1 | A bill to be entitled |
2 | An act relating to obsolete or outdated agency plans, |
3 | reports, and programs; repealing s. 14.25, F.S., relating |
4 | to the Florida State Commission on Hispanic Affairs; |
5 | amending s. 14.26, F.S.; revising reporting requirements |
6 | of the Citizen's Assistance Office; repealing s. 14.27, |
7 | F.S., relating to the Florida Commission on African- |
8 | American Affairs; repealing s. 16.58, F.S., relating to |
9 | the Florida Legal Resource Center; amending ss. 17.32, |
10 | 17.325, and 20.057, F.S.; revising provisions relating to |
11 | reports on trust funds, the governmental efficiency |
12 | hotline, and interagency agreements; amending s. 20.19, |
13 | F.S.; revising provisions relating to plans, projections, |
14 | and the mission of the Department of Children and Family |
15 | Services; amending s. 20.315, F.S.; revising provisions |
16 | relating to an evaluation of the Department of Corrections |
17 | by the Florida Corrections Commission; amending s. 20.316, |
18 | F.S.; revising provisions relating to reports of the |
19 | Department of Juvenile Justice; amending ss. 20.43, |
20 | 39.001, 39.3065, 39.4086, 39.523, 98.255, and 106.22, |
21 | F.S.; revising and deleting provisions relating to |
22 | specified obsolete and outdated plans, reports, and |
23 | programs; amending s. 106.24, F.S.; conforming a cross |
24 | reference; amending ss. 110.1227, 120.542, 120.60, |
25 | 120.695, 120.74, and 121.45, F.S.; revising and deleting |
26 | provisions relating to specified obsolete and outdated |
27 | plans, reports, and programs; repealing s. 153.952, F.S., |
28 | relating to legislative findings and intent concerning the |
29 | condition or operation of privately owned water or |
30 | wastewater utility systems and facilities; amending s. |
31 | 161.053, F.S.; deleting obsolete provisions relating to |
32 | the establishment of coastal construction control lines; |
33 | amending s. 370.12, F.S.; conforming a cross reference; |
34 | amending s. 161.161, F.S.; revising provisions relating to |
35 | reporting requirements for beach erosion control projects; |
36 | repealing s. 163.2526, F.S., relating to review and |
37 | evaluation of specified provisions relating to urban |
38 | infill and redevelopment; amending ss. 163.3167, 163.3177, |
39 | 163.3178, 163.519, 186.007, 186.022, 189.4035, 189.412, |
40 | 194.034, 206.606, 212.054, and 212.08, F.S.; revising and |
41 | deleting provisions relating to specified obsolete and |
42 | outdated plans, reports, and programs; repealing s. |
43 | 213.0452, F.S., relating to certain required reporting by |
44 | the Department of Revenue; repealing s. 213.054, F.S., |
45 | relating to an annual report concerning persons claiming |
46 | certain tax exemptions or deductions; amending ss. |
47 | 215.5601, 215.70, 216.011, and 216.013, F.S.; revising and |
48 | deleting provisions relating to specified obsolete and |
49 | outdated plans, reports, and programs; repealing s. |
50 | 216.103, F.S., relating to agencies receiving federal |
51 | funds; repealing s. 216.172, F.S., relating to meetings of |
52 | legislative appropriations committees; amending s. |
53 | 216.181, F.S.; deleting a requirement for a specified |
54 | report concerning state employment; repealing s. 216.1825, |
55 | F.S., relating to zero-based budgeting; amending ss. |
56 | 252.55 and 253.7825, F.S.; revising and deleting |
57 | provisions relating to specified reports and plans; |
58 | repealing s. 253.7826, F.S., relating to canal structures; |
59 | repealing s. 253.7829, F.S., relating to management plan |
60 | for retention or disposition of former Cross Florida Barge |
61 | Canal lands; amending s. 259.037, F.S.; revising |
62 | provisions relating to a report by the Land Management |
63 | Uniform Accounting Council; repealing s. 265.56, F.S., |
64 | relating to specified annual report by the Department of |
65 | State; amending s. 267.074, F.S.; deleting requirements |
66 | for a specified plan relating to historical markers; |
67 | repealing s. 272.121, F.S., relating to Capitol Center |
68 | long-range planning; amending ss. 282.102, 284.50, |
69 | 287.045, 287.059, 287.16, 288.1045, and 288.108, F.S.; |
70 | revising and deleting provisions relating to specified |
71 | obsolete and outdated plans, reports, and programs; |
72 | repealing s. 288.1185, F.S., relating to the Recycling |
73 | Markets Advisory Committee; amending ss. 288.1226, |
74 | 288.1229, 288.7015; 288.7771, 288.8175, 288.853, |
75 | 288.95155, 288.9604, 288.9610, 292.04, and 292.05, F.S.; |
76 | revising and deleting provisions relating to specified |
77 | obsolete and outdated plans, reports, and programs; |
78 | repealing s. 296.16, F.S., relating to reports concerning |
79 | the Veterans' Domiciliary Home of Florida; repealing s. |
80 | 296.39, F.S., relating to reports concerning veterans |
81 | nursing homes; amending ss. 315.03, 319.324, 322.181, |
82 | 322.251, 365.171, 365.172, 365.173, 366.82, 369.22, |
83 | 370.26, 372.5712, and 372.5715, F.S.; revising and |
84 | deleting provisions relating to specified obsolete and |
85 | outdated plans, reports, and programs; repealing s. |
86 | 372.673, F.S., relating to the Florida Panther Technical |
87 | Advisory Council; repealing s. 372.674, F.S., relating to |
88 | environmental education; amending s. 372.672, F.S.; |
89 | conforming to the repeal of s. 372.674, F.S.; amending ss. |
90 | 373.0391, 373.046, 373.1963, and 376.121, F.S.; revising |
91 | and deleting provisions relating to specified obsolete and |
92 | outdated plans, reports, and programs; repealing s. |
93 | 376.17, F.S., relating to reports concerning operation of |
94 | a specified pollution control program; amending ss. |
95 | 376.30713, 377.703, 380.06, and 380.0677, F.S.; revising |
96 | and deleting provisions relating to specified obsolete and |
97 | outdated plans, reports, and programs; amending ss. |
98 | 259.041 and 259.101, F.S.; correcting cross references; |
99 | amending s. 381.0011, F.S.; deleting specified |
100 | requirements for a Department of Health strategic plan; |
101 | repealing s. 381.0036, F.S., relating to planning for |
102 | implementation of educational requirements concerning HIV |
103 | and AIDS for specified professional licensure applicants; |
104 | repealing s. 381.731, F.S., relating to a Department of |
105 | Health strategic plan; amending ss. 381.732 and 381.733, |
106 | F.S.; conforming cross references; amending ss. 381.795, |
107 | 381.90, 381.931, and 383.19, F.S.; revising and deleting |
108 | provisions relating to specified obsolete and outdated |
109 | plans, reports, and programs; repealing s. 383.21, F.S., |
110 | relating to review of certain perinatal intensive care |
111 | programs; amending ss. 383.2161, 384.25, 394.4573, |
112 | 394.4985, and 394.75, F.S.; revising and deleting |
113 | provisions relating to specified obsolete and outdated |
114 | plans, reports, and programs; repealing s. 394.82, F.S., |
115 | relating to expanded funding of certain services; amending |
116 | s. 394.655, F.S.; conforming provisions to the repeal of |
117 | s. 394.82, F.S.; amending s. 394.9082, F.S.; revising |
118 | provisions relating to behavioral health service |
119 | strategies; repealing s. 394.9083, F.S., relating to the |
120 | Behavioral Health Services Integration Workgroup; amending |
121 | ss. 395.807, 397.321, 397.332, 397.333, 397.94, 400.0067, |
122 | 400.0075, and 400.0089, F.S.; revising and deleting |
123 | provisions relating to specified obsolete and outdated |
124 | plans, reports, and programs; repealing s. 400.148, F.S., |
125 | relating to the Medicaid "Up-or-Out" Quality of Care |
126 | Contract Management Program; amending s. 400.0239, F.S.; |
127 | conforming provisions to the repeal of s. 400.148, F.S.; |
128 | amending ss. 400.407, 400.408, 400.419, 400.441, 400.967, |
129 | 402.3016, 402.40, 402.73, 403.067, and 403.4131, F.S.; |
130 | revising and deleting provisions relating to specified |
131 | obsolete and outdated plans, reports, and programs; |
132 | repealing s. 403.756, F.S., relating to a report |
133 | concerning oil recycling; amending ss. 403.7226 and |
134 | 403.7265, F.S.; revising and deleting provisions relating |
135 | to specified obsolete and outdated plans, reports, and |
136 | programs; amending s. 403.7264, F.S.; conforming a cross |
137 | reference; amending ss. 403.7895, 406.02, 408.033, |
138 | 408.914, and 408.915, F.S.; revising and deleting |
139 | provisions relating to specified obsolete and outdated |
140 | plans, reports, and programs; repealing s. 408.917, F.S., |
141 | relating to evaluation of a health care eligibility pilot |
142 | project; amending s. 409.1451, F.S.; revising reporting |
143 | requirements relating to independent living transition |
144 | services; repealing s. 409.146, F.S., relating to a |
145 | children and families client and management information |
146 | system; repealing s. 409.152, F.S., relating to service |
147 | integration and family preservation; amending ss. |
148 | 409.1679, 409.1685, 409.178, 409.221, 409.25575, 409.2558, |
149 | 409.2567, 409.441, 409.906, 409.9065, 409.91188, and |
150 | 409.912, F.S.; revising and deleting provisions relating |
151 | to specified obsolete and outdated plans, reports, and |
152 | programs; amending ss. 394.9082, 409.9065, 409.91196, and |
153 | 641.386, F.S.; conforming cross references; repealing s. |
154 | 410.0245, F.S., relating to a study of service needs; |
155 | amending s. 410.604, F.S.; deleting a requirement for an |
156 | evaluation and report concerning a specified community |
157 | care for disabled adults program; repealing s. 411.221, |
158 | F.S., relating to a prevention and early assistance |
159 | strategic plan; amending ss. 411.01 and 411.232, F.S.; |
160 | conforming provisions to the repeal of s. 411.221, F.S.; |
161 | repealing s. 411.242, F.S., relating to the Florida |
162 | Education Now and Babies Later (ENABL) program; amending |
163 | ss. 413.402, 414.1251, 414.14, 414.36, 414.391, 415.1045, |
164 | 415.111, 420.622, 420.623, 427.704, 427.706, 430.04, |
165 | 430.502, 430.707, 445.003, 445.004, and 445.006, F.S.; |
166 | revising and deleting provisions relating to specified |
167 | obsolete and outdated plans, reports, and programs; |
168 | conforming provisions to the repeal of s. 411.242, F.S.; |
169 | amending ss. 445.022 and 445.049, F.S.; revising and |
170 | deleting provisions relating to specified obsolete and |
171 | outdated plans, reports, and programs; repealing s. |
172 | 446.27, F.S., relating to a youth-at-risk pilot program |
173 | annual report; amending ss. 446.50 and 446.609, F.S.; |
174 | revising and deleting provisions relating to specified |
175 | obsolete and outdated plans, reports, and programs; |
176 | repealing s. 455.204, F.S., relating to long-range policy |
177 | planning; amending ss. 455.2226, 455.2228, 456.005, |
178 | 456.025, 456.031, 456.033, 456.034, and 517.302, F.S.; |
179 | revising and deleting provisions relating to specified |
180 | obsolete and outdated plans, reports, and programs; |
181 | repealing s. 526.3135, F.S., relating to reports by the |
182 | Division of Standards; amending s. 531.415, F.S., relating |
183 | to a required notice to the Legislature concerning certain |
184 | fees; repealing s. 553.975, F.S., relating to a report |
185 | concerning energy conservation standards; amending ss. |
186 | 570.0705, 570.0725, 570.235, 570.543, 570.952, 603.204, |
187 | 627.351, 627.64872, 744.7021, 744.708, 765.5215, 768.295, |
188 | 775.084, 790.22, 932.7055, 943.08, 943.125, 943.68, |
189 | 944.023, 944.801, 945.35, 948.10, 958.045, 960.045, |
190 | 985.02, 985.08, and 985.3045, F.S.; revising and deleting |
191 | provisions relating to specified obsolete and outdated |
192 | plans, reports, and programs; repealing s. 985.3046, F.S., |
193 | relating to certain reports concerning agencies and |
194 | entities providing prevention services; amending ss. |
195 | 985.305, 985.309, 985.31, 985.311, and 985.3155, F.S.; |
196 | revising and deleting provisions relating to specified |
197 | obsolete and outdated plans, reports, and programs; |
198 | repealing s. 985.403, F.S., relating to a task force on |
199 | juvenile sexual offenders and their victims; amending ss. |
200 | 985.412, 1001.02, 1008.30, and 1011.82, F.S.; revising and |
201 | deleting provisions relating to specified obsolete and |
202 | outdated plans, reports, and programs; amending ss. |
203 | 1001.03 and 1002.34, F.S.; conforming cross references; |
204 | amending ss. 1003.492, 1003.61, 1004.22, and 1004.50, |
205 | F.S.; revising and deleting provisions relating to |
206 | specified obsolete and outdated plans, reports, and |
207 | programs; amending s. 1004.94, F.S., relating to an adult |
208 | literacy program; amending s. 1004.95, F.S.; deleting a |
209 | requirement for an annual report on adult literacy |
210 | centers; repealing s. 1006.0605, F.S., relating to student |
211 | summer nutrition programs; repealing s. 1006.67, F.S., |
212 | relating to a report of campus crime statistics; amending |
213 | ss. 1007.27, 1009.70, 1011.32, 1011.4105, 1011.62, |
214 | 1012.05, 1012.42, 1013.03, and 1013.11, F.S.; revising and |
215 | deleting provisions relating to specified obsolete and |
216 | outdated plans, reports, and programs; providing an |
217 | effective date. |
218 |
|
219 | Be It Enacted by the Legislature of the State of Florida: |
220 |
|
221 | Section 1. Section 14.25, Florida Statutes, is repealed. |
222 | Section 2. Subsection (3) of section 14.26, Florida |
223 | Statutes, is amended to read: |
224 | 14.26 Citizen's Assistance Office.-- |
225 | (3) The Citizen's Assistance Office shall report make |
226 | quarterly reports to the Governor on, which shall include: |
227 | (a) The number of complaints and investigations and |
228 | complaints made during the preceding quarter and the disposition |
229 | of such investigations. |
230 | (b) Recommendations in the form of suggested legislation |
231 | or suggested procedures for the alleviation of problems |
232 | disclosed by investigations. |
233 | (b)(c) A report including statistics which reflect The |
234 | types of complaints made and an assessment as to the cause of |
235 | the complaints. |
236 | (c) Recommendations for the alleviation of the cause of |
237 | complaints disclosed by investigation. |
238 | (d) Such other information as the Executive Office of the |
239 | Governor shall require. |
240 | Section 3. Section 14.27, Florida Statutes, is repealed. |
241 | Section 4. Section 16.58, Florida Statutes, is repealed. |
242 | Section 5. Subsection (1) of section 17.32, Florida |
243 | Statutes, is amended to read: |
244 | 17.32 Annual report of trust funds; duties of Chief |
245 | Financial Officer.-- |
246 | (1) On February 1 of each year, the Chief Financial |
247 | Officer shall present to the Governor and the Legislature |
248 | President of the Senate and the Speaker of the House of |
249 | Representatives a report listing all trust funds as defined in |
250 | s. 215.32. The report shall contain the following data elements |
251 | for each fund for the preceding fiscal year: |
252 | (a) The fund code. |
253 | (b) The title. |
254 | (c) The fund type according to generally accepted |
255 | accounting principles. |
256 | (d) The statutory authority. |
257 | (e) The beginning cash balance. |
258 | (f) Direct revenues. |
259 | (g) Nonoperating revenues. |
260 | (h) Operating disbursements. |
261 | (i) Nonoperating disbursements. |
262 | (j) The ending cash balance. |
263 | (k) The department and budget entity in which the fund is |
264 | located. |
265 | Section 6. Subsection (1) of section 17.325, Florida |
266 | Statutes, is amended to read: |
267 | 17.325 Governmental efficiency hotline; duties of Chief |
268 | Financial Officer.-- |
269 | (1) The Chief Financial Officer shall establish and |
270 | operate a statewide toll-free telephone hotline to receive |
271 | information or suggestions from the citizens of this state on |
272 | how to improve the operation of government, increase |
273 | governmental efficiency, and eliminate waste in government. The |
274 | Chief Financial Officer shall report each month to the |
275 | appropriations committee of the House of Representatives and of |
276 | the Senate the information or suggestions received through the |
277 | hotline and the evaluations and determinations made by the |
278 | affected agency, as provided in subsection (3), with respect to |
279 | such information or suggestions. |
280 | Section 7. Section 20.057, Florida Statutes, is amended to |
281 | read: |
282 | 20.057 Interagency agreements to delete duplication of |
283 | inspections.-- |
284 | (1) The Governor shall direct any department, the head of |
285 | which is an officer or board appointed by and serving at the |
286 | pleasure of the Governor, to enter into an interagency agreement |
287 | that will eliminate duplication of inspections among the |
288 | departments that inspect the same type of facility or structure. |
289 | Parties to the agreement may include departments which are |
290 | headed by a Cabinet officer, the Governor and Cabinet, or a |
291 | collegial body. The agreement shall: |
292 | (a) Authorize agents of one department to conduct |
293 | inspections required to be performed by another department. |
294 | (b) Specify that agents of the department conducting the |
295 | inspection have all powers relative to the inspection as the |
296 | agents of the department on whose behalf the inspection is being |
297 | conducted. |
298 | (c) Require that agents of the department conducting the |
299 | inspection have sufficient knowledge of statutory and |
300 | administrative inspection requirements to conduct a proper |
301 | inspection. |
302 | (d) Specify that the departments which have entered into |
303 | the agreement may neither charge nor accept any funds with |
304 | respect to duties performed under the agreement which are in |
305 | excess of the direct costs of conducting such inspections. |
306 | (2) Before taking effect, an agreement entered into under |
307 | this section must be approved by the Governor. Inspections |
308 | conducted under an agreement shall be deemed sufficient for |
309 | enforcement purposes pursuant to the agreement or as otherwise |
310 | provided by law. |
311 | (2) No later than 60 days prior to the beginning of the |
312 | regular session, the Governor shall make an annual report to the |
313 | President of the Senate and the Speaker of the House of |
314 | Representatives regarding interagency agreements. The report |
315 | shall identify each interagency agreement entered into under |
316 | this section, and, for each agreement, shall describe the |
317 | duplication eliminated, provide data that measures the |
318 | effectiveness of inspections conducted under the interagency |
319 | agreement, and estimate the cost savings that have resulted from |
320 | the agreement. The report shall also describe obstacles |
321 | encountered by any department in attempting to develop an |
322 | interagency agreement and in performing duties resulting from an |
323 | interagency agreement and shall recommend appropriate remedial |
324 | legislative action. |
325 | Section 8. Subsection (1) and paragraph (c) of subsection |
326 | (5) of section 20.19, Florida Statutes, are amended to read: |
327 | 20.19 Department of Children and Family Services.--There |
328 | is created a Department of Children and Family Services. |
329 | (1) MISSION AND PURPOSE.-- |
330 | (a) The mission of the Department of Children and Family |
331 | Services is to protect vulnerable children and adults, |
332 | strengthen families, and support individuals and families in |
333 | achieving personal and economic self-sufficiency work in |
334 | partnership with local communities to ensure the safety, well- |
335 | being, and self-sufficiency of the people served. |
336 | (b) The department shall develop a strategic plan for |
337 | fulfilling its mission and establish a set of measurable goals, |
338 | objectives, performance standards, and quality assurance |
339 | requirements to ensure that the department is accountable to the |
340 | people of Florida. |
341 | (c) To the extent allowed by law and within specific |
342 | appropriations, the department shall deliver services by |
343 | contract through private providers. |
344 | (5) SERVICE DISTRICTS.-- |
345 | (c) Each fiscal year the secretary shall, in consultation |
346 | with the relevant employee representatives, develop projections |
347 | of the number of child abuse and neglect cases and shall include |
348 | in the department's legislative budget request a specific |
349 | appropriation for funds and positions for the next fiscal year |
350 | in order to provide an adequate number of full-time equivalent: |
351 | 1. Child protection investigation workers so that |
352 | caseloads do not exceed the Child Welfare League Standards by |
353 | more than two cases; and |
354 | 2. Child protection case workers so that caseloads do not |
355 | exceed the Child Welfare League Standards by more than two |
356 | cases. |
357 | Section 9. Paragraph (b) of subsection (6) of section |
358 | 20.315, Florida Statutes, is amended to read: |
359 | 20.315 Department of Corrections.--There is created a |
360 | Department of Corrections. |
361 | (6) FLORIDA CORRECTIONS COMMISSION.-- |
362 | (b) The primary functions of the commission are to: |
363 | 1. Recommend major correctional policies for the |
364 | Governor's approval, and assure that approved policies and any |
365 | revisions thereto are properly executed. |
366 | 2. Periodically review the status of the state |
367 | correctional system and recommend improvements therein to the |
368 | Governor and the Legislature. |
369 | 3. Annually perform an in-depth review of community-based |
370 | intermediate sanctions and recommend to the Governor and the |
371 | Legislature intergovernmental approaches through the Community |
372 | Corrections Partnership Act for planning and implementing such |
373 | sanctions and programs. |
374 | 4. Perform an in-depth evaluation of the department's |
375 | annual budget request of the Department of Corrections, long- |
376 | range program plans and performance standards the comprehensive |
377 | correctional master plan, and the tentative construction program |
378 | for compliance with all applicable laws and established |
379 | departmental policies. The commission may not consider |
380 | individual construction projects, but shall consider methods of |
381 | accomplishing the department's goals in the most effective, |
382 | efficient, and businesslike manner. |
383 | 5. Routinely monitor the financial status of the |
384 | department of Corrections to assure that the department is |
385 | managing revenue and any applicable bond proceeds responsibly |
386 | and in accordance with law and established policy. |
387 | 6. Evaluate, at least quarterly, the efficiency, |
388 | productivity, and management of the department of Corrections, |
389 | using performance and production standards developed by the |
390 | department under former subsection (18). |
391 | 7. Provide public education on corrections and criminal |
392 | justice issues. |
393 | 8. Report to the President of the Senate, the Speaker of |
394 | the House of Representatives, and the Governor by November 1 of |
395 | each year. |
396 | 9. Resolve disputes between the department of Corrections |
397 | and the contractors for the private correctional facilities |
398 | entered into under chapter 957 when a contractor proposes to |
399 | waive a rule, policy, or procedure concerning operation |
400 | standards. |
401 | Section 10. Subsection (4) of section 20.316, Florida |
402 | Statutes, is amended to read: |
403 | 20.316 Department of Juvenile Justice.--There is created a |
404 | Department of Juvenile Justice. |
405 | (4) INFORMATION SYSTEMS.-- |
406 | (a) The Department of Juvenile Justice shall develop, in |
407 | consultation with the Criminal and Juvenile Justice Information |
408 | Systems Council under s. 943.08, a juvenile justice information |
409 | system which shall provide information concerning the |
410 | department's activities and programs. |
411 | (b) In establishing the computing and network |
412 | infrastructure for the development of the information system, |
413 | the department shall develop a system design to set the |
414 | direction for the information system. That design shall include |
415 | not only department system requirements but also data exchange |
416 | requirements of other state and local juvenile justice system |
417 | organizations. |
418 | (c) The department shall implement a distributed system |
419 | architecture which shall be defined in its agency strategic |
420 | plan. |
421 | (d) The management information system shall, at a minimum: |
422 | 1. Facilitate case management of juveniles referred to or |
423 | placed in the department's custody. |
424 | 2. Provide timely access to current data and computing |
425 | capacity to support outcome evaluation, legislative oversight, |
426 | the Juvenile Justice Estimating Conference, and other research. |
427 | 3. Provide automated support to the quality assurance and |
428 | program review functions. |
429 | 4. Provide automated support to the contract management |
430 | process. |
431 | 5. Provide automated support to the facility operations |
432 | management process. |
433 | 6. Provide automated administrative support to increase |
434 | efficiency, provide the capability of tracking expenditures of |
435 | funds by the department or contracted service providers that are |
436 | eligible for federal reimbursement, and reduce forms and |
437 | paperwork. |
438 | 7. Facilitate connectivity, access, and utilization of |
439 | information among various state agencies, and other state, |
440 | federal, local, and private agencies, organizations, and |
441 | institutions. |
442 | 8. Provide electronic public access to juvenile justice |
443 | information, which is not otherwise made confidential by law or |
444 | exempt from the provisions of s. 119.07(1). |
445 | 9. Provide a system for the training of information system |
446 | users and user groups. |
447 | (e) The department shall aggregate, on a quarterly and an |
448 | annual basis, the program information, demographic, program |
449 | utilization rate, and statistical data of the youth served into |
450 | a descriptive report and shall disseminate the quarterly and |
451 | annual reports to substantive committees of the House of |
452 | Representatives and the Senate. |
453 | (f) The department shall provide an annual report on the |
454 | juvenile justice information system to the Criminal and Juvenile |
455 | Justice Information Systems Council. The council shall review |
456 | and forward the report, along with its comments, to the |
457 | appropriate substantive and appropriations committees of the |
458 | House of Representatives and the Senate delineating the |
459 | development status of the system and other information necessary |
460 | for funding policy formulation. |
461 | (g) The department shall include in its annual budget |
462 | request a comprehensive summary of costs involved in the |
463 | establishment of the information system and cost savings |
464 | associated with its implementation. The budget request must also |
465 | include a complete inventory of staff, equipment, and facility |
466 | resources for development and maintenance of the system. |
467 | Section 11. Paragraph (l) of subsection (1) of section |
468 | 20.43, Florida Statutes, is amended to read: |
469 | 20.43 Department of Health.--There is created a Department |
470 | of Health. |
471 | (1) The purpose of the Department of Health is to promote |
472 | and protect the health of all residents and visitors in the |
473 | state through organized state and community efforts, including |
474 | cooperative agreements with counties. The department shall: |
475 | (l) Include in the department's long-range program |
476 | strategic plan developed under s. 186.021 an assessment of |
477 | current health programs, systems, and costs; projections of |
478 | future problems and opportunities; and recommended changes that |
479 | are needed in the health care system to improve the public |
480 | health. |
481 | Section 12. Subsections (7) and (8) of section 39.001, |
482 | Florida Statutes, are amended to read: |
483 | 39.001 Purposes and intent; personnel standards and |
484 | screening.-- |
485 | (7) PLAN FOR COMPREHENSIVE APPROACH.-- |
486 | (a) The department shall develop a comprehensive state |
487 | plan for the prevention of abuse, abandonment, and neglect of |
488 | children and shall submit the plan to the Governor and |
489 | Legislature Speaker of the House of Representatives, the |
490 | President of the Senate, and the Governor no later than June 30, |
491 | 2006 January 1, 1983. |
492 | 1. The departments Department of Education, and the |
493 | Division of Children's Medical Services Prevention and |
494 | Intervention of the Department of Health, Law Enforcement, and |
495 | Juvenile Justice, along with the Agency for Workforce Innovation |
496 | and the Agency for Persons with Disabilities, shall participate |
497 | and fully cooperate in the development of the state plan at both |
498 | the state and local levels. National-level and state-level |
499 | advocacy groups, especially as identified in federal prevention |
500 | initiatives or requirements, shall also be provided an |
501 | opportunity to participate. |
502 | 2. Furthermore, Appropriate local agencies and |
503 | organizations shall be provided an opportunity to participate at |
504 | the local level in the development of the state plan at the |
505 | local level. Appropriate local groups and organizations shall |
506 | include, but not be limited to, community alliances as described |
507 | in s. 20.19; community-based care lead agencies as described in |
508 | s. 409.1671; community mental health centers; guardian ad litem |
509 | programs for children and other court system entities under the |
510 | circuit court; the school boards of the local school districts; |
511 | the Florida local advocacy councils; private or public |
512 | organizations or programs with recognized expertise in working |
513 | with children who are sexually abused, physically abused, |
514 | emotionally abused, abandoned, or neglected and with expertise |
515 | in working with the families of such children; private or public |
516 | programs or organizations with expertise in maternal and infant |
517 | health care; multidisciplinary child protection teams; child day |
518 | care centers; and law enforcement agencies, and the circuit |
519 | courts, when guardian ad litem programs are not available in the |
520 | local area. The state plan to be provided to the Legislature and |
521 | the Governor shall include, as a minimum, the information |
522 | required of the various groups in paragraph (b). |
523 | (b) The development of the comprehensive state plan shall |
524 | be accomplished in the following manner: |
525 | 1. The department shall establish an interprogram task |
526 | force comprised of a designee from each of the department's |
527 | programs as listed in s. 20.19. Representatives from the |
528 | agencies listed in subparagraph (a)1. the Program Director for |
529 | Family Safety, or a designee, a representative from the Child |
530 | Care Services Program Office, a representative from the Family |
531 | Safety Program Office, a representative from the Mental Health |
532 | Program Office, a representative from the Substance Abuse |
533 | Program Office, a representative from the Developmental |
534 | Disabilities Program Office, and a representative from the |
535 | Division of Children's Medical Services Prevention and |
536 | Intervention of the Department of Health. Representatives of the |
537 | Department of Law Enforcement and of the Department of Education |
538 | shall serve as ex officio members of the interprogram task |
539 | force. The interprogram task force shall be responsible for: |
540 | 1.a. Developing a plan of action for better coordination |
541 | and integration of the goals, activities, and funding pertaining |
542 | to the prevention of child abuse, abandonment, and neglect |
543 | conducted by the department in order to maximize staff and |
544 | resources at the state level. The plan of action shall be |
545 | included in the state plan. |
546 | 2.b. Providing a schedule and basic format for to be |
547 | utilized by the districts in the preparation of local plans of |
548 | action in order to provide for uniformity in the development of |
549 | local district plans and to provide for greater ease in |
550 | compiling information for the state plan. |
551 | 3.c. Providing the districts with technical assistance in |
552 | the development of local plans of action, if requested. |
553 | 4.d. Examining the local plans to determine if all the |
554 | requirements of the local plans have been met and, if they have |
555 | not, working with local entities to obtain the needed |
556 | information informing the districts of the deficiencies and |
557 | requesting the additional information needed. |
558 | 5.e. Preparing the comprehensive state plan for submission |
559 | to the Legislature and the Governor. Such preparation shall |
560 | include the collapsing of information obtained from the local |
561 | plans, the cooperative plans with the Department of Education, |
562 | and the plan of action for coordination and integration of |
563 | departmental activities into one comprehensive plan. The |
564 | comprehensive plan shall include a section reflecting general |
565 | conditions and needs, an analysis of variations based on |
566 | population or geographic areas, identified problems, and |
567 | recommendations for change. In essence, the plan shall provide |
568 | an analysis and summary of each element of the local plans to |
569 | provide a statewide perspective. The plan shall also include |
570 | each separate local plan of action. |
571 | 6.f. Working with the appropriate specified state agency |
572 | in fulfilling the requirements of paragraphs (d), (e), and (f) |
573 | subparagraphs 2., 3., 4., and 5. |
574 | (c) The comprehensive state plan shall contain the |
575 | following elements: |
576 | 1. A section reflecting general conditions and needs. |
577 | 2. An analysis of variations based on population or |
578 | geographic areas. |
579 | 3. Performance expectations and gaps. |
580 | 4. Recommendations for performance improvement. |
581 | 5. Resource and funding strategies related to unmet needs. |
582 | 6. A summary or crosswalk of the planning and performance |
583 | requirements from relevant federal funding sources for the |
584 | prevention of child abuse and neglect. |
585 | 7. Each separate plan identified in paragraphs (d), (e), |
586 | and (f). |
587 | 2. The department, the Department of Education, and the |
588 | Department of Health shall work together in developing ways to |
589 | inform and instruct parents of school children and appropriate |
590 | district school personnel in all school districts in the |
591 | detection of child abuse, abandonment, and neglect and in the |
592 | proper action that should be taken in a suspected case of child |
593 | abuse, abandonment, or neglect, and in caring for a child's |
594 | needs after a report is made. The plan for accomplishing this |
595 | end shall be included in the state plan. |
596 | (d)3. The department, and appropriate task members the |
597 | Department of Law Enforcement, and the Department of Health |
598 | shall work together in developing a plan for informing and |
599 | instructing ways to inform and instruct appropriate |
600 | professionals local law enforcement personnel in the detection |
601 | of child abuse, abandonment, and neglect; and in the proper |
602 | actions action that should be taken in a suspected case of child |
603 | abuse, abandonment, or neglect; and in supporting subsequent |
604 | action by the department or other responsible party for child |
605 | protection. Appropriate professionals include, but are not |
606 | limited to, the reporters listed in s. 39.201(1)(b). |
607 | (e)4. Within existing appropriations, The department shall |
608 | work with other appropriate public and private agencies to |
609 | develop a plan for educating emphasize efforts to educate the |
610 | general public about the problem of and ways to detect child |
611 | abuse, abandonment, and neglect and in the proper action that |
612 | should be taken in a suspected case of child abuse, abandonment, |
613 | or neglect. The plan for accomplishing this end shall be |
614 | included in the state plan. |
615 | 5. The department, the Department of Education, and the |
616 | Department of Health shall work together on the enhancement or |
617 | adaptation of curriculum materials to assist instructional |
618 | personnel in providing instruction through a multidisciplinary |
619 | approach on the identification, intervention, and prevention of |
620 | child abuse, abandonment, and neglect. The curriculum materials |
621 | shall be geared toward a sequential program of instruction at |
622 | the four progressional levels, K-3, 4-6, 7-9, and 10-12. |
623 | Strategies for encouraging all school districts to utilize the |
624 | curriculum are to be included in the comprehensive state plan |
625 | for the prevention of child abuse, abandonment, and neglect. |
626 | (f)6. Each district of The department shall facilitate the |
627 | development of local plans develop a plan for their local its |
628 | specific geographical area. Plans The plan developed at the |
629 | local district level shall be used by submitted to the |
630 | interprogram task force for utilization in preparing the state |
631 | comprehensive plan. The district local plan of action shall be |
632 | prepared with the involvement and assistance of the local |
633 | agencies and organizations listed in paragraph (a), as well as |
634 | representatives from those departmental district offices |
635 | participating in the treatment and prevention of child abuse, |
636 | abandonment, and neglect. In order to accomplish this, the |
637 | district administrator in each district shall establish a task |
638 | force on the prevention of child abuse, abandonment, and |
639 | neglect. The district administrator shall appoint the members of |
640 | the task force in accordance with the membership requirements of |
641 | this section. In addition, the district administrator shall |
642 | ensure that each subdistrict is represented on the task force; |
643 | and, if the district does not have subdistricts, the district |
644 | administrator shall ensure that both urban and rural areas are |
645 | represented on the task force. The task force shall develop a |
646 | written statement clearly identifying its operating procedures, |
647 | purpose, overall responsibilities, and method of meeting |
648 | responsibilities. |
649 | (g) Each local plan The district plan of action to be |
650 | prepared by the task force shall include, but shall not be |
651 | limited to: |
652 | 1.a. Documentation of the incidence magnitude of the |
653 | problems of child abuse, including sexual abuse, physical abuse, |
654 | and emotional abuse, and child abandonment, and neglect in its |
655 | geographical area. Documentation shall include, at a minimum, a |
656 | summary of information derived from the department's official |
657 | data source, HomeSafeNet. |
658 | 2.b. A description of programs and services currently |
659 | serving abused, abandoned, and neglected children and their |
660 | families and a description of programs for the prevention of |
661 | child abuse, abandonment, and neglect, including information on |
662 | the impact, cost-effectiveness, and sources of funding of such |
663 | programs and services. |
664 | 3.c. A description of local models for a continuum of |
665 | programs and services necessary for a comprehensive approach to |
666 | the prevention of all types of child abuse, abandonment, and |
667 | neglect as well as a brief description of such programs and |
668 | services. |
669 | 4.d. A description, documentation, and priority ranking of |
670 | local unmet needs related to child abuse, abandonment, and |
671 | neglect prevention based upon the current programs and a model |
672 | continuum of programs and services. |
673 | 5.e. A plan for steps to be taken in meeting identified |
674 | needs, including the coordination and integration of services to |
675 | avoid unnecessary duplication and cost, and for alternative |
676 | funding strategies for meeting needs through the reallocation of |
677 | existing resources, utilization of volunteers, contracting with |
678 | local universities for services, and local government or private |
679 | agency funding. |
680 | 6.f. A description of barriers to the accomplishment of a |
681 | comprehensive approach to the prevention of child abuse, |
682 | abandonment, and neglect. |
683 | 7.g. Recommendations for actions changes that can be |
684 | accomplished only at the state program level or by legislative |
685 | action. |
686 | (8) FUNDING AND SUBSEQUENT PLANS.-- |
687 | (a) The department's long-range program plans and |
688 | legislative budget requests All budget requests submitted by the |
689 | department, the Department of Health, the Department of |
690 | Education, or any other agency to the Legislature for funding of |
691 | efforts for the prevention of child abuse, abandonment, and |
692 | neglect shall be based on and consistent with the most recent |
693 | state comprehensive plan and updates developed pursuant to this |
694 | section. |
695 | (b) The department at the state and district levels and |
696 | the other agencies listed in paragraph (7)(a) shall review and |
697 | update the plan annually readdress the plan and make necessary |
698 | revisions every 5 years, at a minimum. Such updates revisions |
699 | shall be submitted to the Governor and Legislature Speaker of |
700 | the House of Representatives and the President of the Senate no |
701 | later than June 30 of each year divisible by 5. Annual review |
702 | and updates shall include progress and performance reporting An |
703 | annual progress report shall be submitted to update the plan in |
704 | the years between the 5-year intervals. In order to avoid |
705 | duplication of effort, these required plans may be made a part |
706 | of or merged with other plans required by either the state or |
707 | Federal Government, so long as the portions of the other state |
708 | or Federal Government plan that constitute the state plan for |
709 | the prevention of child abuse, abandonment, and neglect are |
710 | clearly identified as such and are provided to the Speaker of |
711 | the House of Representatives and the President of the Senate as |
712 | required above. |
713 | Section 13. Subsection (3) of section 39.3065, Florida |
714 | Statutes, is amended to read: |
715 | 39.3065 Sheriffs of certain counties to provide child |
716 | protective investigative services; procedures; funding.-- |
717 | (3)(a) Beginning in fiscal year 1999-2000, the sheriffs of |
718 | Pasco County, Manatee County, Broward County, and Pinellas |
719 | County have the responsibility to provide all child protective |
720 | investigations in their respective counties. Beginning in fiscal |
721 | year 2000-2001, the Department of Children and Family Services |
722 | is authorized to enter into grant agreements with sheriffs of |
723 | other counties to perform child protective investigations in |
724 | their respective counties. |
725 | (b) The sheriffs shall operate, at a minimum, in |
726 | accordance with the performance standards and outcome measures |
727 | established by the Legislature for protective investigations |
728 | conducted by the Department of Children and Family Services. |
729 | Each individual who provides these services must complete, at a |
730 | minimum, the training provided to and required of protective |
731 | investigators employed by the Department of Children and Family |
732 | Services. |
733 | (c) Funds for providing child protective investigations |
734 | must be identified in the annual appropriation made to the |
735 | Department of Children and Family Services, which shall award |
736 | grants for the full amount identified to the respective |
737 | sheriffs' offices. Notwithstanding the provisions of ss. |
738 | 216.181(16)(b) and 216.351, the Department of Children and |
739 | Family Services may advance payments to the sheriffs for child |
740 | protective investigations. Funds for the child protective |
741 | investigations may not be integrated into the sheriffs' regular |
742 | budgets. Budgetary data and other data relating to the |
743 | performance of child protective investigations must be |
744 | maintained separately from all other records of the sheriffs' |
745 | offices and reported to the Department of Children and Family |
746 | Services as specified in the grant agreement. |
747 | (d) Program performance evaluation shall be based on |
748 | criteria mutually agreed upon by the respective sheriffs and the |
749 | Department of Children and Family Services. The program |
750 | performance evaluation shall be conducted by a team of peer |
751 | reviewers from the respective sheriffs' offices that perform |
752 | child protective investigations and representatives from the |
753 | department. The Department of Children and Family Services shall |
754 | submit an annual report regarding quality performance, outcome- |
755 | measure attainment, and cost efficiency to the President of the |
756 | Senate, the Speaker of the House of Representatives, and to the |
757 | Governor no later than January 31 of each year the sheriffs are |
758 | receiving general appropriations to provide child protective |
759 | investigations. |
760 | Section 14. Paragraph (h) of subsection (2) of section |
761 | 39.4086, Florida Statutes, is amended to read: |
762 | 39.4086 Pilot program for attorneys ad litem for dependent |
763 | children.-- |
764 | (2) RESPONSIBILITIES.-- |
765 | (h) The Statewide Guardian Ad Litem Office of the State |
766 | Courts Administrator shall conduct research and gather |
767 | statistical information to evaluate the establishment, |
768 | operation, and impact of the pilot program in meeting the legal |
769 | needs of dependent children. In assessing the effects of the |
770 | pilot program, including achievement of outcomes identified |
771 | under paragraph (b), the evaluation must include a comparison of |
772 | children within the Ninth Judicial Circuit who are appointed an |
773 | attorney ad litem with those who are not. The office shall |
774 | submit a report to the Legislature and the Governor by October |
775 | 1, 2001, and by October 1, 2002, regarding its findings. The |
776 | office shall submit a final report by October 1, 2003, which |
777 | must include an evaluation of the pilot program; findings on the |
778 | feasibility of a statewide program; and recommendations, if any, |
779 | for locating, establishing, and operating a statewide program. |
780 | Section 15. Subsection (5) of section 39.523, Florida |
781 | Statutes, is amended to read: |
782 | 39.523 Placement in residential group care.-- |
783 | (5)(a) By December 1 of each year, the department shall |
784 | report to the Legislature on the placement of children in |
785 | licensed residential group care during the year, including the |
786 | criteria used to determine the placement of children, the number |
787 | of children who were evaluated for placement, the number of |
788 | children who were placed based upon the evaluation, and the |
789 | number of children who were not placed. The department shall |
790 | maintain data specifying the number of children who were |
791 | referred to licensed residential child care for whom placement |
792 | was unavailable and the counties in which such placement was |
793 | unavailable. The department shall include this data in its |
794 | report to the Legislature due on December 1, so that the |
795 | Legislature may consider this information in developing the |
796 | General Appropriations Act. |
797 | (b) As part of the report required in paragraph (a), the |
798 | department shall also provide a detailed account of the |
799 | expenditures incurred for "Special Categories: Grants and |
800 | Aids--Specialized Residential Group Care Services" for the |
801 | fiscal year immediately preceding the date of the report. This |
802 | section of the report must include whatever supporting data is |
803 | necessary to demonstrate full compliance with paragraph (6)(c). |
804 | The document must present the information by district and must |
805 | specify, at a minimum, the number of additional beds, the |
806 | average rate per bed, the number of additional persons served, |
807 | and a description of the enhanced and expanded services |
808 | provided. |
809 | Section 16. Subsections (1) and (3) of section 98.255, |
810 | Florida Statutes, are amended to read: |
811 | 98.255 Voter education programs.-- |
812 | (1) By March 1, 2002, The Department of State shall adopt |
813 | rules prescribing minimum standards for nonpartisan voter |
814 | education. In developing the rules, the department shall review |
815 | current voter education programs within each county of the |
816 | state. The standards shall address, but are not limited to, the |
817 | following subjects: |
818 | (a) Voter registration; |
819 | (b) Balloting procedures, absentee and polling place; |
820 | (c) Voter rights and responsibilities; |
821 | (d) Distribution of sample ballots; and |
822 | (e) Public service announcements. |
823 | (3)(a) By December 15 of each general election year, each |
824 | supervisor of elections shall report to the Department of State |
825 | a detailed description of the voter education programs |
826 | implemented and any other information that may be useful in |
827 | evaluating the effectiveness of voter education efforts. |
828 | (b) The Department of State, upon receipt of such |
829 | information, shall prepare a public report on the effectiveness |
830 | of voter education programs and shall submit the report to the |
831 | Governor, the President of the Senate, and the Speaker of the |
832 | House of Representatives by January 31 of each year following a |
833 | general election. |
834 | (c) The Department of State shall reexamine the rules |
835 | adopted pursuant to subsection (1) and consider the findings in |
836 | these reports the report as a basis for adopting modified rules |
837 | that incorporate successful voter education programs and |
838 | techniques, as necessary. |
839 | Section 17. Subsection (10) of section 106.22, Florida |
840 | Statutes, is amended to read: |
841 | 106.22 Duties of the Division of Elections.--It is the |
842 | duty of the Division of Elections to: |
843 | (10) Make an annual report to the President of the Senate |
844 | and the Speaker of the House of Representatives concerning |
845 | activities of the division and recommending improvements in the |
846 | election code. |
847 | Section 18. Subsection (6) of section 106.24, Florida |
848 | Statutes, is amended to read: |
849 | 106.24 Florida Elections Commission; membership; powers; |
850 | duties.-- |
851 | (6) There is hereby established in the State Treasury an |
852 | Elections Commission Trust Fund to be used utilized by the |
853 | Division of Elections and the Florida Elections Commission in |
854 | order to carry out their duties pursuant to ss. 106.24-106.28. |
855 | The trust fund may also be used by the division, pursuant to its |
856 | authority under s. 106.22(10)(11), to provide rewards for |
857 | information leading to criminal convictions related to voter |
858 | registration fraud, voter fraud, and vote scams. |
859 | Section 19. Paragraph (a) of subsection (7) of section |
860 | 110.1227, Florida Statutes, is amended to read: |
861 | 110.1227 Florida Employee Long-Term-Care Plan Act.-- |
862 | (7) The board of directors of the Florida Long-Term-Care |
863 | Plan shall: |
864 | (a) Upon implementation, prepare an annual report of the |
865 | plan, with the assistance of an actuarial consultant, to be |
866 | submitted to the Speaker of the House of Representatives, the |
867 | President of the Senate, the Governor and Legislature, and the |
868 | Minority Leaders of the Senate and the House of Representatives. |
869 | Section 20. Subsection (9) of section 120.542, Florida |
870 | Statutes, is amended to read: |
871 | 120.542 Variances and waivers.-- |
872 | (9) Each agency shall maintain a record of the type and |
873 | disposition of each petition, including temporary or emergency |
874 | variances and waivers, filed pursuant to this section. On |
875 | October 1 of each year, each agency shall file a report with the |
876 | Governor, the President of the Senate, and the Speaker of the |
877 | House of Representatives listing the number of petitions filed |
878 | requesting variances to each agency rule, the number of |
879 | petitions filed requesting waivers to each agency rule, and the |
880 | disposition of all petitions. Temporary or emergency variances |
881 | and waivers, and the reasons for granting or denying temporary |
882 | or emergency variances and waivers, shall be identified |
883 | separately from other waivers and variances. |
884 | Section 21. Subsection (3) of section 120.60, Florida |
885 | Statutes, is amended to read: |
886 | 120.60 Licensing.-- |
887 | (3) Each applicant shall be given written notice either |
888 | personally or by mail that the agency intends to grant or deny, |
889 | or has granted or denied, the application for license. The |
890 | notice must state with particularity the grounds or basis for |
891 | the issuance or denial of the license, except when issuance is a |
892 | ministerial act. Unless waived, a copy of the notice shall be |
893 | delivered or mailed to each party's attorney of record and to |
894 | each person who has requested notice of agency action. Each |
895 | notice shall inform the recipient of the basis for the agency |
896 | decision, shall inform the recipient of any administrative |
897 | hearing pursuant to ss. 120.569 and 120.57 or judicial review |
898 | pursuant to s. 120.68 which may be available, shall indicate the |
899 | procedure that which must be followed, and shall state the |
900 | applicable time limits. The issuing agency shall certify the |
901 | date the notice was mailed or delivered, and the notice and the |
902 | certification shall be filed with the agency clerk. |
903 | Section 22. Subsection (2) of section 120.695, Florida |
904 | Statutes, is amended to read: |
905 | 120.695 Notice of noncompliance.-- |
906 | (2)(a) Each agency shall issue a notice of noncompliance |
907 | as a first response to a minor violation of a rule. A "notice of |
908 | noncompliance" is a notification by the agency charged with |
909 | enforcing the rule issued to the person or business subject to |
910 | the rule. A notice of noncompliance may not be accompanied with |
911 | a fine or other disciplinary penalty. It must identify the |
912 | specific rule that is being violated, provide information on how |
913 | to comply with the rule, and specify a reasonable time for the |
914 | violator to comply with the rule. A rule is agency action that |
915 | regulates a business, occupation, or profession, or regulates a |
916 | person operating a business, occupation, or profession, and |
917 | that, if not complied with, may result in a disciplinary |
918 | penalty. |
919 | (a)(b) Each agency shall review all of its rules and |
920 | designate those rules for which a violation would be a minor |
921 | violation and for which a notice of noncompliance must be the |
922 | first enforcement action taken against a person or business |
923 | subject to regulation. A violation of a rule is a minor |
924 | violation if it does not result in economic or physical harm to |
925 | a person or adversely affect the public health, safety, or |
926 | welfare or create a significant threat of such harm. If an |
927 | agency under the direction of a cabinet officer mails to each |
928 | licensee a notice of the designated rules at the time of |
929 | licensure and at least annually thereafter, the provisions of |
930 | this subsection paragraph (a) may be exercised at the discretion |
931 | of the agency. Such notice shall include a subject-matter index |
932 | of the rules and information on how the rules may be obtained. |
933 | (c) The agency's review and designation must be completed |
934 | by December 1, 1995; each agency under the direction of the |
935 | Governor shall make a report to the Governor, and each agency |
936 | under the joint direction of the Governor and Cabinet shall |
937 | report to the Governor and Cabinet by January 1, 1996, on which |
938 | of its rules have been designated as rules the violation of |
939 | which would be a minor violation. |
940 | (b)(d) The Governor or the Governor and Cabinet, as |
941 | appropriate pursuant to paragraph (c), may evaluate the rule |
942 | review and designation effects of each agency and may apply a |
943 | different designation than that applied by the agency. |
944 | (3)(e) This section does not apply to the regulation of |
945 | law enforcement personnel or teachers. |
946 | (4)(f) Rule designation pursuant to this section is not |
947 | subject to challenge under this chapter. |
948 | Section 23. Section 120.74, Florida Statutes, is amended |
949 | to read: |
950 | 120.74 Agency review, revision, and report.-- |
951 | (1) Each agency shall review and revise its rules as often |
952 | as necessary to ensure that its rules are correct and comply |
953 | with statutory requirements. |
954 | (2) Additionally, each agency shall perform a formal |
955 | review of its rules every 2 years. In the review, each agency |
956 | must: |
957 | (a) Identify and correct deficiencies in its rules; |
958 | (b) Clarify and simplify its rules; |
959 | (c) Delete obsolete or unnecessary rules; |
960 | (d) Delete rules that are redundant of statutes; |
961 | (e) Seek to improve efficiency, reduce paperwork, or |
962 | decrease costs to government and the private sector; and |
963 | (f) Contact agencies that have concurrent or overlapping |
964 | jurisdiction to determine whether their rules can be coordinated |
965 | to promote efficiency, reduce paperwork, or decrease costs to |
966 | government and the private sector. |
967 | (2) Beginning October 1, 1997, and by October 1 of every |
968 | other year thereafter, the head of each agency shall file a |
969 | report with the President of the Senate and the Speaker of the |
970 | House of Representatives, with a copy to each appropriate |
971 | standing committee of the Legislature, which certifies that the |
972 | agency has complied with the requirements of this subsection. |
973 | The report must specify any changes made to its rules as a |
974 | result of the review and, when appropriate, recommend statutory |
975 | changes that will promote efficiency, reduce paperwork, or |
976 | decrease costs to government and the private sector. |
977 | Section 24. Subsection (3) of section 121.45, Florida |
978 | Statutes, is amended to read: |
979 | 121.45 Interstate compacts relating to pension |
980 | portability.-- |
981 | (3) ESTABLISHMENT OF COMPACTS.-- |
982 | (a) The Department of Management Services is authorized |
983 | and directed to survey other state retirement systems to |
984 | determine if such retirement systems are interested in |
985 | developing an interstate compact with Florida. |
986 | (b) If any such state is interested in pursuing the |
987 | matter, the department shall confer with the other state and the |
988 | consulting actuaries of both states, and shall present its |
989 | findings to the committees having jurisdiction over retirement |
990 | matters in the Legislature, and to representatives of affected |
991 | certified bargaining units, in order to determine the |
992 | feasibility of developing a portability compact, what groups |
993 | should be covered, and the goals and priorities which should |
994 | guide such development. |
995 | (c) Upon a determination that such a compact is feasible |
996 | and upon request of the Legislature, the department, together |
997 | with its consulting actuaries, shall, in accordance with said |
998 | goals and priorities, develop a proposal under which retirement |
999 | credit may be transferred to or from Florida in an actuarially |
1000 | sound manner, which proposal shall be presented to the Governor |
1001 | and Legislature for consideration. |
1002 | (d) Once a proposal has been developed, the department |
1003 | shall contract with its consulting actuaries to conduct an |
1004 | actuarial study of the proposal to determine the cost to the |
1005 | Florida Retirement System Trust Fund and the State of Florida. |
1006 | (e) After the actuarial study has been completed, the |
1007 | department shall present its findings and the actuarial study to |
1008 | the Legislature for consideration. If either house of the |
1009 | Legislature elects to enter into such a compact, it shall be |
1010 | introduced in the form of a proposed committee bill to the full |
1011 | Legislature during the same or next regular session. |
1012 | Section 25. Section 153.952, Florida Statutes, is |
1013 | repealed. |
1014 | Section 26. Subsections (3), (5), (9), (11), and (16), |
1015 | paragraphs (b) and (d) of subsection (6), paragraphs (a) and (b) |
1016 | of subsection (12), and paragraphs (a) and (b) of subsection |
1017 | (13) of section 161.053, Florida Statutes, are amended to read: |
1018 | 161.053 Coastal construction and excavation; regulation on |
1019 | county basis.-- |
1020 | (3) It is the intent of the Legislature that any coastal |
1021 | construction control line that has not been updated since June |
1022 | 30, 1980, shall be considered a critical priority for |
1023 | reestablishment by the department. In keeping with this intent, |
1024 | the department shall notify the Legislature if all such lines |
1025 | cannot be reestablished by December 31, 1997, so that the |
1026 | Legislature may subsequently consider interim lines of |
1027 | jurisdiction for the remaining counties. |
1028 | (4)(5) Except in those areas where local zoning and |
1029 | building codes have been established pursuant to subsection |
1030 | (3)(4), a permit to alter, excavate, or construct on property |
1031 | seaward of established coastal construction control lines may be |
1032 | granted by the department as follows: |
1033 | (a) The department may authorize an excavation or erection |
1034 | of a structure at any coastal location as described in |
1035 | subsection (1) upon receipt of an application from a property |
1036 | and/or riparian owner and upon the consideration of facts and |
1037 | circumstances, including: |
1038 | 1. Adequate engineering data concerning shoreline |
1039 | stability and storm tides related to shoreline topography; |
1040 | 2. Design features of the proposed structures or |
1041 | activities; and |
1042 | 3. Potential impacts of the location of such structures or |
1043 | activities, including potential cumulative effects of any |
1044 | proposed structures or activities upon such beach-dune system, |
1045 | which, in the opinion of the department, clearly justify such a |
1046 | permit. |
1047 | (b) If in the immediate contiguous or adjacent area a |
1048 | number of existing structures have established a reasonably |
1049 | continuous and uniform construction line closer to the line of |
1050 | mean high water than the foregoing, and if the existing |
1051 | structures have not been unduly affected by erosion, a proposed |
1052 | structure may, at the discretion of the department, be permitted |
1053 | along such line on written authorization from the department if |
1054 | such structure is also approved by the department. However, the |
1055 | department shall not contravene setback requirements or zoning |
1056 | or building codes established by a county or municipality which |
1057 | are equal to, or more strict than, those requirements provided |
1058 | herein. This paragraph does not prohibit the department from |
1059 | requiring structures to meet design and siting criteria |
1060 | established in paragraph (a) or in subsection (1) or subsection |
1061 | (2). |
1062 | (c) The department may condition the nature, timing, and |
1063 | sequence of construction of permitted activities to provide |
1064 | protection to nesting sea turtles and hatchlings and their |
1065 | habitat, pursuant to s. 370.12, and to native salt-resistant |
1066 | vegetation and endangered plant communities. |
1067 | (d) The department may require such engineer |
1068 | certifications as necessary to assure the adequacy of the design |
1069 | and construction of permitted projects. |
1070 | (e) The department shall limit the construction of |
1071 | structures which interfere with public access along the beach. |
1072 | However, the department may require, as a condition to granting |
1073 | permits, the provision of alternative access when interference |
1074 | with public access along the beach is unavoidable. The width of |
1075 | such alternate access may not be required to exceed the width of |
1076 | the access that will be obstructed as a result of the permit |
1077 | being granted. |
1078 | (f) The department may, as a condition to the granting of |
1079 | a permit under this section, require mitigation, financial, or |
1080 | other assurances acceptable to the department as may be |
1081 | necessary to assure performance of conditions of a permit or |
1082 | enter into contractual agreements to best assure compliance with |
1083 | any permit conditions. The department may also require notice of |
1084 | the permit conditions required and the contractual agreements |
1085 | entered into pursuant to the provisions of this subsection to be |
1086 | filed in the public records of the county in which the permitted |
1087 | activity is located. |
1088 | (5)(6) |
1089 | (b) After October 1, 1985, and notwithstanding any other |
1090 | provision of this part, the department, or a local government to |
1091 | which the department has delegated permitting authority pursuant |
1092 | to subsections (3)(4) and (15)(16), shall not issue any permit |
1093 | for any structure, other than a coastal or shore protection |
1094 | structure, minor structure, or pier, meeting the requirements of |
1095 | this part, or other than intake and discharge structures for a |
1096 | facility sited pursuant to part II of chapter 403, which is |
1097 | proposed for a location which, based on the department's |
1098 | projections of erosion in the area, will be seaward of the |
1099 | seasonal high-water line within 30 years after the date of |
1100 | application for such permit. The procedures for determining such |
1101 | erosion shall be established by rule. In determining the area |
1102 | which will be seaward of the seasonal high-water line in 30 |
1103 | years, the department shall not include any areas landward of a |
1104 | coastal construction control line. |
1105 | (d) In determining the land areas which will be below the |
1106 | seasonal high-water line within 30 years after the permit |
1107 | application date, the department shall consider the impact on |
1108 | the erosion rates of an existing beach nourishment or |
1109 | restoration project or of a beach nourishment or restoration |
1110 | project for which all funding arrangements have been made and |
1111 | all permits have been issued at the time the application is |
1112 | submitted. The department shall consider each year there is sand |
1113 | seaward of the erosion control line that no erosion took place |
1114 | that year. However, the seaward extent of the beach nourishment |
1115 | or restoration project beyond the erosion control line shall not |
1116 | be considered in determining the applicable erosion rates. |
1117 | Nothing in this subsection shall prohibit the department from |
1118 | requiring structures to meet criteria established in subsection |
1119 | (1), subsection (2), or subsection (4)(5) or to be further |
1120 | landward than required by this subsection based on the criteria |
1121 | established in subsection (1), subsection (2), or subsection |
1122 | (4)(5). |
1123 | (8)(9) The provisions of this section do not apply to |
1124 | structures intended for shore protection purposes which are |
1125 | regulated by s. 161.041 or to structures existing or under |
1126 | construction prior to the establishment of the coastal |
1127 | construction control line as provided herein, provided such |
1128 | structures may not be materially altered except as provided in |
1129 | subsection (4)(5). Except for structures that have been |
1130 | materially altered, structures determined to be under |
1131 | construction at the time of the establishment or reestablishment |
1132 | of the coastal construction control line shall be exempt from |
1133 | the provisions of this section. However, unless such an |
1134 | exemption has been judicially confirmed to exist prior to April |
1135 | 10, 1992, the exemption shall last only for a period of 3 years |
1136 | from either the date of the determination of the exemption or |
1137 | April 10, 1992, whichever occurs later. The department may |
1138 | extend the exemption period for structures that require longer |
1139 | periods for completion of their construction, provided that |
1140 | construction during the initial exemption period has been |
1141 | continuous. For purposes of this subsection, "continuous" means |
1142 | following a reasonable sequence of construction without |
1143 | significant or unreasonable periods of work stoppage. |
1144 | (10)(11) Pending the establishment of coastal construction |
1145 | control lines as provided herein, the provisions of s. 161.052 |
1146 | shall remain in force. However, upon the establishment of |
1147 | coastal construction control lines, or the establishment of |
1148 | coastal construction zoning and building codes as provided in |
1149 | subsection (3)(4), the provisions of s. 161.052 shall be |
1150 | superseded by the provisions of this section. |
1151 | (11)(12)(a) The coastal construction control requirements |
1152 | defined in subsection (1) and the requirements of the erosion |
1153 | projections pursuant to subsection (5)(6) do not apply to any |
1154 | modification, maintenance, or repair to any existing structure |
1155 | within the limits of the existing foundation which does not |
1156 | require, involve, or include any additions to, or repair or |
1157 | modification of, the existing foundation of that structure. |
1158 | Specifically excluded from this exemption are seawalls or other |
1159 | rigid coastal or shore protection structures and any additions |
1160 | or enclosures added, constructed, or installed below the first |
1161 | dwelling floor or lowest deck of the existing structure. |
1162 | (b) Activities seaward of the coastal construction control |
1163 | line which are determined by the department not to cause a |
1164 | measurable interference with the natural functioning of the |
1165 | coastal system are exempt from the requirements in subsection |
1166 | (4)(5). |
1167 | (12)(13)(a) Notwithstanding the coastal construction |
1168 | control requirements defined in subsection (1) or the erosion |
1169 | projection determined pursuant to subsection (5)(6), the |
1170 | department may, at its discretion, issue a permit for the repair |
1171 | or rebuilding within the confines of the original foundation of |
1172 | a major structure pursuant to the provisions of subsection |
1173 | (4)(5). Alternatively, the department may also, at its |
1174 | discretion, issue a permit for a more landward relocation or |
1175 | rebuilding of a damaged or existing structure if such relocation |
1176 | or rebuilding would not cause further harm to the beach-dune |
1177 | system, and if, in the case of rebuilding, such rebuilding |
1178 | complies with the provisions of subsection (4)(5), and otherwise |
1179 | complies with the provisions of this subsection. |
1180 | (b) Under no circumstances shall the department permit |
1181 | such repairs or rebuilding that expand the capacity of the |
1182 | original structure seaward of the 30-year erosion projection |
1183 | established pursuant to subsection (5)(6). |
1184 | (15)(16) In keeping with the intent of subsection (3)(4), |
1185 | and at the discretion of the department, authority for |
1186 | permitting certain types of activities which have been defined |
1187 | by the department may be delegated by the department to a |
1188 | coastal county or coastal municipality. Such partial delegation |
1189 | shall be narrowly construed to those particular activities |
1190 | specifically named in the delegation and agreed to by the |
1191 | affected county or municipality, and the delegation may be |
1192 | revoked by the department at any time if it is determined that |
1193 | the delegation is improperly or inadequately administered. |
1194 | Section 27. Paragraph (g) of subsection (1) of section |
1195 | 370.12, Florida Statutes, is amended to read: |
1196 | 370.12 Marine animals; regulation.-- |
1197 | (1) PROTECTION OF MARINE TURTLES.-- |
1198 | (g) The Department of Environmental Protection may |
1199 | condition the nature, timing, and sequence of construction of |
1200 | permitted activities to provide protection to nesting marine |
1201 | turtles and hatchlings and their habitat pursuant to the |
1202 | provisions of s. 161.053(4)(5). When the department is |
1203 | considering a permit for a beach restoration, beach |
1204 | renourishment, or inlet sand transfer project and the applicant |
1205 | has had an active marine turtle nest relocation program or the |
1206 | applicant has agreed to and has the ability to administer a |
1207 | program, the department must not restrict the timing of the |
1208 | project. Where appropriate, the department, in accordance with |
1209 | the applicable rules of the Fish and Wildlife Conservation |
1210 | Commission, shall require as a condition of the permit that the |
1211 | applicant relocate and monitor all turtle nests that would be |
1212 | affected by the beach restoration, beach renourishment, or sand |
1213 | transfer activities. Such relocation and monitoring activities |
1214 | shall be conducted in a manner that ensures successful hatching. |
1215 | This limitation on the department's authority applies only on |
1216 | the Atlantic coast of Florida. |
1217 | Section 28. Subsection (2) of section 161.161, Florida |
1218 | Statutes, is amended to read: |
1219 | 161.161 Procedure for approval of projects.-- |
1220 | (2) Annually Upon approval of the beach management plan, |
1221 | the secretary shall present to the Legislature President of the |
1222 | Senate, the Speaker of the House of Representatives, and the |
1223 | chairs of the legislative appropriations committees |
1224 | recommendations for funding of beach erosion control projects |
1225 | prioritized according to the. Such recommendations shall be |
1226 | presented to such members of the Legislature in the priority |
1227 | order specified in the plan and established pursuant to criteria |
1228 | established contained in s. 161.101(14). |
1229 | Section 29. Section 163.2526, Florida Statutes, is |
1230 | repealed. |
1231 | Section 30. Subsection (2) of section 163.3167, Florida |
1232 | Statutes, is amended to read: |
1233 | 163.3167 Scope of act.-- |
1234 | (2) Each local government shall prepare a comprehensive |
1235 | plan of the type and in the manner set out in this act or shall |
1236 | prepare amendments to its existing comprehensive plan to conform |
1237 | it to the requirements of this part in the manner set out in |
1238 | this part. Each local government, in accordance with the |
1239 | procedures in s. 163.3184, shall submit its complete proposed |
1240 | comprehensive plan or its complete comprehensive plan as |
1241 | proposed to be amended to the state land planning agency. by the |
1242 | date specified in the rule adopted by the state land planning |
1243 | agency pursuant to this subsection. The state land planning |
1244 | agency shall, prior to October 1, 1987, adopt a schedule of |
1245 | local governments required to submit complete proposed |
1246 | comprehensive plans or comprehensive plans as proposed to be |
1247 | amended. Such schedule shall specify the exact date of |
1248 | submission for each local government, shall establish equal, |
1249 | staggered submission dates, and shall be consistent with the |
1250 | following time periods: |
1251 | (a) Beginning on July 1, 1988, and on or before July 1, |
1252 | 1990, each county that is required to include a coastal |
1253 | management element in its comprehensive plan and each |
1254 | municipality in such a county; and |
1255 | (b) Beginning on July 1, 1989, and on or before July 1, |
1256 | 1991, all other counties or municipalities. |
1257 |
|
1258 | Nothing herein shall preclude the state land planning agency |
1259 | from permitting by rule a county together with each municipality |
1260 | in the county from submitting a proposed comprehensive plan |
1261 | earlier than the dates established in paragraphs (a) and (b). |
1262 | Any county or municipality that fails to meet the schedule set |
1263 | for submission of its proposed comprehensive plan by more than |
1264 | 90 days shall be subject to the sanctions described in s. |
1265 | 163.3184(11)(a) imposed by the Administration Commission. |
1266 | Notwithstanding the time periods established in this subsection, |
1267 | the state land planning agency may establish later deadlines for |
1268 | the submission of proposed comprehensive plans or comprehensive |
1269 | plans as proposed to be amended for a county or municipality |
1270 | which has all or a part of a designated area of critical state |
1271 | concern within its boundaries; however, such deadlines shall not |
1272 | be extended to a date later than July 1, 1991, or the time of |
1273 | de-designation, whichever is earlier. |
1274 | Section 31. Paragraph (h) of subsection (6) and paragraph |
1275 | (k) of subsection (10) of section 163.3177, Florida Statutes, |
1276 | are amended to read: |
1277 | 163.3177 Required and optional elements of comprehensive |
1278 | plan; studies and surveys.-- |
1279 | (6) In addition to the requirements of subsections |
1280 | (1)-(5), the comprehensive plan shall include the following |
1281 | elements: |
1282 | (h)1. An intergovernmental coordination element showing |
1283 | relationships and stating principles and guidelines to be used |
1284 | in coordinating the accomplishment of coordination of the |
1285 | adopted comprehensive plan with the plans of school boards and |
1286 | other units of local government providing services but not |
1287 | having regulatory authority over the use of land, with the |
1288 | comprehensive plans of adjacent municipalities, the county, |
1289 | adjacent counties, or the region, with the state comprehensive |
1290 | plan and with the applicable regional water supply plan approved |
1291 | pursuant to s. 373.0361, as the case may require and as such |
1292 | adopted plans or plans in preparation may exist. This element of |
1293 | the local comprehensive plan shall consider demonstrate |
1294 | consideration of the particular effects of the local plan, when |
1295 | adopted, upon the development of adjacent municipalities, the |
1296 | county, adjacent counties, or the region, or upon the state |
1297 | comprehensive plan, as the case may require. |
1298 | a. The intergovernmental coordination element shall |
1299 | provide for procedures for identifying and implementing to |
1300 | identify and implement joint planning areas, especially for the |
1301 | purpose of annexation, municipal incorporation, and joint |
1302 | infrastructure service areas. |
1303 | b. The intergovernmental coordination element shall |
1304 | provide for recognition of campus master plans prepared pursuant |
1305 | to s. 1013.30. |
1306 | c. The intergovernmental coordination element may provide |
1307 | for a voluntary dispute resolution process as established |
1308 | pursuant to s. 186.509 for bringing to closure in a timely |
1309 | manner intergovernmental disputes. A local government may |
1310 | develop and use an alternative local dispute resolution process |
1311 | for this purpose. |
1312 | 2. The intergovernmental coordination element shall |
1313 | further state principles and guidelines to be used in |
1314 | coordinating the accomplishment of coordination of the adopted |
1315 | comprehensive plan with the plans of school boards and other |
1316 | units of local government providing facilities and services but |
1317 | not having regulatory authority over the use of land. In |
1318 | addition, the intergovernmental coordination element shall |
1319 | describe joint processes for collaborative planning and |
1320 | decisionmaking on population projections and public school |
1321 | siting, the location and extension of public facilities subject |
1322 | to concurrency, and siting facilities with countywide |
1323 | significance, including locally unwanted land uses whose nature |
1324 | and identity are established in an agreement. Within 1 year of |
1325 | adopting their intergovernmental coordination elements, each |
1326 | county, all the municipalities within that county, the district |
1327 | school board, and any unit of local government service providers |
1328 | in that county shall establish by interlocal or other formal |
1329 | agreement executed by all affected entities, the joint processes |
1330 | described in this subparagraph consistent with their adopted |
1331 | intergovernmental coordination elements. |
1332 | 3. To foster coordination between special districts and |
1333 | local general-purpose governments as local general-purpose |
1334 | governments implement local comprehensive plans, each |
1335 | independent special district must submit a public facilities |
1336 | report to the appropriate local government as required by s. |
1337 | 189.415. |
1338 | 4.a. Local governments adopting a public educational |
1339 | facilities element pursuant to s. 163.31776 must execute an |
1340 | interlocal agreement with the district school board, the county, |
1341 | and nonexempt municipalities, as defined by s. 163.31776(1), |
1342 | which includes the items listed in s. 163.31777(2). The local |
1343 | government shall amend the intergovernmental coordination |
1344 | element to provide that coordination between the local |
1345 | government and school board is pursuant to the agreement and |
1346 | shall state the obligations of the local government under the |
1347 | agreement. |
1348 | b. Plan amendments that comply with this subparagraph are |
1349 | exempt from the provisions of s. 163.3187(1). |
1350 | 5. The state land planning agency shall establish a |
1351 | schedule for phased completion and transmittal of plan |
1352 | amendments to implement subparagraphs 1., 2., and 3. from all |
1353 | jurisdictions so as to accomplish their adoption by December 31, |
1354 | 1999. A local government may complete and transmit its plan |
1355 | amendments to carry out these provisions prior to the scheduled |
1356 | date established by the state land planning agency. The plan |
1357 | amendments are exempt from the provisions of s. 163.3187(1). |
1358 | 5.6. By January 1, 2004, any county having a population |
1359 | greater than 100,000, and the municipalities and special |
1360 | districts within that county, shall submit a report to the |
1361 | Department of Community Affairs which identifies: |
1362 | a. Identifies All existing or proposed interlocal service- |
1363 | delivery agreements regarding the following: education; sanitary |
1364 | sewer; public safety; solid waste; drainage; potable water; |
1365 | parks and recreation; and transportation facilities. |
1366 | b. Identifies Any deficits or duplication in the provision |
1367 | of services within its jurisdiction, whether capital or |
1368 | operational. Upon request, the Department of Community Affairs |
1369 | shall provide technical assistance to the local governments in |
1370 | identifying deficits or duplication. |
1371 | 6.7. Within 6 months after submission of the report, the |
1372 | Department of Community Affairs shall, through the appropriate |
1373 | regional planning council, coordinate a meeting of all local |
1374 | governments within the regional planning area to discuss the |
1375 | reports and potential strategies to remedy any identified |
1376 | deficiencies or duplications. |
1377 | 7.8. Each local government shall update its |
1378 | intergovernmental coordination element based upon the findings |
1379 | in the report submitted pursuant to subparagraph 5.6. The report |
1380 | may be used as supporting data and analysis for the |
1381 | intergovernmental coordination element. |
1382 | 9. By February 1, 2003, representatives of municipalities, |
1383 | counties, and special districts shall provide to the Legislature |
1384 | recommended statutory changes for annexation, including any |
1385 | changes that address the delivery of local government services |
1386 | in areas planned for annexation. |
1387 | (10) The Legislature recognizes the importance and |
1388 | significance of chapter 9J-5, Florida Administrative Code, the |
1389 | Minimum Criteria for Review of Local Government Comprehensive |
1390 | Plans and Determination of Compliance of the Department of |
1391 | Community Affairs that will be used to determine compliance of |
1392 | local comprehensive plans. The Legislature reserved unto itself |
1393 | the right to review chapter 9J-5, Florida Administrative Code, |
1394 | and to reject, modify, or take no action relative to this rule. |
1395 | Therefore, pursuant to subsection (9), the Legislature hereby |
1396 | has reviewed chapter 9J-5, Florida Administrative Code, and |
1397 | expresses the following legislative intent: |
1398 | (k) So that local governments are able to prepare and |
1399 | adopt comprehensive plans with knowledge of the rules that will |
1400 | be applied to determine consistency of the plans with provisions |
1401 | of this part, it is the intent of the Legislature that there |
1402 | should be no doubt as to the legal standing of chapter 9J-5, |
1403 | Florida Administrative Code, at the close of the 1986 |
1404 | legislative session. Therefore, the Legislature declares that |
1405 | changes made to chapter 9J-5, Florida Administrative Code, prior |
1406 | to October 1, 1986, shall not be subject to rule challenges |
1407 | under s. 120.56(2), or to drawout proceedings under s. |
1408 | 120.54(3)(c)2. The entire chapter 9J-5, Florida Administrative |
1409 | Code, as amended, shall be subject to rule challenges under s. |
1410 | 120.56(3), as nothing herein shall be construed to indicate |
1411 | approval or disapproval of any portion of chapter 9J-5, Florida |
1412 | Administrative Code, not specifically addressed herein. No |
1413 | challenge pursuant to s. 120.56(3) may be filed from July 1, |
1414 | 1987, through April 1, 1993. Any amendments to chapter 9J-5, |
1415 | Florida Administrative Code, exclusive of the amendments adopted |
1416 | prior to October 1, 1986, pursuant to this act, shall be subject |
1417 | to the full chapter 120 process. All amendments shall have |
1418 | effective dates as provided in chapter 120 and submission to the |
1419 | President of the Senate and Speaker of the House of |
1420 | Representatives shall not be required. |
1421 | Section 32. Subsection (6) of section 163.3178, Florida |
1422 | Statutes, is amended to read: |
1423 | 163.3178 Coastal management.-- |
1424 | (6) Local governments are encouraged to adopt countywide |
1425 | marina siting plans to designate sites for existing and future |
1426 | marinas. The Coastal Resources Interagency Management Committee, |
1427 | at the direction of the Legislature, shall identify incentives |
1428 | to encourage local governments to adopt such siting plans and |
1429 | uniform criteria and standards to be used by local governments |
1430 | to implement state goals, objectives, and policies relating to |
1431 | marina siting. These criteria must ensure that priority is given |
1432 | to water-dependent land uses. The Coastal Resources Interagency |
1433 | Management Committee shall submit its recommendations regarding |
1434 | local government incentives to the Legislature by December 1, |
1435 | 1993. Countywide marina siting plans must be consistent with |
1436 | state and regional environmental planning policies and |
1437 | standards. Each local government in the coastal area which |
1438 | participates in adoption of a countywide marina siting plan |
1439 | shall incorporate the plan into the coastal management element |
1440 | of its local comprehensive plan. |
1441 | Section 33. Subsection (12) of section 163.519, Florida |
1442 | Statutes, is amended to read: |
1443 | 163.519 Duties of Department of Legal Affairs.--The |
1444 | Department of Legal Affairs shall: |
1445 | (12) Submit an annual report to the Governor, the |
1446 | President of the Senate, the Speaker of the House of |
1447 | Representatives, and the minority leaders and appropriate |
1448 | committee chairpersons of each house prior to March 1 of each |
1449 | year which contains: |
1450 | (a) A listing of neighborhood improvement districts |
1451 | created within the state, and their location. |
1452 | (b) A listing of districts which received funds from the |
1453 | Safe Neighborhoods Program. |
1454 | (c) A status report noting each district's progress in |
1455 | completing and implementing safe neighborhood improvement plans. |
1456 | Section 34. Subsection (9) of section 186.007, Florida |
1457 | Statutes, is amended to read: |
1458 | 186.007 State comprehensive plan; preparation; revision.-- |
1459 | (9) The Governor shall appoint a committee to review and |
1460 | make recommendations as to appropriate revisions to the state |
1461 | comprehensive plan that should be considered for the Governor's |
1462 | recommendations to the Administration Commission for October 1, |
1463 | 1999, pursuant to s. 186.008(1). The committee must consist of |
1464 | persons from the public and private sectors representing the |
1465 | broad range of interests covered by the state comprehensive |
1466 | plan, including state, regional, and local government |
1467 | representatives. In reviewing the goals and policies contained |
1468 | in chapter 187, the committee must identify portions that have |
1469 | become outdated or have not been implemented, and, based upon |
1470 | best available data, the state's progress toward achieving the |
1471 | goals and policies. In reviewing the goals and policies relating |
1472 | to growth and development, the committee shall consider the |
1473 | extent to which the plan adequately addresses the guidelines set |
1474 | forth in s. 186.009, and recommend revisions as appropriate. In |
1475 | addition, the committee shall consider and make recommendations |
1476 | on the purpose and function of the state land development plan, |
1477 | as set forth in s. 380.031(17), including whether said plan |
1478 | should be retained and, if so, its future application. The |
1479 | committee may also make recommendations as to data and |
1480 | information needed in the continuing process to evaluate and |
1481 | update the state comprehensive plan. All meetings of the |
1482 | committee must be open to the public for input on the state |
1483 | planning process and amendments to the state comprehensive plan. |
1484 | The Executive Office of the Governor is hereby appropriated |
1485 | $50,000 in nonrecurring general revenue for costs associated |
1486 | with the committee, including travel and per diem reimbursement |
1487 | for the committee members. |
1488 | Section 35. Section 186.022, Florida Statutes, is amended |
1489 | to read: |
1490 | 186.022 Information technology strategic plans.--By June 1 |
1491 | of each year, the Financial Management Information Board, the |
1492 | Criminal and Juvenile Justice Information Systems Council, and |
1493 | the Health Information Systems Council shall each develop and |
1494 | submit to the State Technology Office an information technology |
1495 | strategic plan in a form and manner prescribed in written |
1496 | instructions from the State Technology Office in consultation |
1497 | with the Executive Office of the Governor and the legislative |
1498 | appropriations committees. The State Technology Office shall |
1499 | review each such strategic plan and shall determine whether each |
1500 | such plan is consistent with the State Annual Report on |
1501 | Enterprise Resource Planning and Management and statewide |
1502 | policies adopted by the State Technology Office, and by July 1 |
1503 | of each year shall develop and transmit to each such board and |
1504 | council a written expression of its findings, conclusions, and |
1505 | required changes, if any, with respect to each such strategic |
1506 | plan. If any change to any such strategic plan is required, each |
1507 | affected board and council shall revise its strategic plan to |
1508 | the extent necessary to incorporate such required changes and |
1509 | shall resubmit its strategic plan to the State Technology Office |
1510 | for final approval and acceptance. |
1511 | Section 36. Subsection (5) of section 189.4035, Florida |
1512 | Statutes, is amended to read: |
1513 | 189.4035 Preparation of official list of special |
1514 | districts.-- |
1515 | (5) The official list of special districts shall be |
1516 | available on the department's website distributed by the |
1517 | department on October 1 of each year to the President of the |
1518 | Senate, the Speaker of the House of Representatives, the Auditor |
1519 | General, the Department of Revenue, the Department of Financial |
1520 | Services, the Department of Management Services, the State Board |
1521 | of Administration, counties, municipalities, county property |
1522 | appraisers, tax collectors, and supervisors of elections and to |
1523 | all interested parties who request the list. |
1524 | Section 37. Subsection (2) of section 189.412, Florida |
1525 | Statutes, is amended to read: |
1526 | 189.412 Special District Information Program; duties and |
1527 | responsibilities.--The Special District Information Program of |
1528 | the Department of Community Affairs is created and has the |
1529 | following special duties: |
1530 | (2) The maintenance of a master list of independent and |
1531 | dependent special districts which shall be available on the |
1532 | department's website annually updated and distributed to the |
1533 | appropriate officials in state and local governments. |
1534 | Section 38. Subsection (2) of section 194.034, Florida |
1535 | Statutes, is amended to read: |
1536 | 194.034 Hearing procedures; rules.-- |
1537 | (2) In each case, except when a complaint is withdrawn by |
1538 | the petitioner or is acknowledged as correct by the property |
1539 | appraiser, the value adjustment board shall render a written |
1540 | decision. All such decisions shall be issued within 20 calendar |
1541 | days of the last day the board is in session under s. 194.032. |
1542 | The decision of the board shall contain findings of fact and |
1543 | conclusions of law and shall include reasons for upholding or |
1544 | overturning the determination of the property appraiser. When a |
1545 | special magistrate has been appointed, the recommendations of |
1546 | the special magistrate shall be considered by the board. The |
1547 | clerk, upon issuance of the decisions, shall, on a form provided |
1548 | by the Department of Revenue, notify by first-class mail each |
1549 | taxpayer and, the property appraiser, and the department of the |
1550 | decision of the board. |
1551 | Section 39. Paragraph (b) of subsection (1) of section |
1552 | 206.606, Florida Statutes, is amended to read: |
1553 | 206.606 Distribution of certain proceeds.-- |
1554 | (1) Moneys collected pursuant to ss. 206.41(1)(g) and |
1555 | 206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust |
1556 | Fund. Such moneys, after deducting the service charges imposed |
1557 | by s. 215.20, the refunds granted pursuant to s. 206.41, and the |
1558 | administrative costs incurred by the department in collecting, |
1559 | administering, enforcing, and distributing the tax, which |
1560 | administrative costs may not exceed 2 percent of collections, |
1561 | shall be distributed monthly to the State Transportation Trust |
1562 | Fund, except that: |
1563 | (b) $2.5 million shall be transferred annually to the |
1564 | State Game Trust Fund in the Fish and Wildlife Conservation |
1565 | Commission in each fiscal year and used for recreational boating |
1566 | activities, and freshwater fisheries management and research. |
1567 | The transfers must be made in equal monthly amounts beginning on |
1568 | July 1 of each fiscal year. The commission shall annually |
1569 | determine where unmet needs exist for boating-related |
1570 | activities, and may fund such activities in counties where, due |
1571 | to the number of vessel registrations, sufficient financial |
1572 | resources are unavailable. |
1573 | 1. A minimum of $1.25 million shall be used to fund local |
1574 | projects to provide recreational channel marking, public |
1575 | launching facilities, aquatic plant control, and other local |
1576 | boating related activities. In funding the projects, the |
1577 | commission shall give priority consideration as follows: |
1578 | a. Unmet needs in counties with populations of 100,000 or |
1579 | less. |
1580 | b. Unmet needs in coastal counties with a high level of |
1581 | boating related activities from individuals residing in other |
1582 | counties. |
1583 | 2. The remaining $1.25 million may be used for |
1584 | recreational boating activities and freshwater fisheries |
1585 | management and research. |
1586 | 3. The commission is authorized to adopt rules pursuant to |
1587 | ss. 120.536(1) and 120.54 to implement a Florida Boating |
1588 | Improvement Program similar to the program administered by the |
1589 | Department of Environmental Protection and established in rules |
1590 | 62D-5.031 - 62D-5.036, Florida Administrative Code, to determine |
1591 | projects eligible for funding under this subsection. |
1592 |
|
1593 | On February 1 of each year, The commission shall prepare and |
1594 | make available on its Internet website file an annual report |
1595 | with the President of the Senate and the Speaker of the House of |
1596 | Representatives outlining the status of its Florida Boating |
1597 | Improvement Program, including the projects funded, and a list |
1598 | of counties whose needs are unmet due to insufficient financial |
1599 | resources from vessel registration fees. |
1600 | Section 40. Paragraph (b) of subsection (4) of section |
1601 | 212.054, Florida Statutes, is amended to read: |
1602 | 212.054 Discretionary sales surtax; limitations, |
1603 | administration, and collection.-- |
1604 | (4) |
1605 | (b) The proceeds of a discretionary sales surtax collected |
1606 | by the selling dealer located in a county which imposes the |
1607 | surtax shall be returned, less the cost of administration, to |
1608 | the county where the selling dealer is located. The proceeds |
1609 | shall be transferred to the Discretionary Sales Surtax Clearing |
1610 | Trust Fund. A separate account shall be established in such |
1611 | trust fund for each county imposing a discretionary surtax. The |
1612 | amount deducted for the costs of administration shall not exceed |
1613 | 3 percent of the total revenue generated for all counties |
1614 | levying a surtax authorized in s. 212.055. The amount deducted |
1615 | for the costs of administration shall be used only for those |
1616 | costs which are solely and directly attributable to the surtax. |
1617 | The total cost of administration shall be prorated among those |
1618 | counties levying the surtax on the basis of the amount collected |
1619 | for a particular county to the total amount collected for all |
1620 | counties. No later than March 1 of each year, the department |
1621 | shall submit a written report which details the expenses and |
1622 | amounts deducted for the costs of administration to the |
1623 | President of the Senate, the Speaker of the House of |
1624 | Representatives, and the governing authority of each county |
1625 | levying a surtax. The department shall distribute the moneys in |
1626 | the trust fund each month to the appropriate counties, unless |
1627 | otherwise provided in s. 212.055. |
1628 | Section 41. Paragraph (j) of subsection (5) of section |
1629 | 212.08, Florida Statutes, is amended to read: |
1630 | 212.08 Sales, rental, use, consumption, distribution, and |
1631 | storage tax; specified exemptions.--The sale at retail, the |
1632 | rental, the use, the consumption, the distribution, and the |
1633 | storage to be used or consumed in this state of the following |
1634 | are hereby specifically exempt from the tax imposed by this |
1635 | chapter. |
1636 | (5) EXEMPTIONS; ACCOUNT OF USE.-- |
1637 | (j) Machinery and equipment used in semiconductor, |
1638 | defense, or space technology production and research and |
1639 | development.-- |
1640 | 1.a. Industrial machinery and equipment used in |
1641 | semiconductor technology facilities certified under subparagraph |
1642 | 6. to manufacture, process, compound, or produce semiconductor |
1643 | technology products for sale or for use by these facilities are |
1644 | exempt from the tax imposed by this chapter. For purposes of |
1645 | this paragraph, industrial machinery and equipment includes |
1646 | molds, dies, machine tooling, other appurtenances or accessories |
1647 | to machinery and equipment, testing equipment, test beds, |
1648 | computers, and software, whether purchased or self-fabricated, |
1649 | and, if self-fabricated, includes materials and labor for |
1650 | design, fabrication, and assembly. |
1651 | b. Industrial machinery and equipment used in defense or |
1652 | space technology facilities certified under subparagraph 6. to |
1653 | manufacture, process, compound, or produce defense technology |
1654 | products or space technology products for sale or for use by |
1655 | these facilities are exempt from 25 percent of the tax imposed |
1656 | by this chapter. |
1657 | 2.a. Machinery and equipment are exempt from the tax |
1658 | imposed by this chapter if used predominately in semiconductor |
1659 | wafer research and development activities in a semiconductor |
1660 | technology research and development facility certified under |
1661 | subparagraph 6. For purposes of this paragraph, machinery and |
1662 | equipment includes molds, dies, machine tooling, other |
1663 | appurtenances or accessories to machinery and equipment, testing |
1664 | equipment, test beds, computers, and software, whether purchased |
1665 | or self-fabricated, and, if self-fabricated, includes materials |
1666 | and labor for design, fabrication, and assembly. |
1667 | b. Machinery and equipment are exempt from 25 percent of |
1668 | the tax imposed by this chapter if used predominately in defense |
1669 | or space research and development activities in a defense or |
1670 | space technology research and development facility certified |
1671 | under subparagraph 6. |
1672 | 3. Building materials purchased for use in manufacturing |
1673 | or expanding clean rooms in semiconductor-manufacturing |
1674 | facilities are exempt from the tax imposed by this chapter. |
1675 | 4. In addition to meeting the criteria mandated by |
1676 | subparagraph 1., subparagraph 2., or subparagraph 3., a business |
1677 | must be certified by the Office of Tourism, Trade, and Economic |
1678 | Development as authorized in this paragraph in order to qualify |
1679 | for exemption under this paragraph. |
1680 | 5. For items purchased tax exempt pursuant to this |
1681 | paragraph, possession of a written certification from the |
1682 | purchaser, certifying the purchaser's entitlement to exemption |
1683 | pursuant to this paragraph, relieves the seller of the |
1684 | responsibility of collecting the tax on the sale of such items, |
1685 | and the department shall look solely to the purchaser for |
1686 | recovery of tax if it determines that the purchaser was not |
1687 | entitled to the exemption. |
1688 | 6.a. To be eligible to receive the exemption provided by |
1689 | subparagraph 1., subparagraph 2., or subparagraph 3., a |
1690 | qualifying business entity shall apply to Enterprise Florida, |
1691 | Inc. The application shall be developed by the Office of |
1692 | Tourism, Trade, and Economic Development in consultation with |
1693 | Enterprise Florida, Inc. |
1694 | b. Enterprise Florida, Inc., shall review each submitted |
1695 | application and information and determine whether or not the |
1696 | application is complete within 5 working days. Once an |
1697 | application is complete, Enterprise Florida, Inc., shall, within |
1698 | 10 working days, evaluate the application and recommend approval |
1699 | or disapproval of the application to the Office of Tourism, |
1700 | Trade, and Economic Development. |
1701 | c. Upon receipt of the application and recommendation from |
1702 | Enterprise Florida, Inc., the Office of Tourism, Trade, and |
1703 | Economic Development shall certify within 5 working days those |
1704 | applicants who are found to meet the requirements of this |
1705 | section and notify the applicant, Enterprise Florida, Inc., and |
1706 | the department of the certification. If the Office of Tourism, |
1707 | Trade, and Economic Development finds that the applicant does |
1708 | not meet the requirements of this section, it shall notify the |
1709 | applicant and Enterprise Florida, Inc., within 10 working days |
1710 | that the application for certification has been denied and the |
1711 | reasons for denial. The Office of Tourism, Trade, and Economic |
1712 | Development has final approval authority for certification under |
1713 | this section. |
1714 | 7.a. A business may apply once each year for the |
1715 | exemption. |
1716 | a.b. The application must indicate, for program evaluation |
1717 | purposes only, the average number of full-time equivalent |
1718 | employees at the facility over the preceding calendar year, the |
1719 | average wage and benefits paid to those employees over the |
1720 | preceding calendar year, the total investment made in real and |
1721 | tangible personal property over the preceding calendar year, and |
1722 | the total value of tax-exempt purchases and taxes exempted |
1723 | during the previous year. The department shall assist the Office |
1724 | of Tourism, Trade, and Economic Development in evaluating and |
1725 | verifying information provided in the application for exemption. |
1726 | b.c. The Office of Tourism, Trade, and Economic |
1727 | Development may use the information reported on the application |
1728 | for evaluation purposes only and shall prepare an annual report |
1729 | on the exemption program and its cost and impact. The annual |
1730 | report for the preceding fiscal year shall be submitted to the |
1731 | Governor, the President of the Senate, and the Speaker of the |
1732 | House of Representatives by September 30 of each fiscal year. |
1733 | 8. A business certified to receive this exemption may |
1734 | elect to designate one or more state universities or community |
1735 | colleges as recipients of up to 100 percent of the amount of the |
1736 | exemption for which they may qualify. To receive these funds, |
1737 | the institution must agree to match the funds so earned with |
1738 | equivalent cash, programs, services, or other in-kind support on |
1739 | a one-to-one basis in the pursuit of research and development |
1740 | projects as requested by the certified business. The rights to |
1741 | any patents, royalties, or real or intellectual property must be |
1742 | vested in the business unless otherwise agreed to by the |
1743 | business and the university or community college. |
1744 | 9. As used in this paragraph, the term: |
1745 | a. "Predominately" means at least 50 percent of the time |
1746 | in qualifying research and development. |
1747 | b. "Research and development" means basic and applied |
1748 | research in the science or engineering, as well as the design, |
1749 | development, and testing of prototypes or processes of new or |
1750 | improved products. Research and development does not include |
1751 | market research, routine consumer product testing, sales |
1752 | research, research in the social sciences or psychology, |
1753 | nontechnological activities, or technical services. |
1754 | c. "Semiconductor technology products" means raw |
1755 | semiconductor wafers or semiconductor thin films that are |
1756 | transformed into semiconductor memory or logic wafers, including |
1757 | wafers containing mixed memory and logic circuits; related |
1758 | assembly and test operations; active-matrix flat panel displays; |
1759 | semiconductor chips; semiconductor lasers; optoelectronic |
1760 | elements; and related semiconductor technology products as |
1761 | determined by the Office of Tourism, Trade, and Economic |
1762 | Development. |
1763 | d. "Clean rooms" means manufacturing facilities enclosed |
1764 | in a manner that meets the clean manufacturing requirements |
1765 | necessary for high-technology semiconductor-manufacturing |
1766 | environments. |
1767 | e. "Defense technology products" means products that have |
1768 | a military application, including, but not limited to, weapons, |
1769 | weapons systems, guidance systems, surveillance systems, |
1770 | communications or information systems, munitions, aircraft, |
1771 | vessels, or boats, or components thereof, which are intended for |
1772 | military use and manufactured in performance of a contract with |
1773 | the United States Department of Defense or the military branch |
1774 | of a recognized foreign government or a subcontract thereunder |
1775 | which relates to matters of national defense. |
1776 | f. "Space technology products" means products that are |
1777 | specifically designed or manufactured for application in space |
1778 | activities, including, but not limited to, space launch |
1779 | vehicles, missiles, satellites or research payloads, avionics, |
1780 | and associated control systems and processing systems. The term |
1781 | does not include products that are designed or manufactured for |
1782 | general commercial aviation or other uses even though those |
1783 | products may also serve an incidental use in space applications. |
1784 | Section 42. Section 213.0452, Florida Statutes, is |
1785 | repealed. |
1786 | Section 43. Section 213.054, Florida Statutes, is |
1787 | repealed. |
1788 | Section 44. Paragraph (f) of subsection (5) of section |
1789 | 215.5601, Florida Statutes, is amended to read: |
1790 | 215.5601 Lawton Chiles Endowment Fund.-- |
1791 | (5) AVAILABILITY OF FUNDS; USES.-- |
1792 | (f) When advised by the Revenue Estimating Conference that |
1793 | a deficit will occur with respect to the appropriations from the |
1794 | tobacco settlement trust funds of the state agencies in any |
1795 | fiscal year, the Governor shall develop a plan of action to |
1796 | eliminate the deficit. Before implementing the plan of action, |
1797 | the Governor must comply with s. 216.177(2). In developing the |
1798 | plan of action, the Governor shall, to the extent possible, |
1799 | preserve legislative policy and intent, and, absent any specific |
1800 | directions to the contrary in the General Appropriations Act, |
1801 | any reductions in appropriations from the tobacco settlement |
1802 | trust funds of the state agencies for a fiscal year shall be |
1803 | prorated among the specific appropriations made from all tobacco |
1804 | settlement trust funds of the state agencies for that year. |
1805 | Section 45. Subsection (3) of section 215.70, Florida |
1806 | Statutes, is amended to read: |
1807 | 215.70 State Board of Administration to act in case of |
1808 | defaults.-- |
1809 | (3) It shall be the duty of the State Board of |
1810 | Administration to monitor the debt service accounts for bonds |
1811 | issued pursuant to this act. The board shall advise the Governor |
1812 | and Legislature of any projected need to appropriate funds to |
1813 | honor the pledge of full faith and credit of the state. The |
1814 | report shall include the estimated amount of appropriations |
1815 | needed, the estimated maximum amount of appropriations needed, |
1816 | and a contingency appropriation request for each bond issue. |
1817 | Section 46. Paragraph (z) of subsection (1) of section |
1818 | 216.011, Florida Statutes, is amended to read: |
1819 | 216.011 Definitions.-- |
1820 | (1) For the purpose of fiscal affairs of the state, |
1821 | appropriations acts, legislative budgets, and approved budgets, |
1822 | each of the following terms has the meaning indicated: |
1823 | (z) "Long-range program plan" means a plan developed |
1824 | pursuant to s. 216.013 on an annual basis by each state agency |
1825 | that is policy based, priority driven, accountable, and |
1826 | developed through careful examination and justification of all |
1827 | programs and their associated costs. Each plan is developed by |
1828 | examining the needs of agency customers and clients and |
1829 | proposing programs and associated costs to address those needs |
1830 | based on state priorities as established by law, the agency |
1831 | mission, and legislative authorization. The plan provides the |
1832 | framework and context for preparing the legislative budget |
1833 | request and includes performance indicators for evaluating the |
1834 | impact of programs and agency performance. |
1835 | Section 47. Section 216.013, Florida Statutes, is amended |
1836 | to read: |
1837 | 216.013 Long-range program plan.-- |
1838 | (1) State agencies and the judicial branch shall develop |
1839 | long-range program plans to achieve state goals using an |
1840 | interagency planning process that includes the development of |
1841 | integrated agency program service outcomes. The plans shall be |
1842 | policy based, priority driven, accountable, and developed |
1843 | through careful examination and justification of all agency and |
1844 | judicial branch programs The plan shall cover a period of 5 |
1845 | fiscal years and shall become effective July 1 each year. |
1846 | (1) Long-range program plans shall provide the framework |
1847 | for the development of agency budget requests and shall identify |
1848 | or update: |
1849 | (a) The agency's or court's mission. |
1850 | (b) The goals established to accomplish the mission. |
1851 | (c) The objectives developed to achieve the goals. |
1852 | (d) The trends and conditions relevant to the mission, |
1853 | goals, and objectives. |
1854 | (e)(a) Identify agency programs and address how agency The |
1855 | agency or court programs that will be used to implement state |
1856 | policy and achieve state goals and program component |
1857 | objectives.; |
1858 | (f) The program outcomes and standards to measure progress |
1859 | toward program objectives. |
1860 | (b) Identify and describe agency functions and how they |
1861 | will be used to achieve designated outcomes; |
1862 | (c) Identify demand, output, total costs, and unit costs |
1863 | for each function; |
1864 | (g)(d) Provide Information regarding performance |
1865 | measurement, which includes, but is not limited to, how data is |
1866 | collected, the methodology used to measure a performance |
1867 | indicator, the validity and reliability of a measure, the |
1868 | appropriateness of a measure, and whether the agency inspector |
1869 | general has assessed the reliability and validity of agency |
1870 | performance measures, pursuant to s. 20.055(2).; |
1871 | (e) Identify and justify facility and fixed capital outlay |
1872 | projects and their associated costs; and |
1873 | (f) Identify and justify information technology |
1874 | infrastructure and applications and their associated costs for |
1875 | information technology projects or initiatives. |
1876 | (2) Each long-range program plan shall cover a period of 5 |
1877 | fiscal years, be revised annually, and remain in effect until |
1878 | replaced or revised All agency functions and their costs shall |
1879 | be carefully evaluated and justified by the agency. The |
1880 | justification must clearly demonstrate the needs of agency |
1881 | customers and clients and why the agency is proposing functions |
1882 | and their associated costs to address the needs based on state |
1883 | priorities, the agency mission, and legislative authorization. |
1884 | Further, the justification must show how agency functions are |
1885 | integrated and contribute to the overall achievement of state |
1886 | goals. Facilities, fixed capital outlay and information |
1887 | technology infrastructure, and applications shall be evaluated |
1888 | pursuant to ss. 216.0158, 216.043, and 216.0446, respectively. |
1889 | (3) Long-range program plans or revisions shall be |
1890 | presented by state agencies and the judicial branch in a form, |
1891 | manner, and timeframe prescribed in written instructions |
1892 | prepared by submitted to the Executive Office of the Governor in |
1893 | consultation with by August 1 of each year in a form and manner |
1894 | prescribed by the Executive Office of the Governor and the |
1895 | chairs of the legislative appropriations committees. Such long- |
1896 | range program plans for the Judicial Branch shall be submitted |
1897 | by the Chief Justice of the Supreme Court to the President of |
1898 | the Senate and the Speaker of the House of Representatives, and |
1899 | a copy shall be provided to the Executive Office of the |
1900 | Governor. |
1901 | (4) The Executive Office of the Governor shall review the |
1902 | long-range program plans for executive agencies to ensure that |
1903 | they are consistent with the state's goals and objectives and |
1904 | other requirements as specified in the written instructions and |
1905 | that they provide the framework and context for the agency's |
1906 | budget request. |
1907 | (5) Executive agencies shall incorporate all revisions |
1908 | required by the Governor within 14 working days. |
1909 | (6) Any differences between executive agencies regarding |
1910 | the programs, policies, or long-range program plans of such |
1911 | agencies shall be mediated by the Executive Office of the |
1912 | Governor. |
1913 | (4)(7) Each state executive agency and the judicial branch |
1914 | shall post its long-range program plan on its Internet website |
1915 | transmit copies of its long-range program plan and all written |
1916 | comments on its plan to the President of the Senate and the |
1917 | Speaker of the House of Representatives not later than September |
1918 | 30 of each year and provide written notice to the Governor and |
1919 | Legislature that the plans have been posted 60 days prior to the |
1920 | next regular session of the Legislature. |
1921 | (8) Long-range program plans developed pursuant to this |
1922 | chapter are not rules and therefore are not subject to the |
1923 | provisions of chapter 120. |
1924 | (5)(9) Following the adoption of the annual General |
1925 | Appropriations Act, each state agency agencies and the judicial |
1926 | branch shall make appropriate adjustments to its their long- |
1927 | range program plan plans to be consistent with the |
1928 | appropriations and performance measures in the General |
1929 | Appropriations Act and legislation implementing the General |
1930 | Appropriations Act. Each agency Agencies and the judicial branch |
1931 | has have until June 15 to make adjustments to its plan as posted |
1932 | on its Internet website their plans and submit the adjusted |
1933 | plans to the Executive Office of the Governor for review. |
1934 | (6) Long-range program plans developed pursuant to this |
1935 | chapter are not rules and, therefore, are not subject to chapter |
1936 | 120. |
1937 | Section 48. Section 216.103, Florida Statutes, is |
1938 | repealed. |
1939 | Section 49. Section 216.172, Florida Statutes, is |
1940 | repealed. |
1941 | Section 50. Subsection (10) of section 216.181, Florida |
1942 | Statutes, is amended to read: |
1943 | 216.181 Approved budgets for operations and fixed capital |
1944 | outlay.-- |
1945 | (10)(a) The Executive Office of the Governor and the Chief |
1946 | Justice of the Supreme Court may increase or decrease the |
1947 | approved salary rate for positions for the purpose of |
1948 | implementing the General Appropriations Act, special |
1949 | appropriations acts, and actions pursuant to s. 216.262 |
1950 | consistent with legislative intent and policy. Other adjustments |
1951 | to approved salary rate must be approved by the Legislative |
1952 | Budget Commission pursuant to the request of the agency filed |
1953 | with the Executive Office of the Governor or pursuant to the |
1954 | request of an entity of the judicial branch filed with the Chief |
1955 | Justice of the Supreme Court, if deemed necessary and in the |
1956 | best interest of the state and consistent with legislative |
1957 | policy and intent. The provisions of this paragraph are subject |
1958 | to the notice and review procedures set forth in s. 216.177. |
1959 | (b) Lump-sum salary bonuses may be provided only if |
1960 | specifically appropriated or provided pursuant to s. 110.1245 or |
1961 | s. 216.1815. |
1962 | (c) State agencies and the judicial branch shall report, |
1963 | each fiscal quarter, the number of filled positions, the number |
1964 | of vacant positions, and the salary rate associated with each |
1965 | category to the Legislative Budget Commission in a form and |
1966 | manner prescribed by the commission. |
1967 | Section 51. Section 216.1825, Florida Statutes, is |
1968 | repealed. |
1969 | Section 52. Subsection (5) of section 252.55, Florida |
1970 | Statutes, is amended to read: |
1971 | 252.55 Civil Air Patrol, Florida Wing.-- |
1972 | (5) The wing commander of the Florida Wing of the Civil |
1973 | Air Patrol shall biennially furnish the Bureau of Emergency |
1974 | Management a 2-year an annual projection of the goals and |
1975 | objectives of the Civil Air Patrol for the following year. These |
1976 | will be reported to the Governor in the division's biennial |
1977 | annual report submitted pursuant to s. 252.35 of the division on |
1978 | February 1 of each year. |
1979 | Section 53. Subsection (1) of section 253.7825, Florida |
1980 | Statutes, is amended to read: |
1981 | 253.7825 Recreational uses.-- |
1982 | (1) The Cross Florida Greenways State Recreation and |
1983 | Conservation Area must be managed as a multiple-use area |
1984 | pursuant to s. 253.034(2)(a), and as further provided herein. |
1985 | The University of Florida Management Plan provides a conceptual |
1986 | recreational plan that may ultimately be developed at various |
1987 | locations throughout the greenways corridor. The plan proposes |
1988 | to locate a number of the larger, more comprehensive and complex |
1989 | recreational facilities in sensitive, natural resource areas. |
1990 | Future site-specific studies and investigations must be |
1991 | conducted by the department to determine compatibility with, and |
1992 | potential for adverse impact to, existing natural resources, |
1993 | need for the facility, the availability of other alternative |
1994 | locations with reduced adverse impacts to existing natural |
1995 | resources, and the proper specific sites and locations for the |
1996 | more comprehensive and complex facilities. Furthermore, it is |
1997 | appropriate, with the approval of the department, to allow more |
1998 | fishing docks, boat launches, and other user-oriented facilities |
1999 | to be developed and maintained by local governments. |
2000 | Section 54. Section 253.7826, Florida Statutes, is |
2001 | repealed. |
2002 | Section 55. Section 253.7829, Florida Statutes, is |
2003 | repealed. |
2004 | Section 56. Subsection (4) of section 259.037, Florida |
2005 | Statutes, is amended to read: |
2006 | 259.037 Land Management Uniform Accounting Council.-- |
2007 | (4) The council shall provide a report of the agencies' |
2008 | expenditures pursuant to the adopted categories to the President |
2009 | of the Senate and the Speaker of the House of Representatives |
2010 | annually, beginning July 1, 2001. The council shall also provide |
2011 | this report to the Acquisition and Restoration Council for |
2012 | inclusion in its annual report required pursuant to s. 259.105. |
2013 | Section 57. Section 265.56, Florida Statutes, is repealed. |
2014 | Section 58. Subsection (4) of section 267.074, Florida |
2015 | Statutes, is amended to read: |
2016 | 267.074 State Historical Marker Program.--The division |
2017 | shall coordinate and direct the State Historical Marker Program, |
2018 | which shall be a program of popular history and heritage |
2019 | designed to inform the general public about persons, events, |
2020 | structures, and other topics relating to the history and culture |
2021 | of the state; encourage interest in preserving the historical |
2022 | resources of the state and its localities; promote a sense of |
2023 | community and place among Florida citizens; and provide for the |
2024 | enjoyment and edification of tourists. |
2025 | (4) The division shall develop a comprehensive plan for |
2026 | the State Historical Marker Program which shall be kept up to |
2027 | date and shall incorporate goals and objectives of the program, |
2028 | as well as policies, plans, and procedures relating to: |
2029 | (a) Categories of Official Florida Historical Markers, |
2030 | criteria for their use, and specifications for design. |
2031 | (b) Selection of subjects to be marked. |
2032 | (c) Published guides to Official Florida Historical |
2033 | Markers, including methods for public distribution. |
2034 | (d) Maintenance of markers. |
2035 | (e) Removal or replacement of markers. |
2036 | (f) Placement of markers at historic sites which shall be, |
2037 | in general, conspicuous and accessible to and easily reached by |
2038 | the public and where something associated with the person, |
2039 | historic property, event, or other subject being marked is still |
2040 | visible. |
2041 | (g) Physical placement of the markers which shall be, in |
2042 | general, conspicuous and easily reached by the public. |
2043 | Section 59. Section 272.121, Florida Statutes, is |
2044 | repealed. |
2045 | Section 60. Subsection (28) of section 282.102, Florida |
2046 | Statutes, is amended to read: |
2047 | 282.102 Creation of the State Technology Office; powers |
2048 | and duties.--There is created a State Technology Office within |
2049 | the Department of Management Services. The office shall be a |
2050 | separate budget entity, and shall be headed by a Chief |
2051 | Information Officer who is appointed by the Governor and is in |
2052 | the Senior Management Service. The Chief Information Officer |
2053 | shall be an agency head for all purposes. The Department of |
2054 | Management Services shall provide administrative support and |
2055 | service to the office to the extent requested by the Chief |
2056 | Information Officer. The office may adopt policies and |
2057 | procedures regarding personnel, procurement, and transactions |
2058 | for State Technology Office personnel. The office shall have the |
2059 | following powers, duties, and functions: |
2060 | (28) To study and make a recommendation to the Governor |
2061 | and Legislature on the feasibility of implementing online voting |
2062 | in this state. |
2063 | Section 61. Subsection (3) of section 284.50, Florida |
2064 | Statutes, is amended to read: |
2065 | 284.50 Loss prevention program; safety coordinators; |
2066 | Interagency Advisory Council on Loss Prevention; employee |
2067 | recognition program.-- |
2068 | (3) The council and each department head shall report |
2069 | annually to the Governor by January 15 preceding any regular |
2070 | legislative session any actions taken to prevent job-related |
2071 | employee accidents, together with suggestions of safeguards and |
2072 | improvements. |
2073 | Section 62. Subsection (11) of section 287.045, Florida |
2074 | Statutes, is amended to read: |
2075 | 287.045 Procurement of products and materials with |
2076 | recycled content.-- |
2077 | (11) Each agency shall report annually to the department |
2078 | its total expenditures on, and use of, products with recycled |
2079 | content and the percentage of its budget that represents |
2080 | purchases of similar products made from virgin materials. The |
2081 | department shall design a uniform reporting mechanism and |
2082 | prepare annual summaries of statewide purchases delineating |
2083 | those with recycled content to be submitted to the Governor, the |
2084 | President of the Senate, and the Speaker of the House of |
2085 | Representatives. |
2086 | Section 63. Subsection (15) of section 287.059, Florida |
2087 | Statutes, is amended to read: |
2088 | 287.059 Private attorney services.-- |
2089 | (15) The Attorney General's office may, by rule, adopt |
2090 | standard fee schedules for court reporting services for each |
2091 | judicial circuit in consultation with the Florida Court |
2092 | Reporters Association. Agencies, when contracting for court |
2093 | reporting services, must use the standard fee schedule for court |
2094 | reporting services established pursuant to this section, |
2095 | provided no state contract is applicable or unless the head of |
2096 | the agency or his or her designee waives use of the schedule and |
2097 | sets forth the reasons for deviating from the schedule in |
2098 | writing to the Attorney General. Such waiver must demonstrate |
2099 | necessity based upon criteria for deviation from the schedule |
2100 | which the Attorney General shall establish by rule. Any proposed |
2101 | fee schedule under this section shall be submitted to the |
2102 | Governor, the Speaker of the House of Representatives, the |
2103 | President of the Senate, and the Chief Justice of the Florida |
2104 | Supreme Court at least 60 days prior to publication of the |
2105 | notice to adopt the rule. |
2106 | Section 64. Subsection (10) of section 287.16, Florida |
2107 | Statutes, is amended to read: |
2108 | 287.16 Powers and duties of department.--The Department of |
2109 | Management Services shall have the following powers, duties, and |
2110 | responsibilities: |
2111 | (10) To provide the Legislature annual reports at the end |
2112 | of each calendar year concerning the utilization of all aircraft |
2113 | in the executive pool. |
2114 | Section 65. Paragraph (d) of subsection (6) of section |
2115 | 288.1045, Florida Statutes, is amended to read: |
2116 | 288.1045 Qualified defense contractor tax refund |
2117 | program.-- |
2118 | (6) ADMINISTRATION.-- |
2119 | (d) By December 1 of each year, the office shall submit a |
2120 | complete and detailed report to the Governor, the President of |
2121 | the Senate, and the Speaker of the House of Representatives of |
2122 | all tax refunds paid under this section, including analyses of |
2123 | benefits and costs, types of projects supported, employment and |
2124 | investment created, geographic distribution of tax refunds |
2125 | granted, and minority business participation. The report must |
2126 | indicate whether the moneys appropriated by the Legislature to |
2127 | the qualified applicant tax refund program were expended in a |
2128 | prudent, fiducially sound manner. |
2129 | Section 66. Subsection (7) of section 288.108, Florida |
2130 | Statutes, is amended to read: |
2131 | 288.108 High-impact business.-- |
2132 | (7) REPORTING.--The office shall by December 1 of each |
2133 | year issue a complete and detailed report of all designated |
2134 | high-impact sectors, all applications received and their |
2135 | disposition, all final orders issued, and all payments made, |
2136 | including analyses of benefits and costs, types of projects |
2137 | supported, and employment and investments created. The report |
2138 | shall be submitted to the Governor, the President of the Senate, |
2139 | and the Speaker of the House of Representatives. |
2140 | Section 67. Section 288.1185, Florida Statutes, is |
2141 | repealed. |
2142 | Section 68. Subsection (6) of section 288.1226, Florida |
2143 | Statutes, is amended to read: |
2144 | 288.1226 Florida Tourism Industry Marketing Corporation; |
2145 | use of property; board of directors; duties; audit.-- |
2146 | (6) ANNUAL AUDIT.--The corporation shall provide for an |
2147 | annual financial audit in accordance with s. 215.981. The annual |
2148 | audit report shall be submitted to the Auditor General; the |
2149 | Office of Policy Analysis and Government Accountability; and the |
2150 | Office of Tourism, Trade, and Economic Development for review. |
2151 | The Office of Program Policy Analysis and Government |
2152 | Accountability; the Office of Tourism, Trade, and Economic |
2153 | Development; and the Auditor General have the authority to |
2154 | require and receive from the corporation or from its independent |
2155 | auditor any detail or supplemental data relative to the |
2156 | operation of the corporation. The Office of Tourism, Trade, and |
2157 | Economic Development shall annually certify whether the |
2158 | corporation is operating in a manner and achieving the |
2159 | objectives that are consistent with the policies and goals of |
2160 | the commission and its long-range marketing plan. The identity |
2161 | of a donor or prospective donor to the corporation who desires |
2162 | to remain anonymous and all information identifying such donor |
2163 | or prospective donor are confidential and exempt from the |
2164 | provisions of s. 119.07(1) and s. 24(a), Art. I of the State |
2165 | Constitution. Such anonymity shall be maintained in the |
2166 | auditor's report. |
2167 | Section 69. Paragraph (e) of subsection (8) of section |
2168 | 288.1229, Florida Statutes, is amended to read: |
2169 | 288.1229 Promotion and development of sports-related |
2170 | industries and amateur athletics; direct-support organization; |
2171 | powers and duties.-- |
2172 | (8) To promote amateur sports and physical fitness, the |
2173 | direct-support organization shall: |
2174 | (e) Promote Florida as a host for national and |
2175 | international amateur athletic competitions. As part of this |
2176 | effort, the direct-support organization shall: |
2177 | 1. Assist and support Florida cities or communities |
2178 | bidding or seeking to host the Summer Olympics or Pan American |
2179 | Games. |
2180 | 2. Annually report to the Governor, the President of the |
2181 | Senate, and the Speaker of the House of Representatives on the |
2182 | status of the efforts of cities or communities bidding to host |
2183 | the Summer Olympics or Pan American Games, including, but not |
2184 | limited to, current financial and infrastructure status, |
2185 | projected financial and infrastructure needs, and |
2186 | recommendations for satisfying the unmet needs and fulfilling |
2187 | the requirements for a successful bid in any year that the |
2188 | Summer Olympics or Pan American Games are held in this state. |
2189 | Section 70. Subsection (4) of section 288.7015, Florida |
2190 | Statutes, is amended to read: |
2191 | 288.7015 Appointment of rules ombudsman; duties.--The |
2192 | Governor shall appoint a rules ombudsman, as defined in s. |
2193 | 288.703, in the Executive Office of the Governor, for |
2194 | considering the impact of agency rules on the state's citizens |
2195 | and businesses. In carrying out duties as provided by law, the |
2196 | ombudsman shall consult with Enterprise Florida, Inc., at which |
2197 | point the office may recommend to improve the regulatory |
2198 | environment of this state. The duties of the rules ombudsman are |
2199 | to: |
2200 | (4)(a) By December 1, 1997, and annually thereafter, |
2201 | submit a report to the Legislature identifying and describing |
2202 | the extent to which rules of state agencies adversely impact |
2203 | trade promotion, economic growth and diversification in Florida, |
2204 | business profitability and viability, and, in particular, the |
2205 | startup of new businesses. The report must specifically identify |
2206 | and describe those agency rules repealed or modified during each |
2207 | calendar year in order to improve the regulatory climate for |
2208 | businesses operating in this state. The report must also |
2209 | identify those proposed rules for review and possible repeal or |
2210 | modification in the next calendar year. |
2211 | (b) The report must also specifically identify and |
2212 | describe the use and impact of state economic development |
2213 | incentives on minority-owned businesses. The report must detail |
2214 | how many minority-owned businesses received state economic |
2215 | development incentives administered by the Office of Tourism, |
2216 | Trade, and Economic Development, including private activity |
2217 | bonds, and the JOBs benefit. |
2218 | Section 71. Section 288.7771, Florida Statutes, is amended |
2219 | to read: |
2220 | 288.7771 Annual report of Florida Export Finance |
2221 | Corporation.--By March 31 of each year, The corporation shall |
2222 | annually prepare and submit to Enterprise Florida, Inc., for |
2223 | inclusion in its annual report required under s. 288.095 the |
2224 | Governor, the President of the Senate, the Speaker of the House |
2225 | of Representatives, the Senate Minority Leader, and the House |
2226 | Minority Leader a complete and detailed report setting forth: |
2227 | (1) The report required in s. 288.776(3). |
2228 | (2) Its assets and liabilities at the end of its most |
2229 | recent fiscal year. |
2230 | Section 72. Subsections (8), (9), (10), and (11) of |
2231 | section 288.8175, Florida Statutes, are amended to read: |
2232 | 288.8175 Linkage institutes between postsecondary |
2233 | institutions in this state and foreign countries.-- |
2234 | (8) No later than 60 days before every regular session of |
2235 | the Legislature, the department shall present to the Speaker of |
2236 | the House of Representatives, the President of the Senate, and |
2237 | the minority leaders of the House of Representatives and the |
2238 | Senate a review of linkage institute program activity, criteria |
2239 | for their operation, accountability standards, recommended |
2240 | funding levels, and recommendations for establishing, |
2241 | maintaining, or abolishing linkage institutes. The criteria |
2242 | shall be developed in consultation with Enterprise Florida, Inc. |
2243 | The criteria must include, but need not be limited to, the |
2244 | purpose stated in subsection (2) and: |
2245 | (a) The importance of economic, political, and social ties |
2246 | between this state and the country or region. |
2247 | (b) The potential for growth and expansion of commercial, |
2248 | educational, and cultural links. |
2249 | (c) The viability of regionally oriented, rather than |
2250 | country-specific, linkages, based on historical or emerging |
2251 | regional economic or political trading blocs. |
2252 | (9) A linkage institute may not be created or funded |
2253 | except upon the recommendation of the department and except by |
2254 | amendment to this section. |
2255 |
|
2256 | (10) The department shall review and make linkage- |
2257 | institute budget requests to the Governor and the Legislature. |
2258 | State appropriations for institutes created under this section |
2259 | must be made by a single lump-sum line item to the department, |
2260 | which must apportion the funds among the various institutes in |
2261 | accordance with criteria established by the department. |
2262 | (11) Linkage institutes may also accept and administer |
2263 | moneys provided by the department for research and development |
2264 | of international trade. The department shall, by March 1, report |
2265 | to the Governor, the President of the Senate, and the Speaker of |
2266 | the House of Representatives in each year in which the |
2267 | department has provided moneys for a linkage institute. The |
2268 | report must detail the purpose of the expenditure by the |
2269 | department and the use of the moneys by the linkage institutes |
2270 | and must include a copy of the research documents or related |
2271 | materials produced, if any. |
2272 | Section 73. Subsection (5) of section 288.853, Florida |
2273 | Statutes, is amended to read: |
2274 | 288.853 International sanctions against Castro |
2275 | government.-- |
2276 | (5) Furthermore, contingent upon annual appropriation, to |
2277 | the extent covered by the report submitted by the President |
2278 | according to s. 108 of the Cuban Liberty and Democratic |
2279 | Solidarity Act of 1996, and until such time as the President |
2280 | submits a determination under s. 203(c)(1) of the Cuban Liberty |
2281 | and Democratic Solidarity Act of 1996, the Governor shall submit |
2282 | an annual report to the President of the Senate and the Speaker |
2283 | of the House of Representatives on assistance to and commerce |
2284 | with Cuba by citizens and legal residents of Florida. Each |
2285 | report shall contain: |
2286 | (a) Identification of Cuba's trading partners and the |
2287 | extent of such trade. |
2288 | (b) A description of joint ventures completed or under |
2289 | consideration by foreign nationals and business firms located in |
2290 | or doing business in Florida involving facilities in Cuba. |
2291 | (c) A determination as to whether any facilities are |
2292 | claimed by a citizen of Florida. |
2293 | (d) Steps taken to assure that raw materials and |
2294 | semifinished or finished goods produced by facilities in Cuba |
2295 | involving Cuban and/or foreign nationals or businesses are not |
2296 | entering the Florida market. |
2297 | Section 74. Subsection (5) of section 288.95155, Florida |
2298 | Statutes, is amended to read: |
2299 | 288.95155 Florida Small Business Technology Growth |
2300 | Program.-- |
2301 | (5) By January 1 of each year, Enterprise Florida, Inc., |
2302 | shall prepare and include a report on the financial status of |
2303 | the program in its annual report required under s. 288.095 and |
2304 | the account and shall submit a copy of the report to the board |
2305 | of directors of Enterprise Florida, Inc., the appropriate |
2306 | legislative committees responsible for economic development |
2307 | oversight, and the appropriate legislative appropriations |
2308 | subcommittees. The report shall specify the assets and |
2309 | liabilities of the account within the current fiscal year and |
2310 | shall include a portfolio update that lists all of the |
2311 | businesses assisted, the private dollars leveraged by each |
2312 | business assisted, and the growth in sales and in employment of |
2313 | each business assisted. |
2314 | Section 75. Paragraph (c) of subsection (4) of section |
2315 | 288.9604, Florida Statutes, is amended to read: |
2316 | 288.9604 Creation of the authority.-- |
2317 | (4) |
2318 | (c) The directors of the corporation shall annually elect |
2319 | one of their members as chair and one as vice chair. The |
2320 | corporation may employ a president, technical experts, and such |
2321 | other agents and employees, permanent and temporary, as it |
2322 | requires and determine their qualifications, duties, and |
2323 | compensation. For such legal services as it requires, the |
2324 | corporation may employ or retain its own counsel and legal |
2325 | staff. The corporation shall file with the governing body of |
2326 | each public agency with which it has entered into an interlocal |
2327 | agreement and with the Governor, the Speaker of the House of |
2328 | Representatives, the President of the Senate, the Minority |
2329 | Leaders of the Senate and House of Representatives, and the |
2330 | Auditor General, on or before 90 days after the close of the |
2331 | fiscal year of the corporation, a report of its activities for |
2332 | the preceding fiscal year, which report shall include a complete |
2333 | financial statement setting forth its assets, liabilities, |
2334 | income, and operating expenses as of the end of such fiscal |
2335 | year. |
2336 | Section 76. Section 288.9610, Florida Statutes, is amended |
2337 | to read: |
2338 | 288.9610 Annual reports of Florida Development Finance |
2339 | Corporation.--On or before 90 days after the close of By |
2340 | December 1 of each year, the Florida Development Finance |
2341 | Corporation's fiscal year, the corporation shall submit to the |
2342 | Governor, the Legislature President of the Senate, the Speaker |
2343 | of the House of Representatives, the Senate Minority Leader, the |
2344 | House Minority Leader, the Auditor General, and the governing |
2345 | body of each public entity with which it has entered into an |
2346 | interlocal agreement city or county activating the Florida |
2347 | Development Finance Corporation a complete and detailed report |
2348 | setting forth: |
2349 | (1) The results of any audit conducted pursuant to s. |
2350 | 11.45 The evaluation required in s. 11.45(3)(j). |
2351 | (2) The activities, operations, and accomplishments of the |
2352 | Florida Development Finance Corporation, including the number of |
2353 | businesses assisted by the corporation. |
2354 | (3) Its assets, and liabilities, income, and operating |
2355 | expenses at the end of its most recent fiscal year, including a |
2356 | description of all of its outstanding revenue bonds. |
2357 | Section 77. Subsection (3) of section 292.04, Florida |
2358 | Statutes, is amended to read: |
2359 | 292.04 Florida Commission on Veterans' Affairs.-- |
2360 | (3)(a) It is the duty of the commission to conduct a |
2361 | biennial survey of possible contributions that veterans or state |
2362 | organizations of veterans and their auxiliaries could make to |
2363 | the state and to report the results of the survey to the |
2364 | department together with recommendations for encouraging such |
2365 | contributions. |
2366 | (b) The commission shall work with the various veterans' |
2367 | organizations and their auxiliaries within the state and shall |
2368 | function as a liaison between such organizations and the |
2369 | department on matters pertaining to veterans. |
2370 | Section 78. Subsection (6) of section 292.05, Florida |
2371 | Statutes, is amended to read: |
2372 | 292.05 Duties of Department of Veterans' Affairs.-- |
2373 | (6) The department shall, by on December 31 of each year, |
2374 | submit make an annual written report to the Governor, the |
2375 | Cabinet, and the Legislature that shall describe: of the state, |
2376 | the Speaker of the House of Representatives, and the President |
2377 | of the Senate, which report shall show |
2378 | (a) The expenses incurred in veteran service work in the |
2379 | state; the number, nature, and kind of cases handled by the |
2380 | department and by county and city veteran service officers of |
2381 | the state; the amounts of benefits obtained for veterans; the |
2382 | names and addresses of all certified veteran service officers, |
2383 | including county and city veteran service officers. The report |
2384 | shall also describe the actions taken by the department in |
2385 | implementing subsections (4), (5), and (7) and shall contain |
2386 | such other information and recommendations as may appear to the |
2387 | department to be right and proper. |
2388 | (b) The current status of the department's domiciliary and |
2389 | nursing homes established pursuant to chapter 296, including all |
2390 | receipts and expenditures, the condition of the homes, the |
2391 | number of residents received and discharged during the preceding |
2392 | year, occupancy rates, staffing, and any other information |
2393 | necessary to providing an understanding of the management, |
2394 | conduct, and operation of the homes. |
2395 | Section 79. Section 296.16, Florida Statutes, is repealed. |
2396 | Section 80. Section 296.39, Florida Statutes, is repealed. |
2397 | Section 81. Paragraph (c) of subsection (12) of section |
2398 | 315.03, Florida Statutes, is amended to read: |
2399 | 315.03 Grant of powers.--Each unit is hereby authorized |
2400 | and empowered: |
2401 | (12) |
2402 | (c) The Legislature shall review the loan program |
2403 | established pursuant to this subsection during the 2004 Regular |
2404 | Session of the Legislature. |
2405 | Section 82. Subsection (2) of section 319.324, Florida |
2406 | Statutes, is amended to read: |
2407 | 319.324 Odometer fraud prevention and detection; |
2408 | funding.-- |
2409 | (2) Moneys deposited into the Highway Safety Operating |
2410 | Trust Fund under this section shall be used to implement and |
2411 | maintain efforts by the department to prevent and detect |
2412 | odometer fraud, including the prompt investigation of alleged |
2413 | instances of odometer mileage discrepancies reported by licensed |
2414 | motor vehicle dealers, auctions, or purchasers of motor |
2415 | vehicles. Such moneys shall also be used to fund an annual |
2416 | report to the Legislature by the Department of Highway Safety |
2417 | and Motor Vehicles, summarizing the department's investigations |
2418 | and findings. In addition, moneys deposited into the fund may be |
2419 | used by the department for general operations. |
2420 | Section 83. Section 322.181, Florida Statutes, is amended |
2421 | to read: |
2422 | 322.181 Advisory council on the Study of effects of aging |
2423 | on driving ability; advisory council.-- |
2424 | (1) The Department of Highway Safety and Motor Vehicles |
2425 | shall study the effects of aging on driving ability. The purpose |
2426 | of the study is to develop a comprehensive approach to licensing |
2427 | drivers. |
2428 | (2) Issues to be studied by the department shall include |
2429 | the: |
2430 | (a) Effective and efficient identification of drivers at |
2431 | risk of being involved in a motor vehicle accident because of |
2432 | functional limitations that affect their driving ability; |
2433 | (b) Prevalence and effect of degenerative processes |
2434 | affecting vision, hearing, mobility, cognitive functions, and |
2435 | reaction time; |
2436 | (c) Implementation and effect of the department's vision |
2437 | screening requirements and examination of new technologies; |
2438 | (d) Availability and effectiveness of remedial measures |
2439 | such as skills training, adaptive equipment, physical therapy, |
2440 | and adjustment of driving practices that will allow people to |
2441 | drive safely for as long as possible; |
2442 | (e) Availability of alternative forms of transportation |
2443 | for people who can no longer safely drive; and |
2444 | (f) Effectiveness of existing public education initiatives |
2445 | relating to at-risk drivers. |
2446 | (3) The department shall report the results of the study |
2447 | to the President of the Senate and the Speaker of the House of |
2448 | Representatives by February 1, 2004. The report shall include |
2449 | findings of the study and recommendations for improving the |
2450 | safety of at-risk drivers. |
2451 | (4) The department shall appoint an advisory council to |
2452 | participate in the study and to advise the department on issues |
2453 | related to older at-risk drivers on an ongoing basis. The |
2454 | council shall be known as the Florida At-Risk Driver Council. |
2455 | Members of the council shall include representatives of |
2456 | organizations involved with issues facing older drivers |
2457 | including state agencies, medical professionals, senior citizen |
2458 | advocacy groups, providers of services to senior citizens, and |
2459 | research entities. |
2460 | Section 84. Paragraph (c) of subsection (7) of section |
2461 | 322.251, Florida Statutes, is amended to read: |
2462 | 322.251 Notice of cancellation, suspension, revocation, or |
2463 | disqualification of license.-- |
2464 | (7) |
2465 | (c) The Department of Highway Safety and Motor Vehicles |
2466 | and the Department of Law Enforcement shall develop and |
2467 | implement a plan to ensure the identification of any person who |
2468 | is the subject of an outstanding warrant or capias for passing |
2469 | worthless bank checks and to ensure the identification of the |
2470 | person's driver's license record. |
2471 | Section 85. Subsections (4) and (11) of section 365.171, |
2472 | Florida Statutes, are amended to read: |
2473 | 365.171 Emergency telephone number "911."-- |
2474 | (4) STATE PLAN.--The office shall develop a statewide |
2475 | emergency telephone number "911" system plan. The plan shall |
2476 | provide for: |
2477 | (a) The establishment of the public agency emergency |
2478 | telephone communications requirements for each entity of local |
2479 | government in the state. |
2480 | (b) A system to meet specific local government |
2481 | requirements. Such system shall include law enforcement, |
2482 | firefighting, and emergency medical services and may include |
2483 | other emergency services such as poison control, suicide |
2484 | prevention, and emergency management services. |
2485 | (c) Identification of the mutual aid agreements necessary |
2486 | to obtain an effective "911" system. |
2487 | (d) A funding provision which shall identify the cost |
2488 | necessary to implement the "911" system. |
2489 | (e) A firm implementation schedule which shall include the |
2490 | installation of the "911" system in a local community within 24 |
2491 | months after the designated agency of the local government gives |
2492 | a firm order to the telephone utility for a "911" system. |
2493 |
|
2494 | The office shall be responsible for the implementation and |
2495 | coordination of the such plan and. The office shall adopt any |
2496 | necessary rules and schedules related to public agencies for the |
2497 | purpose of implementing and coordinating the such plan, pursuant |
2498 | to chapter 120. The public agency designated in the plan shall |
2499 | order such system within 6 months after publication date of the |
2500 | plan if the public agency is in receipt of funds appropriated by |
2501 | the Legislature for the implementation and maintenance of the |
2502 | "911" system. Any jurisdiction which has utilized local funding |
2503 | as of July 1, 1976, to begin the implementation of the state |
2504 | plan as set forth in this section shall be eligible for at least |
2505 | a partial reimbursement of its direct cost when, and if, state |
2506 | funds are available for such reimbursement. |
2507 | (11) EXISTING EMERGENCY TELEPHONE SERVICE.--Any emergency |
2508 | telephone number established by any local government or state |
2509 | agency prior to July 1, 1974, using a number other than "911" |
2510 | shall be changed to "911" on the same implementation schedule |
2511 | provided in paragraph (4)(e). |
2512 | Section 86. Paragraph (d) of subsection (6) of section |
2513 | 365.172, Florida Statutes, is amended to read: |
2514 | 365.172 Wireless emergency telephone number "E911."-- |
2515 | (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.-- |
2516 | (d) By February 28, 2001, the board shall undertake and |
2517 | complete a study for submission by the office to the Governor, |
2518 | the President of the Senate, and the Speaker of the House of |
2519 | Representatives which addresses: |
2520 | 1. The total amount of E911 fee revenues collected by each |
2521 | provider, the total amount of expenses incurred by each provider |
2522 | to comply with the order, and the amount of moneys on deposit in |
2523 | the fund, all as of December 1, 2000. |
2524 | 2. Whether the amount of the E911 fee and the allocation |
2525 | percentages set forth in s. 365.173 should be adjusted to comply |
2526 | with the requirements of the order, and, if so, a recommended |
2527 | adjustment to the E911 fee. |
2528 | 3. Any other issues related to providing wireless E911 |
2529 | services. |
2530 | Section 87. Paragraph (a) of subsection (2) of section |
2531 | 365.173, Florida Statutes, is amended to read: |
2532 | 365.173 Wireless Emergency Telephone System Fund.-- |
2533 | (2) Subject to any modifications approved by the board |
2534 | pursuant to s. 365.172(8)(c), the moneys in the fund shall be |
2535 | distributed and used only as follows: |
2536 | (a) Forty-four percent of the moneys shall be distributed |
2537 | each month to counties, based on the total number of wireless |
2538 | subscriber billing addresses in each county, for payment of: |
2539 | 1. Recurring costs of providing 911 or E911 service, as |
2540 | provided by s. 365.171(12)(13)(a)6. |
2541 | 2. Costs to comply with the requirements for E911 service |
2542 | contained in the order and any future rules related to the |
2543 | order. |
2544 |
|
2545 | A county may carry forward, for up to 3 successive calendar |
2546 | years, up to 30 percent of the total funds disbursed to the |
2547 | county by the board during a calendar year for expenditures for |
2548 | capital outlay, capital improvements, or equipment replacement, |
2549 | if such expenditures are made for the purposes specified in this |
2550 | paragraph. |
2551 |
|
2552 | The Legislature recognizes that the wireless E911 fee authorized |
2553 | under s. 365.172 will not necessarily provide the total funding |
2554 | required for establishing or providing the 911 service. It is |
2555 | the intent of the Legislature that all revenue from the fee be |
2556 | used as specified in s. 365.171(13)(a)6. |
2557 | Section 88. Subsection (4) of section 366.82, Florida |
2558 | Statutes, is amended to read: |
2559 | 366.82 Definition; goals; plans; programs; annual reports; |
2560 | energy audits.-- |
2561 | (4) The commission shall require periodic reports from |
2562 | each utility and shall provide the Legislature and the Governor |
2563 | with an annual report by March 1 of the goals it has adopted and |
2564 | its progress toward meeting those goals. The commission shall |
2565 | also consider the performance of each utility pursuant to ss. |
2566 | 366.80-366.85 and 403.519 when establishing rates for those |
2567 | utilities over which the commission has ratesetting authority. |
2568 | Section 89. Subsections (5) and (7) of section 369.22, |
2569 | Florida Statutes, are amended to read: |
2570 | 369.22 Nonindigenous aquatic plant control.-- |
2571 | (5) When state funds are involved, or when waters of state |
2572 | responsibility are involved, it is the duty of the department to |
2573 | guide, review, approve, and coordinate the activities of all |
2574 | public bodies, authorities, state agencies, units of local or |
2575 | county government, commissions, districts, and special districts |
2576 | engaged in operations to maintain, control, or eradicate |
2577 | nonindigenous aquatic plants, except for activities involving |
2578 | biological control programs using fish as the control agent. The |
2579 | department may delegate all or part of such functions to any |
2580 | appropriate state agency, special district, unit of local or |
2581 | county government, commission, authority, or other public body. |
2582 | However, special attention shall be given to the keeping of |
2583 | accounting and cost data in order to prepare the annual fiscal |
2584 | report required in subsection (7). |
2585 | (7) The department shall prepare submit an annual report |
2586 | on the status of the nonindigenous aquatic plant maintenance |
2587 | program that shall be published on the department's Internet |
2588 | website to the President of the Senate, the Speaker of the House |
2589 | of Representatives, and the Governor and Cabinet by January 1 of |
2590 | the following year. This report shall include a statement of the |
2591 | degree of maintenance control achieved by individual |
2592 | nonindigenous aquatic plant species in the intercounty waters of |
2593 | each of the water management districts for the preceding county |
2594 | fiscal year, together with an analysis of the costs of achieving |
2595 | this degree of control. This cost accounting shall include the |
2596 | expenditures by all governmental agencies in the waters of state |
2597 | responsibility. If the level of maintenance control achieved |
2598 | falls short of that which is deemed adequate by the department, |
2599 | then the report shall include an estimate of the additional |
2600 | funding that would have been required to achieve this level of |
2601 | maintenance control. All measures of maintenance program |
2602 | achievement and the related cost shall be presented by water |
2603 | management districts so that comparisons may be made among the |
2604 | water management districts, as well as with the state as a |
2605 | whole. |
2606 | Section 90. Subsection (8) of section 370.26, Florida |
2607 | Statutes, is amended to read: |
2608 | 370.26 Aquaculture definitions; marine aquaculture |
2609 | products, producers, and facilities.-- |
2610 | (8) The Fish and Wildlife Conservation Commission shall |
2611 | provide assistance to the Department of Agriculture and Consumer |
2612 | Services in the development of an aquaculture plan for the |
2613 | state. |
2614 | Section 91. Subsection (2) of section 372.5712, Florida |
2615 | Statutes, is amended to read: |
2616 | 372.5712 Florida waterfowl permit revenues.-- |
2617 | (2) The intent of this section is to expand waterfowl |
2618 | research and management and increase waterfowl populations in |
2619 | the state without detracting from other programs. The commission |
2620 | shall prepare and make available on its Internet website an |
2621 | annual report documenting the use of funds generated under the |
2622 | provisions of this section, to be submitted to the Governor, the |
2623 | Speaker of the House of Representatives, and the President of |
2624 | the Senate on or before September 1 of each year. |
2625 | Section 92. Subsection (2) of section 372.5715, Florida |
2626 | Statutes, is amended to read: |
2627 | 372.5715 Florida wild turkey permit revenues.-- |
2628 | (2) The intent of this section is to expand wild turkey |
2629 | research and management and to increase wild turkey populations |
2630 | in the state without detracting from other programs. The |
2631 | commission shall prepare and make available on its Internet |
2632 | website an annual report documenting the use of funds generated |
2633 | under the provisions of this section, to be submitted to the |
2634 | Governor, the Speaker of the House of Representatives, and the |
2635 | President of the Senate on or before September 1 of each year. |
2636 | Section 93. Section 372.673, Florida Statutes, is |
2637 | repealed. |
2638 | Section 94. Section 372.674, Florida Statutes, is |
2639 | repealed. |
2640 | Section 95. Paragraph (d) of subsection (2) of section |
2641 | 372.672, Florida Statutes, is amended to read: |
2642 | 372.672 Florida Panther Research and Management Trust |
2643 | Fund.-- |
2644 | (2) Money from the fund shall be spent only for the |
2645 | following purposes: |
2646 | (d) To fund and administer education programs authorized |
2647 | in s. 372.674. |
2648 | Section 96. Section 373.0391, Florida Statutes, is amended |
2649 | to read: |
2650 | 373.0391 Technical Assistance to local governments.-- |
2651 | (1) The water management districts shall assist local |
2652 | governments in the development and future revision of local |
2653 | government comprehensive plan elements or public facilities |
2654 | report as required by s. 189.415, related to water resource |
2655 | issues. |
2656 | (2) By July 1, 1991, each water management district shall |
2657 | prepare and provide information and data to assist local |
2658 | governments in the preparation and implementation of their local |
2659 | government comprehensive plans or public facilities report as |
2660 | required by s. 189.415, whichever is applicable. Such |
2661 | information and data shall include, but not be limited to: |
2662 | (a) All information and data required in a public |
2663 | facilities report pursuant to s. 189.415. |
2664 | (b) A description of regulations, programs, and schedules |
2665 | implemented by the district. |
2666 | (c) Identification of regulations, programs, and schedules |
2667 | undertaken or proposed by the district to further the State |
2668 | Comprehensive Plan. |
2669 | (d) A description of surface water basins, including |
2670 | regulatory jurisdictions, flood-prone areas, existing and |
2671 | projected water quality in water management district operated |
2672 | facilities, as well as surface water runoff characteristics and |
2673 | topography regarding flood plains, wetlands, and recharge areas. |
2674 | (e) A description of groundwater characteristics, |
2675 | including existing and planned wellfield sites, existing and |
2676 | anticipated cones of influence, highly productive groundwater |
2677 | areas, aquifer recharge areas, deep well injection zones, |
2678 | contaminated areas, an assessment of regional water resource |
2679 | needs and sources for the next 20 years, and water quality. |
2680 | (f) The identification of existing and potential water |
2681 | management district land acquisitions. |
2682 | (g) Information reflecting the minimum flows for surface |
2683 | watercourses to avoid harm to water resources or the ecosystem |
2684 | and information reflecting the minimum water levels for aquifers |
2685 | to avoid harm to water resources or the ecosystem. |
2686 | Section 97. Subsection (4) of section 373.046, Florida |
2687 | Statutes, is amended to read: |
2688 | 373.046 Interagency agreements.-- |
2689 | (4) The Legislature recognizes and affirms the division of |
2690 | responsibilities between the department and the water management |
2691 | districts as set forth in ss. III. and X. of each of the |
2692 | operating agreements codified as rules 17-101.040(12)(a)3., 4., |
2693 | and 5., Florida Administrative Code. Section IV.A.2.a. of each |
2694 | operating agreement regarding individual permit oversight is |
2695 | rescinded. The department shall be responsible for permitting |
2696 | those activities under part IV of this chapter which, because of |
2697 | their complexity and magnitude, need to be economically and |
2698 | efficiently evaluated at the state level, including, but not |
2699 | limited to, mining, hazardous waste management facilities and |
2700 | solid waste management facilities that do not qualify for a |
2701 | general permit under chapter 403. With regard to |
2702 | postcertification information submittals for activities |
2703 | authorized under chapters 341 and 403 siting act certifications, |
2704 | the department, after consultation with the appropriate water |
2705 | management district and other agencies having applicable |
2706 | regulatory jurisdiction, shall be responsible for determining |
2707 | the permittee's compliance with conditions of certification |
2708 | which were based upon the nonprocedural requirements of part IV |
2709 | of this chapter. The Legislature authorizes the water management |
2710 | districts and the department to modify the division of |
2711 | responsibilities referenced in this section and enter into |
2712 | further interagency agreements by rulemaking, including |
2713 | incorporation by reference, pursuant to chapter 120, to provide |
2714 | for greater efficiency and to avoid duplication in the |
2715 | administration of part IV of this chapter by designating certain |
2716 | activities which will be regulated by either the water |
2717 | management districts or the department. In developing such |
2718 | interagency agreements, the water management districts and the |
2719 | department should take into consideration the technical and |
2720 | fiscal ability of each water management district to implement |
2721 | all or some of the provisions of part IV of this chapter. |
2722 | Nothing herein rescinds or restricts the authority of the |
2723 | districts to regulate silviculture and agriculture pursuant to |
2724 | part IV of this chapter or s. 403.927. By December 10, 1993, the |
2725 | secretary of the department shall submit a report to the |
2726 | President of the Senate and the Speaker of the House of |
2727 | Representatives regarding the efficiency of the procedures and |
2728 | the division of responsibilities contemplated by this subsection |
2729 | and regarding progress toward the execution of further |
2730 | interagency agreements and the integration of permitting with |
2731 | sovereignty lands approval. The report also will consider the |
2732 | feasibility of improving the protection of the environment |
2733 | through comprehensive criteria for protection of natural |
2734 | systems. |
2735 | Section 98. Paragraph (f) of subsection (1) of section |
2736 | 373.1963, Florida Statutes, is amended to read: |
2737 | 373.1963 Assistance to West Coast Regional Water Supply |
2738 | Authority.-- |
2739 | (1) It is the intent of the Legislature to authorize the |
2740 | implementation of changes in governance recommended by the West |
2741 | Coast Regional Water Supply Authority in its reports to the |
2742 | Legislature dated February 1, 1997, and January 5, 1998. The |
2743 | authority and its member governments may reconstitute the |
2744 | authority's governance and rename the authority under a |
2745 | voluntary interlocal agreement with a term of not less than 20 |
2746 | years. The interlocal agreement must comply with this subsection |
2747 | as follows: |
2748 | (f) Upon execution of the voluntary interlocal agreement |
2749 | provided for herein, the authority shall jointly develop with |
2750 | the Southwest Florida Water Management District alternative |
2751 | sources of potable water and transmission pipelines to |
2752 | interconnect regionally significant water supply sources and |
2753 | facilities of the authority in amounts sufficient to meet the |
2754 | needs of all member governments for a period of at least 20 |
2755 | years and for natural systems. Nothing herein, however, shall |
2756 | preclude the authority and its member governments from |
2757 | developing traditional water sources pursuant to the voluntary |
2758 | interlocal agreement. Development and construction costs for |
2759 | alternative source facilities, which may include a desalination |
2760 | facility and significant regional interconnects, must be borne |
2761 | as mutually agreed to by both the authority and the Southwest |
2762 | Florida Water Management District. Nothing herein shall preclude |
2763 | authority or district cost sharing with private entities for the |
2764 | construction or ownership of alternative source facilities. By |
2765 | December 31, 1997, the authority and the Southwest Florida Water |
2766 | Management District shall: |
2767 | 1. Enter into a mutually acceptable agreement detailing |
2768 | the development and implementation of directives contained in |
2769 | this paragraph; or |
2770 | 2. Jointly prepare and submit to the President of the |
2771 | Senate and the Speaker of the House of Representatives a report |
2772 | describing the progress made and impediments encountered in |
2773 | their attempts to implement the water resource development and |
2774 | water supply development directives contained in this paragraph. |
2775 |
|
2776 | Nothing in this section shall be construed to modify the rights |
2777 | or responsibilities of the authority or its member governments, |
2778 | except as otherwise provided herein, or of the Southwest Florida |
2779 | Water Management District or the department pursuant to this |
2780 | chapter or chapter 403 and as otherwise set forth by statutes. |
2781 | Section 99. Subsection (14) of section 376.121, Florida |
2782 | Statutes, is amended to read: |
2783 | 376.121 Liability for damage to natural resources.--The |
2784 | Legislature finds that extensive damage to the state's natural |
2785 | resources is the likely result of a pollutant discharge and that |
2786 | it is essential that the state adequately assess and recover the |
2787 | cost of such damage from responsible parties. It is the state's |
2788 | goal to recover the costs of restoration from the responsible |
2789 | parties and to restore damaged natural resources to their |
2790 | predischarge condition. In many instances, however, restoration |
2791 | is not technically feasible. In such instances, the state has |
2792 | the responsibility to its citizens to recover the cost of all |
2793 | damage to natural resources. To ensure that the public does not |
2794 | bear a substantial loss as a result of the destruction of |
2795 | natural resources, the procedures set out in this section shall |
2796 | be used to assess the cost of damage to such resources. Natural |
2797 | resources include coastal waters, wetlands, estuaries, tidal |
2798 | flats, beaches, lands adjoining the seacoasts of the state, and |
2799 | all living things except human beings. The Legislature |
2800 | recognizes the difficulty historically encountered in |
2801 | calculating the value of damaged natural resources. The value of |
2802 | certain qualities of the state's natural resources is not |
2803 | readily quantifiable, yet the resources and their qualities have |
2804 | an intrinsic value to the residents of the state, and any damage |
2805 | to natural resources and their qualities should not be dismissed |
2806 | as nonrecoverable merely because of the difficulty in |
2807 | quantifying their value. In order to avoid unnecessary |
2808 | speculation and expenditure of limited resources to determine |
2809 | these values, the Legislature hereby establishes a schedule for |
2810 | compensation for damage to the state's natural resources and the |
2811 | quality of said resources. |
2812 | (14) The department must review the amount of compensation |
2813 | assessed pursuant to the damage assessment formula established |
2814 | in this section and report its findings to the 1995 Legislature. |
2815 | Thereafter, the department must conduct such a review and report |
2816 | its findings to the Legislature biennially. |
2817 | Section 100. Section 376.17, Florida Statutes, is |
2818 | repealed. |
2819 | Section 101. Subsection (5) of section 376.30713, Florida |
2820 | Statutes, is amended to read: |
2821 | 376.30713 Preapproved advanced cleanup.-- |
2822 | (5) By December 31, 1998, the department shall submit a |
2823 | report to the Governor, the President of the Senate, and the |
2824 | Speaker of the House of Representatives on the progress and |
2825 | level of activity under the provisions of this section. The |
2826 | report shall include the following information: |
2827 | (a) A list of sites under a preapproved advanced cleanup |
2828 | contract, to be identified by the facility number. |
2829 | (b) The total number of preapproved advanced cleanup |
2830 | applications submitted to the department. |
2831 | (c) The priority ranking scores of each participating |
2832 | site. |
2833 | (d) The total amount of contract work authorized and |
2834 | conducted for each site and the percentage and amount of cost |
2835 | share. |
2836 | (e) The total revenues received under the provisions of |
2837 | this section. |
2838 | (f) The annual costs of administering the provisions of |
2839 | this section. |
2840 | (g) The recommended annual budget for the provisions of |
2841 | this section. |
2842 | Section 102. Paragraph (f) of subsection (3) of section |
2843 | 377.703, Florida Statutes, is amended to read: |
2844 | 377.703 Additional functions of the Department of |
2845 | Environmental Protection; energy emergency contingency plan; |
2846 | federal and state conservation programs.-- |
2847 | (3) DEPARTMENT OF ENVIRONMENTAL PROTECTION; DUTIES.--The |
2848 | Department of Environmental Protection shall, in addition to |
2849 | assuming the duties and responsibilities provided by ss. 20.255 |
2850 | and 377.701, perform the following functions consistent with the |
2851 | development of a state energy policy: |
2852 | (f) The department shall make a report, as requested by |
2853 | the Governor or the Legislature, reflecting its activities and |
2854 | making recommendations of policies for improvement of the |
2855 | state's response to energy supply and demand and its effect on |
2856 | the health, safety, and welfare of the people of Florida. The |
2857 | report shall include a report from the Florida Public Service |
2858 | Commission on electricity and natural gas and information on |
2859 | energy conservation programs conducted and under way in the past |
2860 | year and shall include recommendations for energy conservation |
2861 | programs for the state, including, but not limited to, the |
2862 | following factors: |
2863 | 1. Formulation of specific recommendations for improvement |
2864 | in the efficiency of energy utilization in governmental, |
2865 | residential, commercial, industrial, and transportation sectors. |
2866 | 2. Collection and dissemination of information relating to |
2867 | energy conservation. |
2868 | 3. Development and conduct of educational and training |
2869 | programs relating to energy conservation. |
2870 | 4. An analysis of the ways in which state agencies are |
2871 | seeking to implement s. 377.601(4), the state energy policy, and |
2872 | recommendations for better fulfilling this policy. |
2873 | Section 103. Paragraph (a) of subsection (2) of section |
2874 | 380.06, Florida Statutes, is amended to read: |
2875 | 380.06 Developments of regional impact.-- |
2876 | (2) STATEWIDE GUIDELINES AND STANDARDS.-- |
2877 | (a) The state land planning agency shall recommend to the |
2878 | Administration Commission specific statewide guidelines and |
2879 | standards for adoption pursuant to this subsection. The |
2880 | Administration Commission shall by rule adopt statewide |
2881 | guidelines and standards to be used in determining whether |
2882 | particular developments shall undergo development-of-regional- |
2883 | impact review. The statewide guidelines and standards previously |
2884 | adopted by the Administration Commission and approved by the |
2885 | Legislature shall remain in effect unless revised pursuant to |
2886 | this section or superseded by other provisions of law. Revisions |
2887 | to the present statewide guidelines and standards, after |
2888 | adoption by the Administration Commission, shall be transmitted |
2889 | on or before March 1 to the President of the Senate and the |
2890 | Speaker of the House of Representatives for presentation at the |
2891 | next regular session of the Legislature. Unless approved by law |
2892 | by the Legislature, the revisions to the present guidelines and |
2893 | standards shall not become effective. |
2894 | Section 104. Subsection (3) of section 380.0677, Florida |
2895 | Statutes, is amended to read: |
2896 | 380.0677 Green Swamp Land Authority.-- |
2897 | (3) POWERS; BUDGET; GOVERNOR'S APPROVAL OF PROPOSED |
2898 | ACQUISITIONS.--The Green Swamp Land Authority shall have all the |
2899 | powers pursuant to s. 380.0666, except that it may not issue |
2900 | bonds and must annually submit its budget to the Governor and |
2901 | the Legislature for review. In addition, the authority must |
2902 | annually submit a list of proposed acquisitions to the Governor |
2903 | for review and approval. The Governor may remove proposed |
2904 | acquisitions from the list, with cause, if the Governor |
2905 | determines such acquisitions would not further the mission of |
2906 | the authority. By September 5 of the fiscal year in which the |
2907 | authority's budget is submitted, the chairpersons of the |
2908 | appropriations committees of the Senate and the House of |
2909 | Representatives may transmit to the Governor and the authority |
2910 | comments on and objections to the proposed budget. The Governor |
2911 | shall respond in writing to the comments and objections. |
2912 | Section 105. Paragraph (b) of subsection (11) of section |
2913 | 259.041, Florida Statutes, is amended to read: |
2914 | 259.041 Acquisition of state-owned lands for preservation, |
2915 | conservation, and recreation purposes.-- |
2916 | (11) |
2917 | (b) All project applications shall identify, within their |
2918 | acquisition plans, those projects which require a full fee |
2919 | simple interest to achieve the public policy goals, together |
2920 | with the reasons full title is determined to be necessary. The |
2921 | state agencies and the water management districts may use |
2922 | alternatives to fee simple acquisition to bring the remaining |
2923 | projects in their acquisition plans under public protection. For |
2924 | the purposes of this subsection, the term "alternatives to fee |
2925 | simple acquisition" includes, but is not limited to: purchase of |
2926 | development rights; obtaining conservation easements; obtaining |
2927 | flowage easements; purchase of timber rights, mineral rights, or |
2928 | hunting rights; purchase of agricultural interests or |
2929 | silvicultural interests; entering into land protection |
2930 | agreements as defined in s. 380.0677(3)(4); fee simple |
2931 | acquisitions with reservations; creating life estates; or any |
2932 | other acquisition technique which achieves the public policy |
2933 | goals listed in paragraph (a). It is presumed that a private |
2934 | landowner retains the full range of uses for all the rights or |
2935 | interests in the landowner's land which are not specifically |
2936 | acquired by the public agency. The lands upon which hunting |
2937 | rights are specifically acquired pursuant to this paragraph |
2938 | shall be available for hunting in accordance with the management |
2939 | plan or hunting regulations adopted by the Florida Fish and |
2940 | Wildlife Conservation Commission, unless the hunting rights are |
2941 | purchased specifically to protect activities on adjacent lands. |
2942 | Section 106. Paragraph (c) of subsection (3) of section |
2943 | 259.101, Florida Statutes, is amended to read: |
2944 | 259.101 Florida Preservation 2000 Act.-- |
2945 | (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the |
2946 | costs of issuance, the costs of funding reserve accounts, and |
2947 | other costs with respect to the bonds, the proceeds of bonds |
2948 | issued pursuant to this act shall be deposited into the Florida |
2949 | Preservation 2000 Trust Fund created by s. 375.045. In fiscal |
2950 | year 2000-2001, for each Florida Preservation 2000 program |
2951 | described in paragraphs (a)-(g), that portion of each program's |
2952 | total remaining cash balance which, as of June 30, 2000, is in |
2953 | excess of that program's total remaining appropriation balances |
2954 | shall be redistributed by the department and deposited into the |
2955 | Save Our Everglades Trust Fund for land acquisition. For |
2956 | purposes of calculating the total remaining cash balances for |
2957 | this redistribution, the Florida Preservation 2000 Series 2000 |
2958 | bond proceeds, including interest thereon, and the fiscal year |
2959 | 1999-2000 General Appropriations Act amounts shall be deducted |
2960 | from the remaining cash and appropriation balances, |
2961 | respectively. The remaining proceeds shall be distributed by the |
2962 | Department of Environmental Protection in the following manner: |
2963 | (c) Ten percent to the Department of Community Affairs to |
2964 | provide land acquisition grants and loans to local governments |
2965 | through the Florida Communities Trust pursuant to part III of |
2966 | chapter 380. From funds allocated to the trust, $3 million |
2967 | annually shall be used by the Division of State Lands within the |
2968 | Department of Environmental Protection to implement the Green |
2969 | Swamp Land Protection Initiative specifically for the purchase |
2970 | of conservation easements, as defined in s. 380.0677(3)(4), of |
2971 | lands, or severable interests or rights in lands, in the Green |
2972 | Swamp Area of Critical State Concern. From funds allocated to |
2973 | the trust, $3 million annually shall be used by the Monroe |
2974 | County Comprehensive Plan Land Authority specifically for the |
2975 | purchase of any real property interest in either those lands |
2976 | subject to the Rate of Growth Ordinances adopted by local |
2977 | governments in Monroe County or those lands within the boundary |
2978 | of an approved Conservation and Recreation Lands project located |
2979 | within the Florida Keys or Key West Areas of Critical State |
2980 | Concern; however, title to lands acquired within the boundary of |
2981 | an approved Conservation and Recreation Lands project may, in |
2982 | accordance with an approved joint acquisition agreement, vest in |
2983 | the Board of Trustees of the Internal Improvement Trust Fund. Of |
2984 | the remaining funds allocated to the trust after the above |
2985 | transfers occur, one-half shall be matched by local governments |
2986 | on a dollar-for-dollar basis. To the extent allowed by federal |
2987 | requirements for the use of bond proceeds, the trust shall |
2988 | expend Preservation 2000 funds to carry out the purposes of part |
2989 | III of chapter 380. |
2990 |
|
2991 | Local governments may use federal grants or loans, private |
2992 | donations, or environmental mitigation funds, including |
2993 | environmental mitigation funds required pursuant to s. 338.250, |
2994 | for any part or all of any local match required for the purposes |
2995 | described in this subsection. Bond proceeds allocated pursuant |
2996 | to paragraph (c) may be used to purchase lands on the priority |
2997 | lists developed pursuant to s. 259.035. Title to lands purchased |
2998 | pursuant to paragraphs (a), (d), (e), (f), and (g) shall be |
2999 | vested in the Board of Trustees of the Internal Improvement |
3000 | Trust Fund. Title to lands purchased pursuant to paragraph (c) |
3001 | may be vested in the Board of Trustees of the Internal |
3002 | Improvement Trust Fund. The board of trustees shall hold title |
3003 | to land protection agreements and conservation easements that |
3004 | were or will be acquired pursuant to s. 380.0677, and the |
3005 | Southwest Florida Water Management District and the St. Johns |
3006 | River Water Management District shall monitor such agreements |
3007 | and easements within their respective districts until the state |
3008 | assumes this responsibility. |
3009 | Section 107. Subsection (3) of section 381.0011, Florida |
3010 | Statutes, is amended to read: |
3011 | 381.0011 Duties and powers of the Department of |
3012 | Health.--It is the duty of the Department of Health to: |
3013 | (3) Include in the department's strategic plan developed |
3014 | under s. 186.021 a summary of all aspects of the public health |
3015 | mission and health status objectives to direct the use of public |
3016 | health resources with an emphasis on prevention. |
3017 | Section 108. Section 381.0036, Florida Statutes, is |
3018 | repealed. |
3019 | Section 109. Section 381.731, Florida Statutes, is |
3020 | repealed. |
3021 | Section 110. Section 381.732, Florida Statutes, is amended |
3022 | to read: |
3023 | 381.732 Short title; Healthy Communities, Healthy People |
3024 | Act.--This section and ss. 381.733 and 381.734 Sections 381.731- |
3025 | 381.731-381.734 may be cited as the "Healthy Communities, |
3026 | Healthy People Act." |
3027 | Section 111. Section 381.733, Florida Statutes, is amended |
3028 | to read: |
3029 | 381.733 Definitions relating to Healthy Communities, |
3030 | Healthy People Act.--As used in ss. 381.732-381.734 381.731- |
3031 | 381.731-381.734, the term: |
3032 | (1) "Department" means the Department of Health. |
3033 | (2) "Primary prevention" means interventions directed |
3034 | toward healthy populations with a focus on avoiding disease |
3035 | prior to its occurrence. |
3036 | (3) "Secondary prevention" means interventions designed to |
3037 | promote the early detection and treatment of diseases and to |
3038 | reduce the risks experienced by at-risk populations. |
3039 | (4) "Tertiary prevention" means interventions directed at |
3040 | rehabilitating and minimizing the effects of disease in a |
3041 | chronically ill population. |
3042 | Section 112. Section 381.795, Florida Statutes, is amended |
3043 | to read: |
3044 | 381.795 Long-term community-based supports.--The |
3045 | department shall, contingent upon specific appropriations for |
3046 | these purposes, establish: |
3047 | (1) Study the long-term needs for community-based supports |
3048 | and services for individuals who have sustained traumatic brain |
3049 | or spinal cord injuries. The purpose of this study is to prevent |
3050 | inappropriate residential and institutional placement of these |
3051 | individuals, and promote placement in the most cost effective |
3052 | and least restrictive environment. Any placement recommendations |
3053 | for these individuals shall ensure full utilization of and |
3054 | collaboration with other state agencies, programs, and community |
3055 | partners. This study shall be submitted to the Governor, the |
3056 | President of the Senate, and the Speaker of the House of |
3057 | Representatives not later than December 31, 2000. |
3058 | (2) Based upon the results of this study, establish a plan |
3059 | for the implementation of a program of long-term community-based |
3060 | supports and services for individuals who have sustained |
3061 | traumatic brain or spinal cord injuries who may be subject to |
3062 | inappropriate residential and institutional placement as a |
3063 | direct result of such injuries. |
3064 | (1)(a) The program shall be payor of last resort for |
3065 | program services, and expenditures for such services shall be |
3066 | considered funded services for purposes of s. 381.785; however, |
3067 | notwithstanding s. 381.79(5), proceeds resulting from this |
3068 | section subsection shall be used solely for this program. |
3069 | (2)(b) The department shall create, by rule, procedures to |
3070 | ensure, that in the event the program is unable to directly or |
3071 | indirectly provide such services to all eligible individuals due |
3072 | to lack of funds, those individuals most at risk to suffer the |
3073 | greatest harm from an imminent inappropriate residential or |
3074 | institutional placement are served first. |
3075 | (3)(c) Every applicant or recipient of the long-term |
3076 | community-based supports and services program shall have been a |
3077 | resident of the state for 1 year immediately preceding |
3078 | application and be a resident of the state at the time of |
3079 | application. |
3080 | (4)(d) The department shall adopt rules pursuant to ss. |
3081 | 120.536(1) and 120.54 to implement the provision of this section |
3082 | subsection. |
3083 | Section 113. Paragraph (a) of subsection (7) of section |
3084 | 381.90, Florida Statutes, is amended to read: |
3085 | 381.90 Health Information Systems Council; legislative |
3086 | intent; creation, appointment, duties.-- |
3087 | (7) The council's duties and responsibilities include, but |
3088 | are not limited to, the following: |
3089 | (a) By June 1 of each year, to develop and approve a |
3090 | strategic plan pursuant to the requirements set forth in s. |
3091 | 186.022. |
3092 | Section 114. Section 381.931, Florida Statutes, is amended |
3093 | to read: |
3094 | 381.931 Annual report on Medicaid expenditures.--The |
3095 | Department of Health and the Agency for Health Care |
3096 | Administration shall monitor the total Medicaid expenditures for |
3097 | services made under this act. If Medicaid expenditures are |
3098 | projected to exceed the amount appropriated by the Legislature, |
3099 | the Department of Health shall limit the number of screenings to |
3100 | ensure Medicaid expenditures do not exceed the amount |
3101 | appropriated. The Department of Health, in cooperation with the |
3102 | Agency for Health Care Administration, shall prepare an annual |
3103 | report that must include the number of women screened; the |
3104 | percentage of positive and negative outcomes; the number of |
3105 | referrals to Medicaid and other providers for treatment |
3106 | services; the estimated number of women who are not screened or |
3107 | not served by Medicaid due to funding limitations, if any; the |
3108 | cost of Medicaid treatment services; and the estimated cost of |
3109 | treatment services for women who were not screened or referred |
3110 | for treatment due to funding limitations. The report shall be |
3111 | submitted to the President of the Senate, the Speaker of the |
3112 | House of Representatives, and the Executive Office of the |
3113 | Governor by March 1 of each year. |
3114 | Section 115. Subsection (6) of section 383.19, Florida |
3115 | Statutes, is amended to read: |
3116 | 383.19 Standards; funding; ineligibility.-- |
3117 | (6) Each hospital which contracts with the department to |
3118 | provide services under the terms of ss. 383.15-383.21 shall |
3119 | prepare and submit to the department an annual report that |
3120 | includes, but is not limited to, the number of clients served |
3121 | and the costs of services in the center. The department shall |
3122 | annually conduct a programmatic and financial evaluation of each |
3123 | center. |
3124 | Section 116. Section 383.21, Florida Statutes, is |
3125 | repealed. |
3126 | Section 117. Section 383.2161, Florida Statutes, is |
3127 | amended to read: |
3128 | 383.2161 Maternal and child health report.--The Department |
3129 | of Health annually shall annually compile and analyze the risk |
3130 | information collected by the Office of Vital Statistics and the |
3131 | district prenatal and infant care coalitions and shall maintain |
3132 | county and statewide data on prepare and submit to the |
3133 | Legislature by January 2 a report that includes, but is not |
3134 | limited to: |
3135 | (1) The number of families identified as families at |
3136 | potential risk.; |
3137 | (2) The number of families that receive family outreach |
3138 | services.; |
3139 | (3) The increase in demand for services.; and |
3140 | (4) The unmet need for services for identified target |
3141 | groups. |
3142 | Section 118. Subsection (6) of section 384.25, Florida |
3143 | Statutes, is amended to read: |
3144 | 384.25 Reporting required.-- |
3145 | (6) The department shall by February 1 of each year submit |
3146 | to the Legislature an annual report relating to all information |
3147 | obtained pursuant to this section. |
3148 | Section 119. Subsection (4) of section 394.4573, Florida |
3149 | Statutes, is amended to read: |
3150 | 394.4573 Continuity of care management system; measures of |
3151 | performance; reports.-- |
3152 | (4) The department is directed to submit a report to the |
3153 | Legislature, prior to April 1 of each year, outlining |
3154 | departmental progress towards the implementation of the minimum |
3155 | staffing patterns' standards in state mental health treatment |
3156 | facilities. The report shall contain, by treatment facility, |
3157 | information regarding goals and objectives and departmental |
3158 | performance toward meeting each such goal and objective. |
3159 | Section 120. Subsection (1) of section 394.4985, Florida |
3160 | Statutes, is amended to read: |
3161 | 394.4985 Districtwide information and referral network; |
3162 | implementation.-- |
3163 | (1) Each service district of the Department of Children |
3164 | and Family Services shall develop a detailed implementation plan |
3165 | for a districtwide comprehensive child and adolescent mental |
3166 | health information and referral network to be operational by |
3167 | July 1, 1999. The plan must include an operating budget that |
3168 | demonstrates cost efficiencies and identifies funding sources |
3169 | for the district information and referral network. The plan must |
3170 | be submitted by the department to the Legislature by October 1, |
3171 | 1998. The district shall use existing district information and |
3172 | referral providers if, in the development of the plan, it is |
3173 | concluded that these providers would deliver information and |
3174 | referral services in a more efficient and effective manner when |
3175 | compared to other alternatives. The district information and |
3176 | referral network must include: |
3177 | (a) A resource file that contains information about the |
3178 | child and adolescent mental health services as described in s. |
3179 | 394.495, including, but not limited to: |
3180 | 1. Type of program; |
3181 | 2. Hours of service; |
3182 | 3. Ages of persons served; |
3183 | 4. Program description; |
3184 | 5. Eligibility requirements; and |
3185 | 6. Fees. |
3186 | (b) Information about private providers and professionals |
3187 | in the community which serve children and adolescents with an |
3188 | emotional disturbance. |
3189 | (c) A system to document requests for services that are |
3190 | received through the network referral process, including, but |
3191 | not limited to: |
3192 | 1. Number of calls by type of service requested; |
3193 | 2. Ages of the children and adolescents for whom services |
3194 | are requested; and |
3195 | 3. Type of referral made by the network. |
3196 | (d) The ability to share client information with the |
3197 | appropriate community agencies. |
3198 | (e) The submission of an annual report to the department, |
3199 | the Agency for Health Care Administration, and appropriate local |
3200 | government entities, which contains information about the |
3201 | sources and frequency of requests for information, types and |
3202 | frequency of services requested, and types and frequency of |
3203 | referrals made. |
3204 | Section 121. Section 394.75, Florida Statutes, is amended |
3205 | to read: |
3206 | 394.75 State and district substance abuse and mental |
3207 | health plans.-- |
3208 | (1)(a) Every 3 years, beginning in 2001, The department, |
3209 | in consultation with the Medicaid program in the Agency for |
3210 | Health Care Administration and the Florida Substance Abuse and |
3211 | Mental Health Corporation, shall prepare a state master plan for |
3212 | the delivery and financing of a system of publicly funded, |
3213 | community-based substance abuse and mental health services |
3214 | throughout the state. The state plan must include: |
3215 | (b) The initial plan must include an assessment of the |
3216 | clinical practice guidelines and standards for community-based |
3217 | mental health and substance abuse services delivered by persons |
3218 | or agencies under contract with the Department of Children and |
3219 | Family Services. The assessment must include an inventory of |
3220 | current clinical guidelines and standards used by persons and |
3221 | agencies under contract with the department, and by nationally |
3222 | recognized accreditation organizations, to address the quality |
3223 | of care and must specify additional clinical practice standards |
3224 | and guidelines for new or existing services and programs. |
3225 | (a)(c) Proposed The plan must propose changes in |
3226 | department policy or statutory revisions to strengthen the |
3227 | quality of mental health and substance abuse treatment and |
3228 | support services. |
3229 | (b)(d) The plan must identify Strategies for meeting the |
3230 | treatment and support needs of children, adolescents, adults, |
3231 | and older adults who have, or are at risk of having, mental, |
3232 | emotional, or substance abuse problems as defined in this |
3233 | chapter or chapter 397. |
3234 | (c)(e) The plan must include Input from persons who |
3235 | represent local communities; local government entities that |
3236 | contribute funds to the local substance abuse and mental health |
3237 | treatment systems; consumers of publicly funded substance abuse |
3238 | and mental health services, and their families; and stakeholders |
3239 | interested in mental health and substance abuse services. The |
3240 | plan must describe the means by which this local input occurred. |
3241 | The plan shall be updated annually. |
3242 | (f) The plan must include statewide policies and planning |
3243 | parameters that will be used by the health and human services |
3244 | boards in preparing the district substance abuse and mental |
3245 | health plans. |
3246 | (g) The district plans shall be one component of the state |
3247 | master plan. |
3248 | (2) The state master plan shall also include: |
3249 | (a) A proposal for the development of a data system that |
3250 | will evaluate the effectiveness of programs and services |
3251 | provided to clients of the substance abuse and mental health |
3252 | service system. |
3253 | (b) A proposal to resolve the funding discrepancies |
3254 | between districts. |
3255 | (d)(c) A methodology for the allocation of resources |
3256 | available from federal, state, and local sources and a |
3257 | description of the current level of funding available from each |
3258 | source. |
3259 | (e)(d) A description of the statewide priorities for |
3260 | clients and services, and each district's priorities for clients |
3261 | and services. |
3262 | (e) Recommendations for methods of enhancing local |
3263 | participation in the planning, organization, and financing of |
3264 | substance abuse and mental health services. |
3265 | (f) A description of the current methods of contracting |
3266 | for services, an assessment of the efficiency of these methods |
3267 | in providing accountability for contracted funds, and |
3268 | recommendations for improvements to the system of contracting. |
3269 | (f)(g) Recommendations for improving access to services by |
3270 | clients and their families. |
3271 | (h) Guidelines and formats for the development of district |
3272 | plans. |
3273 | (g)(i) Recommendations for future directions for the |
3274 | substance abuse and mental health service delivery system. |
3275 | (2) A schedule, format, and procedure for development, and |
3276 | review, and update of the state master plan shall be adopted by |
3277 | the department by June of each year. The plan and annual updates |
3278 | shall must be submitted to the Governor and Legislature |
3279 | beginning February 10, 2006, and every third year thereafter |
3280 | President of the Senate and the Speaker of the House of |
3281 | Representatives by January 1 of each year, beginning January 1, |
3282 | 2001. |
3283 | (3) Each The district health and human services board |
3284 | shall prepare an integrated district substance abuse and mental |
3285 | health plan. The plan shall be prepared and updated on a |
3286 | schedule established by the Assistant Secretary for Substance |
3287 | Abuse Alcohol, Drug Abuse, and Mental Health Program Office. The |
3288 | plan shall reflect the needs and program priorities established |
3289 | by the department and the needs of the district established |
3290 | under ss. 394.674 and 394.675. The district plan must list in |
3291 | order of priority the mental health and the substance abuse |
3292 | treatment needs of the district and must rank each program |
3293 | separately. The plan shall include: |
3294 | (a) A record of the total amount of money available in the |
3295 | district for mental health and substance abuse services. |
3296 | (b) A description of each service that will be purchased |
3297 | with state funds. |
3298 | (c) A record of the amount of money allocated for each |
3299 | service identified in the plan as being purchased with state |
3300 | funds. |
3301 | (d) A record of the total funds allocated to each |
3302 | provider. |
3303 | (e) A record of the total funds allocated to each provider |
3304 | by type of service to be purchased with state funds. |
3305 | (a)(f) Include input from community-based persons, |
3306 | organizations, and agencies interested in substance abuse and |
3307 | mental health treatment services; local government entities that |
3308 | contribute funds to the public substance abuse and mental health |
3309 | treatment systems; and consumers of publicly funded substance |
3310 | abuse and mental health services, and their family members. The |
3311 | plan must describe the means by which this local input occurred. |
3312 |
|
3313 | The plan shall be submitted by the district board to the |
3314 | district administrator and to the governing bodies for review, |
3315 | comment, and approval. |
3316 | (4) The district plan shall: |
3317 | (a) Describe the publicly funded, community-based |
3318 | substance abuse and mental health system of care, and identify |
3319 | statutorily defined populations, their service needs, and the |
3320 | resources available and required to meet their needs. |
3321 | (b) Provide the means for meeting the needs of the |
3322 | district's eligible clients, specified in ss. 394.674 and |
3323 | 394.675, for substance abuse and mental health services. |
3324 | (b)(c) Provide a process for coordinating the delivery of |
3325 | services within a community-based system of care to eligible |
3326 | clients. Such process must involve service providers, clients, |
3327 | and other stakeholders. The process must also provide a means by |
3328 | which providers will coordinate and cooperate to strengthen |
3329 | linkages, achieve maximum integration of services, foster |
3330 | efficiencies in service delivery and administration, and |
3331 | designate responsibility for outcomes for eligible clients. |
3332 | (c)(d) Provide a projection of district program and fiscal |
3333 | needs for the next fiscal year, provide for the orderly and |
3334 | economical development of needed services, and indicate |
3335 | priorities and resources for each population served, performance |
3336 | outcomes, and anticipated expenditures and revenues. |
3337 | (e) Include a summary budget request for the total |
3338 | district substance abuse and mental health program, which must |
3339 | include the funding priorities established by the district |
3340 | planning process. |
3341 | (f) Provide a basis for the district legislative budget |
3342 | request. |
3343 | (g) Include a policy and procedure for allocation of |
3344 | funds. |
3345 | (h) Include a procedure for securing local matching funds. |
3346 | Such a procedure shall be developed in consultation with |
3347 | governing bodies and service providers. |
3348 | (d)(i) Provide for the integration of substance abuse and |
3349 | mental health services with the other departmental programs and |
3350 | with the criminal justice, juvenile justice, child protection, |
3351 | school, and health care systems within the district. |
3352 | (j) Provide a plan for the coordination of services in |
3353 | such manner as to ensure effectiveness and avoid duplication, |
3354 | fragmentation of services, and unnecessary expenditures. |
3355 | (e)(k) Provide for continuity of client care between state |
3356 | treatment facilities and community programs to assure that |
3357 | discharge planning results in the rapid application for all |
3358 | benefits for which a client is eligible, including Medicaid |
3359 | coverage for persons leaving state treatment facilities and |
3360 | returning to community-based programs. |
3361 | (l) Provide for the most appropriate and economical use of |
3362 | all existing public and private agencies and personnel. |
3363 | (m) Provide for the fullest possible and most appropriate |
3364 | participation by existing programs; state hospitals and other |
3365 | hospitals; city, county, and state health and family service |
3366 | agencies; drug abuse and alcoholism programs; probation |
3367 | departments; physicians; psychologists; social workers; marriage |
3368 | and family therapists; mental health counselors; clinical social |
3369 | workers; public health nurses; school systems; and all other |
3370 | public and private agencies and personnel that are required to, |
3371 | or may agree to, participate in the plan. |
3372 | (n) Include an inventory of all public and private |
3373 | substance abuse and mental health resources within the district, |
3374 | including consumer advocacy groups and self-help groups known to |
3375 | the department. |
3376 | (4)(5) The district plan shall address how substance abuse |
3377 | and mental health services will be provided and how a system of |
3378 | care for target populations will be provided given the resources |
3379 | available in the service district. The plan must include |
3380 | provisions for providing the most appropriate and current |
3381 | evidence-based services for persons with substance abuse |
3382 | disorders and mental illnesses in a variety of settings |
3383 | maximizing client access to the most recently developed |
3384 | psychiatric medications approved by the United States Food and |
3385 | Drug Administration, for developing independent housing units |
3386 | through participation in the Section 811 program operated by the |
3387 | United States Department of Housing and Urban Development, for |
3388 | developing supported employment services through the Division of |
3389 | Vocational Rehabilitation of the Department of Education, for |
3390 | providing treatment services to persons with co-occurring mental |
3391 | illness and substance abuse problems which are integrated across |
3392 | treatment systems, and for providing services to adults who have |
3393 | a serious mental illness, as defined in s. 394.67, and who |
3394 | reside in assisted living facilities. |
3395 | (6) The district plan shall provide the means by which the |
3396 | needs of the population groups specified pursuant to s. 394.674 |
3397 | will be addressed in the district. |
3398 | (7) In developing the district plan, optimum use shall be |
3399 | made of any federal, state, and local funds that may be |
3400 | available for substance abuse and mental health service |
3401 | planning. However, the department must provide these services |
3402 | within legislative appropriations. |
3403 | (8) The district health and human services board shall |
3404 | establish a subcommittee to prepare the portion of the district |
3405 | plan relating to children and adolescents. The subcommittee |
3406 | shall include representative membership of any committee |
3407 | organized or established by the district to review placement of |
3408 | children and adolescents in residential treatment programs. The |
3409 | board shall establish a subcommittee to prepare the portion of |
3410 | the district plan which relates to adult mental health and |
3411 | substance abuse. The subcommittee must include representatives |
3412 | from the community who have an interest in mental health and |
3413 | substance abuse treatment for adults. |
3414 | (5)(9) All departments of state government and all local |
3415 | public agencies shall cooperate with officials to assist them in |
3416 | service planning. Each district administrator shall, upon |
3417 | request and the availability of staff, provide consultative |
3418 | services to the local agency directors and governing bodies. |
3419 | (10) The district administrator shall ensure that the |
3420 | district plan: |
3421 | (a) Conforms to the priorities in the state plan, the |
3422 | requirements of this part, and the standards adopted under this |
3423 | part; |
3424 | (b) Ensures that the most effective and economical use |
3425 | will be made of available public and private substance abuse and |
3426 | mental health resources in the service district; and |
3427 | (c) Has adequate provisions made for review and evaluation |
3428 | of the services provided in the service district. |
3429 | (11) The district administrator shall require such |
3430 | modifications in the district plan as he or she deems necessary |
3431 | to bring the plan into conformance with the provisions of this |
3432 | part. If the district board and the district administrator |
3433 | cannot agree on the plan, including the projected budget, the |
3434 | issues under dispute shall be submitted directly to the |
3435 | secretary of the department for immediate resolution. |
3436 | (12) Each governing body that provides local funds has the |
3437 | authority to require necessary modification to only that portion |
3438 | of the district plan which affects substance abuse and mental |
3439 | health programs and services within the jurisdiction of that |
3440 | governing body. |
3441 | (13) The district administrator shall report annually to |
3442 | the district board the status of funding for priorities |
3443 | established in the district plan. Each report must include: |
3444 | (a) A description of the district plan priorities that |
3445 | were included in the district legislative budget request. |
3446 | (b) A description of the district plan priorities that |
3447 | were included in the departmental budget request. |
3448 | (c) A description of the programs and services included in |
3449 | the district plan priorities that were appropriated funds by the |
3450 | Legislature in the legislative session that preceded the report. |
3451 | Section 122. Section 394.82, Florida Statutes, is |
3452 | repealed. |
3453 | Section 123. Paragraph (a) of subsection (3) of section |
3454 | 394.655, Florida Statutes, is amended to read: |
3455 | 394.655 The Substance Abuse and Mental Health Corporation; |
3456 | powers and duties; composition; evaluation and reporting |
3457 | requirements.-- |
3458 | (3)(a) The Florida Substance Abuse and Mental Health |
3459 | Corporation shall be responsible for oversight of the publicly |
3460 | funded substance abuse and mental health systems and for making |
3461 | policy and resources recommendations which will improve the |
3462 | coordination, quality, and efficiency of the system. Subject to |
3463 | and consistent with direction set by the Legislature, the |
3464 | corporation shall exercise the following responsibilities: |
3465 | 1. Review and assess the collection and analysis of needs |
3466 | assessment data as described in s. 394.82. |
3467 | 1.2. Review and assess the status of the publicly funded |
3468 | mental health and substance abuse systems and recommend policy |
3469 | designed to improve coordination and effectiveness. |
3470 | 2.3. Provide mechanisms for substance abuse and mental |
3471 | health stakeholders, including consumers, family members, |
3472 | providers, and advocates to provide input concerning the |
3473 | management of the overall system. |
3474 | 3.4. Recommend priorities for service expansion. |
3475 | 4.5. Prepare budget recommendations to be submitted to the |
3476 | appropriate departments for consideration in the development of |
3477 | their legislative budget requests and provide copies to the |
3478 | Governor, the President of the Senate, and the Speaker of the |
3479 | House of Representatives for their consideration. |
3480 | 5.6. Review data regarding the performance of the publicly |
3481 | funded substance abuse and mental health systems. |
3482 | 6.7. Make recommendations concerning strategies for |
3483 | improving the performance of the systems. |
3484 | 7.8. Review, assess, and forecast substance abuse and |
3485 | mental health manpower needs and work with the department and |
3486 | the educational system to establish policies, consistent with |
3487 | the direction of the Legislature, which will ensure that the |
3488 | state has the personnel it needs to continuously implement and |
3489 | improve its services. |
3490 | Section 124. Paragraph (h) of subsection (7) and |
3491 | subsection (8) of section 394.9082, Florida Statutes, are |
3492 | amended to read: |
3493 | 394.9082 Behavioral health service delivery strategies.-- |
3494 | (7) ESSENTIAL ELEMENTS.-- |
3495 | (h)1. The Department of Children and Family Services, in |
3496 | consultation with the Agency for Health Care Administration, |
3497 | shall prepare an amendment by October 31, 2001, to the 2001 |
3498 | master state plan required under s. 394.75(1), which describes |
3499 | each service delivery strategy, including at least the following |
3500 | details: |
3501 | a. Operational design; |
3502 | b. Counties or service districts included in each |
3503 | strategy; |
3504 | c. Expected outcomes; and |
3505 | d. Timeframes. |
3506 | 2. The amendment shall specifically address the |
3507 | application of each service delivery strategy to substance abuse |
3508 | services, including: |
3509 | a. The development of substance abuse service protocols; |
3510 | b. Credentialing requirements for substance abuse |
3511 | services; and |
3512 | c. The development of new service models for individuals |
3513 | with co-occurring mental health and substance abuse disorders. |
3514 | 3. The amendment must specifically address the application |
3515 | of each service delivery strategy to the child welfare system, |
3516 | including: |
3517 | a. The development of service models that support working |
3518 | with both children and their families in a community-based care |
3519 | system and that are specific to the child welfare system. |
3520 | b. A process for providing services to abused and |
3521 | neglected children and their families as indicated in court- |
3522 | ordered case plans. |
3523 | (8) EXPANSION IN DISTRICTS 4 AND 12.--The department shall |
3524 | work with community agencies to establish a single managing |
3525 | entity for districts 4 and 12 accountable for the delivery of |
3526 | substance abuse services to child protective services recipients |
3527 | in the two districts. The purpose of this strategy is to enhance |
3528 | the coordination of substance abuse services with community- |
3529 | based care agencies and the department. The department shall |
3530 | work with affected stakeholders to develop and implement a plan |
3531 | that allows the phase-in of services beginning with the delivery |
3532 | of substance abuse services, with phase-in of subsequent |
3533 | substance abuse services agreed upon by the managing entity and |
3534 | authorized by the department, providing the necessary technical |
3535 | assistance to assure provider and district readiness for |
3536 | implementation. When a single managing entity is established and |
3537 | meets readiness requirements, the department may enter into a |
3538 | noncompetitive contract with the entity. The department shall |
3539 | maintain detailed information on the methodology used for |
3540 | selection and a justification for the selection. Performance |
3541 | objectives shall be developed which ensure that services that |
3542 | are delivered directly affect and complement the child's |
3543 | permanency plan. During the initial planning and implementation |
3544 | phase of this project, the requirements in subsections (6) and |
3545 | (7) are waived. Considering the critical substance abuse |
3546 | problems experienced by many families in the child protection |
3547 | system, the department shall initiate the implementation of the |
3548 | substance abuse delivery component of this program without delay |
3549 | and furnish status reports to the appropriate substantive |
3550 | committees of the Senate and the House of Representatives no |
3551 | later than February 29, 2004, and February 28, 2005. The |
3552 | integration of all services agreed upon by the managing entity |
3553 | and authorized by the department must be completed within 2 |
3554 | years after project initiation. Ongoing monitoring and |
3555 | evaluation of this strategy shall be conducted in accordance |
3556 | with subsection (9). |
3557 | Section 125. Section 394.9083, Florida Statutes, is |
3558 | repealed. |
3559 | Section 126. Paragraph (c) of subsection (2) of section |
3560 | 395.807, Florida Statutes, is amended to read: |
3561 | 395.807 Retention of family practice residents.-- |
3562 | (2) |
3563 | (c) The committee shall report to the Legislature |
3564 | annually, beginning October 1, 1995, on the retention of family |
3565 | practice residents in the state by family practice teaching |
3566 | hospitals. The committee shall also track and report on the |
3567 | placement of family practice physicians in medically underserved |
3568 | areas. |
3569 | Section 127. Subsections (1) and (20) of section 397.321, |
3570 | Florida Statutes, are amended to read: |
3571 | 397.321 Duties of the department.--The department shall: |
3572 | (1) Develop a comprehensive state plan for the provision |
3573 | of substance abuse services. The plan must include: |
3574 | (a) Identification of incidence and prevalence of problems |
3575 | related to substance abuse. |
3576 | (b) Description of current services. |
3577 | (c) Need for services. |
3578 | (d) Cost of services. |
3579 | (e) Priorities for funding. |
3580 | (f) Strategies to address the identified needs and |
3581 | priorities. |
3582 | (g) Resource planning. |
3583 | (20) The department may establish in District 9, in |
3584 | cooperation with the Palm Beach County Board of County |
3585 | Commissioners, a pilot project to serve in a managed care |
3586 | arrangement non-Medicaid eligible persons who qualify to receive |
3587 | substance abuse or mental health services from the department. |
3588 | The department may contract with a not-for-profit entity to |
3589 | conduct the pilot project. The results of the pilot project |
3590 | shall be reported to the district administrator, and the |
3591 | secretary 18 months after the initiation. The department shall |
3592 | incur no additional administrative costs for the pilot project. |
3593 | Section 128. Subsection (3) of section 397.332, Florida |
3594 | Statutes, is amended to read: |
3595 | 397.332 Office of Drug Control.-- |
3596 | (3) On or before December 1 of each year, the director of |
3597 | the Office of Drug Control shall report to the Governor and the |
3598 | Legislature on the information and recommendations required |
3599 | under paragraphs (2)(f) and (g). |
3600 | Section 129. Subsection (4) of section 397.333, Florida |
3601 | Statutes, is amended to read: |
3602 | 397.333 Statewide Drug Policy Advisory Council.-- |
3603 | (4)(a) The chairperson of the advisory council shall |
3604 | appoint workgroups that include members of state agencies that |
3605 | are not represented on the advisory council and shall solicit |
3606 | input and recommendations from those state agencies. In |
3607 | addition, the chairperson may appoint workgroups as necessary |
3608 | from among the members of the advisory council in order to |
3609 | efficiently address specific issues. A representative of a state |
3610 | agency appointed to any workgroup shall be the head of the |
3611 | agency, or his or her designee. The chairperson may designate |
3612 | lead and contributing agencies within a workgroup. |
3613 | (b) The advisory council shall submit a report to the |
3614 | Governor, the President of the Senate, and the Speaker of the |
3615 | House of Representatives by December 1 of each year which |
3616 | contains a summary of the work of the council during that year |
3617 | and the recommendations required under subsection (3). Interim |
3618 | reports may be submitted at the discretion of the chairperson of |
3619 | the advisory council. |
3620 | Section 130. Subsection (1) of section 397.94, Florida |
3621 | Statutes, is amended to read: |
3622 | 397.94 Children's substance abuse services; information |
3623 | and referral network.-- |
3624 | (1) Each service district of the department shall develop |
3625 | a plan for and implement a districtwide comprehensive children's |
3626 | substance abuse information and referral network to be |
3627 | operational by July 1, 2000. |
3628 | Section 131. Paragraph (f) of subsection (2) of section |
3629 | 400.0067, Florida Statutes, is amended to read: |
3630 | 400.0067 State Long-Term Care Ombudsman Council; duties; |
3631 | membership.-- |
3632 | (2) The State Long-Term Care Ombudsman Council shall: |
3633 | (f) Prepare an annual report describing the activities |
3634 | carried out by the ombudsman, and the State Long-Term Care |
3635 | Ombudsman Council, and the local councils in the year for which |
3636 | the report is prepared. The State Long-Term Care Ombudsman |
3637 | Council shall submit the report to the Secretary of Elderly |
3638 | Affairs. The secretary shall in turn submit the report to the |
3639 | Commissioner of the United States Administration on Aging, the |
3640 | Governor, the Legislature the President of the Senate, the |
3641 | Speaker of the House of Representatives, the minority leaders of |
3642 | the House and Senate, the chairpersons of appropriate House and |
3643 | Senate committees, the Secretary of Children and Family |
3644 | Services, and the Secretary of Health Care Administration. The |
3645 | report shall be submitted by the Secretary of Elderly Affairs at |
3646 | least 30 days before the convening of the regular session of the |
3647 | Legislature and shall, at a minimum: |
3648 | 1. Contain and analyze data collected concerning |
3649 | complaints about and conditions in long-term care facilities and |
3650 | the dispositions of such complaints. |
3651 | 2. Evaluate the problems experienced by residents of long- |
3652 | term care facilities. |
3653 | 3. Contain recommendations for improving the quality of |
3654 | life of the residents and for protecting the health, safety, |
3655 | welfare, and rights of the residents. |
3656 | 4. Analyze the success of the ombudsman program during the |
3657 | preceding year and identify the barriers that prevent the |
3658 | optimal operation of the program. The report of the program's |
3659 | successes shall also include address the relationship between |
3660 | the state long-term care ombudsman program, the Department of |
3661 | Elderly Affairs, the Agency for Health Care Administration, and |
3662 | the Department of Children and Family Services, and an |
3663 | assessment of how successfully the state long-term care |
3664 | ombudsman program has carried out its responsibilities under the |
3665 | Older Americans Act. |
3666 | 5. Provide policy and regulatory and legislative |
3667 | recommendations to solve identified problems; resolve residents' |
3668 | complaints; improve the quality of care and life of the |
3669 | residents; protect the health, safety, welfare, and rights of |
3670 | the residents; and remove the barriers to the optimal operation |
3671 | of the state long-term care ombudsman program. |
3672 | 6. Contain recommendations from the local ombudsman |
3673 | councils regarding program functions and activities. |
3674 | 7. Include a report on the activities of the legal |
3675 | advocate and other legal advocates acting on behalf of the local |
3676 | and state councils. |
3677 | Section 132. Subsection (3) of section 400.0075, Florida |
3678 | Statutes, is amended to read: |
3679 | 400.0075 Complaint resolution procedures.-- |
3680 | (3) The state ombudsman council shall provide, as part of |
3681 | its annual report required pursuant to s. 400.0067(2)(f), |
3682 | information relating to the disposition of all complaints to the |
3683 | Department of Elderly Affairs. |
3684 | Section 133. Section 400.0089, Florida Statutes, is |
3685 | amended to read: |
3686 | 400.0089 Complaint Agency reports.--The Office of State |
3687 | Long-Term Care Ombudsman Department of Elderly Affairs shall |
3688 | maintain a statewide uniform reporting system to collect and |
3689 | analyze data relating to complaints and conditions in long-term |
3690 | care facilities and to residents, for the purpose of identifying |
3691 | and resolving significant problems. The department and the State |
3692 | Long-Term Care Ombudsman Council shall submit such data as part |
3693 | of its annual report required pursuant to s. 400.0067(2)(f) to |
3694 | the Agency for Health Care Administration, the Department of |
3695 | Children and Family Services, the Florida Statewide Advocacy |
3696 | Council, the Advocacy Center for Persons with Disabilities, the |
3697 | Commissioner for the United States Administration on Aging, the |
3698 | National Ombudsman Resource Center, and any other state or |
3699 | federal entities that the ombudsman determines appropriate. The |
3700 | office State Long-Term Care Ombudsman Council shall publish |
3701 | quarterly and make readily available information pertaining to |
3702 | the number and types of complaints received by the long-term |
3703 | care ombudsman program and shall include such information in the |
3704 | annual report required under s. 400.0067. |
3705 | Section 134. Section 400.148, Florida Statutes, is |
3706 | repealed. |
3707 | Section 135. Paragraph (g) of subsection (2) of section |
3708 | 400.0239, Florida Statutes, is amended to read: |
3709 | 400.0239 Quality of Long-Term Care Facility Improvement |
3710 | Trust Fund.-- |
3711 | (2) Expenditures from the trust fund shall be allowable |
3712 | for direct support of the following: |
3713 | (g) Other initiatives authorized by the Centers for |
3714 | Medicare and Medicaid Services for the use of federal civil |
3715 | monetary penalties, including projects recommended through the |
3716 | Medicaid "Up-or-Out" Quality of Care Contract Management Program |
3717 | pursuant to s. 400.148. |
3718 | Section 136. Paragraph (b) of subsection (3) of section |
3719 | 400.407, Florida Statutes, is amended to read: |
3720 | 400.407 License required; fee, display.-- |
3721 | (3) Any license granted by the agency must state the |
3722 | maximum resident capacity of the facility, the type of care for |
3723 | which the license is granted, the date the license is issued, |
3724 | the expiration date of the license, and any other information |
3725 | deemed necessary by the agency. Licenses shall be issued for one |
3726 | or more of the following categories of care: standard, extended |
3727 | congregate care, limited nursing services, or limited mental |
3728 | health. |
3729 | (b) An extended congregate care license shall be issued to |
3730 | facilities providing, directly or through contract, services |
3731 | beyond those authorized in paragraph (a), including acts |
3732 | performed pursuant to part I of chapter 464 by persons licensed |
3733 | thereunder, and supportive services defined by rule to persons |
3734 | who otherwise would be disqualified from continued residence in |
3735 | a facility licensed under this part. |
3736 | 1. In order for extended congregate care services to be |
3737 | provided in a facility licensed under this part, the agency must |
3738 | first determine that all requirements established in law and |
3739 | rule are met and must specifically designate, on the facility's |
3740 | license, that such services may be provided and whether the |
3741 | designation applies to all or part of a facility. Such |
3742 | designation may be made at the time of initial licensure or |
3743 | relicensure, or upon request in writing by a licensee under this |
3744 | part. Notification of approval or denial of such request shall |
3745 | be made within 90 days after receipt of such request and all |
3746 | necessary documentation. Existing facilities qualifying to |
3747 | provide extended congregate care services must have maintained a |
3748 | standard license and may not have been subject to administrative |
3749 | sanctions during the previous 2 years, or since initial |
3750 | licensure if the facility has been licensed for less than 2 |
3751 | years, for any of the following reasons: |
3752 | a. A class I or class II violation; |
3753 | b. Three or more repeat or recurring class III violations |
3754 | of identical or similar resident care standards as specified in |
3755 | rule from which a pattern of noncompliance is found by the |
3756 | agency; |
3757 | c. Three or more class III violations that were not |
3758 | corrected in accordance with the corrective action plan approved |
3759 | by the agency; |
3760 | d. Violation of resident care standards resulting in a |
3761 | requirement to employ the services of a consultant pharmacist or |
3762 | consultant dietitian; |
3763 | e. Denial, suspension, or revocation of a license for |
3764 | another facility under this part in which the applicant for an |
3765 | extended congregate care license has at least 25 percent |
3766 | ownership interest; or |
3767 | f. Imposition of a moratorium on admissions or initiation |
3768 | of injunctive proceedings. |
3769 | 2. Facilities that are licensed to provide extended |
3770 | congregate care services shall maintain a written progress |
3771 | report on each person who receives such services, which report |
3772 | describes the type, amount, duration, scope, and outcome of |
3773 | services that are rendered and the general status of the |
3774 | resident's health. A registered nurse, or appropriate designee, |
3775 | representing the agency shall visit such facilities at least |
3776 | quarterly to monitor residents who are receiving extended |
3777 | congregate care services and to determine if the facility is in |
3778 | compliance with this part and with rules that relate to extended |
3779 | congregate care. One of these visits may be in conjunction with |
3780 | the regular survey. The monitoring visits may be provided |
3781 | through contractual arrangements with appropriate community |
3782 | agencies. A registered nurse shall serve as part of the team |
3783 | that inspects such facility. The agency may waive one of the |
3784 | required yearly monitoring visits for a facility that has been |
3785 | licensed for at least 24 months to provide extended congregate |
3786 | care services, if, during the inspection, the registered nurse |
3787 | determines that extended congregate care services are being |
3788 | provided appropriately, and if the facility has no class I or |
3789 | class II violations and no uncorrected class III violations. |
3790 | Before such decision is made, the agency shall consult with the |
3791 | long-term care ombudsman council for the area in which the |
3792 | facility is located to determine if any complaints have been |
3793 | made and substantiated about the quality of services or care. |
3794 | The agency may not waive one of the required yearly monitoring |
3795 | visits if complaints have been made and substantiated. |
3796 | 3. Facilities that are licensed to provide extended |
3797 | congregate care services shall: |
3798 | a. Demonstrate the capability to meet unanticipated |
3799 | resident service needs. |
3800 | b. Offer a physical environment that promotes a homelike |
3801 | setting, provides for resident privacy, promotes resident |
3802 | independence, and allows sufficient congregate space as defined |
3803 | by rule. |
3804 | c. Have sufficient staff available, taking into account |
3805 | the physical plant and firesafety features of the building, to |
3806 | assist with the evacuation of residents in an emergency, as |
3807 | necessary. |
3808 | d. Adopt and follow policies and procedures that maximize |
3809 | resident independence, dignity, choice, and decisionmaking to |
3810 | permit residents to age in place to the extent possible, so that |
3811 | moves due to changes in functional status are minimized or |
3812 | avoided. |
3813 | e. Allow residents or, if applicable, a resident's |
3814 | representative, designee, surrogate, guardian, or attorney in |
3815 | fact to make a variety of personal choices, participate in |
3816 | developing service plans, and share responsibility in |
3817 | decisionmaking. |
3818 | f. Implement the concept of managed risk. |
3819 | g. Provide, either directly or through contract, the |
3820 | services of a person licensed pursuant to part I of chapter 464. |
3821 | h. In addition to the training mandated in s. 400.452, |
3822 | provide specialized training as defined by rule for facility |
3823 | staff. |
3824 | 4. Facilities licensed to provide extended congregate care |
3825 | services are exempt from the criteria for continued residency as |
3826 | set forth in rules adopted under s. 400.441. Facilities so |
3827 | licensed shall adopt their own requirements within guidelines |
3828 | for continued residency set forth by the department in rule. |
3829 | However, such facilities may not serve residents who require 24- |
3830 | hour nursing supervision. Facilities licensed to provide |
3831 | extended congregate care services shall provide each resident |
3832 | with a written copy of facility policies governing admission and |
3833 | retention. |
3834 | 5. The primary purpose of extended congregate care |
3835 | services is to allow residents, as they become more impaired, |
3836 | the option of remaining in a familiar setting from which they |
3837 | would otherwise be disqualified for continued residency. A |
3838 | facility licensed to provide extended congregate care services |
3839 | may also admit an individual who exceeds the admission criteria |
3840 | for a facility with a standard license, if the individual is |
3841 | determined appropriate for admission to the extended congregate |
3842 | care facility. |
3843 | 6. Before admission of an individual to a facility |
3844 | licensed to provide extended congregate care services, the |
3845 | individual must undergo a medical examination as provided in s. |
3846 | 400.426(4) and the facility must develop a preliminary service |
3847 | plan for the individual. |
3848 | 7. When a facility can no longer provide or arrange for |
3849 | services in accordance with the resident's service plan and |
3850 | needs and the facility's policy, the facility shall make |
3851 | arrangements for relocating the person in accordance with s. |
3852 | 400.428(1)(k). |
3853 | 8. Failure to provide extended congregate care services |
3854 | may result in denial of extended congregate care license |
3855 | renewal. |
3856 | 9. No later than January 1 of each year, the department, |
3857 | in consultation with the agency, shall prepare and submit to the |
3858 | Governor, the President of the Senate, the Speaker of the House |
3859 | of Representatives, and the chairs of appropriate legislative |
3860 | committees, a report on the status of, and recommendations |
3861 | related to, extended congregate care services. The status report |
3862 | must include, but need not be limited to, the following |
3863 | information: |
3864 | a. A description of the facilities licensed to provide |
3865 | such services, including total number of beds licensed under |
3866 | this part. |
3867 | b. The number and characteristics of residents receiving |
3868 | such services. |
3869 | c. The types of services rendered that could not be |
3870 | provided through a standard license. |
3871 | d. An analysis of deficiencies cited during licensure |
3872 | inspections. |
3873 | e. The number of residents who required extended |
3874 | congregate care services at admission and the source of |
3875 | admission. |
3876 | f. Recommendations for statutory or regulatory changes. |
3877 | g. The availability of extended congregate care to state |
3878 | clients residing in facilities licensed under this part and in |
3879 | need of additional services, and recommendations for |
3880 | appropriations to subsidize extended congregate care services |
3881 | for such persons. |
3882 | h. Such other information as the department considers |
3883 | appropriate. |
3884 | Section 137. Paragraph (i) of subsection (1) of section |
3885 | 400.408, Florida Statutes, is amended to read: |
3886 | 400.408 Unlicensed facilities; referral of person for |
3887 | residency to unlicensed facility; penalties; verification of |
3888 | licensure status.-- |
3889 | (1) |
3890 | (i) Each field office of the Agency for Health Care |
3891 | Administration shall establish a local coordinating workgroup |
3892 | which includes representatives of local law enforcement |
3893 | agencies, state attorneys, the Medicaid Fraud Control Unit of |
3894 | the Department of Legal Affairs, local fire authorities, the |
3895 | Department of Children and Family Services, the district long- |
3896 | term care ombudsman council, and the district human rights |
3897 | advocacy committee to assist in identifying the operation of |
3898 | unlicensed facilities and to develop and implement a plan to |
3899 | ensure effective enforcement of state laws relating to such |
3900 | facilities. The workgroup shall report its findings, actions, |
3901 | and recommendations semiannually to the Director of Health |
3902 | Facility Regulation of the agency. |
3903 | Section 138. Subsection (13) of section 400.419, Florida |
3904 | Statutes, is amended to read: |
3905 | 400.419 Violations; imposition of administrative fines; |
3906 | grounds.-- |
3907 | (13) The agency shall develop and disseminate an annual |
3908 | list of all facilities sanctioned or fined $5,000 or more for |
3909 | violations of state standards, the number and class of |
3910 | violations involved, the penalties imposed, and the current |
3911 | status of cases. The list shall be disseminated, at no charge, |
3912 | to the Department of Elderly Affairs, the Department of Health, |
3913 | the Department of Children and Family Services, the Agency for |
3914 | Persons with Disabilities, the area agencies on aging, the |
3915 | Florida Statewide Advocacy Council, and the state and local |
3916 | ombudsman councils. The Department of Children and Family |
3917 | Services shall disseminate the list to service providers under |
3918 | contract to the department who are responsible for referring |
3919 | persons to a facility for residency. The agency may charge a fee |
3920 | commensurate with the cost of printing and postage to other |
3921 | interested parties requesting a copy of this list. |
3922 | Section 139. Subsection (4) of section 400.441, Florida |
3923 | Statutes, is amended to read: |
3924 | 400.441 Rules establishing standards.-- |
3925 | (4) The agency may use an abbreviated biennial standard |
3926 | licensure inspection that consists of a review of key quality- |
3927 | of-care standards in lieu of a full inspection in facilities |
3928 | which have a good record of past performance. However, a full |
3929 | inspection shall be conducted in facilities which have had a |
3930 | history of class I or class II violations, uncorrected class III |
3931 | violations, confirmed ombudsman council complaints, or confirmed |
3932 | licensure complaints, within the previous licensure period |
3933 | immediately preceding the inspection or when a potentially |
3934 | serious problem is identified during the abbreviated inspection. |
3935 | The agency, in consultation with the department, shall develop |
3936 | the key quality-of-care standards with input from the State |
3937 | Long-Term Care Ombudsman Council and representatives of provider |
3938 | groups for incorporation into its rules. The department, in |
3939 | consultation with the agency, shall report annually to the |
3940 | Legislature concerning its implementation of this subsection. |
3941 | The report shall include, at a minimum, the key quality-of-care |
3942 | standards which have been developed; the number of facilities |
3943 | identified as being eligible for the abbreviated inspection; the |
3944 | number of facilities which have received the abbreviated |
3945 | inspection and, of those, the number that were converted to full |
3946 | inspection; the number and type of subsequent complaints |
3947 | received by the agency or department on facilities which have |
3948 | had abbreviated inspections; any recommendations for |
3949 | modification to this subsection; any plans by the agency to |
3950 | modify its implementation of this subsection; and any other |
3951 | information which the department believes should be reported. |
3952 | Section 140. Subsection (2) of section 400.967, Florida |
3953 | Statutes, is amended to read: |
3954 | 400.967 Rules and classification of deficiencies.-- |
3955 | (2) Pursuant to the intention of the Legislature, the |
3956 | agency, in consultation with the Agency for Persons with |
3957 | Disabilities Department of Children and Family Services and the |
3958 | Department of Elderly Affairs, shall adopt and enforce rules to |
3959 | administer this part, which shall include reasonable and fair |
3960 | criteria governing: |
3961 | (a) The location and construction of the facility; |
3962 | including fire and life safety, plumbing, heating, cooling, |
3963 | lighting, ventilation, and other housing conditions that will |
3964 | ensure the health, safety, and comfort of residents. The agency |
3965 | shall establish standards for facilities and equipment to |
3966 | increase the extent to which new facilities and a new wing or |
3967 | floor added to an existing facility after July 1, 2000, are |
3968 | structurally capable of serving as shelters only for residents, |
3969 | staff, and families of residents and staff, and equipped to be |
3970 | self-supporting during and immediately following disasters. The |
3971 | Agency for Health Care Administration shall work with facilities |
3972 | licensed under this part and report to the Governor and the |
3973 | Legislature by April 1, 2000, its recommendations for cost- |
3974 | effective renovation standards to be applied to existing |
3975 | facilities. In making such rules, the agency shall be guided by |
3976 | criteria recommended by nationally recognized, reputable |
3977 | professional groups and associations having knowledge concerning |
3978 | such subject matters. The agency shall update or revise such |
3979 | criteria as the need arises. All facilities must comply with |
3980 | those lifesafety code requirements and building code standards |
3981 | applicable at the time of approval of their construction plans. |
3982 | The agency may require alterations to a building if it |
3983 | determines that an existing condition constitutes a distinct |
3984 | hazard to life, health, or safety. The agency shall adopt fair |
3985 | and reasonable rules setting forth conditions under which |
3986 | existing facilities undergoing additions, alterations, |
3987 | conversions, renovations, or repairs are required to comply with |
3988 | the most recent updated or revised standards. |
3989 | (b) The number and qualifications of all personnel, |
3990 | including management, medical nursing, and other personnel, |
3991 | having responsibility for any part of the care given to |
3992 | residents. |
3993 | (c) All sanitary conditions within the facility and its |
3994 | surroundings, including water supply, sewage disposal, food |
3995 | handling, and general hygiene, which will ensure the health and |
3996 | comfort of residents. |
3997 | (d) The equipment essential to the health and welfare of |
3998 | the residents. |
3999 | (e) A uniform accounting system. |
4000 | (f) The care, treatment, and maintenance of residents and |
4001 | measurement of the quality and adequacy thereof. |
4002 | (g) The preparation and annual update of a comprehensive |
4003 | emergency management plan. The agency shall adopt rules |
4004 | establishing minimum criteria for the plan after consultation |
4005 | with the Department of Community Affairs. At a minimum, the |
4006 | rules must provide for plan components that address emergency |
4007 | evacuation transportation; adequate sheltering arrangements; |
4008 | postdisaster activities, including emergency power, food, and |
4009 | water; postdisaster transportation; supplies; staffing; |
4010 | emergency equipment; individual identification of residents and |
4011 | transfer of records; and responding to family inquiries. The |
4012 | comprehensive emergency management plan is subject to review and |
4013 | approval by the local emergency management agency. During its |
4014 | review, the local emergency management agency shall ensure that |
4015 | the following agencies, at a minimum, are given the opportunity |
4016 | to review the plan: the Department of Elderly Affairs, the |
4017 | Agency for Persons with Disabilities Department of Children and |
4018 | Family Services, the Agency for Health Care Administration, and |
4019 | the Department of Community Affairs. Also, appropriate volunteer |
4020 | organizations must be given the opportunity to review the plan. |
4021 | The local emergency management agency shall complete its review |
4022 | within 60 days and either approve the plan or advise the |
4023 | facility of necessary revisions. |
4024 | (h) Each licensee shall post its license in a prominent |
4025 | place that is in clear and unobstructed public view at or near |
4026 | the place where residents are being admitted to the facility. |
4027 | Section 141. Subsection (3) of section 402.3016, Florida |
4028 | Statutes, is amended to read: |
4029 | 402.3016 Early Head Start collaboration grants.-- |
4030 | (3) The Agency for Workforce Innovation shall report to |
4031 | the Legislature on an annual basis the number of agencies |
4032 | receiving Early Head Start collaboration grants and the number |
4033 | of children served. |
4034 | Section 142. Subsection (9) of section 402.40, Florida |
4035 | Statutes, is amended to read: |
4036 | 402.40 Child welfare training.-- |
4037 | (9) MODIFICATION OF CHILD WELFARE TRAINING.--The core |
4038 | competencies determined pursuant to subsection (5), the minimum |
4039 | standards for the certification process and the minimum |
4040 | standards for trainer qualifications established pursuant to |
4041 | subsection (7), must be submitted to the appropriate substantive |
4042 | committees of the Senate and the House of Representatives before |
4043 | competitively soliciting either the development, validation, or |
4044 | periodic evaluation of the training curricula or the training |
4045 | academy contracts. |
4046 | Section 143. Paragraph (c) of subsection (1) of section |
4047 | 402.73, Florida Statutes, is amended to read: |
4048 | 402.73 Contracting and performance standards.-- |
4049 | (1) The Department of Children and Family Services shall |
4050 | establish performance standards for all contracted client |
4051 | services. Notwithstanding s. 287.057(5)(f), the department must |
4052 | competitively procure any contract for client services when any |
4053 | of the following occurs: |
4054 | (c) The department has concluded, after reviewing market |
4055 | prices and available treatment options, that there is evidence |
4056 | that the department can improve the performance outcomes |
4057 | produced by its contract resources. At a minimum, the department |
4058 | shall review market prices and available treatment options |
4059 | biennially. The department shall compile the results of the |
4060 | biennial review and include the results in its annual |
4061 | performance report to the Legislature pursuant to chapter 94- |
4062 | 249, Laws of Florida. The department shall provide notice and an |
4063 | opportunity for public comment on its review of market prices |
4064 | and available treatment options. |
4065 | Section 144. Paragraph (d) of subsection (2) and paragraph |
4066 | (c) of subsection (6) of section 403.067, Florida Statutes, are |
4067 | amended to read: |
4068 | 403.067 Establishment and implementation of total maximum |
4069 | daily loads.-- |
4070 | (2) LIST OF SURFACE WATERS OR SEGMENTS.--In accordance |
4071 | with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 |
4072 | U.S.C. ss. 1251 et seq., the department must submit periodically |
4073 | to the United States Environmental Protection Agency a list of |
4074 | surface waters or segments for which total maximum daily load |
4075 | assessments will be conducted. The assessments shall evaluate |
4076 | the water quality conditions of the listed waters and, if such |
4077 | waters are determined not to meet water quality standards, total |
4078 | maximum daily loads shall be established, subject to the |
4079 | provisions of subsection (4). The department shall establish a |
4080 | priority ranking and schedule for analyzing such waters. |
4081 | (d) If the department proposes to implement total maximum |
4082 | daily load calculations or allocations established prior to the |
4083 | effective date of this act, the department shall adopt those |
4084 | calculations and allocations by rule by the secretary pursuant |
4085 | to ss. 120.536(1) and 120.54 and paragraph (6)(c)(d). |
4086 | (6) CALCULATION AND ALLOCATION.-- |
4087 | (c) Not later than February 1, 2001, the department shall |
4088 | submit a report to the Governor, the President of the Senate, |
4089 | and the Speaker of the House of Representatives containing |
4090 | recommendations, including draft legislation, for any |
4091 | modifications to the process for allocating total maximum daily |
4092 | loads, including the relationship between allocations and the |
4093 | watershed or basin management planning process. Such |
4094 | recommendations shall be developed by the department in |
4095 | cooperation with a technical advisory committee which includes |
4096 | representatives of affected parties, environmental |
4097 | organizations, water management districts, and other appropriate |
4098 | local, state, and federal government agencies. The technical |
4099 | advisory committee shall also include such members as may be |
4100 | designated by the President of the Senate and the Speaker of the |
4101 | House of Representatives. |
4102 | Section 145. Subsection (3) of section 403.4131, Florida |
4103 | Statutes, is amended to read: |
4104 | 403.4131 "Keep Florida Beautiful, Incorporated"; placement |
4105 | of signs.-- |
4106 | (3) The Department of Transportation shall establish an |
4107 | "adopt-a-highway" program to allow local organizations to be |
4108 | identified with specific highway cleanup and highway |
4109 | beautification projects authorized under s. 339.2405 and shall |
4110 | coordinate such efforts with Keep Florida Beautiful, Inc. The |
4111 | department shall report to the Governor and the Legislature on |
4112 | the progress achieved and the savings incurred by the "adopt-a- |
4113 | highway" program. The department shall also monitor and report |
4114 | on compliance with the provisions of the adopt-a-highway program |
4115 | to ensure that organizations that participate in the program |
4116 | comply with the goals identified by the department. |
4117 | Section 146. Section 403.756, Florida Statutes, is |
4118 | repealed. |
4119 | Section 147. Section 403.7226, Florida Statutes, is |
4120 | amended to read: |
4121 | 403.7226 Technical assistance by the department.--The |
4122 | department shall: |
4123 | (1) provide technical assistance to county governments and |
4124 | regional planning councils to ensure consistency in implementing |
4125 | local hazardous waste management assessments as provided in ss. |
4126 | 403.7225, 403.7234, and 403.7236. In order to ensure that each |
4127 | local assessment is properly implemented and that all |
4128 | information gathered during the assessment is uniformly compiled |
4129 | and documented, each county or regional planning council shall |
4130 | contact the department during the preparation of the local |
4131 | assessment to receive technical assistance. Each county or |
4132 | regional planning council shall follow guidelines established by |
4133 | the department, and adopted by rule as appropriate, in order to |
4134 | properly implement these assessments. |
4135 | (2) Identify short-term needs and long-term needs for |
4136 | hazardous waste management for the state on the basis of the |
4137 | information gathered through the local hazardous waste |
4138 | management assessments and other information from state and |
4139 | federal regulatory agencies and sources. The state needs |
4140 | assessment must be ongoing and must be updated when new data |
4141 | concerning waste generation and waste management technologies |
4142 | become available. The department shall annually send a copy of |
4143 | this assessment to the Governor and to the Legislature. |
4144 | Section 148. Subsection (2) of section 403.7265, Florida |
4145 | Statutes, is amended to read: |
4146 | 403.7265 Local hazardous waste collection program.-- |
4147 | (2) The department shall develop a statewide local |
4148 | hazardous waste management plan which will ensure comprehensive |
4149 | collection and proper management of hazardous waste from small |
4150 | quantity generators and household hazardous waste in Florida. |
4151 | The plan shall address, at a minimum, a network of local |
4152 | collection centers, transfer stations, and expanded hazardous |
4153 | waste collection route services. The plan shall assess the need |
4154 | for additional compliance verification inspections, enforcement, |
4155 | and penalties. The plan shall include a strategy, timetable, and |
4156 | budget for implementation. |
4157 | Section 149. Paragraph (b) of subsection (1) of section |
4158 | 403.7264, Florida Statutes, is amended to read: |
4159 | 403.7264 Amnesty days for purging small quantities of |
4160 | hazardous wastes.--Amnesty days are authorized by the state for |
4161 | the purpose of purging small quantities of hazardous waste, free |
4162 | of charge, from the possession of homeowners, farmers, schools, |
4163 | state agencies, and small businesses. These entities have no |
4164 | appropriate economically feasible mechanism for disposing of |
4165 | their hazardous wastes at the present time. In order to raise |
4166 | public awareness on this issue, provide an educational process, |
4167 | accommodate those entities which have a need to dispose of small |
4168 | quantities of hazardous waste, and preserve the waters of the |
4169 | state, amnesty days shall be carried out in the following |
4170 | manner: |
4171 | (1) |
4172 | (b) If a local government has established a local or |
4173 | regional hazardous waste collection center pursuant to s. |
4174 | 403.7265(2)(3) and such center is in operation, the department |
4175 | and the local government may enter into a contract whereby the |
4176 | local government shall administer and supervise amnesty days. If |
4177 | a contract is entered into, the department shall provide to the |
4178 | local government, from funds appropriated to the department for |
4179 | amnesty days, an amount of money as determined by the department |
4180 | that is equal to the amount of money that would have been spent |
4181 | by the department to administer and supervise amnesty days in |
4182 | the local government's area. A local government that wishes to |
4183 | administer and supervise amnesty days shall notify the |
4184 | department at least 30 days prior to the beginning of the state |
4185 | fiscal year during which the amnesty days are scheduled to be |
4186 | held in the local government's area. |
4187 | Section 150. Paragraphs (b) and (d) of subsection (3) and |
4188 | subsection (5) of section 403.7895, Florida Statutes, are |
4189 | amended to read: |
4190 | 403.7895 Requirements for the permitting and certification |
4191 | of commercial hazardous waste incinerators.-- |
4192 | (3) CERTIFICATION OF NEED.-- |
4193 | (b) The board shall make a determination of the need for |
4194 | hazardous waste incinerators, based upon the best available |
4195 | evidence of existing and projected need and available capacity, |
4196 | as presented by the applicant, and as determined by the study |
4197 | required by subsection (5). |
4198 | (d) The board shall not make a determination of need for |
4199 | any hazardous waste incinerator until the study required by |
4200 | subsection (5) is completed. |
4201 | (5) HAZARDOUS WASTE NEEDS AND CAPACITY STUDY.-- |
4202 | (a) The department shall conduct, by November 1, 1994, or |
4203 | the date by which phase 2 of the next capacity assurance plan |
4204 | must be submitted to the United States Environmental Protection |
4205 | Agency, whichever date occurs first, a comprehensive independent |
4206 | study of the current and future need for hazardous waste |
4207 | incineration in the state. The study shall evaluate the |
4208 | projected statewide capacity needs for a 20-year period. The |
4209 | study shall be updated at least every 5 years. |
4210 | (b) The department shall consult with state and nationally |
4211 | recognized experts in the field of hazardous waste management, |
4212 | including representatives from state and federal agencies, |
4213 | industry, local government, environmental groups, universities, |
4214 | and other interested parties. |
4215 | (c) The study components shall include but not be limited |
4216 | to the following: |
4217 | 1. Existing and projected sources, amounts, and types of |
4218 | hazardous waste in the state for which incineration is an |
4219 | appropriate treatment alternative, taking into account all |
4220 | applicable federal regulations on the disposal, storage and |
4221 | treatment or definition of hazardous waste. |
4222 | 2. Existing and projected hazardous waste incinerator |
4223 | capacity in the state and the nation. |
4224 | 3. Existing and projected hazardous waste incineration |
4225 | capacity in boilers and industrial furnaces in the state and the |
4226 | nation. |
4227 | 4. Existing and projected hazardous waste incineration |
4228 | needs, specifically taking into account the impacts of pollution |
4229 | prevention, recycling, and other waste reduction strategies. |
4230 | 5. Any other impacts associated with construction of |
4231 | excess hazardous waste incineration capacity in this state. |
4232 | (d) Upon completion of the study, the department shall |
4233 | present its findings and make recommendations to the board and |
4234 | the Legislature regarding changes in state hazardous waste |
4235 | policies and management strategies. The recommendations shall |
4236 | address the advisability of establishing by statute the maximum |
4237 | capacity for hazardous waste incineration in this state. |
4238 | Section 151. Paragraph (a) of subsection (4) of section |
4239 | 406.02, Florida Statutes, is amended to read: |
4240 | 406.02 Medical Examiners Commission; membership; terms; |
4241 | duties; staff.-- |
4242 | (4) The Medical Examiners Commission shall: |
4243 | (a) Submit annual reports to the Governor and Legislature |
4244 | correlating and setting forth the activities and findings of the |
4245 | several district medical examiners appointed pursuant to this |
4246 | act. A copy of that report shall also be provided to each board |
4247 | of county commissioners. |
4248 | Section 152. Paragraph (g) of subsection (1) of section |
4249 | 408.033, Florida Statutes, is amended to read: |
4250 | 408.033 Local and state health planning.-- |
4251 | (1) LOCAL HEALTH COUNCILS.-- |
4252 | (g) Each local health council is authorized to accept and |
4253 | receive, in furtherance of its health planning functions, funds, |
4254 | grants, and services from governmental agencies and from private |
4255 | or civic sources and to perform studies related to local health |
4256 | planning in exchange for such funds, grants, or services. Each |
4257 | local health council shall, no later than January 30 of each |
4258 | year, render an accounting of the receipt and disbursement of |
4259 | such funds received by it to the Department of Health. The |
4260 | department shall consolidate all such reports and submit such |
4261 | consolidated report to the Legislature no later than March 1 of |
4262 | each year. |
4263 | Section 153. Subsection (4) of section 408.914, Florida |
4264 | Statutes, is amended to read: |
4265 | 408.914 Phased implementation plan.--The Agency for Health |
4266 | Care Administration, in consultation with the Health Care Access |
4267 | Steering Committee created in s. 408.916, shall phase in the |
4268 | implementation of the Comprehensive Health and Human Services |
4269 | Eligibility Access System. |
4270 | (4) The Agency for Health Care Administration, in |
4271 | consultation with the steering committee, shall complete |
4272 | analysis of the initial pilot project by November 1, 2003, and |
4273 | by January 1, 2004, shall submit a plan to the Governor, the |
4274 | President of the Senate, and the Speaker of the House of |
4275 | Representatives for statewide implementation of all components |
4276 | of the system, if warranted. This plan must also include |
4277 | recommendations for incorporating additional public assistance |
4278 | and human services programs into the Comprehensive Health and |
4279 | Human Services Eligibility Access System. |
4280 | Section 154. Paragraph (i) of subsection (3) of section |
4281 | 408.915, Florida Statutes, is amended to read: |
4282 | 408.915 Eligibility pilot project.--The Agency for Health |
4283 | Care Administration, in consultation with the steering committee |
4284 | established in s. 408.916, shall develop and implement a pilot |
4285 | project to integrate the determination of eligibility for health |
4286 | care services with information and referral services. |
4287 | (3) The information and referral provider in the site |
4288 | selected as the pilot project shall, at a minimum: |
4289 | (i) Provide periodic reports to the Governor, the |
4290 | President of the Senate, and the Speaker of the House of |
4291 | Representatives on the use of the information and referral |
4292 | system and on measures that demonstrate the effectiveness and |
4293 | efficiency of the information and referral services provided. |
4294 | Section 155. Section 408.917, Florida Statutes, is |
4295 | repealed. |
4296 | Section 156. Paragraph (b) of subsection (7) of section |
4297 | 409.1451, Florida Statutes, is amended to read: |
4298 | 409.1451 Independent living transition services.-- |
4299 | (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The |
4300 | Secretary of Children and Family Services shall establish the |
4301 | Independent Living Services Advisory Council for the purpose of |
4302 | reviewing and making recommendations concerning the |
4303 | implementation and operation of the independent living |
4304 | transition services. This advisory council shall continue to |
4305 | function as specified in this subsection until the Legislature |
4306 | determines that the advisory council can no longer provide a |
4307 | valuable contribution to the department's efforts to achieve the |
4308 | goals of the independent living transition services. |
4309 | (b) The advisory council shall report to the secretary |
4310 | appropriate substantive committees of the Senate and the House |
4311 | of Representatives on the status of the implementation of the |
4312 | system of independent living transition services; efforts to |
4313 | publicize the availability of aftercare support services, the |
4314 | Road-to-Independence Scholarship Program, and transitional |
4315 | support services; specific barriers to financial aid created by |
4316 | the scholarship and possible solutions; the success of the |
4317 | services; problems identified; recommendations for department or |
4318 | legislative action; and the department's implementation of the |
4319 | recommendations contained in the Independent Living Services |
4320 | Integration Workgroup Report submitted to the Senate and the |
4321 | House substantive committees December 31, 2002. The department |
4322 | shall submit a report by December 31 of each year to the |
4323 | Governor and Legislature This advisory council report shall be |
4324 | submitted by December 31 of each year that the council is in |
4325 | existence and shall be accompanied by a report from the |
4326 | department which includes a summary of the factors reported on |
4327 | by the council and identifies the recommendations of the |
4328 | advisory council and either describes the department's actions |
4329 | to implement these recommendations or provides the department's |
4330 | rationale for not implementing the recommendations. |
4331 | Section 157. Section 409.146, Florida Statutes, is |
4332 | repealed. |
4333 | Section 158. Section 409.152, Florida Statutes, is |
4334 | repealed. |
4335 | Section 159. Subsections (1) and (2) of section 409.1679, |
4336 | Florida Statutes, are amended to read: |
4337 | 409.1679 Additional requirements;, effective date, |
4338 | reimbursement methodology, and evaluation.-- |
4339 | (1) The programs established under ss. 409.1676 and |
4340 | 409.1677 are to be operational within 6 months after those |
4341 | sections take effect, and, beginning 1 month after this section |
4342 | takes effect and continuing until full operation of those |
4343 | programs is realized, the department shall provide to the |
4344 | Legislature monthly written status reports on the progress |
4345 | toward implementing those programs. |
4346 | (2) The programs established under ss. 409.1676 and |
4347 | 409.1677 must be included as part of the annual evaluation |
4348 | currently required under s. 409.1671. With respect to these |
4349 | specific programs and models, the annual evaluation must be |
4350 | conducted by an independent third party and must include, by |
4351 | specific site, the level of attainment of the targeted outcomes |
4352 | listed in subsection (3). The evaluation of the model programs |
4353 | must include, at a minimum, an assessment of their cost- |
4354 | effectiveness, of their ability to successfully implement the |
4355 | assigned program elements, and of their attainment of |
4356 | performance standards that include legislatively established |
4357 | standards for similar programs and other standards determined |
4358 | jointly by the department and the providers and stated in a |
4359 | contract. |
4360 | Section 160. Section 409.1685, Florida Statutes, is |
4361 | amended to read: |
4362 | 409.1685 Children in foster care; annual report to |
4363 | Legislature.--The Department of Children and Family Services |
4364 | shall submit a written report to the Governor and substantive |
4365 | committees of the Legislature concerning the status of children |
4366 | in foster care and concerning the judicial review mandated by |
4367 | part X of chapter 39. This report shall be submitted by May |
4368 | March 1 of each year and shall include the following information |
4369 | for the prior calendar year: |
4370 | (1) The number of 6-month and annual judicial reviews |
4371 | completed during that period. |
4372 | (2) The number of children in foster care returned to a |
4373 | parent, guardian, or relative as a result of a 6-month or annual |
4374 | judicial review hearing during that period. |
4375 | (3) The number of termination of parental rights |
4376 | proceedings instituted during that period which shall include: |
4377 | (a) The number of termination of parental rights |
4378 | proceedings initiated pursuant to s. 39.703; and |
4379 | (b) The total number of terminations of parental rights |
4380 | ordered. |
4381 | (4) The number of foster care children placed for adoption |
4382 | during that period. |
4383 | Section 161. Paragraph (d) of subsection (5) of section |
4384 | 409.178, Florida Statutes, is amended to read: |
4385 | 409.178 Child Care Executive Partnership Act; findings and |
4386 | intent; grant; limitation; rules.-- |
4387 | (5) |
4388 | (d) Each community coordinated child care agency shall be |
4389 | required to establish a community child care task force for each |
4390 | child care purchasing pool. The task force must be composed of |
4391 | employers, parents, private child care providers, and one |
4392 | representative from the local children's services council, if |
4393 | one exists in the area of the purchasing pool. The community |
4394 | coordinated child care agency is expected to recruit the task |
4395 | force members from existing child care councils, commissions, or |
4396 | task forces already operating in the area of a purchasing pool. |
4397 | A majority of the task force shall consist of employers. Each |
4398 | task force shall develop a plan for the use of child care |
4399 | purchasing pool funds. The plan must show how many children will |
4400 | be served by the purchasing pool, how many will be new to |
4401 | receiving child care services, and how the community coordinated |
4402 | child care agency intends to attract new employers and their |
4403 | employees to the program. |
4404 | Section 162. Paragraph (k) of subsection (4) of section |
4405 | 409.221, Florida Statutes, is amended to read: |
4406 | 409.221 Consumer-directed care program.-- |
4407 | (4) CONSUMER-DIRECTED CARE.-- |
4408 | (k) Reviews and reports.--The agency and the Departments |
4409 | of Elderly Affairs, Health, and Children and Family Services |
4410 | shall each, on an ongoing basis, review and assess the |
4411 | implementation of the consumer-directed care program. By January |
4412 | 15 of each year, the agency shall submit a written report to the |
4413 | Legislature that includes each department's review of the |
4414 | program and contains recommendations for improvements to the |
4415 | program. |
4416 | Section 163. Paragraph (a) of subsection (3) of section |
4417 | 409.25575, Florida Statutes, is amended to read: |
4418 | 409.25575 Support enforcement; privatization.-- |
4419 | (3)(a) The department shall establish a quality assurance |
4420 | program for the privatization of services. The quality assurance |
4421 | program must include standards for each specific component of |
4422 | these services. The department shall establish minimum |
4423 | thresholds for each component. Each program operated pursuant to |
4424 | contract must be evaluated annually by the department or by an |
4425 | objective competent entity designated by the department under |
4426 | the provisions of the quality assurance program. The evaluation |
4427 | must be financed from cost savings associated with the |
4428 | privatization of services. The department shall submit an annual |
4429 | report regarding quality performance, outcome measure |
4430 | attainment, and cost efficiency to the President of the Senate, |
4431 | the Speaker of the House of Representatives, the Minority leader |
4432 | of each house of the Legislature, and the Governor no later than |
4433 | January 31 of each year, beginning in 1999. The quality |
4434 | assurance program must be financed through administrative |
4435 | savings generated by this act. |
4436 | Section 164. Subsection (7) of section 409.2558, Florida |
4437 | Statutes, is amended to read: |
4438 | 409.2558 Support distribution and disbursement.-- |
4439 | (7) RULEMAKING AUTHORITY.--The department may adopt rules |
4440 | to administer this section. The department shall provide a draft |
4441 | of the proposed concepts for the rule for the undistributable |
4442 | collections to interested parties for review and recommendations |
4443 | prior to full development of the rule and initiating the formal |
4444 | rule-development process. The department shall consider but is |
4445 | not required to implement the recommendations. The department |
4446 | shall provide a report to the President of the Senate and the |
4447 | Speaker of the House of Representatives containing the |
4448 | recommendations received from interested parties and the |
4449 | department's response regarding incorporating the |
4450 | recommendations into the rule. |
4451 | Section 165. Section 409.2567, Florida Statutes, is |
4452 | amended to read: |
4453 | 409.2567 Services to individuals not otherwise |
4454 | eligible.--All support services provided by the department shall |
4455 | be made available on behalf of all dependent children. Services |
4456 | shall be provided upon acceptance of public assistance or upon |
4457 | proper application filed with the department. The department |
4458 | shall adopt rules to provide for the payment of a $25 |
4459 | application fee from each applicant who is not a public |
4460 | assistance recipient. The application fee shall be deposited in |
4461 | the Child Support Enforcement Application and Program Revenue |
4462 | Trust Fund within the Department of Revenue to be used for the |
4463 | Child Support Enforcement Program. The obligor is responsible |
4464 | for all administrative costs, as defined in s. 409.2554. The |
4465 | court shall order payment of administrative costs without |
4466 | requiring the department to have a member of the bar testify or |
4467 | submit an affidavit as to the reasonableness of the costs. An |
4468 | attorney-client relationship exists only between the department |
4469 | and the legal services providers in Title IV-D cases. The |
4470 | attorney shall advise the obligee in Title IV-D cases that the |
4471 | attorney represents the agency and not the obligee. In Title IV- |
4472 | D cases, any costs, including filing fees, recording fees, |
4473 | mediation costs, service of process fees, and other expenses |
4474 | incurred by the clerk of the circuit court, shall be assessed |
4475 | only against the nonprevailing obligor after the court makes a |
4476 | determination of the nonprevailing obligor's ability to pay such |
4477 | costs and fees. In any case where the court does not award all |
4478 | costs, the court shall state in the record its reasons for not |
4479 | awarding the costs. The Department of Revenue shall not be |
4480 | considered a party for purposes of this section; however, fees |
4481 | may be assessed against the department pursuant to s. 57.105(1). |
4482 | The department shall submit a monthly report to the Governor and |
4483 | the chairs of the Health and Human Services Fiscal Committee of |
4484 | the House of Representatives and the Ways and Means Committee of |
4485 | the Senate specifying the funds identified for collection from |
4486 | the noncustodial parents of children receiving temporary |
4487 | assistance and the amounts actually collected. |
4488 | Section 166. Subsection (3) of section 409.441, Florida |
4489 | Statutes, is amended to read: |
4490 | 409.441 Runaway youth programs and centers.-- |
4491 | (3) STATE PLAN FOR THE HANDLING OF RUNAWAY YOUTHS.-- |
4492 | (a) The department shall develop a state plan for the |
4493 | handling of runaway youths and for providing services connected |
4494 | with the runaway problem. The plan shall be submitted to the |
4495 | Speaker of the House of Representatives, the President of the |
4496 | Senate, and the Governor no later than February 1, 1984. |
4497 | (b) The plan shall include: |
4498 | 1. Needs assessments for the state and for each district; |
4499 | 2. Criteria and procedures for handling and referral of |
4500 | troubled youths and runaway youths using the least restrictive |
4501 | alternatives available; |
4502 | 3. Provisions for contacting parents or guardians; |
4503 | 4. Policy for coordinating relationships between involved |
4504 | agencies, runaway youth centers, law enforcement agencies, and |
4505 | the department; |
4506 | 5. Statewide statistics on client groups; |
4507 | 6. Funding formulas for runaway youth centers which |
4508 | provide standard services and receive state funds; and |
4509 | 7. Standards and program goals for runaway youth centers, |
4510 | with emphasis on early intervention and aftercare. |
4511 | Section 167. Subsection (24) of section 409.906, Florida |
4512 | Statutes, is amended to read: |
4513 | 409.906 Optional Medicaid services.--Subject to specific |
4514 | appropriations, the agency may make payments for services which |
4515 | are optional to the state under Title XIX of the Social Security |
4516 | Act and are furnished by Medicaid providers to recipients who |
4517 | are determined to be eligible on the dates on which the services |
4518 | were provided. Any optional service that is provided shall be |
4519 | provided only when medically necessary and in accordance with |
4520 | state and federal law. Optional services rendered by providers |
4521 | in mobile units to Medicaid recipients may be restricted or |
4522 | prohibited by the agency. Nothing in this section shall be |
4523 | construed to prevent or limit the agency from adjusting fees, |
4524 | reimbursement rates, lengths of stay, number of visits, or |
4525 | number of services, or making any other adjustments necessary to |
4526 | comply with the availability of moneys and any limitations or |
4527 | directions provided for in the General Appropriations Act or |
4528 | chapter 216. If necessary to safeguard the state's systems of |
4529 | providing services to elderly and disabled persons and subject |
4530 | to the notice and review provisions of s. 216.177, the Governor |
4531 | may direct the Agency for Health Care Administration to amend |
4532 | the Medicaid state plan to delete the optional Medicaid service |
4533 | known as "Intermediate Care Facilities for the Developmentally |
4534 | Disabled." Optional services may include: |
4535 | (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The Agency |
4536 | for Health Care Administration, in consultation with the |
4537 | Department of Children and Family Services, may establish a |
4538 | targeted case-management project in those counties identified by |
4539 | the Department of Children and Family Services and for all |
4540 | counties with a community-based child welfare project, as |
4541 | authorized under s. 409.1671, which have been specifically |
4542 | approved by the department. Results of targeted case management |
4543 | projects shall be reported to the Social Services Estimating |
4544 | Conference established under s. 216.136. The covered group of |
4545 | individuals who are eligible to receive targeted case management |
4546 | include children who are eligible for Medicaid; who are between |
4547 | the ages of birth through 21; and who are under protective |
4548 | supervision or postplacement supervision, under foster-care |
4549 | supervision, or in shelter care or foster care. The number of |
4550 | individuals who are eligible to receive targeted case management |
4551 | shall be limited to the number for whom the Department of |
4552 | Children and Family Services has available matching funds to |
4553 | cover the costs. The general revenue funds required to match the |
4554 | funds for services provided by the community-based child welfare |
4555 | projects are limited to funds available for services described |
4556 | under s. 409.1671. The Department of Children and Family |
4557 | Services may transfer the general revenue matching funds as |
4558 | billed by the Agency for Health Care Administration. |
4559 | Section 168. Subsections (4) and (5) of section 409.9065, |
4560 | Florida Statutes, are amended to read: |
4561 | 409.9065 Pharmaceutical expense assistance.-- |
4562 | (4) ADMINISTRATION.--The pharmaceutical expense assistance |
4563 | program shall be administered by the agency, in collaboration |
4564 | with the Department of Elderly Affairs and the Department of |
4565 | Children and Family Services. |
4566 | (a) The agency shall, by rule, establish for the |
4567 | pharmaceutical expense assistance program eligibility |
4568 | requirements; limits on participation; benefit limitations, |
4569 | including copayments; a requirement for generic drug |
4570 | substitution; and other program parameters comparable to those |
4571 | of the Medicaid program. Individuals eligible to participate in |
4572 | this program are not subject to the limit of four brand name |
4573 | drugs per month per recipient as specified in s. 409.912(40)(a). |
4574 | There shall be no monetary limit on prescription drugs purchased |
4575 | with discounts of less than 51 percent unless the agency |
4576 | determines there is a risk of a funding shortfall in the |
4577 | program. If the agency determines there is a risk of a funding |
4578 | shortfall, the agency may establish monetary limits on |
4579 | prescription drugs which shall not be less than $160 worth of |
4580 | prescription drugs per month. |
4581 | (b) By January 1 of each year, the agency shall report to |
4582 | the Legislature on the operation of the program. The report |
4583 | shall include information on the number of individuals served, |
4584 | use rates, and expenditures under the program. The report shall |
4585 | also address the impact of the program on reducing unmet |
4586 | pharmaceutical drug needs among the elderly and recommend |
4587 | programmatic changes. |
4588 | (5) NONENTITLEMENT.--The pharmaceutical expense assistance |
4589 | program established by this section is not an entitlement. |
4590 | Enrollment levels are limited to those authorized by the |
4591 | Legislature in the annual General Appropriations Act. If, after |
4592 | establishing monetary limits as required by subsection paragraph |
4593 | (4)(a), funds are insufficient to serve all eligible individuals |
4594 | seeking coverage, the agency may develop a waiting list based on |
4595 | application dates to use in enrolling individuals in unfilled |
4596 | enrollment slots. |
4597 | Section 169. Section 409.91188, Florida Statutes, is |
4598 | amended to read: |
4599 | 409.91188 Specialty prepaid health plans for Medicaid |
4600 | recipients with HIV or AIDS.--The agency for Health Care |
4601 | Administration is authorized to contract with specialty prepaid |
4602 | health plans and pay them on a prepaid capitated basis to |
4603 | provide Medicaid benefits to Medicaid-eligible recipients who |
4604 | have human immunodeficiency syndrome (HIV) or acquired |
4605 | immunodeficiency syndrome (AIDS). The agency shall apply for and |
4606 | is authorized to implement federal waivers or other necessary |
4607 | federal authorization to implement the prepaid health plans |
4608 | authorized by this section. The agency shall procure the |
4609 | specialty prepaid health plans through a competitive |
4610 | procurement. In awarding a contract to a managed care plan, the |
4611 | agency shall take into account price, quality, accessibility, |
4612 | linkages to community-based organizations, and the |
4613 | comprehensiveness of the benefit package offered by the plan. |
4614 | The agency may bid the HIV/AIDS specialty plans on a county, |
4615 | regional, or statewide basis. Qualified plans must be licensed |
4616 | under chapter 641. The agency shall monitor and evaluate the |
4617 | implementation of this waiver program if it is approved by the |
4618 | Federal Government and shall report on its status to the |
4619 | President of the Senate and the Speaker of the House of |
4620 | Representatives by February 1, 2001. To improve coordination of |
4621 | medical care delivery and to increase cost efficiency for the |
4622 | Medicaid program in treating HIV disease, the agency for Health |
4623 | Care Administration shall seek all necessary federal waivers to |
4624 | allow participation in the Medipass HIV disease management |
4625 | program for Medicare beneficiaries who test positive for HIV |
4626 | infection and who also qualify for Medicaid benefits such as |
4627 | prescription medications not covered by Medicare. |
4628 | Section 170. Paragraphs (b) and (c) of subsection (4), |
4629 | subsection (5), paragraph (c) of subsection (21), subsections |
4630 | (29), (41), and (44), and paragraph (c) of subsection (49) of |
4631 | section 409.912, Florida Statutes, are amended to read: |
4632 | 409.912 Cost-effective purchasing of health care.--The |
4633 | agency shall purchase goods and services for Medicaid recipients |
4634 | in the most cost-effective manner consistent with the delivery |
4635 | of quality medical care. To ensure that medical services are |
4636 | effectively utilized, the agency may, in any case, require a |
4637 | confirmation or second physician's opinion of the correct |
4638 | diagnosis for purposes of authorizing future services under the |
4639 | Medicaid program. This section does not restrict access to |
4640 | emergency services or poststabilization care services as defined |
4641 | in 42 C.F.R. part 438.114. Such confirmation or second opinion |
4642 | shall be rendered in a manner approved by the agency. The agency |
4643 | shall maximize the use of prepaid per capita and prepaid |
4644 | aggregate fixed-sum basis services when appropriate and other |
4645 | alternative service delivery and reimbursement methodologies, |
4646 | including competitive bidding pursuant to s. 287.057, designed |
4647 | to facilitate the cost-effective purchase of a case-managed |
4648 | continuum of care. The agency shall also require providers to |
4649 | minimize the exposure of recipients to the need for acute |
4650 | inpatient, custodial, and other institutional care and the |
4651 | inappropriate or unnecessary use of high-cost services. The |
4652 | agency may mandate prior authorization, drug therapy management, |
4653 | or disease management participation for certain populations of |
4654 | Medicaid beneficiaries, certain drug classes, or particular |
4655 | drugs to prevent fraud, abuse, overuse, and possible dangerous |
4656 | drug interactions. The Pharmaceutical and Therapeutics Committee |
4657 | shall make recommendations to the agency on drugs for which |
4658 | prior authorization is required. The agency shall inform the |
4659 | Pharmaceutical and Therapeutics Committee of its decisions |
4660 | regarding drugs subject to prior authorization. The agency is |
4661 | authorized to limit the entities it contracts with or enrolls as |
4662 | Medicaid providers by developing a provider network through |
4663 | provider credentialing. The agency may limit its network based |
4664 | on the assessment of beneficiary access to care, provider |
4665 | availability, provider quality standards, time and distance |
4666 | standards for access to care, the cultural competence of the |
4667 | provider network, demographic characteristics of Medicaid |
4668 | beneficiaries, practice and provider-to-beneficiary standards, |
4669 | appointment wait times, beneficiary use of services, provider |
4670 | turnover, provider profiling, provider licensure history, |
4671 | previous program integrity investigations and findings, peer |
4672 | review, provider Medicaid policy and billing compliance records, |
4673 | clinical and medical record audits, and other factors. Providers |
4674 | shall not be entitled to enrollment in the Medicaid provider |
4675 | network. The agency is authorized to seek federal waivers |
4676 | necessary to implement this policy. |
4677 | (4) The agency may contract with: |
4678 | (b) An entity that is providing comprehensive behavioral |
4679 | health care services to certain Medicaid recipients through a |
4680 | capitated, prepaid arrangement pursuant to the federal waiver |
4681 | provided for by s. 409.905(5). Such an entity must be licensed |
4682 | under chapter 624, chapter 636, or chapter 641 and must possess |
4683 | the clinical systems and operational competence to manage risk |
4684 | and provide comprehensive behavioral health care to Medicaid |
4685 | recipients. As used in this paragraph, the term "comprehensive |
4686 | behavioral health care services" means covered mental health and |
4687 | substance abuse treatment services that are available to |
4688 | Medicaid recipients. The secretary of the Department of Children |
4689 | and Family Services shall approve provisions of procurements |
4690 | related to children in the department's care or custody prior to |
4691 | enrolling such children in a prepaid behavioral health plan. Any |
4692 | contract awarded under this paragraph must be competitively |
4693 | procured. In developing the behavioral health care prepaid plan |
4694 | procurement document, the agency shall ensure that the |
4695 | procurement document must require requires the contractor to |
4696 | develop and implement a plan to ensure compliance with s. |
4697 | 394.4574 related to services provided to residents of licensed |
4698 | assisted living facilities that hold a limited mental health |
4699 | license. Except as provided in subparagraph 6. 8., the agency |
4700 | shall seek federal approval to contract with a single entity |
4701 | meeting these requirements to provide comprehensive behavioral |
4702 | health care services to all Medicaid recipients not enrolled in |
4703 | a managed care plan in an AHCA area. Each entity must offer |
4704 | sufficient choice of providers in its network to ensure |
4705 | recipient access to care and the opportunity to select a |
4706 | provider with whom they are satisfied. The network shall include |
4707 | all public mental health hospitals. To ensure unimpaired access |
4708 | to behavioral health care services by Medicaid recipients, all |
4709 | contracts issued pursuant to this paragraph shall require 80 |
4710 | percent of the capitation paid to the managed care plan, |
4711 | including health maintenance organizations, to be expended for |
4712 | the provision of behavioral health care services. In the event |
4713 | the managed care plan expends less than 80 percent of the |
4714 | capitation paid pursuant to this paragraph for the provision of |
4715 | behavioral health care services, the difference shall be |
4716 | returned to the agency. The agency shall provide the managed |
4717 | care plan with a certification letter indicating the amount of |
4718 | capitation paid during each calendar year for the provision of |
4719 | behavioral health care services pursuant to this section. The |
4720 | agency may reimburse for substance abuse treatment services on a |
4721 | fee-for-service basis until the agency finds that adequate funds |
4722 | are available for capitated, prepaid arrangements. |
4723 | 1. By January 1, 2001, the agency shall modify the |
4724 | contracts with the entities providing comprehensive inpatient |
4725 | and outpatient mental health care services to Medicaid |
4726 | recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk |
4727 | Counties, to include substance abuse treatment services. |
4728 | 2. By July 1, 2003, the agency and the Department of |
4729 | Children and Family Services shall execute a written agreement |
4730 | that requires collaboration and joint development of all policy, |
4731 | budgets, procurement documents, contracts, and monitoring plans |
4732 | that have an impact on the state and Medicaid community mental |
4733 | health and targeted case management programs. |
4734 | 1.3. Except as provided in subparagraph 6. 8., by July 1, |
4735 | 2006, the agency and the Department of Children and Family |
4736 | Services shall contract with managed care entities in each AHCA |
4737 | area except area 6 or arrange to provide comprehensive inpatient |
4738 | and outpatient mental health and substance abuse services |
4739 | through capitated prepaid arrangements to all Medicaid |
4740 | recipients who are eligible to participate in such plans under |
4741 | federal law and regulation. In AHCA areas where eligible |
4742 | individuals number less than 150,000, the agency shall contract |
4743 | with a single managed care plan to provide comprehensive |
4744 | behavioral health services to all recipients who are not |
4745 | enrolled in a Medicaid health maintenance organization. The |
4746 | agency may contract with more than one comprehensive behavioral |
4747 | health provider to provide care to recipients who are not |
4748 | enrolled in a Medicaid health maintenance organization in AHCA |
4749 | areas where the eligible population exceeds 150,000. Contracts |
4750 | for comprehensive behavioral health providers awarded pursuant |
4751 | to this section shall be competitively procured. Both for-profit |
4752 | and not-for-profit corporations shall be eligible to compete. |
4753 | Managed care plans contracting with the agency under subsection |
4754 | (3) shall provide and receive payment for the same comprehensive |
4755 | behavioral health benefits as provided in AHCA rules, including |
4756 | handbooks incorporated by reference. |
4757 | 4. By October 1, 2003, the agency and the department shall |
4758 | submit a plan to the Governor, the President of the Senate, and |
4759 | the Speaker of the House of Representatives which provides for |
4760 | the full implementation of capitated prepaid behavioral health |
4761 | care in all areas of the state. |
4762 | a. Implementation shall begin in 2003 in those AHCA areas |
4763 | of the state where the agency is able to establish sufficient |
4764 | capitation rates. |
4765 | 2.b. If the agency determines that the proposed capitation |
4766 | rate in any area is insufficient to provide appropriate |
4767 | services, the agency may adjust the capitation rate to ensure |
4768 | that care will be available. The agency and the department may |
4769 | use existing general revenue to address any additional required |
4770 | match but may not over-obligate existing funds on an annualized |
4771 | basis. |
4772 | c. Subject to any limitations provided for in the General |
4773 | Appropriations Act, the agency, in compliance with appropriate |
4774 | federal authorization, shall develop policies and procedures |
4775 | that allow for certification of local and state funds. |
4776 | 3.5. Children residing in a statewide inpatient |
4777 | psychiatric program, or in a Department of Juvenile Justice or a |
4778 | Department of Children and Family Services residential program |
4779 | approved as a Medicaid behavioral health overlay services |
4780 | provider shall not be included in a behavioral health care |
4781 | prepaid health plan or any other Medicaid managed care plan |
4782 | pursuant to this paragraph. |
4783 | 4.6. In converting to a prepaid system of delivery, the |
4784 | agency shall in its procurement document require an entity |
4785 | providing only comprehensive behavioral health care services to |
4786 | prevent the displacement of indigent care patients by enrollees |
4787 | in the Medicaid prepaid health plan providing behavioral health |
4788 | care services from facilities receiving state funding to provide |
4789 | indigent behavioral health care, to facilities licensed under |
4790 | chapter 395 which do not receive state funding for indigent |
4791 | behavioral health care, or reimburse the unsubsidized facility |
4792 | for the cost of behavioral health care provided to the displaced |
4793 | indigent care patient. |
4794 | 5.7. Traditional community mental health providers under |
4795 | contract with the Department of Children and Family Services |
4796 | pursuant to part IV of chapter 394, child welfare providers |
4797 | under contract with the Department of Children and Family |
4798 | Services in areas 1 and 6, and inpatient mental health providers |
4799 | licensed pursuant to chapter 395 must be offered an opportunity |
4800 | to accept or decline a contract to participate in any provider |
4801 | network for prepaid behavioral health services. |
4802 | 6.8. For fiscal year 2004-2005, all Medicaid eligible |
4803 | children, except children in areas 1 and 6, whose cases are open |
4804 | for child welfare services in the HomeSafeNet system, shall be |
4805 | enrolled in MediPass or in Medicaid fee-for-service and all |
4806 | their behavioral health care services including inpatient, |
4807 | outpatient psychiatric, community mental health, and case |
4808 | management shall be reimbursed on a fee-for-service basis. |
4809 | Beginning July 1, 2005, such children, who are open for child |
4810 | welfare services in the HomeSafeNet system, shall receive their |
4811 | behavioral health care services through a specialty prepaid plan |
4812 | operated by community-based lead agencies either through a |
4813 | single agency or formal agreements among several agencies. The |
4814 | specialty prepaid plan must result in savings to the state |
4815 | comparable to savings achieved in other Medicaid managed care |
4816 | and prepaid programs. Such plan must provide mechanisms to |
4817 | maximize state and local revenues. The specialty prepaid plan |
4818 | shall be developed by the agency and the Department of Children |
4819 | and Family Services. The agency is authorized to seek any |
4820 | federal waivers to implement this initiative. |
4821 | (c) A federally qualified health center or an entity owned |
4822 | by one or more federally qualified health centers or an entity |
4823 | owned by other migrant and community health centers receiving |
4824 | non-Medicaid financial support from the Federal Government to |
4825 | provide health care services on a prepaid or fixed-sum basis to |
4826 | recipients. Such prepaid health care services entity must be |
4827 | licensed under parts I and III of chapter 641, but shall be |
4828 | prohibited from serving Medicaid recipients on a prepaid basis, |
4829 | until such licensure has been obtained. However, such an entity |
4830 | is exempt from s. 641.225 if the entity meets the requirements |
4831 | specified in subsections (16)(17) and (17)(18). |
4832 | (5) By October 1, 2003, the agency and the department |
4833 | shall, to the extent feasible, develop a plan for implementing |
4834 | new Medicaid procedure codes for emergency and crisis care, |
4835 | supportive residential services, and other services designed to |
4836 | maximize the use of Medicaid funds for Medicaid-eligible |
4837 | recipients. The agency shall include in the agreement developed |
4838 | pursuant to subsection (4) a provision that ensures that the |
4839 | match requirements for these new procedure codes are met by |
4840 | certifying eligible general revenue or local funds that are |
4841 | currently expended on these services by the department with |
4842 | contracted alcohol, drug abuse, and mental health providers. The |
4843 | plan must describe specific procedure codes to be implemented, a |
4844 | projection of the number of procedures to be delivered during |
4845 | fiscal year 2003-2004, and a financial analysis that describes |
4846 | the certified match procedures, and accountability mechanisms, |
4847 | projects the earnings associated with these procedures, and |
4848 | describes the sources of state match. This plan may not be |
4849 | implemented in any part until approved by the Legislative Budget |
4850 | Commission. If such approval has not occurred by December 31, |
4851 | 2003, the plan shall be submitted for consideration by the 2004 |
4852 | Legislature. |
4853 | (20)(21) Any entity contracting with the agency pursuant |
4854 | to this section to provide health care services to Medicaid |
4855 | recipients is prohibited from engaging in any of the following |
4856 | practices or activities: |
4857 | (c) Granting or offering of any monetary or other valuable |
4858 | consideration for enrollment, except as authorized by subsection |
4859 | (23)(24). |
4860 | (28)(29) The agency shall perform enrollments and |
4861 | disenrollments for Medicaid recipients who are eligible for |
4862 | MediPass or managed care plans. Notwithstanding the prohibition |
4863 | contained in paragraph (20)(21)(f), managed care plans may |
4864 | perform preenrollments of Medicaid recipients under the |
4865 | supervision of the agency or its agents. For the purposes of |
4866 | this section, "preenrollment" means the provision of marketing |
4867 | and educational materials to a Medicaid recipient and assistance |
4868 | in completing the application forms, but shall not include |
4869 | actual enrollment into a managed care plan. An application for |
4870 | enrollment shall not be deemed complete until the agency or its |
4871 | agent verifies that the recipient made an informed, voluntary |
4872 | choice. The agency, in cooperation with the Department of |
4873 | Children and Family Services, may test new marketing initiatives |
4874 | to inform Medicaid recipients about their managed care options |
4875 | at selected sites. The agency shall report to the Legislature on |
4876 | the effectiveness of such initiatives. The agency may contract |
4877 | with a third party to perform managed care plan and MediPass |
4878 | enrollment and disenrollment services for Medicaid recipients |
4879 | and is authorized to adopt rules to implement such services. The |
4880 | agency may adjust the capitation rate only to cover the costs of |
4881 | a third-party enrollment and disenrollment contract, and for |
4882 | agency supervision and management of the managed care plan |
4883 | enrollment and disenrollment contract. |
4884 | (40)(41) The agency shall provide for the development of a |
4885 | demonstration project by establishment in Miami-Dade County of a |
4886 | long-term-care facility licensed pursuant to chapter 395 to |
4887 | improve access to health care for a predominantly minority, |
4888 | medically underserved, and medically complex population and to |
4889 | evaluate alternatives to nursing home care and general acute |
4890 | care for such population. Such project is to be located in a |
4891 | health care condominium and colocated with licensed facilities |
4892 | providing a continuum of care. The establishment of this project |
4893 | is not subject to the provisions of s. 408.036 or s. 408.039. |
4894 | The agency shall report its findings to the Governor, the |
4895 | President of the Senate, and the Speaker of the House of |
4896 | Representatives by January 1, 2003. |
4897 | (43)(44) The Agency for Health Care Administration shall |
4898 | ensure that any Medicaid managed care plan as defined in s. |
4899 | 409.9122(2)(h), whether paid on a capitated basis or a shared |
4900 | savings basis, is cost-effective. For purposes of this |
4901 | subsection, the term "cost-effective" means that a network's |
4902 | per-member, per-month costs to the state, including, but not |
4903 | limited to, fee-for-service costs, administrative costs, and |
4904 | case-management fees, must be no greater than the state's costs |
4905 | associated with contracts for Medicaid services established |
4906 | under subsection (3), which shall be actuarially adjusted for |
4907 | case mix, model, and service area. The agency shall conduct |
4908 | actuarially sound audits adjusted for case mix and model in |
4909 | order to ensure such cost-effectiveness and shall publish the |
4910 | audit results on its Internet website and submit the audit |
4911 | results annually to the Governor, the President of the Senate, |
4912 | and the Speaker of the House of Representatives no later than |
4913 | December 31 of each year. Contracts established pursuant to this |
4914 | subsection which are not cost-effective may not be renewed. |
4915 | (48)(49) The agency shall contract with established |
4916 | minority physician networks that provide services to |
4917 | historically underserved minority patients. The networks must |
4918 | provide cost-effective Medicaid services, comply with the |
4919 | requirements to be a MediPass provider, and provide their |
4920 | primary care physicians with access to data and other management |
4921 | tools necessary to assist them in ensuring the appropriate use |
4922 | of services, including inpatient hospital services and |
4923 | pharmaceuticals. |
4924 | (c) For purposes of this subsection, the term "cost- |
4925 | effective" means that a network's per-member, per-month costs to |
4926 | the state, including, but not limited to, fee-for-service costs, |
4927 | administrative costs, and case-management fees, must be no |
4928 | greater than the state's costs associated with contracts for |
4929 | Medicaid services established under subsection (3), which shall |
4930 | be actuarially adjusted for case mix, model, and service area. |
4931 | The agency shall conduct actuarially sound audits adjusted for |
4932 | case mix and model in order to ensure such cost-effectiveness |
4933 | and shall publish the audit results on its Internet website and |
4934 | submit the audit results annually to the Governor, the President |
4935 | of the Senate, and the Speaker of the House of Representatives |
4936 | no later than December 31. Contracts established pursuant to |
4937 | this subsection which are not cost-effective may not be renewed. |
4938 | Section 171. Paragraph (a) of subsection (4) of section |
4939 | 394.9082, Florida Statutes, is amended to read: |
4940 | 394.9082 Behavioral health service delivery strategies.-- |
4941 | (4) CONTRACT FOR SERVICES.-- |
4942 | (a) The Department of Children and Family Services and the |
4943 | Agency for Health Care Administration may contract for the |
4944 | provision or management of behavioral health services with a |
4945 | managing entity in at least two geographic areas. Both the |
4946 | Department of Children and Family Services and the Agency for |
4947 | Health Care Administration must contract with the same managing |
4948 | entity in any distinct geographic area where the strategy |
4949 | operates. This managing entity shall be accountable at a minimum |
4950 | for the delivery of behavioral health services specified and |
4951 | funded by the department and the agency. The geographic area |
4952 | must be of sufficient size in population and have enough public |
4953 | funds for behavioral health services to allow for flexibility |
4954 | and maximum efficiency. Notwithstanding the provisions of s. |
4955 | 409.912(4)(b)1., At least one service delivery strategy must be |
4956 | in one of the service districts in the catchment area of G. |
4957 | Pierce Wood Memorial Hospital. |
4958 | Section 172. Paragraph (a) of subsection (4) of section |
4959 | 409.9065, Florida Statutes, is amended to read: |
4960 | 409.9065 Pharmaceutical expense assistance.-- |
4961 | (4) ADMINISTRATION.--The pharmaceutical expense assistance |
4962 | program shall be administered by the agency, in collaboration |
4963 | with the Department of Elderly Affairs and the Department of |
4964 | Children and Family Services. |
4965 | (a) The agency shall, by rule, establish for the |
4966 | pharmaceutical expense assistance program eligibility |
4967 | requirements; limits on participation; benefit limitations, |
4968 | including copayments; a requirement for generic drug |
4969 | substitution; and other program parameters comparable to those |
4970 | of the Medicaid program. Individuals eligible to participate in |
4971 | this program are not subject to the limit of four brand name |
4972 | drugs per month per recipient as specified in s. |
4973 | 409.912(39)(40)(a). There shall be no monetary limit on |
4974 | prescription drugs purchased with discounts of less than 51 |
4975 | percent unless the agency determines there is a risk of a |
4976 | funding shortfall in the program. If the agency determines there |
4977 | is a risk of a funding shortfall, the agency may establish |
4978 | monetary limits on prescription drugs which shall not be less |
4979 | than $160 worth of prescription drugs per month. |
4980 | Section 173. Subsections (1) and (2) of section 409.91196, |
4981 | Florida Statutes, are amended to read: |
4982 | 409.91196 Supplemental rebate agreements; confidentiality |
4983 | of records and meetings.-- |
4984 | (1) Trade secrets, rebate amount, percent of rebate, |
4985 | manufacturer's pricing, and supplemental rebates which are |
4986 | contained in records of the Agency for Health Care |
4987 | Administration and its agents with respect to supplemental |
4988 | rebate negotiations and which are prepared pursuant to a |
4989 | supplemental rebate agreement under s. 409.912(39)(40)(a)7. are |
4990 | confidential and exempt from s. 119.07 and s. 24(a), Art. I of |
4991 | the State Constitution. |
4992 | (2) Those portions of meetings of the Medicaid |
4993 | Pharmaceutical and Therapeutics Committee at which trade |
4994 | secrets, rebate amount, percent of rebate, manufacturer's |
4995 | pricing, and supplemental rebates are disclosed for discussion |
4996 | or negotiation of a supplemental rebate agreement under s. |
4997 | 409.912(39)(40)(a)7. are exempt from s. 286.011 and s. 24(b), |
4998 | Art. I of the State Constitution. |
4999 | Section 174. Subsection (4) of section 641.386, Florida |
5000 | Statutes, is amended to read: |
5001 | 641.386 Agent licensing and appointment required; |
5002 | exceptions.-- |
5003 | (4) All agents and health maintenance organizations shall |
5004 | comply with and be subject to the applicable provisions of ss. |
5005 | 641.309 and 409.912(20)(21), and all companies and entities |
5006 | appointing agents shall comply with s. 626.451, when marketing |
5007 | for any health maintenance organization licensed pursuant to |
5008 | this part, including those organizations under contract with the |
5009 | Agency for Health Care Administration to provide health care |
5010 | services to Medicaid recipients or any private entity providing |
5011 | health care services to Medicaid recipients pursuant to a |
5012 | prepaid health plan contract with the Agency for Health Care |
5013 | Administration. |
5014 | Section 175. Section 410.0245, Florida Statutes, is |
5015 | repealed. |
5016 | Section 176. Subsection (10) of section 410.604, Florida |
5017 | Statutes, is amended to read: |
5018 | 410.604 Community care for disabled adults program; powers |
5019 | and duties of the department.-- |
5020 | (10) Beginning October 1, 1989, the department shall |
5021 | biennially evaluate the progress of the community care for |
5022 | disabled adults program and submit such evaluation to the |
5023 | Speaker of the House of Representatives and the President of the |
5024 | Senate. |
5025 | Section 177. Section 411.221, Florida Statutes, is |
5026 | repealed. |
5027 | Section 178. Paragraph (d) of subsection (5) of section |
5028 | 411.01, Florida Statutes, as amended by chapter 2004-484, Laws |
5029 | of Florida, is amended to read: |
5030 | 411.01 School readiness programs; early learning |
5031 | coalitions.-- |
5032 | (5) CREATION OF EARLY LEARNING COALITIONS.-- |
5033 | (d) Implementation.-- |
5034 | 1. An early learning coalition may not implement the |
5035 | school readiness program until the coalition is authorized |
5036 | through approval of the coalition's school readiness plan by the |
5037 | Agency for Workforce Innovation. |
5038 | 2. Each early learning coalition shall develop a plan for |
5039 | implementing the school readiness program to meet the |
5040 | requirements of this section and the performance standards and |
5041 | outcome measures adopted by the Agency for Workforce Innovation. |
5042 | The plan must demonstrate how the program will ensure that each |
5043 | 3-year-old and 4-year-old child in a publicly funded school |
5044 | readiness program receives scheduled activities and instruction |
5045 | designed to enhance the age-appropriate progress of the children |
5046 | in attaining the performance standards adopted by the Agency for |
5047 | Workforce Innovation under subparagraph (4)(d)8. Before |
5048 | implementing the school readiness program, the early learning |
5049 | coalition must submit the plan to the Agency for Workforce |
5050 | Innovation for approval. The Agency for Workforce Innovation may |
5051 | approve the plan, reject the plan, or approve the plan with |
5052 | conditions. The Agency for Workforce Innovation shall review |
5053 | school readiness plans at least annually. |
5054 | 3. If the Agency for Workforce Innovation determines |
5055 | during the annual review of school readiness plans, or through |
5056 | monitoring and performance evaluations conducted under paragraph |
5057 | (4)(l), that an early learning coalition has not substantially |
5058 | implemented its plan, has not substantially met the performance |
5059 | standards and outcome measures adopted by the agency, or has not |
5060 | effectively administered the school readiness program or |
5061 | Voluntary Prekindergarten Education Program, the Agency for |
5062 | Workforce Innovation may dissolve the coalition and temporarily |
5063 | contract with a qualified entity to continue school readiness |
5064 | and prekindergarten services in the coalition's county or |
5065 | multicounty region until the coalition is reestablished through |
5066 | resubmission of a school readiness plan and approval by the |
5067 | agency. |
5068 | 4. The Agency for Workforce Innovation shall adopt |
5069 | criteria for the approval of school readiness plans. The |
5070 | criteria must be consistent with the performance standards and |
5071 | outcome measures adopted by the agency and must require each |
5072 | approved plan to include the following minimum standards and |
5073 | provisions: |
5074 | a. A sliding fee scale establishing a copayment for |
5075 | parents based upon their ability to pay, which is the same for |
5076 | all program providers, to be implemented and reflected in each |
5077 | program's budget. |
5078 | b. A choice of settings and locations in licensed, |
5079 | registered, religious-exempt, or school-based programs to be |
5080 | provided to parents. |
5081 | c. Instructional staff who have completed the training |
5082 | course as required in s. 402.305(2)(d)1., as well as staff who |
5083 | have additional training or credentials as required by the |
5084 | Agency for Workforce Innovation. The plan must provide a method |
5085 | for assuring the qualifications of all personnel in all program |
5086 | settings. |
5087 | d. Specific eligibility priorities for children within the |
5088 | early learning coalition's county or multicounty region in |
5089 | accordance with subsection (6). |
5090 | e. Performance standards and outcome measures adopted by |
5091 | the Agency for Workforce Innovation. |
5092 | f. Payment rates adopted by the early learning coalition |
5093 | and approved by the Agency for Workforce Innovation. Payment |
5094 | rates may not have the effect of limiting parental choice or |
5095 | creating standards or levels of services that have not been |
5096 | authorized by the Legislature. |
5097 | g. Systems support services, including a central agency, |
5098 | child care resource and referral, eligibility determinations, |
5099 | training of providers, and parent support and involvement. |
5100 | h. Direct enhancement services to families and children. |
5101 | System support and direct enhancement services shall be in |
5102 | addition to payments for the placement of children in school |
5103 | readiness programs. |
5104 | i. The business organization of the early learning |
5105 | coalition, which must include the coalition's articles of |
5106 | incorporation and bylaws if the coalition is organized as a |
5107 | corporation. If the coalition is not organized as a corporation |
5108 | or other business entity, the plan must include the contract |
5109 | with a fiscal agent. An early learning coalition may contract |
5110 | with other coalitions to achieve efficiency in multicounty |
5111 | services, and these contracts may be part of the coalition's |
5112 | school readiness plan. |
5113 | j. Strategies to meet the needs of unique populations, |
5114 | such as migrant workers. |
5115 |
|
5116 | As part of the school readiness plan, the early learning |
5117 | coalition may request the Governor to apply for a waiver to |
5118 | allow the coalition to administer the Head Start Program to |
5119 | accomplish the purposes of the school readiness program. If a |
5120 | school readiness plan demonstrates that specific statutory goals |
5121 | can be achieved more effectively by using procedures that |
5122 | require modification of existing rules, policies, or procedures, |
5123 | a request for a waiver to the Agency for Workforce Innovation |
5124 | may be submitted as part of the plan. Upon review, the Agency |
5125 | for Workforce Innovation may grant the proposed modification. |
5126 | 5. Persons with an early childhood teaching certificate |
5127 | may provide support and supervision to other staff in the school |
5128 | readiness program. |
5129 | 6. An early learning coalition may not implement its |
5130 | school readiness plan until it submits the plan to and receives |
5131 | approval from the Agency for Workforce Innovation. Once the plan |
5132 | is approved, the plan and the services provided under the plan |
5133 | shall be controlled by the early learning coalition. The plan |
5134 | shall be reviewed and revised as necessary, but at least |
5135 | biennially. An early learning coalition may not implement the |
5136 | revisions until the coalition submits the revised plan to and |
5137 | receives approval from the Agency for Workforce Innovation. If |
5138 | the Agency for Workforce Innovation rejects a revised plan, the |
5139 | coalition must continue to operate under its prior approved |
5140 | plan. |
5141 | 7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not |
5142 | apply to an early learning coalition with an approved school |
5143 | readiness plan. To facilitate innovative practices and to allow |
5144 | the regional establishment of school readiness programs, an |
5145 | early learning coalition may apply to the Governor and Cabinet |
5146 | for a waiver of, and the Governor and Cabinet may waive, any of |
5147 | the provisions of ss. 411.223, 411.232, and 1003.54, if the |
5148 | waiver is necessary for implementation of the coalition's school |
5149 | readiness plan. |
5150 | 8. Two or more counties may join for purposes of planning |
5151 | and implementing a school readiness program. |
5152 | 9. An early learning coalition may, subject to approval by |
5153 | the Agency for Workforce Innovation as part of the coalition's |
5154 | school readiness plan, receive subsidized child care funds for |
5155 | all children eligible for any federal subsidized child care |
5156 | program. |
5157 | 10. An early learning coalition may enter into multiparty |
5158 | contracts with multicounty service providers in order to meet |
5159 | the needs of unique populations such as migrant workers. |
5160 | Section 179. Paragraph (a) of subsection (3) of section |
5161 | 411.232, Florida Statutes, is amended to read: |
5162 | 411.232 Children's Early Investment Program.-- |
5163 | (3) ESSENTIAL ELEMENTS.-- |
5164 | (a) Initially, the program shall be directed to geographic |
5165 | areas where at-risk young children and their families are in |
5166 | greatest need because of an unfavorable combination of economic, |
5167 | social, environmental, and health factors, including, without |
5168 | limitation, extensive poverty, high crime rate, great incidence |
5169 | of low birthweight babies, high incidence of alcohol and drug |
5170 | abuse, and high rates of teenage pregnancy. The selection of a |
5171 | geographic site shall also consider the incidence of young |
5172 | children within these at-risk geographic areas who are cocaine |
5173 | babies, children of single mothers who receive temporary cash |
5174 | assistance, children of teenage parents, low birthweight babies, |
5175 | and very young foster children. To receive funding under this |
5176 | section, an agency, board, council, or provider must |
5177 | demonstrate: |
5178 | 1. Its capacity to administer and coordinate the programs |
5179 | and services in a comprehensive manner and provide a flexible |
5180 | range of services.; |
5181 | 2. Its capacity to identify and serve those children least |
5182 | able to access existing programs and case management services.; |
5183 | 3. Its capacity to administer and coordinate the programs |
5184 | and services in an intensive and continuous manner.; |
5185 | 4. The proximity of its facilities to young children, |
5186 | parents, and other family members to be served by the program, |
5187 | or its ability to provide offsite services.; |
5188 | 5. Its ability to use existing federal, state, and local |
5189 | governmental programs and services in implementing the |
5190 | investment program.; |
5191 | 6. Its ability to coordinate activities and services with |
5192 | existing public and private, state and local agencies and |
5193 | programs such as those responsible for health, education, social |
5194 | support, mental health, child care, respite care, housing, |
5195 | transportation, alcohol and drug abuse treatment and prevention, |
5196 | income assistance, employment training and placement, nutrition, |
5197 | and other relevant services, all the foregoing intended to |
5198 | assist children and families at risk.; |
5199 | 7. How its plan will involve project participants and |
5200 | community representatives in the planning and operation of the |
5201 | investment program.; |
5202 | 8. Its ability to participate in the evaluation component |
5203 | required in this section.; and |
5204 | 9. Its consistency with the strategic plan pursuant to s. |
5205 | 411.221. |
5206 | Section 180. Section 411.242, Florida Statutes, is |
5207 | repealed. |
5208 | Section 181. Subsection (8) of section 413.402, Florida |
5209 | Statutes, is amended to read: |
5210 | 413.402 Personal care attendant pilot program.--The |
5211 | Florida Association of Centers for Independent Living shall |
5212 | develop a pilot program to provide personal care attendants to |
5213 | persons who are eligible pursuant to subsection (1). The |
5214 | association shall develop memoranda of understanding with the |
5215 | Department of Revenue, the Brain and Spinal Cord Injury Program |
5216 | in the Department of Health, the Florida Medicaid program in the |
5217 | Agency for Health Care Administration, the Florida Endowment |
5218 | Foundation for Vocational Rehabilitation, and the Division of |
5219 | Vocational Rehabilitation of the Department of Education. |
5220 | (8) No later than March 1, 2003, the association shall |
5221 | present to the President of the Senate and to the Speaker of the |
5222 | House of Representatives the implementation plan for the pilot |
5223 | program, a timeline for implementation, estimates of the number |
5224 | of participants to be served, and cost projections for each |
5225 | component of the pilot program. The pilot program shall be |
5226 | implemented beginning July 1, 2003, unless there is specific |
5227 | legislative action to the contrary. |
5228 | Section 182. Subsection (3) of section 414.1251, Florida |
5229 | Statutes, is amended to read: |
5230 | 414.1251 Learnfare program.-- |
5231 | (3) The department shall develop an electronic data |
5232 | transfer system to enable the department to collect, report, and |
5233 | share data accurately and efficiently. In order to ensure |
5234 | accountability and assess the effectiveness of the Learnfare |
5235 | program, the department shall compile information including, but |
5236 | not limited to, the number of students and families reported by |
5237 | school districts as out of compliance, the number of students |
5238 | and families sanctioned as a result, and the number of students |
5239 | and families reinstated after becoming compliant. The |
5240 | information compiled shall be submitted in the form of an annual |
5241 | report to the presiding officers of the Legislature by March 1. |
5242 | Section 183. Section 414.14, Florida Statutes, is amended |
5243 | to read: |
5244 | 414.14 Public assistance policy simplification.--To the |
5245 | extent possible, the department shall align the requirements for |
5246 | eligibility under this chapter with the food stamp program and |
5247 | medical assistance eligibility policies and procedures to |
5248 | simplify the budgeting process and reduce errors. If the |
5249 | department determines that s. 414.075, relating to resources, or |
5250 | s. 414.085, relating to income, is inconsistent with related |
5251 | provisions of federal law which govern the food stamp program or |
5252 | medical assistance, and that conformance to federal law would |
5253 | simplify administration of the WAGES Program or reduce errors |
5254 | without materially increasing the cost of the program to the |
5255 | state, the secretary of the department may propose a change in |
5256 | the resource or income requirements of the program by rule. The |
5257 | secretary shall provide written notice to the President of the |
5258 | Senate, the Speaker of the House of Representatives, and the |
5259 | chairpersons of the relevant committees of both houses of the |
5260 | Legislature summarizing the proposed modifications to be made by |
5261 | rule and changes necessary to conform state law to federal law. |
5262 | The proposed rule shall take effect 14 days after written notice |
5263 | is given unless the President of the Senate or the Speaker of |
5264 | the House of Representatives advises the secretary that the |
5265 | proposed rule exceeds the delegated authority of the |
5266 | Legislature. |
5267 | Section 184. Subsection (1) of section 414.36, Florida |
5268 | Statutes, is amended to read: |
5269 | 414.36 Public assistance overpayment recovery program; |
5270 | contracts.-- |
5271 | (1) The department shall develop and implement a plan for |
5272 | the statewide privatization of activities relating to the |
5273 | recovery of public assistance overpayment claims. These |
5274 | activities shall include, at a minimum, voluntary cash |
5275 | collections functions for recovery of fraudulent and |
5276 | nonfraudulent benefits paid to recipients of temporary cash |
5277 | assistance, food stamps, and aid to families with dependent |
5278 | children. |
5279 | Section 185. Subsection (3) of section 414.391, Florida |
5280 | Statutes, is amended to read: |
5281 | 414.391 Automated fingerprint imaging.-- |
5282 | (3) The department shall prepare, by April 1998, a plan |
5283 | for implementation of this program. Implementation shall begin |
5284 | with a pilot of the program in one or more areas of the state by |
5285 | November 1, 1998. Pilot evaluation results shall be used to |
5286 | determine the method of statewide expansion. The priority for |
5287 | use of the savings derived from reducing fraud through this |
5288 | program shall be to expand the program to other areas of the |
5289 | state. |
5290 | Section 186. Subsection (6) of section 415.1045, Florida |
5291 | Statutes, is amended to read: |
5292 | 415.1045 Photographs, videotapes, and medical |
5293 | examinations; abrogation of privileged communications; |
5294 | confidential records and documents.-- |
5295 | (6) WORKING AGREEMENTS.--By March 1, 2004, The department |
5296 | shall enter into working agreements with the jurisdictionally |
5297 | responsible county sheriffs' office or local police department |
5298 | that will be the lead agency when conducting any criminal |
5299 | investigation arising from an allegation of abuse, neglect, or |
5300 | exploitation of a vulnerable adult. The working agreement must |
5301 | specify how the requirements of this chapter will be met. The |
5302 | Office of Program Policy Analysis and Government Accountability |
5303 | shall conduct a review of the efficacy of the agreements and |
5304 | report its findings to the Legislature by March 1, 2005. For the |
5305 | purposes of such agreement, the jurisdictionally responsible law |
5306 | enforcement entity is authorized to share Florida criminal |
5307 | history and local criminal history information that is not |
5308 | otherwise exempt from s. 119.07(1) with the district personnel. |
5309 | A law enforcement entity entering into such agreement must |
5310 | comply with s. 943.0525. Criminal justice information provided |
5311 | by such law enforcement entity shall be used only for the |
5312 | purposes specified in the agreement and shall be provided at no |
5313 | charge. Notwithstanding any other provision of law, the |
5314 | Department of Law Enforcement shall provide to the department |
5315 | electronic access to Florida criminal justice information which |
5316 | is lawfully available and not exempt from s. 119.07(1), only for |
5317 | the purpose of protective investigations and emergency |
5318 | placement. As a condition of access to such information, the |
5319 | department shall be required to execute an appropriate user |
5320 | agreement addressing the access, use, dissemination, and |
5321 | destruction of such information and to comply with all |
5322 | applicable laws and rules of the Department of Law Enforcement. |
5323 | Section 187. Paragraph (a) of subsection (5) of section |
5324 | 415.111, Florida Statutes, is amended to read: |
5325 | 415.111 Criminal penalties.-- |
5326 | (5) A person who knowingly and willfully makes a false |
5327 | report of abuse, neglect, or exploitation of a vulnerable adult, |
5328 | or a person who advises another to make a false report, commits |
5329 | a felony of the third degree, punishable as provided in s. |
5330 | 775.082 or s. 775.083. |
5331 | (a) The department shall establish procedures for |
5332 | determining whether a false report of abuse, neglect, or |
5333 | exploitation of a vulnerable adult has been made and for |
5334 | submitting all identifying information relating to such a false |
5335 | report to the local law enforcement agency as provided in this |
5336 | subsection and shall report annually to the Legislature the |
5337 | number of reports referred. |
5338 | Section 188. Subsection (9) of section 420.622, Florida |
5339 | Statutes, is amended to read: |
5340 | 420.622 State Office on Homelessness; Council on |
5341 | Homelessness.-- |
5342 | (9) The council shall, by December 31 of each year, |
5343 | provide issue to the Governor, the Legislature President of the |
5344 | Senate, the Speaker of the House of Representatives, and the |
5345 | Secretary of Children and Family Services an evaluation of the |
5346 | executive director's performance in fulfilling the statutory |
5347 | duties of the office, a report summarizing the status of |
5348 | homelessness in the state and the council's recommendations to |
5349 | the office and the corresponding actions taken by the office, |
5350 | and any recommendations to the Legislature for reducing |
5351 | proposals to reduce homelessness in this state. |
5352 | Section 189. Subsection (4) of section 420.623, Florida |
5353 | Statutes, is amended to read: |
5354 | 420.623 Local coalitions for the homeless.-- |
5355 | (4) ANNUAL REPORTS.--The department shall submit to the |
5356 | Governor, the Speaker of the House of Representatives, and the |
5357 | President of the Senate, by June 30, an annual report consisting |
5358 | of a compilation of data collected by local coalitions, progress |
5359 | made in the development and implementation of local homeless |
5360 | assistance continuums of care plans in each district, local |
5361 | spending plans, programs and resources available at the local |
5362 | level, and recommendations for programs and funding. |
5363 | Section 190. Subsection (9) of section 427.704, Florida |
5364 | Statutes, is amended to read: |
5365 | 427.704 Powers and duties of the commission.-- |
5366 | (9) The commission shall prepare provide to the President |
5367 | of the Senate and to the Speaker of the House of Representatives |
5368 | an annual report on the operation of the telecommunications |
5369 | access system that shall be available on the commission's |
5370 | Internet website. The first report shall be provided no later |
5371 | than January 1, 1992, and successive reports shall be provided |
5372 | by January 1 of each year thereafter. Reports shall be prepared |
5373 | in consultation with the administrator and the advisory |
5374 | committee appointed pursuant to s. 427.706. The reports shall, |
5375 | at a minimum, briefly outline the status of developments of the |
5376 | telecommunications access system, the number of persons served, |
5377 | the call volume, revenues and expenditures, the allocation of |
5378 | the revenues and expenditures between provision of specialized |
5379 | telecommunications devices to individuals and operation of |
5380 | statewide relay service, other major policy or operational |
5381 | issues, and proposals for improvements or changes to the |
5382 | telecommunications access system. |
5383 | Section 191. Subsection (2) of section 427.706, Florida |
5384 | Statutes, is amended to read: |
5385 | 427.706 Advisory committee.-- |
5386 | (2) The advisory committee shall provide the expertise, |
5387 | experience, and perspective of persons who are hearing impaired |
5388 | or speech impaired to the commission and to the administrator |
5389 | during all phases of the development and operation of the |
5390 | telecommunications access system. The advisory committee shall |
5391 | advise the commission and the administrator on any matter |
5392 | relating to the quality and cost-effectiveness of the |
5393 | telecommunications relay service and the specialized |
5394 | telecommunications devices distribution system. The advisory |
5395 | committee may submit material for inclusion in the annual report |
5396 | prepared pursuant to s. 427.704 to the President of the Senate |
5397 | and the Speaker of the House of Representatives. |
5398 | Section 192. Subsections (3) through (16) of section |
5399 | 430.04, Florida Statutes, are amended to read: |
5400 | 430.04 Duties and responsibilities of the Department of |
5401 | Elderly Affairs.--The Department of Elderly Affairs shall: |
5402 | (3) Prepare and submit to the Governor, each Cabinet |
5403 | member, the President of the Senate, the Speaker of the House of |
5404 | Representatives, the minority leaders of the House and Senate, |
5405 | and chairpersons of appropriate House and Senate committees a |
5406 | master plan for policies and programs in the state related to |
5407 | aging. The plan must identify and assess the needs of the |
5408 | elderly population in the areas of housing, employment, |
5409 | education and training, medical care, long-term care, preventive |
5410 | care, protective services, social services, mental health, |
5411 | transportation, and long-term care insurance, and other areas |
5412 | considered appropriate by the department. The plan must assess |
5413 | the needs of particular subgroups of the population and evaluate |
5414 | the capacity of existing programs, both public and private and |
5415 | in state and local agencies, to respond effectively to |
5416 | identified needs. If the plan recommends the transfer of any |
5417 | program or service from the Department of Children and Family |
5418 | Services to another state department, the plan must also include |
5419 | recommendations that provide for an independent third-party |
5420 | mechanism, as currently exists in the Florida advocacy councils |
5421 | established in ss. 402.165 and 402.166, for protecting the |
5422 | constitutional and human rights of recipients of departmental |
5423 | services. The plan must include policy goals and program |
5424 | strategies designed to respond efficiently to current and |
5425 | projected needs. The plan must also include policy goals and |
5426 | program strategies to promote intergenerational relationships |
5427 | and activities. Public hearings and other appropriate processes |
5428 | shall be utilized by the department to solicit input for the |
5429 | development and updating of the master plan from parties |
5430 | including, but not limited to, the following: |
5431 | (a) Elderly citizens and their families and caregivers. |
5432 | (b) Local-level public and private service providers, |
5433 | advocacy organizations, and other organizations relating to the |
5434 | elderly. |
5435 | (c) Local governments. |
5436 | (d) All state agencies that provide services to the |
5437 | elderly. |
5438 | (e) University centers on aging. |
5439 | (f) Area agency on aging and community care for the |
5440 | elderly lead agencies. |
5441 | (3)(4) Serve as an information clearinghouse at the state |
5442 | level, and assist local-level information and referral resources |
5443 | as a repository and means for dissemination of information |
5444 | regarding all federal, state, and local resources for assistance |
5445 | to the elderly in the areas of, but not limited to, health, |
5446 | social welfare, long-term care, protective services, consumer |
5447 | protection, education and training, housing, employment, |
5448 | recreation, transportation, insurance, and retirement. |
5449 | (4)(5) Recommend guidelines for the development of roles |
5450 | for state agencies that provide services for the aging, review |
5451 | plans of agencies that provide such services, and relay these |
5452 | plans to the Governor and the Legislature, each Cabinet member, |
5453 | the President of the Senate, the Speaker of the House of |
5454 | Representatives, the minority leaders of the House and Senate, |
5455 | and chairpersons of appropriate House and Senate committees. |
5456 | (5)(6) Recommend to the Governor and the Legislature, each |
5457 | Cabinet member, the President of the Senate, the Speaker of the |
5458 | House of Representatives, the minority leaders of the House and |
5459 | Senate, and chairpersons of appropriate House and Senate |
5460 | committees an organizational framework for the planning, |
5461 | coordination, implementation, and evaluation of programs related |
5462 | to aging, with the purpose of expanding and improving programs |
5463 | and opportunities available to the state's elderly population |
5464 | and enhancing a continuum of long-term care. This framework must |
5465 | assure that: |
5466 | (a) Performance objectives are established. |
5467 | (b) Program reviews are conducted statewide. |
5468 | (c) Each major program related to aging is reviewed every |
5469 | 3 years. |
5470 | (d) Agency budget requests reflect the results and |
5471 | recommendations of such program reviews. |
5472 | (d)(e) Program decisions reinforce lead to the distinctive |
5473 | roles established for state agencies that provide aging |
5474 | services. |
5475 | (6)(7) Advise the Governor and the Legislature, each |
5476 | Cabinet member, the President of the Senate, the Speaker of the |
5477 | House of Representatives, the minority leaders of the House and |
5478 | Senate, and the chairpersons of appropriate House and Senate |
5479 | committees regarding the need for and location of programs |
5480 | related to aging. |
5481 | (7)(8) Review and coordinate aging research plans of all |
5482 | state agencies to ensure that the conformance of research |
5483 | objectives address to issues and needs of the state's elderly |
5484 | population addressed in the master plan for policies and |
5485 | programs related to aging. The research activities that must be |
5486 | reviewed and coordinated by the department include, but are not |
5487 | limited to, contracts with academic institutions, development of |
5488 | educational and training curriculums, Alzheimer's disease and |
5489 | other medical research, studies of long-term care and other |
5490 | personal assistance needs, and design of adaptive or modified |
5491 | living environments. |
5492 | (8)(9) Review budget requests for programs related to |
5493 | aging to ensure the most cost-effective use of state funding for |
5494 | the state's elderly population prior to for compliance with the |
5495 | master plan for policies and programs related to aging before |
5496 | submission to the Governor and the Legislature. |
5497 | (10) Update the master plan for policies and programs |
5498 | related to aging every 3 years. |
5499 | (11) Review implementation of the master plan for programs |
5500 | and policies related to aging and annually report to the |
5501 | Governor, each Cabinet member, the President of the Senate, the |
5502 | Speaker of the House of Representatives, the minority leaders of |
5503 | the House and Senate, and the chairpersons of appropriate House |
5504 | and Senate committees the progress towards implementation of the |
5505 | plan. |
5506 | (9)(12) Request other departments that administer programs |
5507 | affecting the state's elderly population to amend their plans, |
5508 | rules, policies, and research objectives as necessary to ensure |
5509 | that programs and other initiatives are coordinated and maximize |
5510 | the state's efforts to address the needs of the elderly conform |
5511 | with the master plan for policies and programs related to aging. |
5512 | (10)(13) Hold public meetings regularly throughout the |
5513 | state for purposes of receiving information and maximizing the |
5514 | visibility of important issues related to aging and the elderly. |
5515 | (11)(14) Conduct policy analysis and program evaluation |
5516 | studies assigned by the Legislature. |
5517 | (12)(15) Assist the Governor, each Cabinet member, and |
5518 | members of the Legislature the President of the Senate, the |
5519 | Speaker of the House of Representatives, the minority leaders of |
5520 | the House and Senate, and the chairpersons of appropriate House |
5521 | and Senate committees in the conduct of their responsibilities |
5522 | in such capacities as they consider appropriate. |
5523 | (13)(16) Call upon appropriate agencies of state |
5524 | government for such assistance as is needed in the discharge of |
5525 | its duties. All agencies shall cooperate in assisting the |
5526 | department in carrying out its responsibilities as prescribed by |
5527 | this section. However, no provision of law with respect to |
5528 | confidentiality of information may be violated. |
5529 | Section 193. Subsections (3) and (8) of section 430.502, |
5530 | Florida Statutes, are amended to read: |
5531 | 430.502 Alzheimer's disease; memory disorder clinics and |
5532 | day care and respite care programs.-- |
5533 | (3) The Alzheimer's Disease Advisory Committee shall must |
5534 | evaluate and make recommendations to the department and the |
5535 | Legislature concerning the need for additional memory disorder |
5536 | clinics in the state. The first report will be due by December |
5537 | 31, 1995. |
5538 | (8) The department will implement the waiver program |
5539 | specified in subsection (7). The agency and the department shall |
5540 | ensure that providers are selected that have a history of |
5541 | successfully serving persons with Alzheimer's disease. The |
5542 | department and the agency shall develop specialized standards |
5543 | for providers and services tailored to persons in the early, |
5544 | middle, and late stages of Alzheimer's disease and designate a |
5545 | level of care determination process and standard that is most |
5546 | appropriate to this population. The department and the agency |
5547 | shall include in the waiver services designed to assist the |
5548 | caregiver in continuing to provide in-home care. The department |
5549 | shall implement this waiver program subject to a specific |
5550 | appropriation or as provided in the General Appropriations Act. |
5551 | The department and the agency shall submit their program design |
5552 | to the President of the Senate and the Speaker of the House of |
5553 | Representatives for consultation during the development process. |
5554 | Section 194. Subsection (1) of section 430.707, Florida |
5555 | Statutes, is amended to read: |
5556 | 430.707 Contracts.-- |
5557 | (1) The department, in consultation with the agency, shall |
5558 | select and contract with managed care organizations and, on a |
5559 | prepaid basis, with other qualified providers as defined in s. |
5560 | 430.703(7) to provide long-term care within community diversion |
5561 | pilot project areas. The agency shall evaluate and report |
5562 | quarterly to the department the compliance by other qualified |
5563 | providers with all the financial and quality assurance |
5564 | requirements of the contract. |
5565 | Section 195. Paragraph (a) of subsection (3) and paragraph |
5566 | (c) of subsection (4) of section 445.003, Florida Statutes, are |
5567 | amended to read: |
5568 | 445.003 Implementation of the federal Workforce Investment |
5569 | Act of 1998.-- |
5570 | (3) FUNDING.-- |
5571 | (a) Title I, Workforce Investment Act of 1998 funds; |
5572 | Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended |
5573 | based on the 5-year plan of Workforce Florida, Inc. The plan |
5574 | shall outline and direct the method used to administer and |
5575 | coordinate various funds and programs that are operated by |
5576 | various agencies. The following provisions shall also apply to |
5577 | these funds: |
5578 | 1. At least 50 percent of the Title I funds for Adults and |
5579 | Dislocated Workers that are passed through to regional workforce |
5580 | boards shall be allocated to Individual Training Accounts unless |
5581 | a regional workforce board obtains a waiver from Workforce |
5582 | Florida, Inc. Tuition, fees, and performance-based incentive |
5583 | awards paid in compliance with Florida's Performance-Based |
5584 | Incentive Fund Program qualify as an Individual Training Account |
5585 | expenditure, as do other programs developed by regional |
5586 | workforce boards in compliance with policies of Workforce |
5587 | Florida, Inc. |
5588 | 2. Fifteen percent of Title I funding shall be retained at |
5589 | the state level and shall be dedicated to state administration |
5590 | and used to design, develop, induce, and fund innovative |
5591 | Individual Training Account pilots, demonstrations, and |
5592 | programs. Of such funds retained at the state level, $2 million |
5593 | shall be reserved for the Incumbent Worker Training Program, |
5594 | created under subparagraph 3. Eligible state administration |
5595 | costs include the costs of: funding for the board and staff of |
5596 | Workforce Florida, Inc.; operating fiscal, compliance, and |
5597 | management accountability systems through Workforce Florida, |
5598 | Inc.; conducting evaluation and research on workforce |
5599 | development activities; and providing technical and capacity |
5600 | building assistance to regions at the direction of Workforce |
5601 | Florida, Inc. Notwithstanding s. 445.004, such administrative |
5602 | costs shall not exceed 25 percent of these funds. An amount not |
5603 | to exceed 75 percent of these funds shall be allocated to |
5604 | Individual Training Accounts and other workforce development |
5605 | strategies for: the Minority Teacher Education Scholars program, |
5606 | the Certified Teacher-Aide program, the Self-Employment |
5607 | Institute, and other training designed and tailored by Workforce |
5608 | Florida, Inc., including, but not limited to, programs for |
5609 | incumbent workers, displaced homemakers, nontraditional |
5610 | employment, empowerment zones, and enterprise zones. Workforce |
5611 | Florida, Inc., shall design, adopt, and fund Individual Training |
5612 | Accounts for distressed urban and rural communities. |
5613 | 3. The Incumbent Worker Training Program is created for |
5614 | the purpose of providing grant funding for continuing education |
5615 | and training of incumbent employees at existing Florida |
5616 | businesses. The program will provide reimbursement grants to |
5617 | businesses that pay for preapproved, direct, training-related |
5618 | costs. |
5619 | a. The Incumbent Worker Training Program will be |
5620 | administered by Workforce Florida, Inc. Workforce Florida, Inc., |
5621 | at its discretion, may contract with a private business |
5622 | organization to serve as grant administrator. |
5623 | b. To be eligible for the program's grant funding, a |
5624 | business must have been in operation in Florida for a minimum of |
5625 | 1 year prior to the application for grant funding; have at least |
5626 | one full-time employee; demonstrate financial viability; and be |
5627 | current on all state tax obligations. Priority for funding shall |
5628 | be given to businesses with 25 employees or fewer, businesses in |
5629 | rural areas, businesses in distressed inner-city areas, |
5630 | businesses in a qualified targeted industry, businesses whose |
5631 | grant proposals represent a significant upgrade in employee |
5632 | skills, or businesses whose grant proposals represent a |
5633 | significant layoff avoidance strategy. |
5634 | c. All costs reimbursed by the program must be preapproved |
5635 | by Workforce Florida, Inc., or the grant administrator. The |
5636 | program will not reimburse businesses for trainee wages, the |
5637 | purchase of capital equipment, or the purchase of any item or |
5638 | service that may possibly be used outside the training project. |
5639 | A business approved for a grant may be reimbursed for |
5640 | preapproved, direct, training-related costs including tuition |
5641 | and fees; books and classroom materials; and overhead or |
5642 | indirect costs not to exceed 5 percent of the grant amount. |
5643 | d. A business that is selected to receive grant funding |
5644 | must provide a matching contribution to the training project, |
5645 | including, but not limited to, wages paid to trainees or the |
5646 | purchase of capital equipment used in the training project; must |
5647 | sign an agreement with Workforce Florida, Inc., or the grant |
5648 | administrator to complete the training project as proposed in |
5649 | the application; must keep accurate records of the project's |
5650 | implementation process; and must submit monthly or quarterly |
5651 | reimbursement requests with required documentation. |
5652 | e. All Incumbent Worker Training Program grant projects |
5653 | shall be performance-based with specific measurable performance |
5654 | outcomes, including completion of the training project and job |
5655 | retention. Workforce Florida, Inc., or the grant administrator |
5656 | shall withhold the final payment to the grantee until a final |
5657 | grant report is submitted and all performance criteria specified |
5658 | in the grant contract have been achieved. |
5659 | f. Workforce Florida, Inc., may establish guidelines |
5660 | necessary to implement the Incumbent Worker Training Program. |
5661 | g. No more than 10 percent of the Incumbent Worker |
5662 | Training Program's total appropriation may be used for overhead |
5663 | or indirect purposes. |
5664 | h. Workforce Florida, Inc., shall submit a report to the |
5665 | Legislature on the financial and general operations of the |
5666 | Incumbent Worker Training Program as part of its annual report |
5667 | submitted pursuant to s. 445.004. Such report will be due before |
5668 | October 1 of any fiscal year for which the program is funded by |
5669 | the Legislature. |
5670 | 4. At least 50 percent of Rapid Response funding shall be |
5671 | dedicated to Intensive Services Accounts and Individual Training |
5672 | Accounts for dislocated workers and incumbent workers who are at |
5673 | risk of dislocation. Workforce Florida, Inc., shall also |
5674 | maintain an Emergency Preparedness Fund from Rapid Response |
5675 | funds which will immediately issue Intensive Service Accounts |
5676 | and Individual Training Accounts as well as other federally |
5677 | authorized assistance to eligible victims of natural or other |
5678 | disasters. At the direction of the Governor, for events that |
5679 | qualify under federal law, these Rapid Response funds shall be |
5680 | released to regional workforce boards for immediate use. Funding |
5681 | shall also be dedicated to maintain a unit at the state level to |
5682 | respond to Rapid Response emergencies around the state, to work |
5683 | with state emergency management officials, and to work with |
5684 | regional workforce boards. All Rapid Response funds must be |
5685 | expended based on a plan developed by Workforce Florida, Inc., |
5686 | and approved by the Governor. |
5687 | (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED |
5688 | MODIFICATIONS.-- |
5689 | (c) Workforce Florida, Inc., may make modifications to the |
5690 | state's plan, policies, and procedures to comply with federally |
5691 | mandated requirements that in its judgment must be complied with |
5692 | to maintain funding provided pursuant to Pub. L. No. 105-220. |
5693 | The board shall notify in writing the Governor, the President of |
5694 | the Senate, and the Speaker of the House of Representatives |
5695 | within 30 days after any such changes or modifications. |
5696 | Section 196. Paragraph (a) of subsection (3) of section |
5697 | 445.004, Florida Statutes, is amended to read: |
5698 | 445.004 Workforce Florida, Inc.; creation; purpose; |
5699 | membership; duties and powers.-- |
5700 | (3)(a) Workforce Florida, Inc., shall be governed by a |
5701 | board of directors, the number of directors to be determined by |
5702 | the Governor, whose membership and appointment must be |
5703 | consistent with Pub. L. No. 105-220, Title I, s. 111(b), and |
5704 | contain one member representing the licensed nonpublic |
5705 | postsecondary educational institutions authorized as individual |
5706 | training account providers, one member from the staffing service |
5707 | industry, at least one member who is a current or former |
5708 | recipient of welfare transition services as defined in s. |
5709 | 445.002(3) or workforce services as provided in s. 445.009(1), |
5710 | and five representatives of organized labor who shall be |
5711 | appointed by the Governor. Notwithstanding s. 114.05(1)(f), the |
5712 | Governor may appoint remaining members to Workforce Florida, |
5713 | Inc., from the current Workforce Development Board and the WAGES |
5714 | Program State Board of Directors, established pursuant to |
5715 | chapter 96-175, Laws of Florida, to serve on the reconstituted |
5716 | board. By July 1, 2000, the Workforce Development Board will |
5717 | provide to the Governor a transition plan to incorporate the |
5718 | changes required by this act and Pub. L. No. 105-220, specifying |
5719 | the manner of changes to the board. This plan shall govern the |
5720 | transition, unless otherwise notified by the Governor. The |
5721 | importance of minority, gender, and geographic representation |
5722 | shall be considered when making appointments to the board. |
5723 | Section 197. Subsection (1) and paragraph (a) of |
5724 | subsection (6) of section 445.006, Florida Statutes, are amended |
5725 | to read: |
5726 | 445.006 Strategic plan for workforce development.-- |
5727 | (1) Workforce Florida, Inc., in conjunction with state and |
5728 | local partners in the workforce system, shall develop a |
5729 | strategic plan for workforce, with the goal of producing skilled |
5730 | employees for employers in the state. The strategic plan shall |
5731 | be submitted to the Governor, the President of the Senate, and |
5732 | the Speaker of the House of Representatives by February 1, 2001. |
5733 | The strategic plan shall be updated or modified by January 1 of |
5734 | each year thereafter. The plan must include, but need not be |
5735 | limited to, strategies for: |
5736 | (a) Fulfilling the workforce system goals and strategies |
5737 | prescribed in s. 445.004; |
5738 | (b) Aggregating, integrating, and leveraging workforce |
5739 | system resources; |
5740 | (c) Coordinating the activities of federal, state, and |
5741 | local workforce system partners; |
5742 | (d) Addressing the workforce needs of small businesses; |
5743 | and |
5744 | (e) Fostering the participation of rural communities and |
5745 | distressed urban cores in the workforce system. |
5746 | (6)(a) The strategic plan must include strategies that are |
5747 | designed to prevent or reduce the need for a person to receive |
5748 | public assistance. These strategies must include: |
5749 | 1. A teen pregnancy prevention component that includes, |
5750 | but is not limited to, a plan for implementing the Florida |
5751 | Education Now and Babies Later (ENABL) program under s. 411.242 |
5752 | and the Teen Pregnancy Prevention Community Initiative within |
5753 | each county of the services area in which the teen birth rate is |
5754 | higher than the state average; |
5755 | 2. A component that encourages creation of community-based |
5756 | welfare prevention and reduction initiatives that increase |
5757 | support provided by noncustodial parents to their welfare- |
5758 | dependent children and are consistent with program and financial |
5759 | guidelines developed by Workforce Florida, Inc., and the |
5760 | Commission on Responsible Fatherhood. These initiatives may |
5761 | include, but are not limited to, improved paternity |
5762 | establishment, work activities for noncustodial parents, |
5763 | programs aimed at decreasing out-of-wedlock pregnancies, |
5764 | encouraging involvement of fathers with their children including |
5765 | court-ordered supervised visitation, and increasing child |
5766 | support payments; |
5767 | 3. A component that encourages formation and maintenance |
5768 | of two-parent families through, among other things, court- |
5769 | ordered supervised visitation; |
5770 | 4. A component that fosters responsible fatherhood in |
5771 | families receiving assistance; and |
5772 | 5. A component that fosters provision of services that |
5773 | reduce the incidence and effects of domestic violence on women |
5774 | and children in families receiving assistance. |
5775 | Section 198. Subsection (4) of section 445.022, Florida |
5776 | Statutes, is amended to read: |
5777 | 445.022 Retention Incentive Training Accounts.--To promote |
5778 | job retention and to enable upward job advancement into higher |
5779 | skilled, higher paying employment, the board of directors of |
5780 | Workforce Florida, Inc., and regional workforce boards may |
5781 | assemble, from postsecondary education institutions, a list of |
5782 | programs and courses for participants who have become employed |
5783 | which promote job retention and advancement. |
5784 | (4) Regional workforce boards shall report annually to the |
5785 | Legislature on the measurable retention and advancement success |
5786 | of each program provider and the effectiveness of RITAs, making |
5787 | recommendations for any needed changes or modifications. |
5788 | Section 199. Subsection (9) of section 445.049, Florida |
5789 | Statutes, is amended to read: |
5790 | 445.049 Digital Divide Council.-- |
5791 | (9) ANNUAL REPORT.--By March 1, 2002, the council, through |
5792 | the State Technology Office, shall report to the Executive |
5793 | Office of the Governor, the Speaker of the House of |
5794 | Representatives, and the President of the Senate the results of |
5795 | the council's monitoring, reviewing, and evaluating such |
5796 | programs since their inception and the council's recommendations |
5797 | as to whether such programs should be continued and expanded to |
5798 | achieve the objectives and goals stated in this section. |
5799 | Section 200. Section 446.27, Florida Statutes, is |
5800 | repealed. |
5801 | Section 201. Paragraphs (a) and (c) of subsection (4) of |
5802 | section 446.50, Florida Statutes, are amended to read: |
5803 | 446.50 Displaced homemakers; multiservice programs; 3-year |
5804 | plan report to the Legislature; Displaced Homemaker Trust Fund |
5805 | created.-- |
5806 | (4) STATE PLAN.-- |
5807 | (a) The Agency for Workforce Innovation shall develop a |
5808 | 3-year state plan for the displaced homemaker program which |
5809 | shall be updated annually and submitted to the Legislature by |
5810 | January 1. The plan must address, at a minimum, the need for |
5811 | programs specifically designed to serve displaced homemakers, |
5812 | any necessary service components for such programs in addition |
5813 | to those enumerated in this section, goals of the displaced |
5814 | homemaker program with an analysis of the extent to which those |
5815 | goals are being met, and recommendations for ways to address any |
5816 | unmet program goals. Any request for funds for program expansion |
5817 | must be based on the state plan. |
5818 | (c) The 3-year state plan must be submitted to the |
5819 | President of the Senate, the Speaker of the House of |
5820 | Representatives, and the Governor on or before January 1, 2001, |
5821 | and annual updates of the plan must be submitted by January 1 of |
5822 | each subsequent year. |
5823 | Section 202. Subsection (10) of section 446.609, Florida |
5824 | Statutes, is amended to read: |
5825 | 446.609 Jobs for Florida's Graduates Act.-- |
5826 | (10) ASSESSMENT OF PROGRAM RESULTS.--The success of the |
5827 | Jobs for Florida's Graduates Program shall be assessed as |
5828 | follows: |
5829 | (a) No later than November 1 of each year of the Jobs for |
5830 | Florida's Graduates Program, Jobs for America's Graduates, Inc., |
5831 | shall conduct and deliver to the Office of Program Policy |
5832 | Analysis and Government Accountability a full review and report |
5833 | of the program's activities. The Office of Program Policy |
5834 | Analysis and Government Accountability shall audit and review |
5835 | the report and deliver the report, along with its analysis and |
5836 | any recommendations for expansion, curtailment, modification, or |
5837 | continuation, to the board not later than December 31 of the |
5838 | same year. |
5839 | (b) Beginning in the first year of the Jobs for Florida's |
5840 | Graduates Program, the Office of Economic and Demographic |
5841 | Research shall undertake, during the initial phase, an ongoing |
5842 | longitudinal study of participants to determine the overall |
5843 | efficacy of the program. The division shall transmit its |
5844 | findings each year to the Office of Program Policy Analysis and |
5845 | Government Accountability for inclusion in the report provided |
5846 | for in paragraph (a). |
5847 | Section 203. Section 455.204, Florida Statutes, is |
5848 | repealed. |
5849 | Section 204. Subsection (8) of section 455.2226, Florida |
5850 | Statutes, is amended to read: |
5851 | 455.2226 Funeral directors and embalmers; instruction on |
5852 | HIV and AIDS.-- |
5853 | (8) The board shall report to the Legislature by March 1 |
5854 | of each year as to the implementation and compliance with the |
5855 | requirements of this section. |
5856 | Section 205. Subsections (4) and (6) of section 455.2228, |
5857 | Florida Statutes, are amended to read: |
5858 | 455.2228 Barbers and cosmetologists; instruction on HIV |
5859 | and AIDS.-- |
5860 | (4) As of December 31, 1992, The board, or the department |
5861 | where there is no board, shall require, as a condition of |
5862 | granting a license under any of the chapters or parts thereof |
5863 | specified in subsection (1), that an applicant making initial |
5864 | application for licensure complete an educational course |
5865 | acceptable to the board, or the department where there is no |
5866 | board, on human immunodeficiency virus and acquired immune |
5867 | deficiency syndrome. An applicant who has not taken a course at |
5868 | the time of licensure shall, upon an affidavit showing good |
5869 | cause, be allowed 6 months to complete this requirement. |
5870 | (6) The board, or the department where there is no board, |
5871 | shall report to the Legislature by March 1 of each year as to |
5872 | the implementation and compliance with the requirements of this |
5873 | section. |
5874 | Section 206. Section 456.005, Florida Statutes, is amended |
5875 | to read: |
5876 | 456.005 Long-range policy planning; plans, reports, and |
5877 | recommendations.--To facilitate efficient and cost-effective |
5878 | regulation, the department and the board, where appropriate, |
5879 | shall develop and implement a long-range policy planning and |
5880 | monitoring process to include recommendations specific to each |
5881 | profession. Such process shall include estimates of revenues, |
5882 | expenditures, cash balances, and performance statistics for each |
5883 | profession. The period covered shall not be less than 5 years. |
5884 | The department, with input from the boards and licensees, shall |
5885 | develop and adopt the long-range plan and must obtain the |
5886 | approval of the secretary. The department shall monitor |
5887 | compliance with the approved long-range plan and, with input |
5888 | from the boards and licensees, shall annually update the plans |
5889 | for approval by the secretary. The department shall provide |
5890 | concise management reports to the boards quarterly. As part of |
5891 | the review process, the department shall evaluate: |
5892 | (1) Whether the department, including the boards and the |
5893 | various functions performed by the department, is operating |
5894 | efficiently and effectively and if there is a need for a board |
5895 | or council to assist in cost-effective regulation. |
5896 | (2) How and why the various professions are regulated. |
5897 | (3) Whether there is a need to continue regulation, and to |
5898 | what degree. |
5899 | (4) Whether or not consumer protection is adequate, and |
5900 | how it can be improved. |
5901 | (5) Whether there is consistency between the various |
5902 | practice acts. |
5903 | (6) Whether unlicensed activity is adequately enforced. |
5904 |
|
5905 | Such plans should include conclusions and recommendations on |
5906 | these and other issues as appropriate. Such plans shall be |
5907 | provided to the Governor and the Legislature by November 1 of |
5908 | each year. |
5909 | Section 207. Subsection (9) of section 456.025, Florida |
5910 | Statutes, is amended to read: |
5911 | 456.025 Fees; receipts; disposition.-- |
5912 | (9) The department shall provide a condensed management |
5913 | report of revenues and expenditures budgets, finances, |
5914 | performance measures statistics, and recommendations to each |
5915 | board at least once a quarter. The department shall identify and |
5916 | include in such presentations any changes, or projected changes, |
5917 | made to the board's budget since the last presentation. |
5918 | Section 208. Subsection (5) of section 456.031, Florida |
5919 | Statutes, is amended to read: |
5920 | 456.031 Requirement for instruction on domestic |
5921 | violence.-- |
5922 | (5) Each board shall report to the President of the |
5923 | Senate, the Speaker of the House of Representatives, and the |
5924 | chairs of the appropriate substantive committees of the |
5925 | Legislature by March 1 of each year as to the implementation of |
5926 | and compliance with the requirements of this section. |
5927 | Section 209. Subsection (8) of section 456.033, Florida |
5928 | Statutes, is amended to read: |
5929 | 456.033 Requirement for instruction for certain licensees |
5930 | on HIV and AIDS.-- |
5931 | (8) The board shall report to the Legislature by March 1 |
5932 | of each year as to the implementation and compliance with the |
5933 | requirements of this section. |
5934 | Section 210. Subsection (6) of section 456.034, Florida |
5935 | Statutes, is amended to read: |
5936 | 456.034 Athletic trainers and massage therapists; |
5937 | requirement for instruction on HIV and AIDS.-- |
5938 | (6) The board, or the department where there is no board, |
5939 | shall report to the Legislature by March 1 of each year as to |
5940 | the implementation and compliance with the requirements of this |
5941 | section. |
5942 | Section 211. Subsections (3) and (4) of section 517.302, |
5943 | Florida Statutes, are amended to read: |
5944 | 517.302 Criminal penalties; alternative fine; Anti-Fraud |
5945 | Trust Fund; time limitation for criminal prosecution.-- |
5946 | (3) In lieu of a fine otherwise authorized by law, a |
5947 | person who has been convicted of or who has pleaded guilty or no |
5948 | contest to having engaged in conduct in violation of the |
5949 | provisions of this chapter may be sentenced to pay a fine that |
5950 | does not exceed the greater of three times the gross value |
5951 | gained or three times the gross loss caused by such conduct, |
5952 | plus court costs and the costs of investigation and prosecution |
5953 | reasonably incurred. |
5954 | (4)(a) There is created within the office a trust fund to |
5955 | be known as the Anti-Fraud Trust Fund. Any amounts assessed as |
5956 | costs of investigation and prosecution under this subsection |
5957 | shall be deposited in the trust fund. Funds deposited in such |
5958 | trust fund shall be used, when authorized by appropriation, for |
5959 | investigation and prosecution of administrative, civil, and |
5960 | criminal actions arising under the provisions of this chapter. |
5961 | Funds may also be used to improve the public's awareness and |
5962 | understanding of prudent investing. |
5963 | (b) The office shall report to the Executive Office of the |
5964 | Governor annually by November 15, the amounts deposited into the |
5965 | Anti-Fraud Trust Fund during the previous fiscal year. The |
5966 | Executive Office of the Governor shall distribute these reports |
5967 | to the President of the Senate and the Speaker of the House of |
5968 | Representatives. |
5969 | (5)(4) Criminal prosecution for offenses under this |
5970 | chapter is subject to the time limitations of s. 775.15. |
5971 | Section 212. Section 526.3135, Florida Statutes, is |
5972 | repealed. |
5973 | Section 213. Subsection (3) of section 531.415, Florida |
5974 | Statutes, is amended to read: |
5975 | 531.415 Fees.-- |
5976 | (3) The department shall notify the Legislature when the |
5977 | fees provided in this section are no longer sufficient to cover |
5978 | the direct and indirect costs of tests and calibrations |
5979 | described in this section. |
5980 | Section 214. Section 553.975, Florida Statutes, is |
5981 | repealed. |
5982 | Section 215. Subsection (3) of section 570.0705, Florida |
5983 | Statutes, is amended to read: |
5984 | 570.0705 Advisory committees.--From time to time the |
5985 | commissioner may appoint any advisory committee to assist the |
5986 | department with its duties and responsibilities. |
5987 | (3) On January 1 of each year the commissioner shall |
5988 | submit to the President of the Senate, the Speaker of the House |
5989 | of Representatives, and the minority leaders of the Senate and |
5990 | the House of Representatives a list of each advisory committee |
5991 | established in the department. |
5992 | Section 216. Subsection (5) of section 570.0725, Florida |
5993 | Statutes, is amended to read: |
5994 | 570.0725 Food recovery; legislative intent; department |
5995 | functions.-- |
5996 | (5) The department shall account for the direct and |
5997 | indirect costs associated with supporting food recovery programs |
5998 | throughout the state. It shall submit a report to the President |
5999 | of the Senate and the Speaker of the House of Representatives by |
6000 | November 1, for the previous fiscal year, when state funds are |
6001 | spent for this purpose. The report must include, but need not be |
6002 | limited to, the identity of organizations receiving funds, the |
6003 | amount of funds disbursed to these organizations, other uses of |
6004 | food recovery funds, and estimates of the amount of fresh |
6005 | produce recovered. |
6006 | Section 217. Subsection (3) of section 570.235, Florida |
6007 | Statutes, is amended to read: |
6008 | 570.235 Pest Exclusion Advisory Committee.-- |
6009 | (3) The committee shall issue a report of its findings to |
6010 | the Commissioner of Agriculture, the Governor, the Speaker of |
6011 | the House of Representatives, and the President of the Senate by |
6012 | January 1, 2001. |
6013 | Section 218. Subsection (3) of section 570.543, Florida |
6014 | Statutes, is amended to read: |
6015 | 570.543 Florida Consumers' Council.--The Florida |
6016 | Consumers' Council in the department is created to advise and |
6017 | assist the department in carrying out its duties. |
6018 | (3) RECOMMENDATIONS.--The council shall transmit a written |
6019 | summary of its legislative recommendations to the President of |
6020 | the Senate and the Speaker of the House of Representatives at |
6021 | least 60 days prior to the regular legislative session. |
6022 | Recommendations regarding legislation which has been filed shall |
6023 | be submitted within 30 days after the commencement of a |
6024 | legislative session. |
6025 | Section 219. Subsection (5) of section 570.952, Florida |
6026 | Statutes, is amended to read: |
6027 | 570.952 Florida Agriculture Center and Horse Park |
6028 | Authority.-- |
6029 | (5) The commissioner shall submit information annually to |
6030 | the Speaker of the House of Representatives and the President of |
6031 | the Senate reporting the activities of the Florida Agriculture |
6032 | Center and Horse Park Authority and the progress of the Florida |
6033 | Agriculture Center and Horse Park, including, but not limited |
6034 | to, pertinent planning, budgeting, and operational information |
6035 | concerning the authority. |
6036 | Section 220. Section 603.204, Florida Statutes, is amended |
6037 | to read: |
6038 | 603.204 South Florida Tropical Fruit Plan.-- |
6039 | (1) The Commissioner of Agriculture, in consultation with |
6040 | the Tropical Fruit Advisory Council, shall develop and update, |
6041 | at least 90 days prior to the 1991 legislative session, submit |
6042 | to the President of the Senate, the Speaker of the House of |
6043 | Representatives, and the chairs of appropriate Senate and House |
6044 | of Representatives committees, a South Florida Tropical Fruit |
6045 | Plan, which shall identify problems and constraints of the |
6046 | tropical fruit industry, propose possible solutions to such |
6047 | problems, and develop planning mechanisms for orderly growth of |
6048 | the industry, including: |
6049 | (1)(a) Criteria for tropical fruit research, service, and |
6050 | management priorities. |
6051 | (2)(b) Additional Proposed legislation which may be |
6052 | required. |
6053 | (3)(c) Plans relating to other tropical fruit programs and |
6054 | related disciplines in the State University System. |
6055 | (4)(d) Potential tropical fruit products in terms of |
6056 | market and needs for development. |
6057 | (5)(e) Evaluation of production and fresh fruit policy |
6058 | alternatives, including, but not limited to, setting minimum |
6059 | grades and standards, promotion and advertising, development of |
6060 | production and marketing strategies, and setting minimum |
6061 | standards on types and quality of nursery plants. |
6062 | (6)(f) Evaluation of policy alternatives for processed |
6063 | tropical fruit products, including, but not limited to, setting |
6064 | minimum quality standards and development of production and |
6065 | marketing strategies. |
6066 | (7)(g) Research and service priorities for further |
6067 | development of the tropical fruit industry. |
6068 | (8)(h) Identification of state agencies and public and |
6069 | private institutions concerned with research, education, |
6070 | extension, services, planning, promotion, and marketing |
6071 | functions related to tropical fruit development, and delineation |
6072 | of contributions and responsibilities. The recommendations in |
6073 | the South Florida Tropical Fruit plan relating to education or |
6074 | research shall be submitted to the Institute of Food and |
6075 | Agricultural Sciences. The recommendations relating to |
6076 | regulation or marketing shall be submitted to the Department of |
6077 | Agriculture and Consumer Services. |
6078 | (9)(i) Business planning, investment potential, financial |
6079 | risks, and economics of production and utilization. |
6080 | (2) A revision and update of the South Florida Tropical |
6081 | Fruit Plan shall be submitted biennially, and a progress report |
6082 | and budget request shall be submitted annually, to the officials |
6083 | specified in subsection (1). |
6084 | Section 221. Paragraph (d) of subsection (6) of section |
6085 | 627.351, Florida Statutes, is amended to read: |
6086 | 627.351 Insurance risk apportionment plans.-- |
6087 | (6) CITIZENS PROPERTY INSURANCE CORPORATION.-- |
6088 | (d)1. It is the intent of the Legislature that the rates |
6089 | for coverage provided by the corporation be actuarially sound |
6090 | and not competitive with approved rates charged in the admitted |
6091 | voluntary market, so that the corporation functions as a |
6092 | residual market mechanism to provide insurance only when the |
6093 | insurance cannot be procured in the voluntary market. Rates |
6094 | shall include an appropriate catastrophe loading factor that |
6095 | reflects the actual catastrophic exposure of the corporation. |
6096 | 2. For each county, the average rates of the corporation |
6097 | for each line of business for personal lines residential |
6098 | policies excluding rates for wind-only policies shall be no |
6099 | lower than the average rates charged by the insurer that had the |
6100 | highest average rate in that county among the 20 insurers with |
6101 | the greatest total direct written premium in the state for that |
6102 | line of business in the preceding year, except that with respect |
6103 | to mobile home coverages, the average rates of the corporation |
6104 | shall be no lower than the average rates charged by the insurer |
6105 | that had the highest average rate in that county among the 5 |
6106 | insurers with the greatest total written premium for mobile home |
6107 | owner's policies in the state in the preceding year. |
6108 | 3. Rates for personal lines residential wind-only policies |
6109 | must be actuarially sound and not competitive with approved |
6110 | rates charged by authorized insurers. However, for personal |
6111 | lines residential wind-only policies issued or renewed between |
6112 | July 1, 2002, and June 30, 2003, the maximum premium increase |
6113 | must be no greater than 10 percent of the Florida Windstorm |
6114 | Underwriting Association premium for that policy in effect on |
6115 | June 30, 2002, as adjusted for coverage changes and seasonal |
6116 | occupancy surcharges. For personal lines residential wind-only |
6117 | policies issued or renewed between July 1, 2003, and June 30, |
6118 | 2004, the corporation shall use its existing filed and approved |
6119 | wind-only rating and classification plans, provided, however, |
6120 | that the maximum premium increase must be no greater than 20 |
6121 | percent of the premium for that policy in effect on June 30, |
6122 | 2003, as adjusted for coverage changes and seasonal occupancy |
6123 | surcharges. Corporation rate manuals shall include a rate |
6124 | surcharge for seasonal occupancy. To ensure that personal lines |
6125 | residential wind-only rates effective on or after July 1, 2004, |
6126 | are not competitive with approved rates charged by authorized |
6127 | insurers, the corporation, in conjunction with the office, shall |
6128 | develop a wind-only ratemaking methodology, which methodology |
6129 | shall be contained in a rate filing made by the corporation with |
6130 | the office by January 1, 2004. If the office thereafter |
6131 | determines that the wind-only rates or rating factors filed by |
6132 | the corporation fail to comply with the wind-only ratemaking |
6133 | methodology provided for in this subsection, it shall so notify |
6134 | the corporation and require the corporation to amend its rates |
6135 | or rating factors to come into compliance within 90 days of |
6136 | notice from the office. The office shall report to the Speaker |
6137 | of the House of Representatives and the President of the Senate |
6138 | on the provisions of the wind-only ratemaking methodology by |
6139 | January 31, 2004. |
6140 | 4. Rates for commercial lines coverage shall not be |
6141 | subject to the requirements of subparagraph 2., but shall be |
6142 | subject to all other requirements of this paragraph and s. |
6143 | 627.062. |
6144 | 5. Nothing in this paragraph shall require or allow the |
6145 | corporation to adopt a rate that is inadequate under s. 627.062. |
6146 | 6. The corporation shall certify to the office at least |
6147 | twice annually that its personal lines rates comply with the |
6148 | requirements of subparagraphs 1. and 2. If any adjustment in the |
6149 | rates or rating factors of the corporation is necessary to |
6150 | ensure such compliance, the corporation shall make and implement |
6151 | such adjustments and file its revised rates and rating factors |
6152 | with the office. If the office thereafter determines that the |
6153 | revised rates and rating factors fail to comply with the |
6154 | provisions of subparagraphs 1. and 2., it shall notify the |
6155 | corporation and require the corporation to amend its rates or |
6156 | rating factors in conjunction with its next rate filing. The |
6157 | office must notify the corporation by electronic means of any |
6158 | rate filing it approves for any insurer among the insurers |
6159 | referred to in subparagraph 2. |
6160 | 7. In addition to the rates otherwise determined pursuant |
6161 | to this paragraph, the corporation shall impose and collect an |
6162 | amount equal to the premium tax provided for in s. 624.509 to |
6163 | augment the financial resources of the corporation. |
6164 | 8.a. To assist the corporation in developing additional |
6165 | ratemaking methods to assure compliance with subparagraphs 1. |
6166 | and 4., the corporation shall appoint a rate methodology panel |
6167 | consisting of one person recommended by the Florida Association |
6168 | of Insurance Agents, one person recommended by the Professional |
6169 | Insurance Agents of Florida, one person recommended by the |
6170 | Florida Association of Insurance and Financial Advisors, one |
6171 | person recommended by the insurer with the highest voluntary |
6172 | market share of residential property insurance business in the |
6173 | state, one person recommended by the insurer with the second- |
6174 | highest voluntary market share of residential property insurance |
6175 | business in the state, one person recommended by an insurer |
6176 | writing commercial residential property insurance in this state, |
6177 | one person recommended by the Office of Insurance Regulation, |
6178 | and one board member designated by the board chairman, who shall |
6179 | serve as chairman of the panel. |
6180 | b. By January 1, 2004, the rate methodology panel shall |
6181 | provide a report to the corporation of its findings and |
6182 | recommendations for the use of additional ratemaking methods and |
6183 | procedures, including the use of a rate equalization surcharge |
6184 | in an amount sufficient to assure that the total cost of |
6185 | coverage for policyholders or applicants to the corporation is |
6186 | sufficient to comply with subparagraph 1. |
6187 | c. Within 30 days after such report, the corporation shall |
6188 | present to the President of the Senate, the Speaker of the House |
6189 | of Representatives, the minority party leaders of each house of |
6190 | the Legislature, and the chairs of the standing committees of |
6191 | each house of the Legislature having jurisdiction of insurance |
6192 | issues, a plan for implementing the additional ratemaking |
6193 | methods and an outline of any legislation needed to facilitate |
6194 | use of the new methods. |
6195 | d. The plan must include a provision that producer |
6196 | commissions paid by the corporation shall not be calculated in |
6197 | such a manner as to include any rate equalization surcharge. |
6198 | However, without regard to the plan to be developed or its |
6199 | implementation, producer commissions paid by the corporation for |
6200 | each account, other than the quota share primary program, shall |
6201 | remain fixed as to percentage, effective rate, calculation, and |
6202 | payment method until January 1, 2004. |
6203 | 8.9. By January 1, 2004, the corporation shall develop a |
6204 | notice to policyholders or applicants that the rates of Citizens |
6205 | Property Insurance Corporation are intended to be higher than |
6206 | the rates of any admitted carrier and providing other |
6207 | information the corporation deems necessary to assist consumers |
6208 | in finding other voluntary admitted insurers willing to insure |
6209 | their property. |
6210 | Section 222. Subsection (6) of section 627.64872, Florida |
6211 | Statutes, is amended to read: |
6212 | 627.64872 Florida Health Insurance Plan.-- |
6213 | (6) INTERIM REPORT; ANNUAL REPORT.-- |
6214 | (a) By no later than December 1, 2004, the board shall |
6215 | report to the Governor, the President of the Senate, and the |
6216 | Speaker of the House of Representatives the results of an |
6217 | actuarial study conducted by the board to determine, including, |
6218 | but not limited to: |
6219 | 1. The impact the creation of the plan will have on the |
6220 | small group insurance market and the individual market on |
6221 | premiums paid by insureds. This shall include an estimate of the |
6222 | total anticipated aggregate savings for all small employers in |
6223 | the state. |
6224 | 2. The number of individuals the pool could reasonably |
6225 | cover at various funding levels, specifically, the number of |
6226 | people the pool may cover at each of those funding levels. |
6227 | 3. A recommendation as to the best source of funding for |
6228 | the anticipated deficits of the pool. |
6229 | 4. The effect on the individual and small group market by |
6230 | including in the Florida Health Insurance Plan persons eligible |
6231 | for coverage under s. 627.6487, as well as the cost of including |
6232 | these individuals. |
6233 |
|
6234 | The board shall take no action to implement the Florida Health |
6235 | Insurance Plan, other than the completion of the actuarial study |
6236 | authorized in this paragraph, until funds are appropriated for |
6237 | startup cost and any projected deficits. |
6238 | (b) No later than December 1, 2005, and annually |
6239 | thereafter, the board shall submit to the Governor, the |
6240 | President of the Senate, the Speaker of the House of |
6241 | Representatives, and the substantive legislative committees of |
6242 | the Legislature a report which includes an independent actuarial |
6243 | study to determine, including, but not be limited to: |
6244 | (a)1. The impact the creation of the plan has on the small |
6245 | group and individual insurance market, specifically on the |
6246 | premiums paid by insureds. This shall include an estimate of the |
6247 | total anticipated aggregate savings for all small employers in |
6248 | the state. |
6249 | (b)2. The actual number of individuals covered at the |
6250 | current funding and benefit level, the projected number of |
6251 | individuals that may seek coverage in the forthcoming fiscal |
6252 | year, and the projected funding needed to cover anticipated |
6253 | increase or decrease in plan participation. |
6254 | (c)3. A recommendation as to the best source of funding |
6255 | for the anticipated deficits of the pool. |
6256 | (d)4. A summarization of the activities of the plan in the |
6257 | preceding calendar year, including the net written and earned |
6258 | premiums, plan enrollment, the expense of administration, and |
6259 | the paid and incurred losses. |
6260 | (e)5. A review of the operation of the plan as to whether |
6261 | the plan has met the intent of this section. |
6262 |
|
6263 | The board shall take no action to implement the Florida Health |
6264 | Insurance Plan, other than the completion of the actuarial study |
6265 | authorized in this subsection, until funds are appropriated for |
6266 | startup costs and any projected deficits. |
6267 | Section 223. Subsection (2) of section 744.7021, Florida |
6268 | Statutes, is amended to read: |
6269 | 744.7021 Statewide Public Guardianship Office.--There is |
6270 | hereby created the Statewide Public Guardianship Office within |
6271 | the Department of Elderly Affairs. |
6272 | (2) The executive director shall, within available |
6273 | resources, have oversight responsibilities for all public |
6274 | guardians. |
6275 | (a) The executive director shall review the current public |
6276 | guardian programs in Florida and other states. |
6277 | (b) The executive director, in consultation with local |
6278 | guardianship offices, shall develop statewide performance |
6279 | measures and standards. |
6280 | (c) The executive director shall review the various |
6281 | methods of funding guardianship programs, the kinds of services |
6282 | being provided by such programs, and the demographics of the |
6283 | wards. In addition, the executive director shall review and make |
6284 | recommendations regarding the feasibility of recovering a |
6285 | portion or all of the costs of providing public guardianship |
6286 | services from the assets or income of the wards. |
6287 | (d) By January 1, 2004, and by January 1 of each year |
6288 | thereafter, the executive director shall provide a status report |
6289 | and provide further recommendations to the secretary that |
6290 | address the need for public guardianship services and related |
6291 | issues. |
6292 | (d)(e) The executive director may provide assistance to |
6293 | local governments or entities in pursuing grant opportunities. |
6294 | The executive director shall evaluate review and make |
6295 | recommendations in the annual report on the availability and |
6296 | efficacy of seeking Medicaid matching funds. The executive |
6297 | director shall diligently seek ways to use existing programs and |
6298 | services to meet the needs of public wards. |
6299 | (e)(f) The executive director, in consultation with the |
6300 | Florida Guardianship Foundation, shall develop a guardianship |
6301 | training program curriculum that may be offered to all guardians |
6302 | whether public or private. |
6303 | (f) The executive director shall provide an annual status |
6304 | report to the secretary that includes policy and legislative |
6305 | recommendations relating to the provision of public |
6306 | guardianship. |
6307 | Section 224. Subsections (5) and (7) of section 744.708, |
6308 | Florida Statutes, are amended to read: |
6309 | 744.708 Reports and standards.-- |
6310 | (5) An independent audit of each public guardian office by |
6311 | a qualified certified public accountant shall be conducted by a |
6312 | qualified certified public accountant performed at least every 2 |
6313 | years. The audit should include an investigation into the |
6314 | practices of the office for managing the person and property of |
6315 | the wards. A copy of the report shall be submitted to the |
6316 | Statewide Public Guardianship Office. In addition, the office of |
6317 | public guardian shall be subject to audits or examinations by |
6318 | the Auditor General and the Office of Program Policy Analysis |
6319 | and Government Accountability pursuant to law. |
6320 | (7) The ratio for professional staff to wards shall be 1 |
6321 | professional to 40 wards. The Statewide Public Guardianship |
6322 | Office may increase or decrease the ratio after consultation |
6323 | with the local public guardian and the chief judge of the |
6324 | circuit court. The basis of the decision to increase or decrease |
6325 | the prescribed ratio shall be reported in the annual report to |
6326 | the Governor, the President of the Senate, the Speaker of the |
6327 | House of Representatives, and the Chief Justice of the Supreme |
6328 | Court. |
6329 | Section 225. Subsection (3) of section 765.5215, Florida |
6330 | Statutes, is amended to read: |
6331 | 765.5215 Education program relating to anatomical |
6332 | gifts.--The Agency for Health Care Administration, subject to |
6333 | the concurrence of the Department of Highway Safety and Motor |
6334 | Vehicles, shall develop a continuing program to educate and |
6335 | inform medical professionals, law enforcement agencies and |
6336 | officers, high school children, state and local government |
6337 | employees, and the public regarding the laws of this state |
6338 | relating to anatomical gifts and the need for anatomical gifts. |
6339 | (3) The Agency for Health Care Administration shall, no |
6340 | later than March 1 of each year, submit a report to the |
6341 | Legislature containing statistical data on the effectiveness of |
6342 | the program in procuring donor organs and the effect of the |
6343 | program on state spending for health care. |
6344 | Section 226. Subsection (6) of section 768.295, Florida |
6345 | Statutes, is amended to read: |
6346 | 768.295 Strategic Lawsuits Against Public Participation |
6347 | (SLAPP) suits by governmental entities prohibited.-- |
6348 | (6) In any case filed by a governmental entity which is |
6349 | found by a court to be in violation of this section, the |
6350 | governmental entity shall report such finding and provide a copy |
6351 | of the court's order to the Attorney General no later than 30 |
6352 | days after such order is final. The Attorney General shall |
6353 | maintain a record of such court orders report any violation of |
6354 | this section by a governmental entity to the Cabinet, the |
6355 | President of the Senate, and the Speaker of the House of |
6356 | Representatives. A copy of such report shall be provided to the |
6357 | affected governmental entity. |
6358 | Section 227. Paragraphs (a) and (c) of subsection (3) of |
6359 | section 775.084, Florida Statutes, are amended to read: |
6360 | 775.084 Violent career criminals; habitual felony |
6361 | offenders and habitual violent felony offenders; three-time |
6362 | violent felony offenders; definitions; procedure; enhanced |
6363 | penalties or mandatory minimum prison terms.-- |
6364 | (3)(a) In a separate proceeding, the court shall determine |
6365 | if the defendant is a habitual felony offender or a habitual |
6366 | violent felony offender. The procedure shall be as follows: |
6367 | 1. The court shall obtain and consider a presentence |
6368 | investigation prior to the imposition of a sentence as a |
6369 | habitual felony offender or a habitual violent felony offender. |
6370 | 2. Written notice shall be served on the defendant and the |
6371 | defendant's attorney a sufficient time prior to the entry of a |
6372 | plea or prior to the imposition of sentence in order to allow |
6373 | the preparation of a submission on behalf of the defendant. |
6374 | 3. Except as provided in subparagraph 1., all evidence |
6375 | presented shall be presented in open court with full rights of |
6376 | confrontation, cross-examination, and representation by counsel. |
6377 | 4. Each of the findings required as the basis for such |
6378 | sentence shall be found to exist by a preponderance of the |
6379 | evidence and shall be appealable to the extent normally |
6380 | applicable to similar findings. |
6381 | 5. For the purpose of identification of a habitual felony |
6382 | offender or a habitual violent felony offender, the court shall |
6383 | fingerprint the defendant pursuant to s. 921.241. |
6384 | 6. For an offense committed on or after October 1, 1995, |
6385 | if the state attorney pursues a habitual felony offender |
6386 | sanction or a habitual violent felony offender sanction against |
6387 | the defendant and the court, in a separate proceeding pursuant |
6388 | to this paragraph, determines that the defendant meets the |
6389 | criteria under subsection (1) for imposing such sanction, the |
6390 | court must sentence the defendant as a habitual felony offender |
6391 | or a habitual violent felony offender, subject to imprisonment |
6392 | pursuant to this section unless the court finds that such |
6393 | sentence is not necessary for the protection of the public. If |
6394 | the court finds that it is not necessary for the protection of |
6395 | the public to sentence the defendant as a habitual felony |
6396 | offender or a habitual violent felony offender, the court shall |
6397 | provide written reasons; a written transcript of orally stated |
6398 | reasons is permissible, if filed by the court within 7 days |
6399 | after the date of sentencing. Each month, the court shall submit |
6400 | to the Office of Economic and Demographic Research of the |
6401 | Legislature the written reasons or transcripts in each case in |
6402 | which the court determines not to sentence a defendant as a |
6403 | habitual felony offender or a habitual violent felony offender |
6404 | as provided in this subparagraph. |
6405 | (c) In a separate proceeding, the court shall determine |
6406 | whether the defendant is a violent career criminal with respect |
6407 | to a primary offense committed on or after October 1, 1995. The |
6408 | procedure shall be as follows: |
6409 | 1. Written notice shall be served on the defendant and the |
6410 | defendant's attorney a sufficient time prior to the entry of a |
6411 | plea or prior to the imposition of sentence in order to allow |
6412 | the preparation of a submission on behalf of the defendant. |
6413 | 2. All evidence presented shall be presented in open court |
6414 | with full rights of confrontation, cross-examination, and |
6415 | representation by counsel. |
6416 | 3. Each of the findings required as the basis for such |
6417 | sentence shall be found to exist by a preponderance of the |
6418 | evidence and shall be appealable only as provided in paragraph |
6419 | (d). |
6420 | 4. For the purpose of identification, the court shall |
6421 | fingerprint the defendant pursuant to s. 921.241. |
6422 | 5. For an offense committed on or after October 1, 1995, |
6423 | if the state attorney pursues a violent career criminal sanction |
6424 | against the defendant and the court, in a separate proceeding |
6425 | pursuant to this paragraph, determines that the defendant meets |
6426 | the criteria under subsection (1) for imposing such sanction, |
6427 | the court must sentence the defendant as a violent career |
6428 | criminal, subject to imprisonment pursuant to this section |
6429 | unless the court finds that such sentence is not necessary for |
6430 | the protection of the public. If the court finds that it is not |
6431 | necessary for the protection of the public to sentence the |
6432 | defendant as a violent career criminal, the court shall provide |
6433 | written reasons; a written transcript of orally stated reasons |
6434 | is permissible, if filed by the court within 7 days after the |
6435 | date of sentencing. Each month, the court shall submit to the |
6436 | Office of Economic and Demographic Research of the Legislature |
6437 | the written reasons or transcripts in each case in which the |
6438 | court determines not to sentence a defendant as a violent career |
6439 | criminal as provided in this subparagraph. |
6440 | Section 228. Subsection (8) of section 790.22, Florida |
6441 | Statutes, is amended to read: |
6442 | 790.22 Use of BB guns, air or gas-operated guns, or |
6443 | electric weapons or devices by minor under 16; limitation; |
6444 | possession of firearms by minor under 18 prohibited; |
6445 | penalties.-- |
6446 | (8) Notwithstanding s. 985.213 or s. 985.215(1), if a |
6447 | minor under 18 years of age is charged with an offense that |
6448 | involves the use or possession of a firearm, as defined in s. |
6449 | 790.001, including a violation of subsection (3), or is charged |
6450 | for any offense during the commission of which the minor |
6451 | possessed a firearm, the minor shall be detained in secure |
6452 | detention, unless the state attorney authorizes the release of |
6453 | the minor, and shall be given a hearing within 24 hours after |
6454 | being taken into custody. At the hearing, the court may order |
6455 | that the minor continue to be held in secure detention in |
6456 | accordance with the applicable time periods specified in s. |
6457 | 985.215(5), if the court finds that the minor meets the criteria |
6458 | specified in s. 985.215(2), or if the court finds by clear and |
6459 | convincing evidence that the minor is a clear and present danger |
6460 | to himself or herself or the community. The Department of |
6461 | Juvenile Justice shall prepare a form for all minors charged |
6462 | under this subsection that states the period of detention and |
6463 | the relevant demographic information, including, but not limited |
6464 | to, the sex, age, and race of the minor; whether or not the |
6465 | minor was represented by private counsel or a public defender; |
6466 | the current offense; and the minor's complete prior record, |
6467 | including any pending cases. The form shall be provided to the |
6468 | judge to be considered when determining whether the minor should |
6469 | be continued in secure detention under this subsection. An order |
6470 | placing a minor in secure detention because the minor is a clear |
6471 | and present danger to himself or herself or the community must |
6472 | be in writing, must specify the need for detention and the |
6473 | benefits derived by the minor or the community by placing the |
6474 | minor in secure detention, and must include a copy of the form |
6475 | provided by the department. The Department of Juvenile Justice |
6476 | must send the form, including a copy of any order, without |
6477 | client-identifying information, to the Office of Economic and |
6478 | Demographic Research. |
6479 | Section 229. Paragraph (b) of subsection (9) of section |
6480 | 932.7055, Florida Statutes, is amended to read: |
6481 | 932.7055 Disposition of liens and forfeited property.-- |
6482 | (9) |
6483 | (b) The Department of Law Enforcement shall submit an |
6484 | annual report to the criminal justice committees of the House of |
6485 | Representatives and of the Senate compiling the information and |
6486 | data related in the semiannual reports submitted by the law |
6487 | enforcement agencies. The annual report shall also contain a |
6488 | list of law enforcement agencies which have failed to meet the |
6489 | reporting requirements and a summary of any action which has |
6490 | been taken against the noncomplying agency by the Office of the |
6491 | Chief Financial Officer. |
6492 | Section 230. Subsection (3) of section 943.08, Florida |
6493 | Statutes, is amended to read: |
6494 | 943.08 Duties; Criminal and Juvenile Justice Information |
6495 | Systems Council.-- |
6496 | (3) The council shall develop and approve a strategic plan |
6497 | pursuant to the requirements set forth in s. 186.022. Copies of |
6498 | the approved plan shall be transmitted, electronically or in |
6499 | writing, to the Executive Office of the Governor, the Speaker of |
6500 | the House of Representatives, the President of the Senate, and |
6501 | the council members. |
6502 | Section 231. Subsection (2) of section 943.125, Florida |
6503 | Statutes, is amended to read: |
6504 | 943.125 Law enforcement agency accreditation.-- |
6505 | (2) FEASIBILITY AND STATUS REPORT.--The Florida Sheriffs |
6506 | Association and the Florida Police Chiefs Association, either |
6507 | jointly or separately, shall report to the Speaker of the House |
6508 | of Representatives and the President of the Senate regarding the |
6509 | feasibility of a law enforcement agency accreditation program |
6510 | and the status of the efforts of the Florida Sheriffs |
6511 | Association and the Florida Police Chiefs Association to develop |
6512 | a law enforcement agency accreditation program as provided in |
6513 | this section. |
6514 | Section 232. Subsection (9) of section 943.68, Florida |
6515 | Statutes, is amended to read: |
6516 | 943.68 Transportation and protective services.-- |
6517 | (9) The department shall submit reports annually on July |
6518 | 15 and January 15 of each year to the President of the Senate, |
6519 | Speaker of the House of Representatives, Governor, Legislature, |
6520 | and members of the Cabinet, detailing all transportation and |
6521 | protective services provided under subsections (1), (5), and (6) |
6522 | within the preceding fiscal year 6 months. Each report shall |
6523 | include a detailed accounting of the cost of such transportation |
6524 | and protective services, including the names of persons provided |
6525 | such services and the nature of state business performed. |
6526 | Section 233. Section 944.023, Florida Statutes, is amended |
6527 | to read: |
6528 | 944.023 Definitions; capacity factors Comprehensive |
6529 | correctional master plan.-- |
6530 | (1) As used in this section and s. 944.0231, the term: |
6531 | (a) "Criminal Justice Estimating Conference" means the |
6532 | Criminal Justice Estimating Conference referred to in s. |
6533 | 216.136(5). |
6534 | (b) "Total capacity" of the state correctional system |
6535 | means the total design capacity of all institutions and |
6536 | facilities in the state correctional system, which may include |
6537 | those facilities authorized and funded under chapter 957, |
6538 | increased by one-half, with the following exceptions: |
6539 | 1. Medical and mental health beds must remain at design |
6540 | capacity. |
6541 | 2. Community-based contracted beds must remain at design |
6542 | capacity. |
6543 | 3. The one-inmate-per-cell requirement at Florida State |
6544 | Prison and other maximum security facilities must be maintained |
6545 | pursuant to paragraph (3)(7)(a). |
6546 | 4. Community correctional centers and drug treatment |
6547 | centers must be increased by one-third. |
6548 | 5. A housing unit may not exceed its maximum capacity |
6549 | pursuant to paragraphs (3)(7)(a) and (b). |
6550 | 6. A number of beds equal to 5 percent of total capacity |
6551 | shall be deducted for management beds at institutions. |
6552 | (c) "State correctional system" means the correctional |
6553 | system as defined in s. 944.02. |
6554 | (2) The department shall develop a comprehensive |
6555 | correctional master plan. The master plan shall project the |
6556 | needs for the state correctional system for the coming 5-year |
6557 | period and shall be updated annually and submitted to the |
6558 | Governor's office and the Legislature at the same time the |
6559 | department submits its legislative budget request as provided in |
6560 | chapter 216. |
6561 | (3) The purposes of the comprehensive correctional master |
6562 | plan shall be: |
6563 | (a) To ensure that the penalties of the criminal justice |
6564 | system are completely and effectively administered to the |
6565 | convicted criminals and, to the maximum extent possible, that |
6566 | the criminal is provided opportunities for self-improvement and |
6567 | returned to freedom as a productive member of society. |
6568 | (b) To the extent possible, to protect the public safety |
6569 | and the law-abiding citizens of this state and to carry out the |
6570 | laws protecting the rights of the victims of convicted |
6571 | criminals. |
6572 | (c) To develop and maintain a humane system of punishment |
6573 | providing prison inmates with proper housing, nourishment, and |
6574 | medical attention. |
6575 | (d) To provide fair and adequate compensation and benefits |
6576 | to the employees of the state correctional system. |
6577 | (e) To the extent possible, to maximize the effective and |
6578 | efficient use of the principles used in private business. |
6579 | (f) To provide that convicted criminals not be |
6580 | incarcerated for any longer period of time or in any more secure |
6581 | facility than is necessary to ensure adequate sanctions, |
6582 | rehabilitation of offenders, and protection of public safety. |
6583 | (4) The comprehensive correctional master plan shall use |
6584 | the estimates of the Criminal Justice Estimating Conference and |
6585 | shall include: |
6586 | (a) A plan for the decentralization of reception and |
6587 | classification facilities for the implementation of a systemwide |
6588 | diagnosis-and-evaluation capability for adult offenders. The |
6589 | plan shall provide for a system of psychological testing and |
6590 | evaluation as well as medical screening through department |
6591 | resources or with other public or private agencies through a |
6592 | purchase-of-services agreement. |
6593 | (b) A plan developed by the department for the |
6594 | comprehensive vocational and educational training of, and |
6595 | treatment programs for, offenders and their evaluation within |
6596 | each institution, program, or facility of the department, based |
6597 | upon the identified needs of the offender and the requirements |
6598 | of the employment market. |
6599 | (c) A plan contracting with local facilities and programs |
6600 | as short-term confinement resources of the department for |
6601 | offenders who are sentenced to 3 years or less, or who are |
6602 | within 3 years or less of their anticipated release date, and |
6603 | integration of detention services which have community-based |
6604 | programs. The plan shall designate such facilities and programs |
6605 | by region of the state and identify, by county, the capability |
6606 | for local incarceration. |
6607 | (d) A detailed analysis of methods to implement |
6608 | diversified alternatives to institutionalization when such |
6609 | alternatives can be safely employed. The analysis shall include |
6610 | an assessment of current pretrial intervention, probation, and |
6611 | community control alternatives and their cost-effectiveness with |
6612 | regard to restitution to victims, reimbursements for cost of |
6613 | supervision, and subsequent violations resulting in commitments |
6614 | to the department. Such analysis shall also include an |
6615 | assessment of current use of electronic surveillance of |
6616 | offenders and projected potential for diverting additional |
6617 | categories of offenders from incarceration within the |
6618 | department. |
6619 | (e) A detailed analysis of current incarceration rates of |
6620 | both the state and county correctional systems with the |
6621 | calculation by the department of the current and projected |
6622 | ratios of inmates in the correctional system, as defined in s. |
6623 | 945.01, to the general population of the state which will serve |
6624 | as a basis for projecting construction needs. |
6625 | (f) A plan for community-based facilities and programs for |
6626 | the reintegration of offenders into society whereby inmates who |
6627 | are being released shall receive assistance. Such assistance may |
6628 | be through work-release, transition assistance, release |
6629 | assistance stipend, contract release, postrelease special |
6630 | services, temporary housing, or job placement programs. |
6631 | (g) A plan reflecting parity of pay or comparable economic |
6632 | benefits for correctional officers with that of law enforcement |
6633 | officers in this state, and an assessment of projected impacts |
6634 | on turnover rates within the department. |
6635 | (h) A plan containing habitability criteria which defines |
6636 | when beds are available and functional for use by inmates, and |
6637 | containing factors which define when institutions and facilities |
6638 | may be added to the inventory of the state correctional system. |
6639 | (5) The comprehensive correctional master plan shall |
6640 | project by year the total operating and capital outlay costs |
6641 | necessary for constructing a sufficient number of prison beds to |
6642 | avoid a deficiency in prison beds. Included in the master plan |
6643 | which projects operating and capital outlay costs shall be a |
6644 | siting plan which shall assess, rank, and designate appropriate |
6645 | sites pursuant to s. 944.095(2)(a)-(k). The master plan shall |
6646 | include an assessment of the department's current capability for |
6647 | providing the degree of security necessary to ensure public |
6648 | safety and should reflect the levels of security needed for the |
6649 | forecasted admissions of various types of offenders based upon |
6650 | sentence lengths and severity of offenses. The plan shall also |
6651 | provide construction options for targeting violent and habitual |
6652 | offenders for incarceration while providing specific |
6653 | alternatives for the various categories of lesser offenders. |
6654 | (2)(6) Institutions within the state correctional system |
6655 | shall have the following design capacity factors: |
6656 | (a) Rooms and prison cells between 40 square feet and 90 |
6657 | square feet, inclusive: one inmate per room or prison cell. |
6658 | (b) Dormitory-style rooms and other rooms exceeding 90 |
6659 | square feet: one inmate per 55 square feet. |
6660 | (c) At institutions with rooms or cells, except to the |
6661 | extent that separate confinement cells have been constructed, a |
6662 | number of rooms or prison cells equal to 3 percent of total |
6663 | design capacity must be deducted from design capacity and set |
6664 | aside for confinement purposes. |
6665 | (d) Bed count calculations used to determine design |
6666 | capacity shall only include beds which are functional and |
6667 | available for use by inmates. |
6668 | (3)(7) Institutions within the state correctional system |
6669 | shall have the following maximum capacity factors: |
6670 | (a) Rooms and prison cells between 40 square feet and 60 |
6671 | square feet, inclusive: one inmate per room or cell. If the room |
6672 | or prison cell is between 60 square feet and 90 square feet, |
6673 | inclusive, two inmates are allowed in each room, except that one |
6674 | inmate per room or prison cell is allowed at Florida State |
6675 | Prison or any other maximum security institution or facility |
6676 | which may be constructed. |
6677 | (b) Dormitory-style rooms and other rooms exceeding 90 |
6678 | square feet: one inmate per 37.5 square feet. Double-bunking is |
6679 | generally allowed only along the outer walls of a dormitory. |
6680 | (c) At institutions with rooms or cells, except to the |
6681 | extent that separate confinement cells have been constructed, a |
6682 | number of rooms or prison cells equal to 3 percent of total |
6683 | maximum capacity are not available for maximum capacity, and |
6684 | must be set aside for confinement purposes, thereby reducing |
6685 | maximum capacity by 6 percent since these rooms would otherwise |
6686 | house two inmates. |
6687 | (d) A number of beds equal to 5 percent of total maximum |
6688 | capacity must be deducted for management at institutions. |
6689 | Section 234. Paragraph (f) of subsection (3) of section |
6690 | 944.801, Florida Statutes, is amended to read: |
6691 | 944.801 Education for state prisoners.-- |
6692 | (3) The responsibilities of the Correctional Education |
6693 | Program shall be to: |
6694 | (f) Report annual activities to the Secretary of |
6695 | Corrections, the Commissioner of Education, the Governor, and |
6696 | the Legislature. |
6697 | Section 235. Subsection (10) of section 945.35, Florida |
6698 | Statutes, is amended to read: |
6699 | 945.35 Requirement for education on human immunodeficiency |
6700 | virus, acquired immune deficiency syndrome, and other |
6701 | communicable diseases.-- |
6702 | (10) The department shall report to the Legislature by |
6703 | March 1 each year as to the implementation of this program and |
6704 | the participation by inmates and staff. |
6705 | Section 236. Paragraph (d) of subsection (8) of section |
6706 | 948.10, Florida Statutes, is amended to read: |
6707 | 948.10 Community control programs.-- |
6708 | (8) If an offender is sentenced to community control by |
6709 | the court and the offender is ineligible to be placed on |
6710 | community control as provided in subsection (2), the department |
6711 | shall: |
6712 | (d) Provide an annual report to the Governor, the |
6713 | President of the Senate, the Speaker of the House of |
6714 | Representatives, and the Chief Justice of the Supreme Court on |
6715 | the placement of ineligible offenders on community control in |
6716 | order to assist in preparing judicial education programs or for |
6717 | any other purpose. |
6718 | Section 237. Subsection (9) of section 958.045, Florida |
6719 | Statutes, is amended to read: |
6720 | 958.045 Youthful offender basic training program.-- |
6721 | (9) Upon commencement of the community residential |
6722 | program, the department shall submit annual reports to the |
6723 | Governor, the President of the Senate, and the Speaker of the |
6724 | House of Representatives detailing the extent of implementation |
6725 | of the basic training program and the community residential |
6726 | program, and outlining future goals and any recommendation the |
6727 | department has for future legislative action. |
6728 | Section 238. Paragraph (c) of subsection (1) of section |
6729 | 960.045, Florida Statutes, is amended to read: |
6730 | 960.045 Department of Legal Affairs; powers and |
6731 | duties.--It shall be the duty of the department to assist |
6732 | persons who are victims of crime. |
6733 | (1) The department shall: |
6734 | (c) Prepare an annual Render, prior to January 1 of each |
6735 | year, to the presiding officers of the Senate and House of |
6736 | Representatives a written report of the activities of the Crime |
6737 | Victims' Services Office that shall be available on the |
6738 | department's website. |
6739 | Section 239. Paragraph (c) of subsection (8) of section |
6740 | 985.02, Florida Statutes, is amended to read |
6741 | 985.02 Legislative intent for the juvenile justice |
6742 | system.-- |
6743 | (8) GENDER-SPECIFIC PROGRAMMING.-- |
6744 | (c) The Office of Program Policy Analysis and Government |
6745 | Accountability shall conduct an analysis of programs for young |
6746 | females within the Department of Juvenile Justice. The analysis |
6747 | shall address the nature of young female offenders in this |
6748 | state, the percentage of young females who are incarcerated in |
6749 | the juvenile justice system for status offenses and violations |
6750 | of probation, and whether these young females could be better |
6751 | served in less costly community-based programs. In addition, the |
6752 | review shall analyze whether existing juvenile justice programs |
6753 | are designed to meet the gender-specific needs of young females |
6754 | and an analysis of the true cost of providing gender-specific |
6755 | services to young females. |
6756 | Section 240. Subsections (3), (4), and (5) of section |
6757 | 985.08, Florida Statutes, are amended to read: |
6758 | 985.08 Information systems.-- |
6759 | (3) In order to assist in the integration of the |
6760 | information to be shared, the sharing of information obtained, |
6761 | the joint planning on diversion and early intervention |
6762 | strategies for juveniles at risk of becoming serious habitual |
6763 | juvenile offenders, and the intervention strategies for serious |
6764 | habitual juvenile offenders, a multiagency task force should be |
6765 | organized and utilized by the law enforcement agency or county |
6766 | in conjunction with the initiation of the information system |
6767 | described in subsections (1) and (2). The multiagency task force |
6768 | shall be composed of representatives of those agencies and |
6769 | persons providing information for the central identification |
6770 | file and the multiagency information sheet. |
6771 | (4) This multiagency task force shall develop a plan for |
6772 | the information system that includes measures which identify and |
6773 | address any disproportionate representation of ethnic or racial |
6774 | minorities in the information systems and shall develop |
6775 | strategies that address the protection of individual |
6776 | constitutional rights. |
6777 | (3)(5) Any law enforcement agency, or county that which |
6778 | implements a juvenile offender information system and the |
6779 | multiagency task force which maintain the information system |
6780 | must annually provide any information gathered during the |
6781 | previous year to the delinquency and gang prevention council of |
6782 | the judicial circuit in which the county is located. This |
6783 | information shall include the number, types, and patterns of |
6784 | delinquency tracked by the juvenile offender information system. |
6785 | Section 241. Subsections (2) and (3) of section 985.3045, |
6786 | Florida Statutes, are amended to read: |
6787 | 985.3045 Prevention service program; monitoring; report; |
6788 | uniform performance measures.-- |
6789 | (2) No later than January 31, 2001, the prevention service |
6790 | program shall submit a report to the Governor, the Speaker of |
6791 | the House, and the President of the Senate concerning the |
6792 | implementation of a statewide multiagency plan to coordinate the |
6793 | efforts of all state-funded programs, grants, appropriations, or |
6794 | activities that are designed to prevent juvenile crime, |
6795 | delinquency, gang membership, or status offense behaviors and |
6796 | all state-funded programs, grants, appropriations, or activities |
6797 | that are designed to prevent a child from becoming a "child in |
6798 | need of services," as defined in chapter 984. The report shall |
6799 | include a proposal for a statewide coordinated multiagency |
6800 | juvenile delinquency prevention policy. In preparing the report, |
6801 | the department shall coordinate with and receive input from each |
6802 | state agency or entity that receives or uses state |
6803 | appropriations to fund programs, grants, appropriations, or |
6804 | activities that are designed to prevent juvenile crime, |
6805 | delinquency, gang membership, status offense, or that are |
6806 | designed to prevent a child from becoming a "child in need of |
6807 | services," as defined in chapter 984. The report shall identify |
6808 | whether legislation will be needed to effect a statewide plan to |
6809 | coordinate the efforts of all state-funded programs, grants, |
6810 | appropriations, or activities that are designed to prevent |
6811 | juvenile crime, delinquency, gang membership, or status offense |
6812 | behaviors and all state-funded programs, grants, appropriations, |
6813 | or activities that are designed to prevent a child from becoming |
6814 | a "child in need of services," as defined in chapter 984. The |
6815 | report shall consider the potential impact of requiring such |
6816 | state-funded efforts to target at least one of the following |
6817 | strategies designed to prevent youth from entering or reentering |
6818 | the juvenile justice system and track the associated outcome |
6819 | data: |
6820 | (a) Encouraging youth to attend school, which may include |
6821 | special assistance and tutoring to address deficiencies in |
6822 | academic performance; outcome data to reveal the number of days |
6823 | youth attended school while participating in the program. |
6824 | (b) Engaging youth in productive and wholesome activities |
6825 | during nonschool hours that build positive character or instill |
6826 | positive values, or that enhance educational experiences; |
6827 | outcome data to reveal the number of youth who are arrested |
6828 | during nonschool hours while participating in the program. |
6829 | (c) Encouraging youth to avoid the use of violence; |
6830 | outcome data to reveal the number of youth who are arrested for |
6831 | crimes involving violence while participating in the program. |
6832 | (d) Assisting youth to acquire skills needed to find |
6833 | meaningful employment, which may include assistance in finding a |
6834 | suitable employer for the youth; outcome data to reveal the |
6835 | number of youth who obtain and maintain employment for at least |
6836 | 180 days. |
6837 |
|
6838 | The department is encouraged to identify additional strategies |
6839 | which may be relevant to preventing youth from becoming children |
6840 | in need of services and to preventing juvenile crime, |
6841 | delinquency, gang membership and status offense behaviors. The |
6842 | report shall consider the feasibility of developing uniform |
6843 | performance measures and methodology for collecting such outcome |
6844 | data to be utilized by all state-funded programs, grants, |
6845 | appropriations, or activities that are designed to prevent |
6846 | juvenile crime, delinquency, gang membership, or status offense |
6847 | behaviors and all state-funded programs, grants, appropriations, |
6848 | or activities that are designed to prevent a child from becoming |
6849 | a "child in need of services," as defined in chapter 984. The |
6850 | prevention service program is encouraged to identify other |
6851 | issues that may be of critical importance to preventing a child |
6852 | from becoming a child in need of services, as defined in chapter |
6853 | 984, or to preventing juvenile crime, delinquency, gang |
6854 | membership, or status offense behaviors. |
6855 | (2)(3) The department shall expend funds related to the |
6856 | prevention of juvenile delinquency in a manner consistent with |
6857 | the policies expressed in ss. 984.02 and 985.02. The department |
6858 | shall expend said funds in a manner that maximizes public |
6859 | accountability and ensures the documentation of outcomes. |
6860 | (a) All entities that receive or use state moneys to fund |
6861 | juvenile delinquency prevention services through contracts or |
6862 | grants with the department shall design the programs providing |
6863 | such services to further one or more of the following |
6864 | strategies: specified in paragraphs (2)(a)-(d). |
6865 | 1. Encouraging youth to attend school, which may include |
6866 | special assistance and tutoring to address deficiencies in |
6867 | academic performance and collecting outcome data to reveal the |
6868 | number of days youth attended school while participating in the |
6869 | program. |
6870 | 2. Engaging youth in productive and wholesome activities |
6871 | during nonschool hours that build positive character or instill |
6872 | positive values or that enhance educational experiences and |
6873 | collecting outcome data to reveal the number of youths who are |
6874 | arrested during nonschool hours while participating in the |
6875 | program. |
6876 | 3. Encouraging youth to avoid the use of violence and |
6877 | collecting outcome data to reveal the number of youths who are |
6878 | arrested for crimes involving violence while participating in |
6879 | the program. |
6880 | 4. Assisting youth to acquire skills needed to find |
6881 | meaningful employment, which may include assistance in finding a |
6882 | suitable employer for the youth and collecting outcome data to |
6883 | reveal the number of youths who obtain and maintain employment |
6884 | for at least 180 days. |
6885 | (b) The department shall develop an outcome measure for |
6886 | each program strategy specified in paragraph (a) paragraphs |
6887 | (2)(a)-(d) that logically relates to the risk factor addressed |
6888 | by the strategy. |
6889 | (c) All entities that receive or use state moneys to fund |
6890 | the juvenile delinquency prevention services through contracts |
6891 | or grants with the department shall, as a condition of receipt |
6892 | of state funds, provide the department with personal demographic |
6893 | information concerning all participants in the service |
6894 | sufficient to allow the department to verify criminal or |
6895 | delinquent history information, school attendance or academic |
6896 | information, employment information, or other requested |
6897 | performance information. |
6898 | Section 242. Section 985.3046, Florida Statutes, is |
6899 | repealed. |
6900 | Section 243. Subsection (5) of section 985.305, Florida |
6901 | Statutes, is amended to read: |
6902 | 985.305 Early delinquency intervention program; |
6903 | criteria.-- |
6904 | (5) Not later than 18 months after the initiation of an |
6905 | early delinquency intervention program, the department shall |
6906 | prepare and submit a progress report to the chairs of the |
6907 | appropriate House and Senate fiscal committees and the |
6908 | appropriate House and Senate substantive committees on the |
6909 | development and implementation of the program, including: |
6910 | (a) Factors determining placement of a child in the |
6911 | program. |
6912 | (b) Services provided in each component of the program. |
6913 | (c) Costs associated with each component of the program. |
6914 | (d) Problems or difficulties encountered in the |
6915 | implementation and operation of the program. |
6916 | Section 244. Subsection (9) of section 985.309, Florida |
6917 | Statutes, is amended to read: |
6918 | 985.309 Boot camp for children.-- |
6919 | (9) If a department-operated boot camp fails to pass the |
6920 | department's quarterly inspection and evaluation, the department |
6921 | must take necessary and sufficient steps to ensure and document |
6922 | program changes to achieve compliance with department rules. If |
6923 | the department-operated boot camp fails to achieve compliance |
6924 | with department rules within 3 months and if there are no |
6925 | documented extenuating circumstances, the department may take |
6926 | must notify the Executive Office of the Governor and the |
6927 | Legislature of the corrective action taken. Appropriate |
6928 | corrective action may include, but is not limited to: |
6929 | (a) Contracting out for the operation of the boot camp; |
6930 | (b) Initiating appropriate disciplinary action against all |
6931 | employees whose conduct or performance is deemed to have |
6932 | materially contributed to the program's failure to meet |
6933 | department rules; |
6934 | (c) Redesigning the program; or |
6935 | (d) Realigning the program. |
6936 | Section 245. Paragraph (a) of subsection (1) of section |
6937 | 985.31, Florida Statutes, is amended to read: |
6938 | 985.31 Serious or habitual juvenile offender.-- |
6939 | (1) ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the |
6940 | provisions of this chapter and the establishment of appropriate |
6941 | program guidelines and standards, contractual instruments, which |
6942 | shall include safeguards of all constitutional rights, shall be |
6943 | developed as follows: |
6944 | (a) The department shall provide for: |
6945 | 1. The oversight of implementation of assessment and |
6946 | treatment approaches. |
6947 | 2. The identification and prequalification of appropriate |
6948 | individuals or not-for-profit organizations, including minority |
6949 | individuals or organizations when possible, to provide |
6950 | assessment and treatment services to serious or habitual |
6951 | delinquent children. |
6952 | 3. The monitoring and evaluation of assessment and |
6953 | treatment services for compliance with the provisions of this |
6954 | chapter and all applicable rules and guidelines pursuant |
6955 | thereto. |
6956 | 4. The development of an annual report on the performance |
6957 | of assessment and treatment to be presented to the Governor, the |
6958 | Attorney General, the President of the Senate, the Speaker of |
6959 | the House of Representatives, and the Auditor General no later |
6960 | than January 1 of each year. |
6961 | Section 246. Paragraph (a) of subsection (1) of section |
6962 | 985.311, Florida Statutes, is amended to read: |
6963 | 985.311 Intensive residential treatment program for |
6964 | offenders less than 13 years of age.-- |
6965 | (1) ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the |
6966 | provisions of this chapter and the establishment of appropriate |
6967 | program guidelines and standards, contractual instruments, which |
6968 | shall include safeguards of all constitutional rights, shall be |
6969 | developed for intensive residential treatment programs for |
6970 | offenders less than 13 years of age as follows: |
6971 | (a) The department shall provide for: |
6972 | 1. The oversight of implementation of assessment and |
6973 | treatment approaches. |
6974 | 2. The identification and prequalification of appropriate |
6975 | individuals or not-for-profit organizations, including minority |
6976 | individuals or organizations when possible, to provide |
6977 | assessment and treatment services to intensive offenders less |
6978 | than 13 years of age. |
6979 | 3. The monitoring and evaluation of assessment and |
6980 | treatment services for compliance with the provisions of this |
6981 | chapter and all applicable rules and guidelines pursuant |
6982 | thereto. |
6983 | 4. The development of an annual report on the performance |
6984 | of assessment and treatment to be presented to the Governor, the |
6985 | Attorney General, the President of the Senate, the Speaker of |
6986 | the House of Representatives, the Auditor General, and the |
6987 | Office of Program Policy Analysis and Government Accountability |
6988 | no later than January 1 of each year. |
6989 | Section 247. Subsection (1) of section 985.3155, Florida |
6990 | Statutes, is amended to read: |
6991 | 985.3155 Multiagency plan for vocational education.-- |
6992 | (1) The Department of Juvenile Justice and the Department |
6993 | of Education shall, in consultation with the statewide Workforce |
6994 | Development Youth Council, school districts, providers, and |
6995 | others, jointly develop a multiagency plan for vocational |
6996 | education that establishes the curriculum, goals, and outcome |
6997 | measures for vocational programs in juvenile commitment |
6998 | facilities. The plan must include: |
6999 | (a) Provisions for maximizing appropriate state and |
7000 | federal funding sources, including funds under the Workforce |
7001 | Investment Act and the Perkins Act; |
7002 | (b) The responsibilities of both departments and all other |
7003 | appropriate entities; and |
7004 | (c) A detailed implementation schedule. |
7005 |
|
7006 | The plan must be submitted to the Governor, the President of the |
7007 | Senate, and the Speaker of the House of Representatives by May |
7008 | 1, 2001. |
7009 | Section 248. Section 985.403, Florida Statutes, is |
7010 | repealed. |
7011 | Section 249. Subsection (7) of section 985.412, Florida |
7012 | Statutes, is amended to read: |
7013 | 985.412 Quality assurance and cost-effectiveness.-- |
7014 | (7) No later than November 1, 2001, the department shall |
7015 | submit a proposal to the Legislature concerning funding |
7016 | incentives and disincentives for the department and for |
7017 | providers under contract with the department. The |
7018 | recommendations for funding incentives and disincentives shall |
7019 | be based upon both quality assurance performance and cost- |
7020 | effectiveness performance. The proposal should strive to achieve |
7021 | consistency in incentives and disincentives for both department- |
7022 | operated and contractor-provided programs. The department may |
7023 | include recommendations for the use of liquidated damages in the |
7024 | proposal; however, the department is not presently authorized to |
7025 | contract for liquidated damages in non-hardware-secure |
7026 | facilities until January 1, 2002. |
7027 | Section 250. Subsections (3) and (4) of section 1001.02, |
7028 | Florida Statutes, are amended to read: |
7029 | 1001.02 General powers of State Board of Education.-- |
7030 | (3) The State Board of Education shall adopt rules to |
7031 | establish the criteria for assigning, reviewing, and removing |
7032 | limited-access status to an educational program. The State Board |
7033 | of Education shall monitor the extent of limited-access programs |
7034 | within the state universities and report to the Legislature |
7035 | admissions and enrollment data for limited-access programs. Such |
7036 | report shall be submitted annually by December 1 and shall |
7037 | assist in determining the potential need for academic program |
7038 | contracts with independent institutions pursuant to paragraph |
7039 | (2)(p). The report must specify, for each limited-access program |
7040 | within each institution, the following categories, by race and |
7041 | gender: |
7042 | (a) The number of applicants. |
7043 | (b) The number of applicants granted admission. |
7044 | (c) The number of applicants who are granted admission and |
7045 | enroll. |
7046 | (d) The number of applicants denied admission. |
7047 | (e) The number of applicants neither granted admission nor |
7048 | denied admission. |
7049 |
|
7050 | Each category must be reported for each term. Each category must |
7051 | be reported by type of student, including the following |
7052 | subcategories: native students, community college associate in |
7053 | arts degree transfer students, and other students. Each category |
7054 | and subcategory must further be reported according to the number |
7055 | of students who meet or exceed the minimum eligibility |
7056 | requirements for admission to the program and the number of |
7057 | students who do not meet or exceed the minimum eligibility |
7058 | requirements for admission to the program. |
7059 | (4) The State Board of Education shall review, and approve |
7060 | or disapprove, baccalaureate-degree programs that exceed 120 |
7061 | semester hours, after considering accreditation requirements, |
7062 | employment and earnings of graduates, comparative program |
7063 | lengths nationally, and comparisons with similar programs |
7064 | offered by independent institutions. By December 31 of each |
7065 | year, the State Board of Education must report to the |
7066 | Legislature any degrees in the state universities that require |
7067 | more than 120 hours, along with appropriate evidence of need. At |
7068 | least every 5 years, the State Board of Education must determine |
7069 | whether the programs still require more than the standard length |
7070 | of 120 hours. |
7071 | Section 251. Paragraph (a) of subsection (4) of section |
7072 | 1008.30, Florida Statutes, is amended to read: |
7073 | 1008.30 Common placement testing for public postsecondary |
7074 | education.-- |
7075 | (4)(a) Public postsecondary educational institution |
7076 | students who have been identified as requiring additional |
7077 | preparation pursuant to subsection (1) shall enroll in college- |
7078 | preparatory or other adult education pursuant to s. 1004.93 in |
7079 | community colleges to develop needed college-entry skills. These |
7080 | students shall be permitted to take courses within their degree |
7081 | program concurrently in other curriculum areas for which they |
7082 | are qualified while enrolled in college-preparatory instruction |
7083 | courses. A student enrolled in a college-preparatory course may |
7084 | concurrently enroll only in college credit courses that do not |
7085 | require the skills addressed in the college-preparatory course. |
7086 | The State Board of Education shall specify the college credit |
7087 | courses that are acceptable for students enrolled in each |
7088 | college-preparatory skill area, pursuant to s. 1001.02(5)(7)(g). |
7089 | A student who wishes to earn an associate in arts or a |
7090 | baccalaureate degree, but who is required to complete a college- |
7091 | preparatory course, must successfully complete the required |
7092 | college-preparatory studies by the time the student has |
7093 | accumulated 12 hours of lower-division college credit degree |
7094 | coursework; however, a student may continue enrollment in |
7095 | degree-earning coursework provided the student maintains |
7096 | enrollment in college-preparatory coursework for each subsequent |
7097 | semester until college-preparatory coursework requirements are |
7098 | completed, and the student demonstrates satisfactory performance |
7099 | in degree-earning coursework. A passing score on a standardized, |
7100 | institutionally developed test must be achieved before a student |
7101 | is considered to have met basic computation and communication |
7102 | skills requirements; however, no student shall be required to |
7103 | retake any test or subtest that was previously passed by said |
7104 | student. Credit awarded for college-preparatory instruction may |
7105 | not be counted toward fulfilling the number of credits required |
7106 | for a degree. |
7107 | Section 252. Subsection (1) of section 1011.82, Florida |
7108 | Statutes, is amended to read: |
7109 | 1011.82 Requirements for participation in Community |
7110 | College Program Fund.--Each community college district which |
7111 | participates in the state appropriations for the Community |
7112 | College Program Fund shall provide evidence of its effort to |
7113 | maintain an adequate community college program which shall: |
7114 | (1) Meet the minimum standards prescribed by the State |
7115 | Board of Education in accordance with s. 1001.02(7)(9). |
7116 | Section 253. Subsection (14) of section 1001.03, Florida |
7117 | Statutes, is amended to read: |
7118 | 1001.03 Specific powers of State Board of Education.-- |
7119 | (14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT |
7120 | ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of |
7121 | Education shall recommend to the Legislature by February 1, |
7122 | 2003, a uniform classification system for school district |
7123 | administrative and management personnel that will facilitate the |
7124 | uniform coding of administrative and management personnel to |
7125 | total district employees. |
7126 | Section 254. Subsection (19) of section 1002.34, Florida |
7127 | Statutes, is amended to read: |
7128 | 1002.34 Charter technical career centers.-- |
7129 | (19) EVALUATION; REPORT.--The Commissioner of Education |
7130 | shall provide for an annual comparative evaluation of charter |
7131 | technical career centers and public technical centers. The |
7132 | evaluation may be conducted in cooperation with the sponsor, |
7133 | through private contracts, or by department staff. At a minimum, |
7134 | the comparative evaluation must address the demographic and |
7135 | socioeconomic characteristics of the students served, the types |
7136 | and costs of services provided, and the outcomes achieved. By |
7137 | December 30 of each year, the Commissioner of Education shall |
7138 | submit to the Governor, the President of the Senate, the Speaker |
7139 | of the House of Representatives, and the Senate and House |
7140 | committees that have responsibility for secondary and |
7141 | postsecondary career and technical education a report of the |
7142 | comparative evaluation completed for the previous school year. |
7143 | Section 255. Subsections (3) and (4) of section 1003.492, |
7144 | Florida Statutes, are amended to read: |
7145 | 1003.492 Industry-certified career education programs.-- |
7146 | (3) The Department of Education shall study student |
7147 | performance in industry-certified career education programs. The |
7148 | department shall identify districts that currently operate |
7149 | industry-certified career education programs. The study shall |
7150 | examine the performance of participating students over time. |
7151 | Performance factors shall include, but not be limited to, |
7152 | graduation rates, retention rates, additional educational |
7153 | attainment, employment records, earnings, and industry |
7154 | satisfaction. The results of this study shall be submitted to |
7155 | the President of the Senate and the Speaker of the House of |
7156 | Representatives by December 31, 2004. |
7157 | (4) The Department of Education shall conduct a study to |
7158 | determine if a cost factor should be applied to industry- |
7159 | certified career education programs and review the need for |
7160 | startup funding for the programs. The study shall be completed |
7161 | by December 31, 2004, and shall be submitted to the President of |
7162 | the Senate and the Speaker of the House of Representatives. |
7163 | Section 256. Subsection (4) of section 1003.61, Florida |
7164 | Statutes, is amended to read: |
7165 | 1003.61 Pilot attendance project.--It is the purpose of |
7166 | this section to require the Manatee County District School Board |
7167 | to implement a pilot project that raises the compulsory age of |
7168 | attendance for children from the age of 16 years to the age of |
7169 | 18 years. The pilot project applies to each child who has not |
7170 | attained the age of 16 years by September 30 of the school year |
7171 | in which a school board policy is adopted. |
7172 | (4) The district school board must evaluate the effect of |
7173 | its adopted policy raising the compulsory age of attendance on |
7174 | school attendance and on the school district's dropout rate, as |
7175 | well as on the costs associated with the pilot project. The |
7176 | school district shall report its findings to the President of |
7177 | the Senate, the Speaker of the House of Representatives, the |
7178 | minority leader of each house of the Legislature, the Governor, |
7179 | and the Commissioner of Education not later than August 1 |
7180 | following each year that the pilot project is in operation. |
7181 | Section 257. Subsections (5), (6), and (10) of section |
7182 | 1004.22, Florida Statutes, are amended to read: |
7183 | 1004.22 Divisions of sponsored research at state |
7184 | universities.-- |
7185 | (5) Moneys deposited in the permanent sponsored research |
7186 | development fund of a university shall be disbursed in |
7187 | accordance with the terms of the contract, grant, or donation |
7188 | under which they are received. Moneys received for overhead or |
7189 | indirect costs and other moneys not required for the payment of |
7190 | direct costs shall be applied to the cost of operating the |
7191 | division of sponsored research. Any surplus moneys shall be used |
7192 | to support other research or sponsored training programs in any |
7193 | area of the university. Transportation and per diem expense |
7194 | allowances shall be the same as those provided by law in s. |
7195 | 112.061, except that personnel performing travel under a |
7196 | sponsored research subcontract may be reimbursed for travel |
7197 | expenses in accordance with the provisions of the applicable |
7198 | prime contract or grant and the travel allowances established by |
7199 | the subcontractor, subject to the requirements of subsection |
7200 | (6)(7), or except as provided in subsection (10)(11). |
7201 | (6)(a) Each university shall submit to the State Board of |
7202 | Education a report of the activities of each division of |
7203 | sponsored research together with an estimated budget for the |
7204 | next fiscal year. |
7205 | (b) Not less than 90 days prior to the convening of each |
7206 | regular session of the Legislature in which an appropriation |
7207 | shall be made, the State Board of Education shall submit to the |
7208 | chair of the appropriations committee of each house of the |
7209 | Legislature a compiled report, together with a compiled |
7210 | estimated budget for the next fiscal year. A copy of such report |
7211 | and estimated budget shall be furnished to the Governor, as the |
7212 | chief budget officer of the state. |
7213 | (9)(10) The operation of the divisions of sponsored |
7214 | research and the conduct of the sponsored research program are |
7215 | expressly exempted from the provisions of any other laws or |
7216 | portions of laws in conflict herewith and are, subject to the |
7217 | requirements of subsection (6)(7), exempted from the provisions |
7218 | of chapters 215, 216, and 283. |
7219 | Section 258. Subsection (6) of section 1004.50, Florida |
7220 | Statutes, is amended to read: |
7221 | 1004.50 Institute on Urban Policy and Commerce.-- |
7222 | (6) The Governor shall submit an annual report to the |
7223 | Legislature on the unmet needs in the state's urban communities. |
7224 | Section 259. Section 1004.94, Florida Statutes, is amended |
7225 | to read: |
7226 | 1004.94 Adult literacy.-- |
7227 | (1)(a) An adult, individualized literacy instruction |
7228 | program is created for adults who possess literacy skills below |
7229 | the ninth grade level. The purpose of the program is to provide |
7230 | self-paced, competency-based, individualized tutorial |
7231 | instruction. The commissioner shall administer this section in |
7232 | coordination with community college boards of trustees, local |
7233 | school boards, and the Division of Library and Information |
7234 | Services of the Department of State. |
7235 | (b) Local adult, individualized literacy instruction |
7236 | programs may be coordinated with local public library systems |
7237 | and with public or private nonprofit agencies, organizations, or |
7238 | institutions. A local public library system and a public or |
7239 | private nonprofit agency, organization, or institution may use |
7240 | funds appropriated for the purposes of this section to hire |
7241 | program coordinators. Such coordinators shall offer training |
7242 | activities to volunteer tutors and oversee the operation of |
7243 | local literacy programs. A local public library system and a |
7244 | public or private nonprofit agency, organization, or institution |
7245 | may also purchase student instructional materials and modules |
7246 | that instruct tutors in the teaching of basic and functional |
7247 | literacy and English for speakers of other languages. To the |
7248 | extent funds are appropriated, cooperating local library systems |
7249 | shall purchase, and make available for loan, reading materials |
7250 | of high interest and with a vocabulary appropriate for use by |
7251 | students who possess literacy skills below the ninth grade level |
7252 | and students of English for speakers of other languages. |
7253 | (2)(a) The adult literacy program is intended to increase |
7254 | adult literacy as prescribed in the agency functional plan of |
7255 | the Department of Education. The commissioner shall establish |
7256 | guidelines for the purpose of determining achievement of this |
7257 | goal. |
7258 | (b) Each participating local sponsor shall submit an |
7259 | annual report to the commissioner which must contain information |
7260 | to demonstrate the extent to which there has been progress |
7261 | toward increasing the percentage of adults within the service |
7262 | area who possess literacy skills. |
7263 | (c) Based on the information provided from the local |
7264 | reports, the commissioner shall develop an annual status report |
7265 | on literacy and adult education. |
7266 | (2)(3) Funds appropriated for the purposes of this section |
7267 | shall be allocated as grants for implementing adult literacy |
7268 | programs. Such funds may not be used to supplant funds used for |
7269 | activities that would otherwise be conducted in the absence of |
7270 | literacy funding. A grant awarded pursuant to this section may |
7271 | not exceed $50,000. Priority for the use of such funds shall be |
7272 | given to paying expenses related to the instruction of volunteer |
7273 | tutors, including materials and the salary of the program |
7274 | coordinator. Local sponsors may also accept funds from private |
7275 | sources for the purposes of this section. |
7276 | (4)(a) The commissioner shall submit a state adult |
7277 | literacy plan to the State Board of Education to serve as a |
7278 | reference for district school boards and community colleges |
7279 | boards of trustees to increase adult literacy in their service |
7280 | areas as prescribed in the agency functional plan of the |
7281 | Department of Education. The plan must include, at a minimum: |
7282 | 1. Policies and objectives for adult literacy programs, |
7283 | including evaluative criteria. |
7284 | 2. Strategies for coordinating adult literacy activities |
7285 | with programs and services provided by other state and local |
7286 | nonprofit agencies, as well as strategies for maximizing other |
7287 | funding, resources, and expertise. |
7288 | 3. Procedures for identifying, recruiting, and retaining |
7289 | adults who possess literacy skills below the ninth grade level. |
7290 | 4. Sources of relevant demographic information and methods |
7291 | of projecting the number of adults who possess literacy skills |
7292 | below the ninth grade level. |
7293 | 5. Acceptable methods of demonstrating compliance with the |
7294 | provisions of this section. |
7295 | 6. Guidelines for the development and implementation of |
7296 | local adult literacy plans. At a minimum, such guidelines must |
7297 | address: |
7298 | a. The recruitment and preparation of volunteer tutors. |
7299 | b. Interagency and intraagency cooperation and |
7300 | coordination, especially with public libraries and other |
7301 | sponsors of literacy programs. |
7302 | c. Desirable learning environments, including class size. |
7303 | d. Program evaluation standards. |
7304 | e. Methods for identifying, recruiting, and retaining |
7305 | adults in literacy programs. |
7306 | f. Adult literacy through family literacy and workforce |
7307 | literacy programs. |
7308 | (b) Every 3 years, the district school board or community |
7309 | college board of trustees shall develop and maintain a local |
7310 | adult literacy plan. |
7311 | Section 260. Subsection (4) of section 1004.95, Florida |
7312 | Statutes, is amended to read: |
7313 | 1004.95 Adult literacy centers.-- |
7314 | (4) The State Board of Education shall develop rules for |
7315 | implementing this section, including criteria for evaluating the |
7316 | performance of the centers, and shall submit an evaluation |
7317 | report of the centers to the Legislature on or before February 1 |
7318 | of each year. |
7319 | Section 261. Section 1006.0605, Florida Statutes, is |
7320 | repealed. |
7321 | Section 262. Section 1006.67, Florida Statutes, is |
7322 | repealed. |
7323 | Section 263. Subsection (11) of section 1007.27, Florida |
7324 | Statutes, is amended to read: |
7325 | 1007.27 Articulated acceleration mechanisms.-- |
7326 | (11)(a) The State Board of Education shall conduct a |
7327 | review of the extent to which the acceleration mechanisms |
7328 | authorized by this section are currently utilized by school |
7329 | districts and public postsecondary educational institutions and |
7330 | shall submit a report to the Governor and the Legislature by |
7331 | December 31, 2003. |
7332 | (b) The report must include a summary of ongoing |
7333 | activities and a plan to increase and enhance the use of |
7334 | acceleration mechanisms as a way to shorten the length of time |
7335 | as well as the funding required for a student, including a |
7336 | student with a documented disability, to obtain a postsecondary |
7337 | degree. |
7338 | (c) The review and plan shall address, but are not limited |
7339 | to, the following issues: |
7340 | 1. The manner in which students, including students with |
7341 | documented disabilities, are advised regarding the availability |
7342 | of acceleration mechanism options. |
7343 | 2. The availability of acceleration mechanism options to |
7344 | eligible students, including students with documented |
7345 | disabilities, who wish to participate. |
7346 | 3. The grading practices, including weighting of courses, |
7347 | of school districts and public postsecondary educational |
7348 | institutions with regard to credit earned through acceleration |
7349 | mechanisms. |
7350 | 4. The extent to which credit earned through an |
7351 | acceleration mechanism is used to meet the general education |
7352 | requirements of a public postsecondary educational institution. |
7353 | 5. The extent to which the secondary instruction |
7354 | associated with acceleration mechanism options could be offered |
7355 | at sites other than public K through 12 school sites to assist |
7356 | in meeting class size reduction needs. |
7357 | 6. The manner in which funding for instruction associated |
7358 | with acceleration mechanism options is provided. |
7359 | 7. The feasibility of providing students, including |
7360 | students with documented disabilities, the option of choosing |
7361 | Advanced Placement credit or College Level Examination Program |
7362 | (CLEP) credit as an alternative to dual enrollment credit upon |
7363 | completion of a dual enrollment course. |
7364 | Section 264. Subsection (8) of section 1009.70, Florida |
7365 | Statutes, is amended to read: |
7366 | 1009.70 Florida Education Fund.-- |
7367 | (8) There is created a legal education component of the |
7368 | Florida Education Fund to provide the opportunity for minorities |
7369 | to attain representation within the legal profession |
7370 | proportionate to their representation within the general |
7371 | population. The legal education component of the Florida |
7372 | Education Fund includes a law school program and a pre-law |
7373 | program. |
7374 | (a) The law school scholarship program of the Florida |
7375 | Education Fund is to be administered by the Board of Directors |
7376 | of the Florida Education Fund for the purpose of increasing by |
7377 | 200 the number of minority students enrolled in law schools in |
7378 | this state. Implementation of this program is to be phased in |
7379 | over a 3-year period. |
7380 | 1. The board of directors shall provide financial, |
7381 | academic, and other support to students selected for |
7382 | participation in this program from funds appropriated by the |
7383 | Legislature. |
7384 | 2. Student selection must be made in accordance with rules |
7385 | adopted by the board of directors for that purpose and must be |
7386 | based, at least in part, on an assessment of potential for |
7387 | success, merit, and financial need. |
7388 | 3. Support must be made available to students who enroll |
7389 | in private, as well as public, law schools in this state which |
7390 | are accredited by the American Bar Association. |
7391 | 4. Scholarships must be paid directly to the participating |
7392 | students. |
7393 | 5. Students who participate in this program must agree in |
7394 | writing to sit for The Florida Bar examination and, upon |
7395 | successful admission to The Florida Bar, to either practice law |
7396 | in the state for a period of time equal to the amount of time |
7397 | for which the student received aid, up to 3 years, or repay the |
7398 | amount of aid received. |
7399 | 6. Annually, the board of directors shall compile a report |
7400 | that includes a description of the selection process, an |
7401 | analysis of the academic progress of all scholarship recipients, |
7402 | and an analysis of expenditures. This report must be submitted |
7403 | to the President of the Senate, the Speaker of the House of |
7404 | Representatives, and the Governor. |
7405 | (b) The minority pre-law scholarship loan program of the |
7406 | Florida Education Fund is to be administered by the Board of |
7407 | Directors of the Florida Education Fund for the purpose of |
7408 | increasing the opportunity of minority students to prepare for |
7409 | law school. |
7410 | 1. From funds appropriated by the Legislature, the board |
7411 | of directors shall provide for student fees, room, board, books, |
7412 | supplies, and academic and other support to selected minority |
7413 | undergraduate students matriculating at eligible public and |
7414 | independent colleges and universities in Florida. |
7415 | 2. Student selection must be made in accordance with rules |
7416 | adopted by the board of directors for that purpose and must be |
7417 | based, at least in part, on an assessment of potential for |
7418 | success, merit, and financial need. |
7419 | 3. To be eligible, a student must make a written agreement |
7420 | to enter or be accepted to enter a law school in this state |
7421 | within 2 years after graduation or repay the scholarship loan |
7422 | amount plus interest at the prevailing rate. |
7423 | 4. Recipients who fail to gain admission to a law school |
7424 | within the specified period of time, may, upon admission to law |
7425 | school, be eligible to have their loans canceled. |
7426 | 5. Minority pre-law scholarship loans shall be provided to |
7427 | 34 minority students per year for up to 4 years each, for a |
7428 | total of 136 scholarship loans. To continue receipt of |
7429 | scholarship loans, recipients must maintain a 2.75 grade point |
7430 | average for the freshman year and a 3.25 grade point average |
7431 | thereafter. Participants must also take specialized courses to |
7432 | enhance competencies in English and logic. |
7433 | 6. The board of directors shall maintain records on all |
7434 | scholarship loan recipients. Participating institutions shall |
7435 | submit academic progress reports to the board of directors |
7436 | following each academic term. Annually, the board of directors |
7437 | shall compile a report that includes a description of the |
7438 | selection process, an analysis of the academic progress of all |
7439 | scholarship loan recipients, and an analysis of expenditures. |
7440 | This report must be submitted to the President of the Senate, |
7441 | the Speaker of the House of Representatives, and the Governor. |
7442 | Section 265. Subsection (8) of section 1011.32, Florida |
7443 | Statutes, is amended to read: |
7444 | 1011.32 Community College Facility Enhancement Challenge |
7445 | Grant Program.-- |
7446 | (8) By September 1 of each year, the State Board of |
7447 | Education shall transmit to the Governor and Legislature a list |
7448 | of projects which meet all eligibility requirements to |
7449 | participate in the Community College Facility Enhancement |
7450 | Challenge Grant Program and a budget request which includes the |
7451 | recommended schedule necessary to complete each project. |
7452 | Section 266. Subsection (5) section 1011.4105, Florida |
7453 | Statutes, is amended to read: |
7454 | 1011.4105 Transition from state accounting system (FLAIR) |
7455 | to university accounting system.-- |
7456 | (5) The State Board of Education in cooperation with each |
7457 | university and the Department of Financial Services shall |
7458 | develop a plan and establish the deadline for all universities |
7459 | to have completed the transition from FLAIR. The board shall |
7460 | submit a copy of this plan to the Executive Office of the |
7461 | Governor and the chairs of the appropriations committees of the |
7462 | Senate and House of Representatives. |
7463 | Section 267. Paragraph (p) of subsection (1) of section |
7464 | 1011.62, Florida Statutes, is amended to read: |
7465 | 1011.62 Funds for operation of schools.--If the annual |
7466 | allocation from the Florida Education Finance Program to each |
7467 | district for operation of schools is not determined in the |
7468 | annual appropriations act or the substantive bill implementing |
7469 | the annual appropriations act, it shall be determined as |
7470 | follows: |
7471 | (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR |
7472 | OPERATION.--The following procedure shall be followed in |
7473 | determining the annual allocation to each district for |
7474 | operation: |
7475 | (p) Extended-school-year program.--It is the intent of the |
7476 | Legislature that students be provided additional instruction by |
7477 | extending the school year to 210 days or more. Districts may |
7478 | apply to the Commissioner of Education for funds to be used in |
7479 | planning and implementing an extended-school-year program. The |
7480 | Department of Education shall recommend to the Legislature the |
7481 | policies necessary for full implementation of an extended school |
7482 | year. |
7483 | Section 268. Paragraph (l) of subsection (2) of section |
7484 | 1012.05, Florida Statutes, is amended to read: |
7485 | 1012.05 Teacher recruitment and retention.-- |
7486 | (2) The Department of Education shall: |
7487 | (l) Develop, in consultation with Workforce Florida, Inc., |
7488 | and the Agency for Workforce Innovation, created pursuant to ss. |
7489 | 445.004 and 20.50, respectively, a plan for accessing and |
7490 | identifying available resources in the state's workforce system |
7491 | for the purpose of enhancing teacher recruitment and retention. |
7492 | Section 269. Subsection (1) of section 1012.42, Florida |
7493 | Statutes, is amended to read: |
7494 | 1012.42 Teacher teaching out-of-field.-- |
7495 | (1) ASSISTANCE.--Each district school board shall adopt |
7496 | and implement a plan to assist any teacher teaching |
7497 | out-of-field, and priority consideration in professional |
7498 | development activities shall be given to teachers who are |
7499 | teaching out-of-field. The district school board shall require |
7500 | that such teachers participate in a certification or staff |
7501 | development program designed to provide the teacher with the |
7502 | competencies required for the assigned duties. The board- |
7503 | approved assistance plan must include duties of administrative |
7504 | personnel and other instructional personnel to provide students |
7505 | with instructional services. Each district school board shall |
7506 | contact its regional workforce board, created pursuant to s. |
7507 | 445.007, to identify resources that may assist teachers who are |
7508 | teaching out-of-field and who are pursuing certification. |
7509 | Section 270. Subsection (13) of section 1013.03, Florida |
7510 | Statutes, is amended to read: |
7511 | 1013.03 Functions of the department.--The functions of the |
7512 | Department of Education as it pertains to educational facilities |
7513 | shall include, but not be limited to, the following: |
7514 | (13) By October 1, 2003, review all rules related to |
7515 | school construction to identify requirements that are outdated, |
7516 | obsolete, unnecessary, or otherwise could be amended in order to |
7517 | provide additional flexibility to school districts to comply |
7518 | with the constitutional class size maximums described in s. |
7519 | 1003.03(1) and make recommendations concerning such rules to the |
7520 | State Board of Education. The State Board of Education shall act |
7521 | on such recommendations by December 31, 2003. |
7522 | Section 271. Section 1013.11, Florida Statutes, is amended |
7523 | to read: |
7524 | 1013.11 Postsecondary institutions assessment of physical |
7525 | plant safety.--The president of each postsecondary institution |
7526 | shall conduct or cause to be conducted an annual assessment of |
7527 | physical plant safety. An annual report shall incorporate the |
7528 | findings obtained through such assessment and recommendations |
7529 | for the improvement of safety on each campus. The annual report |
7530 | shall be submitted to the respective governing or licensing |
7531 | board of jurisdiction no later than January 1 of each year. Each |
7532 | board shall compile the individual institutional reports and |
7533 | convey the aggregate institutional reports to the Commissioner |
7534 | of Education. The Commissioner of Education shall convey these |
7535 | reports and the reports required in s. 1008.48 to the President |
7536 | of the Senate and the Speaker of the House of Representatives no |
7537 | later than March 1 of each year. |
7538 | Section 272. This act shall take effect upon becoming a |
7539 | law. |