interpretation of
66	and public access to information about Florida's historic sites,
67	properties, and objects related to Florida history and to
68	archaeological and folk cultural heritage.
69	(c) Assist in developing library services in local
70	communities statewide, stimulate statewide cooperation among
71	libraries of all types, and ensure access to materials and
72	information of past, present, and future value to enable state
73	government, local libraries, and agencies to provide effective
74	information services for the benefit of the people of Florida.
75	(d) Promote the economical and efficient management of
76	public records.
77	(e) Assist local communities to provide fair, credible,
78	and accessible elections.
79	(f) Promote a positive business climate in Florida by
80	maintaining an efficient and effective business registration
81	activity, including the filing of business entities, trade and
82	service marks, judgment liens, and fictitious names.
83	(g) Protect residents, visitors, and property by planning
84	for and mitigating against hazards, and by maintaining effective
85	and rapid response and recovery capabilities at the state and
86	local levels.
87	(h) Provide assistance and grant funding to local
88	governments in identifying programs and services available to
89	residents and local governments for individual and neighborhood
90	improvements.
91	(i) Promote economic development through providing
92	assistance to communities to achieve a consistent, effective
93	management of growth to protect their natural resources and to
94	improve their quality of life.
95	(j) Provide consistent direction and support regarding
96	local and state roles in protecting critical state resources and
97	addressing significant state issues.
98	(k) Accomplish effective comprehensive planning and growth
99	management to protect significant state assets including
100	environmental resources and open space and promote diverse land
101	uses that ensure efficient utilization of public and private
102	investments in infrastructure and long term livability of
103	communities through regulation, oversight, and targeted
104	technical assistance.
105	(l) Maintain and uphold citizen participation in all
106	programs of the Department of State and Community Affairs.
107	(2) The head of the Department of State and Community
108	Affairs is the Secretary of State. The secretary shall be
109	appointed by the Governor subject to confirmation by the Senate.
110	The secretary shall serve at the pleasure of the Governor.
111	(3) The following divisions of the Department of State and
112	Community Affairs are established:
113	(a) Division of Community Assistance.
114	(b) Division of Community Planning and Growth Management.
115	(c) Division of Corporations.
116	(d) Division of Elections.
117	(e) Division of Historical and Cultural Resources.
118	(f) Division of Library and Information Services.
119	(4) The Florida Housing Finance Corporation and the
120	Division of Emergency Management shall be housed in the
121	Department of State and Community Affairs for administrative
122	purposes.
123	(5) The secretary shall appoint a director for each
124	division established within this section. Each division director
125	shall directly administer the division and shall be responsible
126	to the secretary. The secretary may appoint deputy and assistant
127	secretaries as necessary to aid the secretary in fulfilling the
128	secretary's statutory obligations.
129	(6) Bureaus, sections, and subsections of the department
130	may be established as deemed necessary by the secretary to
131	promote efficient and effective operation of the department,
132	pursuant to s. 20.04, and necessary to carry out the
133	requirements of state and federal law.
134	(7) Unless otherwise provided by law, the Secretary of
135	State shall appoint the directors or executive directors of any
136	commission or council assigned to the department, who shall
137	serve at his or her pleasure as provided for division directors
138	in s. 110.205. The appointments or terminations by the secretary
139	shall be done with the advice and consent of the commission or
140	council. Each director or executive director may employ, subject
141	to departmental rules and procedures, such personnel as may be
142	authorized and necessary.
143	(8) The director of Emergency Management shall be
144	appointed by, and serve at the pleasure of the Governor.
145	Section 2. Sections 20.10 and 20.18, Florida Statutes, are
146	repealed.
147	Section 3. Transfers.--
148	(1) All powers, duties, functions, rules, records,
149	personnel, property, and unexpended balances of appropriations,
150	allocations, and other funds of the Department of Community
151	Affairs are transferred intact by a type two transfer, as
152	defined in s. 20.06(2), Florida Statutes, from the Department of
153	Community Affairs to the Department of State and Community
154	Affairs, except as otherwise provided in this section.
155	(2) All powers, duties, functions, rules, records,
156	personnel, property, and unexpended balances of appropriations,
157	allocations, and other funds of the Department of State are
158	transferred intact by a type two transfer, as defined in s.
159	20.06(2), Florida Statutes, from the Department of State to the
160	Department of State and Community Affairs, except as otherwise
161	provided in this section.
162	(3) The following programs, functions, and activities,
163	including all statutory powers, duties, functions, rules,
164	records, personnel, property, and unexpended balances of
165	appropriations, allocations, and other funds associated with the
166	identified program, function, or activity are hereby transferred
167	intact by a type two transfer, as defined in s. 20.06(2),
168	Florida Statutes:
169	(a) From the Department of Community Affairs to the
170	Department of Environmental Protection, the state energy program
171	as authorized and governed by ss. 377.701 and 377.703, Florida
172	Statutes.
173	(b) From the Department of State to the Executive Office
174	of the Governor:
175	1. The advocating international business partnerships
176	service as authorized in ss. 288.809 and 288.816, Florida
177	Statutes.
178	2. Issuance of apostilles as authorized by s. 15.16(8),
179	Florida Statutes.
180	3. The international notaries function as authorized in
181	chapter 118, Florida Statutes.
182
183	However, these transfers shall not include any transfer of the
184	statutory roles and responsibilities of the Secretary of State
185	as Florida's Chief Cultural Officer.
186	(c) From the Department of Environmental Protection to the
187	Department of State and Community Affairs:
188	1. The Florida Recreation Development Assistance Program
189	(FRDAP) as authorized by s. 375.075, Florida Statutes, and
190	associated revenues described in s. 259.105(3)(d), Florida
191	Statutes.
192	2. The federal recreational trails program.
193	(d) From the Department of Community Affairs to the
194	Florida Housing Finance Corporation:
195	1. The Affordable Housing Catalyst Program as authorized
196	and governed by s. 420.606, Florida Statutes.
197	2. The Affordable Housing Study Commission as authorized
198	and governed by s. 420.609, Florida Statutes.
199	(e) From the Executive Office of the Governor to the
200	Department of State and Community Affairs:
201	1. The Regional Rural Development Grants Program as
202	authorized and governed by ss. 14.2015(2)(f) and 288.018,
203	Florida Statutes.
204	2. The Rural Community Development Revolving Loan Fund
205	Program as authorized and governed by ss. 14.2015(2)(f) and
206	288.065, Florida Statutes.
207	3. The Office of Urban Opportunity as authorized and
208	governed by s. 14.2015(9), Florida Statutes.
209	(f) From the Department of Community Affairs to the
210	Department of Legal Affairs, the civil legal assistance program
211	as authorized and governed by ss. 68.094-68.105, Florida
212	Statutes.
213	(g) From the Department of State to the Department of
214	Management Services:
215	1. The records management program as authorized and
216	governed by s. 257.36, Florida Statutes.
217	2. The Florida Administrative Code and the Florida
218	Administrative Weekly as authorized and governed by ss. 120.53,
219	120.54, 120.542, and 120.55, Florida Statutes.
220	3. The management of copyrights, patents, and trademarks
221	held in the name of or on behalf of the State of Florida as
222	authorized and governed by ss. 286.021 and 286.031, Florida
223	Statutes.
224	Section 4. The Secretary of State shall continue in office
225	as the secretary of the Department of State and Community
226	Affairs without further appointment by the Governor or
227	reconfirmation by the Senate and shall be known as the Secretary
228	of State.
229	Section 5. Transitional provision.--For the 2003-2004
230	fiscal year, for positions and moneys appropriated for the
231	respective Offices of the Secretary for the Department of
232	Community Affairs and the Department of State in the General
233	Appropriations Act, the Secretary of State has the authority to
234	implement any reductions or changes in staffing or funding
235	necessary for the optimum structure to achieve the greatest
236	possible coordination and to facilitate the efficient operation
237	of the department.
238	Section 6. Report.--The Department of State and Community
239	Affairs, the Department of Environmental Protection, the
240	Executive Office of the Governor, the Department of Legal
241	Affairs, and the Department of Management Services shall
242	evaluate the programs, functions, and activities transferred to
243	their respective agencies by this act. The agencies shall
244	provide a joint report to the Governor, the Speaker of the House
245	of Representatives, and the President of the Senate by October
246	15, 2003, recommending statutory changes to best effectuate and
247	incorporate the programs, functions, and activities within each
248	agency, including recommendations for achieving efficiencies in
249	management and operation, improving service delivery to the
250	public, and ensuring compliance with federal and state laws. The
251	Department of State and Community Affairs shall hold meetings
252	with and otherwise gather input from constituent groups,
253	including, but not limited to, arts, historic, cultural,
254	libraries, cities, counties, growth management, economic
255	development, and environmental interest groups. Any input
256	received shall be considered by the agencies and made a part of
257	the final report.
258	Section 7. The Department of State and Community Affairs
259	shall operate the programs transferred to the department as
260	directed by statutes in place on the effective date of this act.
261	The department shall not make substantive programmatic changes
262	by rule in advance of the completion of the 2004 Legislative
263	Session.
264	Section 8. Section 11.011, Florida Statutes, is amended to
265	read:
266	11.011 Special session; convened by Legislature.--
267	(1) The President of the Senate and the Speaker of the
268	House of Representatives, by joint proclamation duly filed with
269	the Department of State and Community Affairs, may convene the
270	Legislature in special session pursuant to the authority of s.
271	3, Art. III of the State Constitution.
272	(2) The Legislature may also be convened in special
273	session in the following manner: When 20 percent of the members
274	of the Legislature shall execute in writing and file with the
275	Department of State and Community Affairstheir certificates
276	that conditions warrant the convening of the Legislature into
277	special session, the Department of State and Community Affairs
278	shall, within 7 days after receiving the requisite number of
279	such certificates, poll the members of the Legislature, and upon
280	the affirmative vote of three-fifths of the members of both
281	houses, shall forthwith fix the day and hour for the convening
282	of such special session. Notice thereof shall be given each
283	member by registered mail within 7 days after receiving the
284	requisite number of said certificates. The time for convening of
285	said session shall not be less than 14 days nor more than 21
286	days from the date of mailing said notices. In pursuance of said
287	certificates, affirmative vote of the membership, and notice,
288	the Legislature shall convene in special session. Should the
289	Department of State and Community Affairsfail to receive the
290	requisite number of said certificates requesting the convening
291	of a special session of the Legislature within a period of 60
292	days after receipt of the first of said certificates, all
293	certificates previously filed shall be rendered null and void
294	and no special session shall be called, and said certificates
295	shall not be used at any future time for the convening of the
296	Legislature.
297	(3) During any special session convened pursuant to this
298	section, only such legislative business may be transacted as is
299	within the purview of the purpose or purposes stated in the
300	proclamation, the certificates filed with the Secretary of
301	State, or in a communication from the Governor or as is
302	introduced by consent of two-thirds of the membership of each
303	house.
304	Section 9. Section 11.021, Florida Statutes, is amended to
305	read:
306	11.021 Evidence of publication of notice.--The evidence
307	that such notice has been published shall be established in the
308	Legislature before such bill shall be passed, and such evidence
309	shall be filed or preserved with the bill in the Department of
310	State and Community Affairsin such manner as the Legislature
311	shall provide.
312	Section 10. Subsection (2) of section 11.03, Florida
313	Statutes, is amended to read:
314	11.03 Proof of publication of notice.--
315	(2) Such affidavit of proof of publication shall be
316	attached to the contemplated law when it is introduced into the
317	Legislature. A true copy of the notice published or posted shall
318	also be attached to the bill when introduced, but it shall not
319	be necessary to enter said published or posted notice, or proof
320	thereof, in the journals. The fact that such notice was
321	established in the Legislature shall in every case be recited
322	upon the journals of the Senate and of the House of
323	Representatives, and the notice published and affidavit of
324	publication thereof shall accompany the bill throughout the
325	Legislature and be preserved as a part thereof in the Department
326	of State and Community Affairs.
327	Section 11. Subsections (1) and (3) of section 11.07,
328	Florida Statutes, are amended to read:
329	11.07 Method of enrolling bills, etc.--
330	(1) All bills and joint resolutions passed by the Senate
331	and House of Representatives shall be duly enrolled, on paper,
332	by the Secretary of the Senate or the Clerk of the House of
333	Representatives, accordingly as the bills or joint resolutions
334	may have originated in the Senate or House of Representatives,
335	before they shall be presented to the Governor or filed in the
336	Department of State and Community Affairs.
337	(3) The size, style and quality of the paper to be used
338	shall be prescribed by the Department of State and Community
339	Affairsand furnished by it, in sufficient quantities, to the
340	Secretary of the Senate and the Clerk of the House of
341	Representatives. The cost of said enrolling paper shall be paid
342	for by the Legislature from the appropriation for legislative
343	expense.
344	Section 12. Section 15.01, Florida Statutes, is amended to
345	read:
346	15.01 Duties.--The Department of State and Community
347	Affairsshall have the custody of the constitution and Great
348	Seal of this state, and of the original statutes thereof, and of
349	the resolutions of the Legislature, and of all the official
350	correspondence of the Governor. The department shall keep in its
351	office a register and an index of all official letters, orders,
352	communications, messages, documents, and other official acts
353	issued or received by the Governor or the Secretary of State,
354	and record these in a book numbered in chronological order. The
355	Governor, before issuing any order or transmission of any
356	official letter, communication, or document from the executive
357	office or promulgation of any official act or proceeding, except
358	military orders, shall deliver the same or a copy thereof to the
359	Department of State and Community Affairsto be recorded.
360	Section 13. Section 15.02, Florida Statutes, is amended to
361	read:
362	15.02 Custodian of state flag; state papers; state laws
363	and legislative documents.--The Department of State and
364	Community Affairsshall have custody of the state flag; of all
365	books, papers, files, and documents belonging to the office of
366	Secretary of State; and of the laws of the state and books,
367	papers, journals, and documents of the Legislature.
368	Section 14. Subsections (2) and (3) of section 15.03,
369	Florida Statutes, are amended to read:
370	15.03 State seal.--
371	(2)(a) The Department of State and Community Affairsshall
372	be the custodian of the great seal of the state.
373	(b) The great seal of this state shall also be the seal of
374	the Department of State and Community Affairs, and the
375	department may certify under said seal, copies of any statute,
376	law, resolution, record, paper, letter or document, by law
377	placed in its custody, keeping and care, and such certified copy
378	shall have the same force and effect in evidence, as the
379	original would have.
380	(3) Only the Department of State and Community Affairs
381	shall be authorized to affix the seal to any document for the
382	purpose of attesting, certifying, or otherwise formalizing such
383	document. Any facsimile or reproduction of the great seal shall
384	be manufactured, used, displayed, or otherwise employed by
385	anyone only upon the approval of the Department of State and
386	Community Affairs. The Department of State and Community Affairs
387	may grant a certificate of approval upon application to it by
388	any person showing good cause for the use of the seal for a
389	proper purpose. The Department of State and Community Affairs
390	may adopt reasonable rules for the manufacture or use of the
391	great seal or any facsimile or reproduction thereof. Any person
392	violating the provisions of this subsection is guilty of a
393	misdemeanor of the second degree, punishable as provided in s.
394	775.082 or s. 775.083.
395	Section 15. Section 15.07, Florida Statutes, is amended to
396	read:
397	15.07 Acts and papers of the Legislature to be deposited
398	with the Department of State and Community Affairs.--All
399	original acts and resolutions passed by the Legislature, and all
400	other original papers acted upon thereby, together with the
401	Journal of the Senate, and the Journal of the House of
402	Representatives, shall, immediately upon the adjournment
403	thereof, be deposited with, and preserved in, the Department of
404	State and Community Affairs, by which they shall be properly
405	arranged, classified, and filed, provided that the journal of
406	the executive session of the Senate shall be kept free from
407	inspection or disclosure except upon the order of the Senate
408	itself or some court of competent jurisdiction.
409	Section 16. Section 15.155, Florida Statutes, is amended
410	to read:
411	15.155 Legislative documents; Department of State and
412	Community Affairsto classify, number, and furnish copies of
413	general laws, special acts, resolutions, and memorials.--
414	(1) Immediately after any act of the Legislature or any
415	resolution or memorial is filed in the office of the Department
416	of State and Community Affairs, the department shall:
417	(a) Select, segregate, and classify all acts of the
418	Legislature, including memorials and resolutions, by dividing
419	them into the following two classifications: Volume I, General
420	Acts, and Volume II, Special Acts;
421	(b) Include in such General Acts all acts passed as
422	general laws and all memorials and resolutions, including
423	proposed constitutional amendments, and include in such Special
424	Acts only those acts passed as special laws and becoming law as
425	such;
426	(c) Assign a chapter number to each such act; and
427	(d) Furnish true and accurate copies of such laws,
428	resolutions, and memorials passed by the Legislature to the
429	Office of Legislative Services for publication.
430	(2) The Department of State and Community Affairsshall
431	distribute pamphlet copies of the general laws upon requisition
432	to any official of the legislative, judicial, or executive
433	branches of state or county government in this state. Surplus
434	copies may be distributed to practicing attorneys in the state
435	upon their written request and payment of a nominal fee
436	sufficient to pay for mailing.
437	Section 17. The Division of Statutory Revision is directed
438	to prepare a reviser’s bill for introduction at the 2004 Regular
439	Session of the Legislature to conform the Florida Statutes to
440	the organizational changes made by this act.
441	Section 18. This act shall take effect July 1, 2003.