HB 1859CS

CHAMBER ACTION



1The State Administration Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to obsolete or outdated agency plans,
7reports, and programs; repealing s. 16.58, F.S., relating
8to the Florida Legal Resource Center; amending s. 20.19,
9F.S.; revising provisions relating to plans, projections,
10and the mission of the Department of Children and Family
11Services; amending s. 20.315, F.S.; revising provisions
12relating to an evaluation of the Department of Corrections
13by the Florida Corrections Commission; amending s. 20.316,
14F.S.; revising provisions relating to reports of the
15Department of Juvenile Justice; amending ss. 20.43,
1639.001, and 39.3065, F.S.; revising and deleting
17provisions relating to specified obsolete and outdated
18plans, reports, and programs; repealing s. 39.4086, F.S.,
19relating to a pilot program for attorneys ad litem for
20dependent children; amending ss. 39.523 and 98.255, F.S.;
21revising and deleting provisions relating to specified
22obsolete and outdated plans, reports, and programs;
23amending s. 120.695, F.S., relating to a review of
24administrative rules; amending s. 161.053, F.S.; deleting
25obsolete provisions relating to the establishment of
26coastal construction control lines; amending s. 370.12,
27F.S.; conforming a cross reference; amending s. 161.161,
28F.S.; revising provisions relating to reporting
29requirements for beach erosion control projects; repealing
30s. 163.2526, F.S., relating to review and evaluation of
31specified provisions relating to urban infill and
32redevelopment; amending ss. 163.3167, 163.3177, 163.3178,
33163.519, 186.007, 189.4035, 189.412, 206.606, 212.054, and
34212.08, F.S.; revising and deleting provisions relating to
35specified obsolete and outdated plans, reports, and
36programs; repealing s. 213.0452, F.S., relating to certain
37required reporting by the Department of Revenue; repealing
38s. 213.054, F.S., relating to an annual report concerning
39persons claiming certain tax exemptions or deductions;
40amending ss. 215.5601 and 215.70, F.S.; revising and
41deleting provisions relating to specified obsolete and
42outdated plans, reports, and programs; amending s.
43253.7825, F.S.; deleting provisions relating to a
44conceptual recreational plan for the Cross Florida
45Greenways State Recreation and Conservation Area;
46repealing s. 253.7826, F.S., relating to certain canal
47structures; repealing s. 253.7829, F.S., relating to
48management plan for retention or disposition of former
49Cross Florida Barge Canal lands; amending s. 259.037,
50F.S.; revising provisions relating to a report by the Land
51Management Uniform Accounting Council; repealing s.
52265.56, F.S., relating to an annual report by the
53Department of State concerning certain indemnity claims;
54amending s. 267.074, F.S.; deleting requirements for a
55specified plan relating to historical markers; amending
56ss. 282.102, 284.50, 287.045, 287.16, and 288.108, F.S.;
57revising and deleting provisions relating to specified
58obsolete and outdated plans, reports, and programs;
59amending ss. 288.1226, 288.1229, 288.7015, 288.853,
60288.95155, 288.9604, 288.9610, 292.04, and 292.05, F.S.;
61revising and deleting provisions relating to specified
62obsolete and outdated plans, reports, and programs;
63repealing s. 296.16, F.S., relating to reports concerning
64the Veterans' Domiciliary Home of Florida; repealing s.
65296.39, F.S., relating to reports concerning veterans
66nursing homes; amending ss. 315.03, 319.324, 322.181,
67322.251, 365.171, 365.172, 365.173, 366.82, 369.22,
68370.26, 372.5712, and 372.5715, F.S.; revising and
69deleting provisions relating to specified obsolete and
70outdated plans, reports, and programs; repealing s.
71372.673, F.S., relating to the Florida Panther Technical
72Advisory Council; repealing s. 372.674, F.S., relating to
73the Advisory Council on Environmental Education; amending
74s. 372.672, F.S.; conforming to the repeal of s. 372.674,
75F.S.; amending ss. 373.0391, 373.046, 373.1963, and
76376.121, F.S.; revising and deleting provisions relating
77to specified obsolete and outdated plans, reports, and
78programs; repealing s. 376.17, F.S., relating to reports
79concerning operation of a specified pollution control
80program; amending ss. 376.30713, 377.703, and 380.0677,
81F.S.; revising and deleting provisions relating to
82specified obsolete and outdated plans, reports, and
83programs; amending ss. 259.041 and 259.101, F.S.;
84correcting cross references; amending s. 381.0011, F.S.;
85deleting specified requirements for a Department of Health
86strategic plan; repealing s. 381.0036, F.S., relating to
87planning for implementation of educational requirements
88concerning HIV and AIDS for specified professional
89licensure applicants; amending ss. 381.732 and 381.733,
90F.S.; conforming cross references; amending ss. 381.795,
91381.90, 381.931, and 383.19, F.S.; revising and deleting
92provisions relating to specified obsolete and outdated
93plans, reports, and programs; repealing s. 383.21, F.S.,
94relating to review of certain perinatal intensive care
95programs; amending ss. 383.2161, 384.25, 394.4573,
96394.4985, and 394.75, F.S.; revising and deleting
97provisions relating to specified obsolete and outdated
98plans, reports, and programs; repealing s. 394.82, F.S.,
99relating to expanded funding of certain services; amending
100s. 394.655, F.S.; conforming provisions to the repeal of
101s. 394.82, F.S.; amending s. 394.9082, F.S.; revising
102provisions relating to behavioral health service
103strategies; repealing s. 394.9083, F.S., relating to the
104Behavioral Health Services Integration Workgroup; amending
105ss. 395.807, 397.321, 397.333, 397.94, 400.0067, 400.0075,
106400.0089, 400.407, 400.419, 400.441, 400.967, 402.3016,
107402.40, 402.73, 403.067, and 403.4131, F.S.; revising and
108deleting provisions relating to specified obsolete and
109outdated plans, reports, and programs; repealing s.
110403.756, F.S., relating to a report concerning oil
111recycling; amending ss. 403.7226 and 403.7265, F.S.;
112revising and deleting provisions relating to specified
113obsolete and outdated plans, reports, and programs;
114amending s. 403.7264, F.S.; conforming a cross reference;
115amending ss. 403.7895, 406.02, 408.033, 408.914, and
116408.915, F.S.; revising and deleting provisions relating
117to specified obsolete and outdated plans, reports, and
118programs; repealing s. 408.917, F.S., relating to
119evaluation of a health care eligibility pilot project;
120amending s. 409.1451, F.S.; revising reporting
121requirements relating to independent living transition
122services; repealing s. 409.146, F.S., relating to a
123children and families client and management information
124system; repealing s. 409.152, F.S., relating to service
125integration and family preservation goals; amending ss.
126409.1679, 409.1685, 409.178, 409.221, 409.25575, 409.2558,
127409.2567, 409.441, 409.906, 409.9065, 409.91188, and
128409.912, F.S.; revising and deleting provisions relating
129to specified obsolete and outdated plans, reports, and
130programs; amending ss. 394.9082, 409.9065, 409.91196, and
131641.386, F.S.; conforming cross references; repealing s.
132410.0245, F.S., relating to a study of service needs;
133amending s. 410.604, F.S.; deleting a requirement for an
134evaluation and report concerning a specified community
135care for disabled adults program; repealing s. 411.221,
136F.S., relating to a prevention and early assistance
137strategic plan; amending ss. 411.01 and 411.232, F.S.;
138conforming provisions to the repeal of s. 411.221, F.S.;
139repealing s. 411.242, F.S., relating to the Florida
140Education Now and Babies Later (ENABL) program; amending
141ss. 413.402, 414.1251, 414.14, 414.36, 414.391, 415.1045,
142420.622, 420.623, 427.704, 427.706, 430.04, 430.502,
143445.003, 445.004, and 445.006, F.S.; revising and deleting
144provisions relating to specified obsolete and outdated
145plans, reports, and programs; conforming provisions to the
146repeal of s. 411.242, F.S.; amending ss. 445.022 and
147445.049, F.S.; revising and deleting provisions relating
148to specified obsolete and outdated plans, reports, and
149programs; repealing s. 446.27, F.S., relating to a youth-
150at-risk pilot program annual report; amending s. 446.50,
151F.S.; deleting provisions relating to initial submittal of
152the displaced homemaker program plan; repealing s.
153455.204, F.S., relating to long-range policy planning
154concerning professional regulation; amending ss. 455.2226,
155455.2228, 456.005, 456.025, 456.031, 456.033, 456.034, and
156517.302, F.S.; revising and deleting provisions relating
157to specified obsolete and outdated plans, reports, and
158programs; repealing s. 526.3135, F.S., relating to reports
159by the Division of Standards of the Department of
160Agriculture and Consumer Services; amending s. 531.415,
161F.S., relating to a required notice to the Legislature
162concerning certain weights and measures regulation fees;
163repealing s. 553.975, F.S., relating to a report
164concerning energy conservation standards; amending ss.
165570.0705, 570.0725, 570.235, 570.543, 570.952, 603.204,
166627.351, 627.64872, 744.7021, 744.708, 765.5215, 768.295,
167775.084, 790.22, 932.7055, 943.125, 943.68, 944.023,
168944.801, 945.35, 958.045, 960.045, 985.02, 985.08, and
169985.3045, F.S.; revising and deleting provisions relating
170to specified obsolete and outdated plans, reports, and
171programs; repealing s. 985.3046, F.S., relating to certain
172reports concerning agencies and entities providing
173prevention services; amending ss. 985.305 and 985.3155,
174F.S.; revising and deleting provisions relating to
175specified obsolete and outdated plans, reports, and
176programs; repealing s. 985.403, F.S., relating to a task
177force on juvenile sexual offenders and their victims;
178amending s. 985.412, F.S.; deleting a provision relating
179to submittal of a proposal concerning incentives for
180certain Department of Juvenile Justice providers; amending
181ss. 1003.492, 1003.61, and 1004.50, F.S.; revising and
182deleting provisions relating to specified obsolete and
183outdated plans, reports, and programs; repealing s.
1841006.0605, F.S., relating to reports concerning student
185summer nutrition programs; amending ss. 1007.27, 1009.70,
1861011.32, 1011.62, 1012.42, and 1013.03, F.S.; revising and
187deleting provisions relating to specified obsolete and
188outdated plans, reports, and programs; providing an
189effective date.
190
191Be It Enacted by the Legislature of the State of Florida:
192     Section 1.  Section 16.58, Florida Statutes, is repealed.
193     Section 2.  Subsection (1) and paragraph (c) of subsection
194(5) of section 20.19, Florida Statutes, are amended to read:
195     20.19  Department of Children and Family Services.--There
196is created a Department of Children and Family Services.
197     (1)  MISSION AND PURPOSE.--
198     (a)  The mission of the Department of Children and Family
199Services is to protect vulnerable children and adults,
200strengthen families, and support individuals and families in
201achieving personal and economic self-sufficiency work in
202partnership with local communities to ensure the safety, well-
203being, and self-sufficiency of the people served.
204     (b)  The department shall develop a strategic plan for
205fulfilling its mission and establish a set of measurable goals,
206objectives, performance standards, and quality assurance
207requirements to ensure that the department is accountable to the
208people of Florida.
209     (c)  To the extent allowed by law and within specific
210appropriations, the department shall deliver services by
211contract through private providers.
212     (5)  SERVICE DISTRICTS.--
213     (c)  Each fiscal year the secretary shall, in consultation
214with the relevant employee representatives, develop projections
215of the number of child abuse and neglect cases and shall include
216in the department's legislative budget request a specific
217appropriation for funds and positions for the next fiscal year
218in order to provide an adequate number of full-time equivalent:
219     1.  Child protection investigation workers so that
220caseloads do not exceed the Child Welfare League Standards by
221more than two cases; and
222     2.  Child protection case workers so that caseloads do not
223exceed the Child Welfare League Standards by more than two
224cases.
225     Section 3.  Paragraph (b) of subsection (6) of section
22620.315, Florida Statutes, is amended to read:
227     20.315  Department of Corrections.--There is created a
228Department of Corrections.
229     (6)  FLORIDA CORRECTIONS COMMISSION.--
230     (b)  The primary functions of the commission are to:
231     1.  Recommend major correctional policies for the
232Governor's approval, and assure that approved policies and any
233revisions thereto are properly executed.
234     2.  Periodically review the status of the state
235correctional system and recommend improvements therein to the
236Governor and the Legislature.
237     3.  Annually perform an in-depth review of community-based
238intermediate sanctions and recommend to the Governor and the
239Legislature intergovernmental approaches through the Community
240Corrections Partnership Act for planning and implementing such
241sanctions and programs.
242     4.  Perform an in-depth evaluation of the department's
243annual budget request of the Department of Corrections, long-
244range program plans and performance standards the comprehensive
245correctional master plan, and the tentative construction program
246for compliance with all applicable laws and established
247departmental policies. The commission may not consider
248individual construction projects, but shall consider methods of
249accomplishing the department's goals in the most effective,
250efficient, and businesslike manner.
251     5.  Routinely monitor the financial status of the
252department of Corrections to assure that the department is
253managing revenue and any applicable bond proceeds responsibly
254and in accordance with law and established policy.
255     6.  Evaluate, at least quarterly, the efficiency,
256productivity, and management of the department of Corrections,
257using performance and production standards developed by the
258department under former subsection (18).
259     7.  Provide public education on corrections and criminal
260justice issues.
261     8.  Report to the President of the Senate, the Speaker of
262the House of Representatives, and the Governor by November 1 of
263each year.
264     9.  Resolve disputes between the department of Corrections
265and the contractors for the private correctional facilities
266entered into under chapter 957 when a contractor proposes to
267waive a rule, policy, or procedure concerning operation
268standards.
269     Section 4.  Subsection (4) of section 20.316, Florida
270Statutes, is amended to read:
271     20.316  Department of Juvenile Justice.--There is created a
272Department of Juvenile Justice.
273     (4)  INFORMATION SYSTEMS.--
274     (a)  The Department of Juvenile Justice shall develop, in
275consultation with the Criminal and Juvenile Justice Information
276Systems Council under s. 943.08, a juvenile justice information
277system which shall provide information concerning the
278department's activities and programs.
279     (b)  In establishing the computing and network
280infrastructure for the development of the information system,
281the department shall develop a system design to set the
282direction for the information system. That design shall include
283not only department system requirements but also data exchange
284requirements of other state and local juvenile justice system
285organizations.
286     (c)  The department shall implement a distributed system
287architecture which shall be defined in its agency strategic
288plan.
289     (d)  The management information system shall, at a minimum:
290     1.  Facilitate case management of juveniles referred to or
291placed in the department's custody.
292     2.  Provide timely access to current data and computing
293capacity to support outcome evaluation, legislative oversight,
294the Juvenile Justice Estimating Conference, and other research.
295     3.  Provide automated support to the quality assurance and
296program review functions.
297     4.  Provide automated support to the contract management
298process.
299     5.  Provide automated support to the facility operations
300management process.
301     6.  Provide automated administrative support to increase
302efficiency, provide the capability of tracking expenditures of
303funds by the department or contracted service providers that are
304eligible for federal reimbursement, and reduce forms and
305paperwork.
306     7.  Facilitate connectivity, access, and utilization of
307information among various state agencies, and other state,
308federal, local, and private agencies, organizations, and
309institutions.
310     8.  Provide electronic public access to juvenile justice
311information, which is not otherwise made confidential by law or
312exempt from the provisions of s. 119.07(1).
313     9.  Provide a system for the training of information system
314users and user groups.
315     (e)  The department shall aggregate, on a quarterly and an
316annual basis, the program information, demographic, program
317utilization rate, and statistical data of the youth served into
318a descriptive report and shall disseminate the quarterly and
319annual reports to substantive committees of the House of
320Representatives and the Senate.
321     (f)  The department shall provide an annual report on the
322juvenile justice information system to the Criminal and Juvenile
323Justice Information Systems Council. The council shall review
324and forward the report, along with its comments, to the
325appropriate substantive and appropriations committees of the
326House of Representatives and the Senate delineating the
327development status of the system and other information necessary
328for funding policy formulation.
329     (g)  The department shall include in its annual budget
330request a comprehensive summary of costs involved in the
331establishment of the information system and cost savings
332associated with its implementation. The budget request must also
333include a complete inventory of staff, equipment, and facility
334resources for development and maintenance of the system.
335     Section 5.  Paragraph (l) of subsection (1) of section
33620.43, Florida Statutes, is amended to read:
337     20.43  Department of Health.--There is created a Department
338of Health.
339     (1)  The purpose of the Department of Health is to promote
340and protect the health of all residents and visitors in the
341state through organized state and community efforts, including
342cooperative agreements with counties. The department shall:
343     (l)  Include in the department's long-range program
344strategic plan developed under s. 186.021 an assessment of
345current health programs, systems, and costs; projections of
346future problems and opportunities; and recommended changes that
347are needed in the health care system to improve the public
348health.
349     Section 6.  Subsections (7) and (8) of section 39.001,
350Florida Statutes, are amended to read:
351     39.001  Purposes and intent; personnel standards and
352screening.--
353     (7)  PLAN FOR COMPREHENSIVE APPROACH.--
354     (a)  The department shall develop a comprehensive state
355plan for the prevention of abuse, abandonment, and neglect of
356children and shall submit the plan to the Speaker of the House
357of Representatives, the President of the Senate, and the
358Governor no later than June 30, 2006 January 1, 1983.
359     1.  The departments Department of Education, and the
360Division of Children's Medical Services Prevention and
361Intervention of the Department of Health, Law Enforcement, and
362Juvenile Justice, along with the Agency for Workforce Innovation
363and the Agency for Persons with Disabilities, shall participate
364and fully cooperate in the development of the state plan at both
365the state and local levels. National-level and state-level
366advocacy groups, especially as identified in federal prevention
367initiatives or requirements, shall also be provided an
368opportunity to participate.
369     2.  Furthermore, Appropriate local agencies and
370organizations shall be provided an opportunity to participate at
371the local level in the development of the state plan at the
372local level. Appropriate local groups and organizations shall
373include, but not be limited to, community alliances as described
374in s. 20.19; community-based care lead agencies as described in
375s. 409.1671; community mental health centers; guardian ad litem
376programs for children and other court system entities under the
377circuit court; the school boards of the local school districts;
378the Florida local advocacy councils; private or public
379organizations or programs with recognized expertise in working
380with children who are sexually abused, physically abused,
381emotionally abused, abandoned, or neglected and with expertise
382in working with the families of such children; private or public
383programs or organizations with expertise in maternal and infant
384health care; multidisciplinary child protection teams; child day
385care centers; and law enforcement agencies, and the circuit
386courts, when guardian ad litem programs are not available in the
387local area. The state plan to be provided to the Legislature and
388the Governor shall include, as a minimum, the information
389required of the various groups in paragraph (b).
390     (b)  The development of the comprehensive state plan shall
391be accomplished in the following manner:
392     1.  The department shall establish an interprogram task
393force comprised of a designee from each of the department's
394programs as listed in s. 20.19. Representatives from the
395agencies listed in subparagraph (a)1. the Program Director for
396Family Safety, or a designee, a representative from the Child
397Care Services Program Office, a representative from the Family
398Safety Program Office, a representative from the Mental Health
399Program Office, a representative from the Substance Abuse
400Program Office, a representative from the Developmental
401Disabilities Program Office, and a representative from the
402Division of Children's Medical Services Prevention and
403Intervention of the Department of Health. Representatives of the
404Department of Law Enforcement and of the Department of Education
405shall serve as ex officio members of the interprogram task
406force. The interprogram task force shall be responsible for:
407     1.a.  Developing a plan of action for better coordination
408and integration of the goals, activities, and funding pertaining
409to the prevention of child abuse, abandonment, and neglect
410conducted by the department in order to maximize staff and
411resources at the state level. The plan of action shall be
412included in the state plan.
413     2.b.  Providing a schedule and basic format for to be
414utilized by the districts in the preparation of local plans of
415action in order to provide for uniformity in the development of
416local district plans and to provide for greater ease in
417compiling information for the state plan.
418     3.c.  Providing the districts with technical assistance in
419the development of local plans of action, if requested.
420     4.d.  Examining the local plans to determine if all the
421requirements of the local plans have been met and, if they have
422not, working with local entities to obtain the needed
423information informing the districts of the deficiencies and
424requesting the additional information needed.
425     5.e.  Preparing the comprehensive state plan for submission
426to the Legislature and the Governor. Such preparation shall
427include the collapsing of information obtained from the local
428plans, the cooperative plans with the Department of Education,
429and the plan of action for coordination and integration of
430departmental activities into one comprehensive plan. The
431comprehensive plan shall include a section reflecting general
432conditions and needs, an analysis of variations based on
433population or geographic areas, identified problems, and
434recommendations for change. In essence, the plan shall provide
435an analysis and summary of each element of the local plans to
436provide a statewide perspective. The plan shall also include
437each separate local plan of action.
438     6.f.  Working with the appropriate specified state agency
439in fulfilling the requirements of paragraphs (d), (e), and (f)
440subparagraphs 2., 3., 4., and 5.
441     (c)  The comprehensive state plan shall contain the
442following elements:
443     1.  A section reflecting general conditions and needs.
444     2.  An analysis of variations based on population or
445geographic areas.
446     3.  Performance expectations and gaps.
447     4.  Recommendations for performance improvement.
448     5.  Resource and funding strategies related to unmet needs.
449     6.  A summary or crosswalk of the planning and performance
450requirements from relevant federal funding sources for the
451prevention of child abuse and neglect.
452     7.  Each separate plan identified in paragraphs (d), (e),
453and (f).
454     2.  The department, the Department of Education, and the
455Department of Health shall work together in developing ways to
456inform and instruct parents of school children and appropriate
457district school personnel in all school districts in the
458detection of child abuse, abandonment, and neglect and in the
459proper action that should be taken in a suspected case of child
460abuse, abandonment, or neglect, and in caring for a child's
461needs after a report is made. The plan for accomplishing this
462end shall be included in the state plan.
463     (d)3.  The department, and appropriate task members the
464Department of Law Enforcement, and the Department of Health
465shall work together in developing a plan for informing and
466instructing ways to inform and instruct appropriate
467professionals local law enforcement personnel in the detection
468of child abuse, abandonment, and neglect; and in the proper
469actions action that should be taken in a suspected case of child
470abuse, abandonment, or neglect; and in supporting subsequent
471action by the department or other responsible party for child
472protection. Appropriate professionals include, but are not
473limited to, the reporters listed in s. 39.201(1)(b).
474     (e)4.  Within existing appropriations, The department shall
475work with other appropriate public and private agencies to
476develop a plan for educating emphasize efforts to educate the
477general public about the problem of and ways to detect child
478abuse, abandonment, and neglect and in the proper action that
479should be taken in a suspected case of child abuse, abandonment,
480or neglect. The plan for accomplishing this end shall be
481included in the state plan.
482     5.  The department, the Department of Education, and the
483Department of Health shall work together on the enhancement or
484adaptation of curriculum materials to assist instructional
485personnel in providing instruction through a multidisciplinary
486approach on the identification, intervention, and prevention of
487child abuse, abandonment, and neglect. The curriculum materials
488shall be geared toward a sequential program of instruction at
489the four progressional levels, K-3, 4-6, 7-9, and 10-12.
490Strategies for encouraging all school districts to utilize the
491curriculum are to be included in the comprehensive state plan
492for the prevention of child abuse, abandonment, and neglect.
493     (f)6.  Each district of The department shall facilitate the
494development of local plans develop a plan for their local its
495specific geographical area. Plans The plan developed at the
496local district level shall be used by submitted to the
497interprogram task force for utilization in preparing the state
498comprehensive plan. The district local plan of action shall be
499prepared with the involvement and assistance of the local
500agencies and organizations listed in paragraph (a), as well as
501representatives from those departmental district offices
502participating in the treatment and prevention of child abuse,
503abandonment, and neglect. In order to accomplish this, the
504district administrator in each district shall establish a task
505force on the prevention of child abuse, abandonment, and
506neglect. The district administrator shall appoint the members of
507the task force in accordance with the membership requirements of
508this section. In addition, the district administrator shall
509ensure that each subdistrict is represented on the task force;
510and, if the district does not have subdistricts, the district
511administrator shall ensure that both urban and rural areas are
512represented on the task force. The task force shall develop a
513written statement clearly identifying its operating procedures,
514purpose, overall responsibilities, and method of meeting
515responsibilities.
516     (g)  Each local plan The district plan of action to be
517prepared by the task force shall include, but shall not be
518limited to:
519     1.a.  Documentation of the incidence magnitude of the
520problems of child abuse, including sexual abuse, physical abuse,
521and emotional abuse, and child abandonment, and neglect in its
522geographical area. Documentation shall include, at a minimum, a
523summary of information derived from the department's official
524data source, HomeSafeNet.
525     2.b.  A description of programs and services currently
526serving abused, abandoned, and neglected children and their
527families and a description of programs for the prevention of
528child abuse, abandonment, and neglect, including information on
529the impact, cost-effectiveness, and sources of funding of such
530programs and services.
531     3.c.  A description of local models for a continuum of
532programs and services necessary for a comprehensive approach to
533the prevention of all types of child abuse, abandonment, and
534neglect as well as a brief description of such programs and
535services.
536     4.d.  A description, documentation, and priority ranking of
537local unmet needs related to child abuse, abandonment, and
538neglect prevention based upon the current programs and a model
539continuum of programs and services.
540     5.e.  A plan for steps to be taken in meeting identified
541needs, including the coordination and integration of services to
542avoid unnecessary duplication and cost, and for alternative
543funding strategies for meeting needs through the reallocation of
544existing resources, utilization of volunteers, contracting with
545local universities for services, and local government or private
546agency funding.
547     6.f.  A description of barriers to the accomplishment of a
548comprehensive approach to the prevention of child abuse,
549abandonment, and neglect.
550     7.g.  Recommendations for actions changes that can be
551accomplished only at the state program level or by legislative
552action.
553     (8)  FUNDING AND SUBSEQUENT PLANS.--
554     (a)  The department's long-range program plans and
555legislative budget requests All budget requests submitted by the
556department, the Department of Health, the Department of
557Education, or any other agency to the Legislature for funding of
558efforts for the prevention of child abuse, abandonment, and
559neglect shall be based on and consistent with the most recent
560state comprehensive plan and updates developed pursuant to this
561section.
562     (b)  The department at the state and district levels and
563the other agencies listed in paragraph (7)(a) shall review and
564update the plan annually readdress the plan and make necessary
565revisions every 5 years, at a minimum. Such updates revisions
566shall be submitted to the Governor, the Speaker of the House of
567Representatives, and the President of the Senate no later than
568June 30 of each year divisible by 5. Annual review and updates
569shall include progress and performance reporting An annual
570progress report shall be submitted to update the plan in the
571years between the 5-year intervals. In order to avoid
572duplication of effort, these required plans may be made a part
573of or merged with other plans required by either the state or
574Federal Government, so long as the portions of the other state
575or Federal Government plan that constitute the state plan for
576the prevention of child abuse, abandonment, and neglect are
577clearly identified as such and are provided to the Speaker of
578the House of Representatives and the President of the Senate as
579required above.
580     Section 7.  Subsection (3) of section 39.3065, Florida
581Statutes, is amended to read:
582     39.3065  Sheriffs of certain counties to provide child
583protective investigative services; procedures; funding.--
584     (3)(a)  Beginning in fiscal year 1999-2000, the sheriffs of
585Pasco County, Manatee County, Broward County, and Pinellas
586County have the responsibility to provide all child protective
587investigations in their respective counties. Beginning in fiscal
588year 2000-2001, the Department of Children and Family Services
589is authorized to enter into grant agreements with sheriffs of
590other counties to perform child protective investigations in
591their respective counties.
592     (b)  The sheriffs shall operate, at a minimum, in
593accordance with the performance standards and outcome measures
594established by the Legislature for protective investigations
595conducted by the Department of Children and Family Services.
596Each individual who provides these services must complete, at a
597minimum, the training provided to and required of protective
598investigators employed by the Department of Children and Family
599Services.
600     (c)  Funds for providing child protective investigations
601must be identified in the annual appropriation made to the
602Department of Children and Family Services, which shall award
603grants for the full amount identified to the respective
604sheriffs' offices. Notwithstanding the provisions of ss.
605216.181(16)(b) and 216.351, the Department of Children and
606Family Services may advance payments to the sheriffs for child
607protective investigations. Funds for the child protective
608investigations may not be integrated into the sheriffs' regular
609budgets. Budgetary data and other data relating to the
610performance of child protective investigations must be
611maintained separately from all other records of the sheriffs'
612offices and reported to the Department of Children and Family
613Services as specified in the grant agreement.
614     (d)  Program performance evaluation shall be based on
615criteria mutually agreed upon by the respective sheriffs and the
616Department of Children and Family Services. The program
617performance evaluation shall be conducted by a team of peer
618reviewers from the respective sheriffs' offices that perform
619child protective investigations and representatives from the
620department. The Department of Children and Family Services shall
621submit an annual report regarding quality performance, outcome-
622measure attainment, and cost efficiency to the President of the
623Senate, the Speaker of the House of Representatives, and to the
624Governor no later than January 31 of each year the sheriffs are
625receiving general appropriations to provide child protective
626investigations.
627     Section 8.  Section 39.4086, Florida Statutes, is repealed.
628     Section 9.  Subsection (5) of section 39.523, Florida
629Statutes, is amended to read:
630     39.523  Placement in residential group care.--
631     (5)(a)  By December 1 of each year, the department shall
632report to the Legislature on the placement of children in
633licensed residential group care during the year, including the
634criteria used to determine the placement of children, the number
635of children who were evaluated for placement, the number of
636children who were placed based upon the evaluation, and the
637number of children who were not placed. The department shall
638maintain data specifying the number of children who were
639referred to licensed residential child care for whom placement
640was unavailable and the counties in which such placement was
641unavailable. The department shall include this data in its
642report to the Legislature due on December 1, so that the
643Legislature may consider this information in developing the
644General Appropriations Act.
645     (b)  As part of the report required in paragraph (a), the
646department shall also provide a detailed account of the
647expenditures incurred for "Special Categories: Grants and
648Aids--Specialized Residential Group Care Services" for the
649fiscal year immediately preceding the date of the report. This
650section of the report must include whatever supporting data is
651necessary to demonstrate full compliance with paragraph (6)(c).
652The document must present the information by district and must
653specify, at a minimum, the number of additional beds, the
654average rate per bed, the number of additional persons served,
655and a description of the enhanced and expanded services
656provided.
657     Section 10.  Subsections (1) and (3) of section 98.255,
658Florida Statutes, are amended to read:
659     98.255  Voter education programs.--
660     (1)  By March 1, 2002, The Department of State shall adopt
661rules prescribing minimum standards for nonpartisan voter
662education. In developing the rules, the department shall review
663current voter education programs within each county of the
664state. The standards shall address, but are not limited to, the
665following subjects:
666     (a)  Voter registration;
667     (b)  Balloting procedures, absentee and polling place;
668     (c)  Voter rights and responsibilities;
669     (d)  Distribution of sample ballots; and
670     (e)  Public service announcements.
671     (3)(a)  By December 15 of each general election year, each
672supervisor of elections shall report to the Department of State
673a detailed description of the voter education programs
674implemented and any other information that may be useful in
675evaluating the effectiveness of voter education efforts.
676     (b)  The Department of State, upon receipt of such
677information, shall prepare a public report on the effectiveness
678of voter education programs and shall submit the report to the
679Governor, the President of the Senate, and the Speaker of the
680House of Representatives by January 31 of each year following a
681general election.
682     (c)  The Department of State shall reexamine the rules
683adopted pursuant to subsection (1) and consider the findings in
684these reports the report as a basis for adopting modified rules
685that incorporate successful voter education programs and
686techniques, as necessary.
687     Section 11.  Subsection (2) of section 120.695, Florida
688Statutes, is amended to read:
689     120.695  Notice of noncompliance.--
690     (2)(a)  Each agency shall issue a notice of noncompliance
691as a first response to a minor violation of a rule. A "notice of
692noncompliance" is a notification by the agency charged with
693enforcing the rule issued to the person or business subject to
694the rule. A notice of noncompliance may not be accompanied with
695a fine or other disciplinary penalty. It must identify the
696specific rule that is being violated, provide information on how
697to comply with the rule, and specify a reasonable time for the
698violator to comply with the rule. A rule is agency action that
699regulates a business, occupation, or profession, or regulates a
700person operating a business, occupation, or profession, and
701that, if not complied with, may result in a disciplinary
702penalty.
703     (a)(b)  Each agency shall review all of its rules and
704designate those rules for which a violation would be a minor
705violation and for which a notice of noncompliance must be the
706first enforcement action taken against a person or business
707subject to regulation. A violation of a rule is a minor
708violation if it does not result in economic or physical harm to
709a person or adversely affect the public health, safety, or
710welfare or create a significant threat of such harm. If an
711agency under the direction of a cabinet officer mails to each
712licensee a notice of the designated rules at the time of
713licensure and at least annually thereafter, the provisions of
714this subsection paragraph (a) may be exercised at the discretion
715of the agency. Such notice shall include a subject-matter index
716of the rules and information on how the rules may be obtained.
717     (c)  The agency's review and designation must be completed
718by December 1, 1995; each agency under the direction of the
719Governor shall make a report to the Governor, and each agency
720under the joint direction of the Governor and Cabinet shall
721report to the Governor and Cabinet by January 1, 1996, on which
722of its rules have been designated as rules the violation of
723which would be a minor violation.
724     (b)(d)  The Governor or the Governor and Cabinet, as
725appropriate pursuant to paragraph (c), may evaluate the rule
726review and designation effects of each agency and may apply a
727different designation than that applied by the agency.
728     (3)(e)  This section does not apply to the regulation of
729law enforcement personnel or teachers.
730     (4)(f)  Rule designation pursuant to this section is not
731subject to challenge under this chapter.
732     Section 12.  Subsections (3), (5), (9), (11), and (16),
733paragraphs (b) and (d) of subsection (6), paragraphs (a) and (b)
734of subsection (12), and paragraphs (a) and (b) of subsection
735(13) of section 161.053, Florida Statutes, are amended to read:
736     161.053  Coastal construction and excavation; regulation on
737county basis.--
738     (3)  It is the intent of the Legislature that any coastal
739construction control line that has not been updated since June
74030, 1980, shall be considered a critical priority for
741reestablishment by the department. In keeping with this intent,
742the department shall notify the Legislature if all such lines
743cannot be reestablished by December 31, 1997, so that the
744Legislature may subsequently consider interim lines of
745jurisdiction for the remaining counties.
746     (4)(5)  Except in those areas where local zoning and
747building codes have been established pursuant to subsection
748(3)(4), a permit to alter, excavate, or construct on property
749seaward of established coastal construction control lines may be
750granted by the department as follows:
751     (a)  The department may authorize an excavation or erection
752of a structure at any coastal location as described in
753subsection (1) upon receipt of an application from a property
754and/or riparian owner and upon the consideration of facts and
755circumstances, including:
756     1.  Adequate engineering data concerning shoreline
757stability and storm tides related to shoreline topography;
758     2.  Design features of the proposed structures or
759activities; and
760     3.  Potential impacts of the location of such structures or
761activities, including potential cumulative effects of any
762proposed structures or activities upon such beach-dune system,
763which, in the opinion of the department, clearly justify such a
764permit.
765     (b)  If in the immediate contiguous or adjacent area a
766number of existing structures have established a reasonably
767continuous and uniform construction line closer to the line of
768mean high water than the foregoing, and if the existing
769structures have not been unduly affected by erosion, a proposed
770structure may, at the discretion of the department, be permitted
771along such line on written authorization from the department if
772such structure is also approved by the department. However, the
773department shall not contravene setback requirements or zoning
774or building codes established by a county or municipality which
775are equal to, or more strict than, those requirements provided
776herein. This paragraph does not prohibit the department from
777requiring structures to meet design and siting criteria
778established in paragraph (a) or in subsection (1) or subsection
779(2).
780     (c)  The department may condition the nature, timing, and
781sequence of construction of permitted activities to provide
782protection to nesting sea turtles and hatchlings and their
783habitat, pursuant to s. 370.12, and to native salt-resistant
784vegetation and endangered plant communities.
785     (d)  The department may require such engineer
786certifications as necessary to assure the adequacy of the design
787and construction of permitted projects.
788     (e)  The department shall limit the construction of
789structures which interfere with public access along the beach.
790However, the department may require, as a condition to granting
791permits, the provision of alternative access when interference
792with public access along the beach is unavoidable. The width of
793such alternate access may not be required to exceed the width of
794the access that will be obstructed as a result of the permit
795being granted.
796     (f)  The department may, as a condition to the granting of
797a permit under this section, require mitigation, financial, or
798other assurances acceptable to the department as may be
799necessary to assure performance of conditions of a permit or
800enter into contractual agreements to best assure compliance with
801any permit conditions. The department may also require notice of
802the permit conditions required and the contractual agreements
803entered into pursuant to the provisions of this subsection to be
804filed in the public records of the county in which the permitted
805activity is located.
806     (5)(6)
807     (b)  After October 1, 1985, and notwithstanding any other
808provision of this part, the department, or a local government to
809which the department has delegated permitting authority pursuant
810to subsections (3)(4) and (15)(16), shall not issue any permit
811for any structure, other than a coastal or shore protection
812structure, minor structure, or pier, meeting the requirements of
813this part, or other than intake and discharge structures for a
814facility sited pursuant to part II of chapter 403, which is
815proposed for a location which, based on the department's
816projections of erosion in the area, will be seaward of the
817seasonal high-water line within 30 years after the date of
818application for such permit. The procedures for determining such
819erosion shall be established by rule. In determining the area
820which will be seaward of the seasonal high-water line in 30
821years, the department shall not include any areas landward of a
822coastal construction control line.
823     (d)  In determining the land areas which will be below the
824seasonal high-water line within 30 years after the permit
825application date, the department shall consider the impact on
826the erosion rates of an existing beach nourishment or
827restoration project or of a beach nourishment or restoration
828project for which all funding arrangements have been made and
829all permits have been issued at the time the application is
830submitted. The department shall consider each year there is sand
831seaward of the erosion control line that no erosion took place
832that year. However, the seaward extent of the beach nourishment
833or restoration project beyond the erosion control line shall not
834be considered in determining the applicable erosion rates.
835Nothing in this subsection shall prohibit the department from
836requiring structures to meet criteria established in subsection
837(1), subsection (2), or subsection (4)(5) or to be further
838landward than required by this subsection based on the criteria
839established in subsection (1), subsection (2), or subsection
840(4)(5).
841     (8)(9)  The provisions of this section do not apply to
842structures intended for shore protection purposes which are
843regulated by s. 161.041 or to structures existing or under
844construction prior to the establishment of the coastal
845construction control line as provided herein, provided such
846structures may not be materially altered except as provided in
847subsection (4)(5). Except for structures that have been
848materially altered, structures determined to be under
849construction at the time of the establishment or reestablishment
850of the coastal construction control line shall be exempt from
851the provisions of this section. However, unless such an
852exemption has been judicially confirmed to exist prior to April
85310, 1992, the exemption shall last only for a period of 3 years
854from either the date of the determination of the exemption or
855April 10, 1992, whichever occurs later. The department may
856extend the exemption period for structures that require longer
857periods for completion of their construction, provided that
858construction during the initial exemption period has been
859continuous. For purposes of this subsection, "continuous" means
860following a reasonable sequence of construction without
861significant or unreasonable periods of work stoppage.
862     (10)(11)  Pending the establishment of coastal construction
863control lines as provided herein, the provisions of s. 161.052
864shall remain in force. However, upon the establishment of
865coastal construction control lines, or the establishment of
866coastal construction zoning and building codes as provided in
867subsection (3)(4), the provisions of s. 161.052 shall be
868superseded by the provisions of this section.
869     (11)(12)(a)  The coastal construction control requirements
870defined in subsection (1) and the requirements of the erosion
871projections pursuant to subsection (5)(6) do not apply to any
872modification, maintenance, or repair to any existing structure
873within the limits of the existing foundation which does not
874require, involve, or include any additions to, or repair or
875modification of, the existing foundation of that structure.
876Specifically excluded from this exemption are seawalls or other
877rigid coastal or shore protection structures and any additions
878or enclosures added, constructed, or installed below the first
879dwelling floor or lowest deck of the existing structure.
880     (b)  Activities seaward of the coastal construction control
881line which are determined by the department not to cause a
882measurable interference with the natural functioning of the
883coastal system are exempt from the requirements in subsection
884(4)(5).
885     (12)(13)(a)  Notwithstanding the coastal construction
886control requirements defined in subsection (1) or the erosion
887projection determined pursuant to subsection (5)(6), the
888department may, at its discretion, issue a permit for the repair
889or rebuilding within the confines of the original foundation of
890a major structure pursuant to the provisions of subsection
891(4)(5). Alternatively, the department may also, at its
892discretion, issue a permit for a more landward relocation or
893rebuilding of a damaged or existing structure if such relocation
894or rebuilding would not cause further harm to the beach-dune
895system, and if, in the case of rebuilding, such rebuilding
896complies with the provisions of subsection (4)(5), and otherwise
897complies with the provisions of this subsection.
898     (b)  Under no circumstances shall the department permit
899such repairs or rebuilding that expand the capacity of the
900original structure seaward of the 30-year erosion projection
901established pursuant to subsection (5)(6).
902     (15)(16)  In keeping with the intent of subsection (3)(4),
903and at the discretion of the department, authority for
904permitting certain types of activities which have been defined
905by the department may be delegated by the department to a
906coastal county or coastal municipality. Such partial delegation
907shall be narrowly construed to those particular activities
908specifically named in the delegation and agreed to by the
909affected county or municipality, and the delegation may be
910revoked by the department at any time if it is determined that
911the delegation is improperly or inadequately administered.
912     Section 13.  Paragraph (g) of subsection (1) of section
913370.12, Florida Statutes, is amended to read:
914     370.12  Marine animals; regulation.--
915     (1)  PROTECTION OF MARINE TURTLES.--
916     (g)  The Department of Environmental Protection may
917condition the nature, timing, and sequence of construction of
918permitted activities to provide protection to nesting marine
919turtles and hatchlings and their habitat pursuant to the
920provisions of s. 161.053(4)(5). When the department is
921considering a permit for a beach restoration, beach
922renourishment, or inlet sand transfer project and the applicant
923has had an active marine turtle nest relocation program or the
924applicant has agreed to and has the ability to administer a
925program, the department must not restrict the timing of the
926project. Where appropriate, the department, in accordance with
927the applicable rules of the Fish and Wildlife Conservation
928Commission, shall require as a condition of the permit that the
929applicant relocate and monitor all turtle nests that would be
930affected by the beach restoration, beach renourishment, or sand
931transfer activities. Such relocation and monitoring activities
932shall be conducted in a manner that ensures successful hatching.
933This limitation on the department's authority applies only on
934the Atlantic coast of Florida.
935     Section 14.  Subsection (2) of section 161.161, Florida
936Statutes, is amended to read:
937     161.161  Procedure for approval of projects.--
938     (2)  Annually Upon approval of the beach management plan,
939the secretary shall present to the President of the Senate, the
940Speaker of the House of Representatives, and the chairs of the
941legislative appropriations committees recommendations for
942funding of beach erosion control projects prioritized according
943to the. Such recommendations shall be presented to such members
944of the Legislature in the priority order specified in the plan
945and established pursuant to criteria established contained in s.
946161.101(14).
947     Section 15.  Section 163.2526, Florida Statutes, is
948repealed.
949     Section 16.  Subsection (2) of section 163.3167, Florida
950Statutes, is amended to read:
951     163.3167  Scope of act.--
952     (2)  Each local government shall prepare a comprehensive
953plan of the type and in the manner set out in this act or shall
954prepare amendments to its existing comprehensive plan to conform
955it to the requirements of this part in the manner set out in
956this part. Each local government, in accordance with the
957procedures in s. 163.3184, shall submit its complete proposed
958comprehensive plan or its complete comprehensive plan as
959proposed to be amended to the state land planning agency. by the
960date specified in the rule adopted by the state land planning
961agency pursuant to this subsection. The state land planning
962agency shall, prior to October 1, 1987, adopt a schedule of
963local governments required to submit complete proposed
964comprehensive plans or comprehensive plans as proposed to be
965amended. Such schedule shall specify the exact date of
966submission for each local government, shall establish equal,
967staggered submission dates, and shall be consistent with the
968following time periods:
969     (a)  Beginning on July 1, 1988, and on or before July 1,
9701990, each county that is required to include a coastal
971management element in its comprehensive plan and each
972municipality in such a county; and
973     (b)  Beginning on July 1, 1989, and on or before July 1,
9741991, all other counties or municipalities.
975
976Nothing herein shall preclude the state land planning agency
977from permitting by rule a county together with each municipality
978in the county from submitting a proposed comprehensive plan
979earlier than the dates established in paragraphs (a) and (b).
980Any county or municipality that fails to meet the schedule set
981for submission of its proposed comprehensive plan by more than
98290 days shall be subject to the sanctions described in s.
983163.3184(11)(a) imposed by the Administration Commission.
984Notwithstanding the time periods established in this subsection,
985the state land planning agency may establish later deadlines for
986the submission of proposed comprehensive plans or comprehensive
987plans as proposed to be amended for a county or municipality
988which has all or a part of a designated area of critical state
989concern within its boundaries; however, such deadlines shall not
990be extended to a date later than July 1, 1991, or the time of
991de-designation, whichever is earlier.
992     Section 17.  Paragraph (h) of subsection (6) and paragraph
993(k) of subsection (10) of section 163.3177, Florida Statutes,
994are amended to read:
995     163.3177  Required and optional elements of comprehensive
996plan; studies and surveys.--
997     (6)  In addition to the requirements of subsections
998(1)-(5), the comprehensive plan shall include the following
999elements:
1000     (h)1.  An intergovernmental coordination element showing
1001relationships and stating principles and guidelines to be used
1002in coordinating the accomplishment of coordination of the
1003adopted comprehensive plan with the plans of school boards and
1004other units of local government providing services but not
1005having regulatory authority over the use of land, with the
1006comprehensive plans of adjacent municipalities, the county,
1007adjacent counties, or the region, with the state comprehensive
1008plan and with the applicable regional water supply plan approved
1009pursuant to s. 373.0361, as the case may require and as such
1010adopted plans or plans in preparation may exist. This element of
1011the local comprehensive plan shall consider demonstrate
1012consideration of the particular effects of the local plan, when
1013adopted, upon the development of adjacent municipalities, the
1014county, adjacent counties, or the region, or upon the state
1015comprehensive plan, as the case may require.
1016     a.  The intergovernmental coordination element shall
1017provide for procedures for identifying and implementing to
1018identify and implement joint planning areas, especially for the
1019purpose of annexation, municipal incorporation, and joint
1020infrastructure service areas.
1021     b.  The intergovernmental coordination element shall
1022provide for recognition of campus master plans prepared pursuant
1023to s. 1013.30.
1024     c.  The intergovernmental coordination element may provide
1025for a voluntary dispute resolution process as established
1026pursuant to s. 186.509 for bringing to closure in a timely
1027manner intergovernmental disputes. A local government may
1028develop and use an alternative local dispute resolution process
1029for this purpose.
1030     2.  The intergovernmental coordination element shall
1031further state principles and guidelines to be used in
1032coordinating the accomplishment of coordination of the adopted
1033comprehensive plan with the plans of school boards and other
1034units of local government providing facilities and services but
1035not having regulatory authority over the use of land. In
1036addition, the intergovernmental coordination element shall
1037describe joint processes for collaborative planning and
1038decisionmaking on population projections and public school
1039siting, the location and extension of public facilities subject
1040to concurrency, and siting facilities with countywide
1041significance, including locally unwanted land uses whose nature
1042and identity are established in an agreement. Within 1 year of
1043adopting their intergovernmental coordination elements, each
1044county, all the municipalities within that county, the district
1045school board, and any unit of local government service providers
1046in that county shall establish by interlocal or other formal
1047agreement executed by all affected entities, the joint processes
1048described in this subparagraph consistent with their adopted
1049intergovernmental coordination elements.
1050     3.  To foster coordination between special districts and
1051local general-purpose governments as local general-purpose
1052governments implement local comprehensive plans, each
1053independent special district must submit a public facilities
1054report to the appropriate local government as required by s.
1055189.415.
1056     4.a.  Local governments adopting a public educational
1057facilities element pursuant to s. 163.31776 must execute an
1058interlocal agreement with the district school board, the county,
1059and nonexempt municipalities, as defined by s. 163.31776(1),
1060which includes the items listed in s. 163.31777(2). The local
1061government shall amend the intergovernmental coordination
1062element to provide that coordination between the local
1063government and school board is pursuant to the agreement and
1064shall state the obligations of the local government under the
1065agreement.
1066     b.  Plan amendments that comply with this subparagraph are
1067exempt from the provisions of s. 163.3187(1).
1068     5.  The state land planning agency shall establish a
1069schedule for phased completion and transmittal of plan
1070amendments to implement subparagraphs 1., 2., and 3. from all
1071jurisdictions so as to accomplish their adoption by December 31,
10721999. A local government may complete and transmit its plan
1073amendments to carry out these provisions prior to the scheduled
1074date established by the state land planning agency. The plan
1075amendments are exempt from the provisions of s. 163.3187(1).
1076     5.6.  By January 1, 2004, any county having a population
1077greater than 100,000, and the municipalities and special
1078districts within that county, shall submit a report to the
1079Department of Community Affairs which identifies:
1080     a.  Identifies All existing or proposed interlocal service-
1081delivery agreements regarding the following: education; sanitary
1082sewer; public safety; solid waste; drainage; potable water;
1083parks and recreation; and transportation facilities.
1084     b.  Identifies Any deficits or duplication in the provision
1085of services within its jurisdiction, whether capital or
1086operational. Upon request, the Department of Community Affairs
1087shall provide technical assistance to the local governments in
1088identifying deficits or duplication.
1089     6.7.  Within 6 months after submission of the report, the
1090Department of Community Affairs shall, through the appropriate
1091regional planning council, coordinate a meeting of all local
1092governments within the regional planning area to discuss the
1093reports and potential strategies to remedy any identified
1094deficiencies or duplications.
1095     7.8.  Each local government shall update its
1096intergovernmental coordination element based upon the findings
1097in the report submitted pursuant to subparagraph 5.6. The report
1098may be used as supporting data and analysis for the
1099intergovernmental coordination element.
1100     9.  By February 1, 2003, representatives of municipalities,
1101counties, and special districts shall provide to the Legislature
1102recommended statutory changes for annexation, including any
1103changes that address the delivery of local government services
1104in areas planned for annexation.
1105     (10)  The Legislature recognizes the importance and
1106significance of chapter 9J-5, Florida Administrative Code, the
1107Minimum Criteria for Review of Local Government Comprehensive
1108Plans and Determination of Compliance of the Department of
1109Community Affairs that will be used to determine compliance of
1110local comprehensive plans. The Legislature reserved unto itself
1111the right to review chapter 9J-5, Florida Administrative Code,
1112and to reject, modify, or take no action relative to this rule.
1113Therefore, pursuant to subsection (9), the Legislature hereby
1114has reviewed chapter 9J-5, Florida Administrative Code, and
1115expresses the following legislative intent:
1116     (k)  So that local governments are able to prepare and
1117adopt comprehensive plans with knowledge of the rules that will
1118be applied to determine consistency of the plans with provisions
1119of this part, it is the intent of the Legislature that there
1120should be no doubt as to the legal standing of chapter 9J-5,
1121Florida Administrative Code, at the close of the 1986
1122legislative session. Therefore, the Legislature declares that
1123changes made to chapter 9J-5, Florida Administrative Code, prior
1124to October 1, 1986, shall not be subject to rule challenges
1125under s. 120.56(2), or to drawout proceedings under s.
1126120.54(3)(c)2. The entire chapter 9J-5, Florida Administrative
1127Code, as amended, shall be subject to rule challenges under s.
1128120.56(3), as nothing herein shall be construed to indicate
1129approval or disapproval of any portion of chapter 9J-5, Florida
1130Administrative Code, not specifically addressed herein. No
1131challenge pursuant to s. 120.56(3) may be filed from July 1,
11321987, through April 1, 1993. Any amendments to chapter 9J-5,
1133Florida Administrative Code, exclusive of the amendments adopted
1134prior to October 1, 1986, pursuant to this act, shall be subject
1135to the full chapter 120 process. All amendments shall have
1136effective dates as provided in chapter 120 and submission to the
1137President of the Senate and Speaker of the House of
1138Representatives shall not be required.
1139     Section 18.  Subsection (6) of section 163.3178, Florida
1140Statutes, is amended to read:
1141     163.3178  Coastal management.--
1142     (6)  Local governments are encouraged to adopt countywide
1143marina siting plans to designate sites for existing and future
1144marinas. The Coastal Resources Interagency Management Committee,
1145at the direction of the Legislature, shall identify incentives
1146to encourage local governments to adopt such siting plans and
1147uniform criteria and standards to be used by local governments
1148to implement state goals, objectives, and policies relating to
1149marina siting. These criteria must ensure that priority is given
1150to water-dependent land uses. The Coastal Resources Interagency
1151Management Committee shall submit its recommendations regarding
1152local government incentives to the Legislature by December 1,
11531993. Countywide marina siting plans must be consistent with
1154state and regional environmental planning policies and
1155standards. Each local government in the coastal area which
1156participates in adoption of a countywide marina siting plan
1157shall incorporate the plan into the coastal management element
1158of its local comprehensive plan.
1159     Section 19.  Subsection (12) of section 163.519, Florida
1160Statutes, is amended to read:
1161     163.519  Duties of Department of Legal Affairs.--The
1162Department of Legal Affairs shall:
1163     (12)  Submit an annual report to the Governor, the
1164President of the Senate, the Speaker of the House of
1165Representatives, and the minority leaders and appropriate
1166committee chairpersons of each house prior to March 1 of each
1167year which contains:
1168     (a)  A listing of neighborhood improvement districts
1169created within the state, and their location.
1170     (b)  A listing of districts which received funds from the
1171Safe Neighborhoods Program.
1172     (c)  A status report noting each district's progress in
1173completing and implementing safe neighborhood improvement plans.
1174     Section 20.  Subsection (9) of section 186.007, Florida
1175Statutes, is amended to read:
1176     186.007  State comprehensive plan; preparation; revision.--
1177     (9)  The Governor shall appoint a committee to review and
1178make recommendations as to appropriate revisions to the state
1179comprehensive plan that should be considered for the Governor's
1180recommendations to the Administration Commission for October 1,
11811999, pursuant to s. 186.008(1). The committee must consist of
1182persons from the public and private sectors representing the
1183broad range of interests covered by the state comprehensive
1184plan, including state, regional, and local government
1185representatives. In reviewing the goals and policies contained
1186in chapter 187, the committee must identify portions that have
1187become outdated or have not been implemented, and, based upon
1188best available data, the state's progress toward achieving the
1189goals and policies. In reviewing the goals and policies relating
1190to growth and development, the committee shall consider the
1191extent to which the plan adequately addresses the guidelines set
1192forth in s. 186.009, and recommend revisions as appropriate. In
1193addition, the committee shall consider and make recommendations
1194on the purpose and function of the state land development plan,
1195as set forth in s. 380.031(17), including whether said plan
1196should be retained and, if so, its future application. The
1197committee may also make recommendations as to data and
1198information needed in the continuing process to evaluate and
1199update the state comprehensive plan. All meetings of the
1200committee must be open to the public for input on the state
1201planning process and amendments to the state comprehensive plan.
1202The Executive Office of the Governor is hereby appropriated
1203$50,000 in nonrecurring general revenue for costs associated
1204with the committee, including travel and per diem reimbursement
1205for the committee members.
1206     Section 21.  Subsection (5) of section 189.4035, Florida
1207Statutes, is amended to read:
1208     189.4035  Preparation of official list of special
1209districts.--
1210     (5)  The official list of special districts shall be
1211available on the department's website distributed by the
1212department on October 1 of each year to the President of the
1213Senate, the Speaker of the House of Representatives, the Auditor
1214General, the Department of Revenue, the Department of Financial
1215Services, the Department of Management Services, the State Board
1216of Administration, counties, municipalities, county property
1217appraisers, tax collectors, and supervisors of elections and to
1218all interested parties who request the list.
1219     Section 22.  Subsection (2) of section 189.412, Florida
1220Statutes, is amended to read:
1221     189.412  Special District Information Program; duties and
1222responsibilities.--The Special District Information Program of
1223the Department of Community Affairs is created and has the
1224following special duties:
1225     (2)  The maintenance of a master list of independent and
1226dependent special districts which shall be available on the
1227department's website annually updated and distributed to the
1228appropriate officials in state and local governments.
1229     Section 23.  Subsection (2) of section 194.034, Florida
1230Statutes, is amended to read:
1231     194.034  Hearing procedures; rules.--
1232     (2)  In each case, except when a complaint is withdrawn by
1233the petitioner or is acknowledged as correct by the property
1234appraiser, the value adjustment board shall render a written
1235decision. All such decisions shall be issued within 20 calendar
1236days of the last day the board is in session under s. 194.032.
1237The decision of the board shall contain findings of fact and
1238conclusions of law and shall include reasons for upholding or
1239overturning the determination of the property appraiser. When a
1240special magistrate has been appointed, the recommendations of
1241the special magistrate shall be considered by the board. The
1242clerk, upon issuance of the decisions, shall, on a form provided
1243by the Department of Revenue, notify by first-class mail each
1244taxpayer and, the property appraiser, and the department of the
1245decision of the board.
1246     Section 24.  Paragraph (b) of subsection (1) of section
1247206.606, Florida Statutes, is amended to read:
1248     206.606  Distribution of certain proceeds.--
1249     (1)  Moneys collected pursuant to ss. 206.41(1)(g) and
1250206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
1251Fund. Such moneys, after deducting the service charges imposed
1252by s. 215.20, the refunds granted pursuant to s. 206.41, and the
1253administrative costs incurred by the department in collecting,
1254administering, enforcing, and distributing the tax, which
1255administrative costs may not exceed 2 percent of collections,
1256shall be distributed monthly to the State Transportation Trust
1257Fund, except that:
1258     (b)  $2.5 million shall be transferred annually to the
1259State Game Trust Fund in the Fish and Wildlife Conservation
1260Commission in each fiscal year and used for recreational boating
1261activities, and freshwater fisheries management and research.
1262The transfers must be made in equal monthly amounts beginning on
1263July 1 of each fiscal year. The commission shall annually
1264determine where unmet needs exist for boating-related
1265activities, and may fund such activities in counties where, due
1266to the number of vessel registrations, sufficient financial
1267resources are unavailable.
1268     1.  A minimum of $1.25 million shall be used to fund local
1269projects to provide recreational channel marking, public
1270launching facilities, aquatic plant control, and other local
1271boating related activities. In funding the projects, the
1272commission shall give priority consideration as follows:
1273     a.  Unmet needs in counties with populations of 100,000 or
1274less.
1275     b.  Unmet needs in coastal counties with a high level of
1276boating related activities from individuals residing in other
1277counties.
1278     2.  The remaining $1.25 million may be used for
1279recreational boating activities and freshwater fisheries
1280management and research.
1281     3.  The commission is authorized to adopt rules pursuant to
1282ss. 120.536(1) and 120.54 to implement a Florida Boating
1283Improvement Program similar to the program administered by the
1284Department of Environmental Protection and established in rules
128562D-5.031 - 62D-5.036, Florida Administrative Code, to determine
1286projects eligible for funding under this subsection.
1287
1288On February 1 of each year, The commission shall prepare and
1289make available on its Internet website file an annual report
1290with the President of the Senate and the Speaker of the House of
1291Representatives outlining the status of its Florida Boating
1292Improvement Program, including the projects funded, and a list
1293of counties whose needs are unmet due to insufficient financial
1294resources from vessel registration fees.
1295     Section 25.  Paragraph (b) of subsection (4) of section
1296212.054, Florida Statutes, is amended to read:
1297     212.054  Discretionary sales surtax; limitations,
1298administration, and collection.--
1299     (4)
1300     (b)  The proceeds of a discretionary sales surtax collected
1301by the selling dealer located in a county which imposes the
1302surtax shall be returned, less the cost of administration, to
1303the county where the selling dealer is located. The proceeds
1304shall be transferred to the Discretionary Sales Surtax Clearing
1305Trust Fund. A separate account shall be established in such
1306trust fund for each county imposing a discretionary surtax. The
1307amount deducted for the costs of administration shall not exceed
13083 percent of the total revenue generated for all counties
1309levying a surtax authorized in s. 212.055. The amount deducted
1310for the costs of administration shall be used only for those
1311costs which are solely and directly attributable to the surtax.
1312The total cost of administration shall be prorated among those
1313counties levying the surtax on the basis of the amount collected
1314for a particular county to the total amount collected for all
1315counties. No later than March 1 of each year, the department
1316shall submit a written report which details the expenses and
1317amounts deducted for the costs of administration to the
1318President of the Senate, the Speaker of the House of
1319Representatives, and the governing authority of each county
1320levying a surtax. The department shall distribute the moneys in
1321the trust fund each month to the appropriate counties, unless
1322otherwise provided in s. 212.055.
1323     Section 26.  Paragraph (j) of subsection (5) of section
1324212.08, Florida Statutes, is amended to read:
1325     212.08  Sales, rental, use, consumption, distribution, and
1326storage tax; specified exemptions.--The sale at retail, the
1327rental, the use, the consumption, the distribution, and the
1328storage to be used or consumed in this state of the following
1329are hereby specifically exempt from the tax imposed by this
1330chapter.
1331     (5)  EXEMPTIONS; ACCOUNT OF USE.--
1332     (j)  Machinery and equipment used in semiconductor,
1333defense, or space technology production and research and
1334development.--
1335     1.a.  Industrial machinery and equipment used in
1336semiconductor technology facilities certified under subparagraph
13376. to manufacture, process, compound, or produce semiconductor
1338technology products for sale or for use by these facilities are
1339exempt from the tax imposed by this chapter. For purposes of
1340this paragraph, industrial machinery and equipment includes
1341molds, dies, machine tooling, other appurtenances or accessories
1342to machinery and equipment, testing equipment, test beds,
1343computers, and software, whether purchased or self-fabricated,
1344and, if self-fabricated, includes materials and labor for
1345design, fabrication, and assembly.
1346     b.  Industrial machinery and equipment used in defense or
1347space technology facilities certified under subparagraph 6. to
1348manufacture, process, compound, or produce defense technology
1349products or space technology products for sale or for use by
1350these facilities are exempt from 25 percent of the tax imposed
1351by this chapter.
1352     2.a.  Machinery and equipment are exempt from the tax
1353imposed by this chapter if used predominately in semiconductor
1354wafer research and development activities in a semiconductor
1355technology research and development facility certified under
1356subparagraph 6. For purposes of this paragraph, machinery and
1357equipment includes molds, dies, machine tooling, other
1358appurtenances or accessories to machinery and equipment, testing
1359equipment, test beds, computers, and software, whether purchased
1360or self-fabricated, and, if self-fabricated, includes materials
1361and labor for design, fabrication, and assembly.
1362     b.  Machinery and equipment are exempt from 25 percent of
1363the tax imposed by this chapter if used predominately in defense
1364or space research and development activities in a defense or
1365space technology research and development facility certified
1366under subparagraph 6.
1367     3.  Building materials purchased for use in manufacturing
1368or expanding clean rooms in semiconductor-manufacturing
1369facilities are exempt from the tax imposed by this chapter.
1370     4.  In addition to meeting the criteria mandated by
1371subparagraph 1., subparagraph 2., or subparagraph 3., a business
1372must be certified by the Office of Tourism, Trade, and Economic
1373Development as authorized in this paragraph in order to qualify
1374for exemption under this paragraph.
1375     5.  For items purchased tax exempt pursuant to this
1376paragraph, possession of a written certification from the
1377purchaser, certifying the purchaser's entitlement to exemption
1378pursuant to this paragraph, relieves the seller of the
1379responsibility of collecting the tax on the sale of such items,
1380and the department shall look solely to the purchaser for
1381recovery of tax if it determines that the purchaser was not
1382entitled to the exemption.
1383     6.a.  To be eligible to receive the exemption provided by
1384subparagraph 1., subparagraph 2., or subparagraph 3., a
1385qualifying business entity shall apply to Enterprise Florida,
1386Inc. The application shall be developed by the Office of
1387Tourism, Trade, and Economic Development in consultation with
1388Enterprise Florida, Inc.
1389     b.  Enterprise Florida, Inc., shall review each submitted
1390application and information and determine whether or not the
1391application is complete within 5 working days. Once an
1392application is complete, Enterprise Florida, Inc., shall, within
139310 working days, evaluate the application and recommend approval
1394or disapproval of the application to the Office of Tourism,
1395Trade, and Economic Development.
1396     c.  Upon receipt of the application and recommendation from
1397Enterprise Florida, Inc., the Office of Tourism, Trade, and
1398Economic Development shall certify within 5 working days those
1399applicants who are found to meet the requirements of this
1400section and notify the applicant, Enterprise Florida, Inc., and
1401the department of the certification. If the Office of Tourism,
1402Trade, and Economic Development finds that the applicant does
1403not meet the requirements of this section, it shall notify the
1404applicant and Enterprise Florida, Inc., within 10 working days
1405that the application for certification has been denied and the
1406reasons for denial. The Office of Tourism, Trade, and Economic
1407Development has final approval authority for certification under
1408this section.
1409     7.a.  A business may apply once each year for the
1410exemption.
1411     a.b.  The application must indicate, for program evaluation
1412purposes only, the average number of full-time equivalent
1413employees at the facility over the preceding calendar year, the
1414average wage and benefits paid to those employees over the
1415preceding calendar year, the total investment made in real and
1416tangible personal property over the preceding calendar year, and
1417the total value of tax-exempt purchases and taxes exempted
1418during the previous year. The department shall assist the Office
1419of Tourism, Trade, and Economic Development in evaluating and
1420verifying information provided in the application for exemption.
1421     b.c.  The Office of Tourism, Trade, and Economic
1422Development may use the information reported on the application
1423for evaluation purposes only and shall prepare an annual report
1424on the exemption program and its cost and impact. The annual
1425report for the preceding fiscal year shall be submitted to the
1426Governor, the President of the Senate, and the Speaker of the
1427House of Representatives by September 30 of each fiscal year.
1428     8.  A business certified to receive this exemption may
1429elect to designate one or more state universities or community
1430colleges as recipients of up to 100 percent of the amount of the
1431exemption for which they may qualify. To receive these funds,
1432the institution must agree to match the funds so earned with
1433equivalent cash, programs, services, or other in-kind support on
1434a one-to-one basis in the pursuit of research and development
1435projects as requested by the certified business. The rights to
1436any patents, royalties, or real or intellectual property must be
1437vested in the business unless otherwise agreed to by the
1438business and the university or community college.
1439     9.  As used in this paragraph, the term:
1440     a.  "Predominately" means at least 50 percent of the time
1441in qualifying research and development.
1442     b.  "Research and development" means basic and applied
1443research in the science or engineering, as well as the design,
1444development, and testing of prototypes or processes of new or
1445improved products. Research and development does not include
1446market research, routine consumer product testing, sales
1447research, research in the social sciences or psychology,
1448nontechnological activities, or technical services.
1449     c.  "Semiconductor technology products" means raw
1450semiconductor wafers or semiconductor thin films that are
1451transformed into semiconductor memory or logic wafers, including
1452wafers containing mixed memory and logic circuits; related
1453assembly and test operations; active-matrix flat panel displays;
1454semiconductor chips; semiconductor lasers; optoelectronic
1455elements; and related semiconductor technology products as
1456determined by the Office of Tourism, Trade, and Economic
1457Development.
1458     d.  "Clean rooms" means manufacturing facilities enclosed
1459in a manner that meets the clean manufacturing requirements
1460necessary for high-technology semiconductor-manufacturing
1461environments.
1462     e.  "Defense technology products" means products that have
1463a military application, including, but not limited to, weapons,
1464weapons systems, guidance systems, surveillance systems,
1465communications or information systems, munitions, aircraft,
1466vessels, or boats, or components thereof, which are intended for
1467military use and manufactured in performance of a contract with
1468the United States Department of Defense or the military branch
1469of a recognized foreign government or a subcontract thereunder
1470which relates to matters of national defense.
1471     f.  "Space technology products" means products that are
1472specifically designed or manufactured for application in space
1473activities, including, but not limited to, space launch
1474vehicles, missiles, satellites or research payloads, avionics,
1475and associated control systems and processing systems. The term
1476does not include products that are designed or manufactured for
1477general commercial aviation or other uses even though those
1478products may also serve an incidental use in space applications.
1479     Section 27.  Section 213.0452, Florida Statutes, is
1480repealed.
1481     Section 28.  Section 213.054, Florida Statutes, is
1482repealed.
1483     Section 29.  Paragraph (f) of subsection (5) of section
1484215.5601, Florida Statutes, is amended to read:
1485     215.5601  Lawton Chiles Endowment Fund.--
1486     (5)  AVAILABILITY OF FUNDS; USES.--
1487     (f)  When advised by the Revenue Estimating Conference that
1488a deficit will occur with respect to the appropriations from the
1489tobacco settlement trust funds of the state agencies in any
1490fiscal year, the Governor shall develop a plan of action to
1491eliminate the deficit. Before implementing the plan of action,
1492the Governor must comply with s. 216.177(2). In developing the
1493plan of action, the Governor shall, to the extent possible,
1494preserve legislative policy and intent, and, absent any specific
1495directions to the contrary in the General Appropriations Act,
1496any reductions in appropriations from the tobacco settlement
1497trust funds of the state agencies for a fiscal year shall be
1498prorated among the specific appropriations made from all tobacco
1499settlement trust funds of the state agencies for that year.
1500     Section 30.  Subsection (3) of section 215.70, Florida
1501Statutes, is amended to read:
1502     215.70  State Board of Administration to act in case of
1503defaults.--
1504     (3)  It shall be the duty of the State Board of
1505Administration to monitor the debt service accounts for bonds
1506issued pursuant to this act. The board shall advise the Governor
1507and Legislature of any projected need to appropriate funds to
1508honor the pledge of full faith and credit of the state. The
1509report shall include the estimated amount of appropriations
1510needed, the estimated maximum amount of appropriations needed,
1511and a contingency appropriation request for each bond issue.
1512     Section 31.  Subsection (1) of section 253.7825, Florida
1513Statutes, is amended to read:
1514     253.7825  Recreational uses.--
1515     (1)  The Cross Florida Greenways State Recreation and
1516Conservation Area must be managed as a multiple-use area
1517pursuant to s. 253.034(2)(a), and as further provided herein.
1518The University of Florida Management Plan provides a conceptual
1519recreational plan that may ultimately be developed at various
1520locations throughout the greenways corridor. The plan proposes
1521to locate a number of the larger, more comprehensive and complex
1522recreational facilities in sensitive, natural resource areas.
1523Future site-specific studies and investigations must be
1524conducted by the department to determine compatibility with, and
1525potential for adverse impact to, existing natural resources,
1526need for the facility, the availability of other alternative
1527locations with reduced adverse impacts to existing natural
1528resources, and the proper specific sites and locations for the
1529more comprehensive and complex facilities. Furthermore, it is
1530appropriate, with the approval of the department, to allow more
1531fishing docks, boat launches, and other user-oriented facilities
1532to be developed and maintained by local governments.
1533     Section 32.  Section 253.7826, Florida Statutes, is
1534repealed.
1535     Section 33.  Section 253.7829, Florida Statutes, is
1536repealed.
1537     Section 34.  Subsection (4) of section 259.037, Florida
1538Statutes, is amended to read:
1539     259.037  Land Management Uniform Accounting Council.--
1540     (4)  The council shall provide a report of the agencies'
1541expenditures pursuant to the adopted categories to the President
1542of the Senate and the Speaker of the House of Representatives
1543annually, beginning July 1, 2001. The council shall also provide
1544this report to the Acquisition and Restoration Council for
1545inclusion in its annual report required pursuant to s. 259.105.
1546     Section 35.  Section 265.56, Florida Statutes, is repealed.
1547     Section 36.  Subsection (4) of section 267.074, Florida
1548Statutes, is amended to read:
1549     267.074  State Historical Marker Program.--The division
1550shall coordinate and direct the State Historical Marker Program,
1551which shall be a program of popular history and heritage
1552designed to inform the general public about persons, events,
1553structures, and other topics relating to the history and culture
1554of the state; encourage interest in preserving the historical
1555resources of the state and its localities; promote a sense of
1556community and place among Florida citizens; and provide for the
1557enjoyment and edification of tourists.
1558     (4)  The division shall develop a comprehensive plan for
1559the State Historical Marker Program which shall be kept up to
1560date and shall incorporate goals and objectives of the program,
1561as well as policies, plans, and procedures relating to:
1562     (a)  Categories of Official Florida Historical Markers,
1563criteria for their use, and specifications for design.
1564     (b)  Selection of subjects to be marked.
1565     (c)  Published guides to Official Florida Historical
1566Markers, including methods for public distribution.
1567     (d)  Maintenance of markers.
1568     (e)  Removal or replacement of markers.
1569     (f)  Placement of markers at historic sites which shall be,
1570in general, conspicuous and accessible to and easily reached by
1571the public and where something associated with the person,
1572historic property, event, or other subject being marked is still
1573visible.
1574     (g)  Physical placement of the markers which shall be, in
1575general, conspicuous and easily reached by the public.
1576     Section 37.  Subsection (28) of section 282.102, Florida
1577Statutes, is amended to read:
1578     282.102  Creation of the State Technology Office; powers
1579and duties.--There is created a State Technology Office within
1580the Department of Management Services. The office shall be a
1581separate budget entity, and shall be headed by a Chief
1582Information Officer who is appointed by the Governor and is in
1583the Senior Management Service. The Chief Information Officer
1584shall be an agency head for all purposes. The Department of
1585Management Services shall provide administrative support and
1586service to the office to the extent requested by the Chief
1587Information Officer. The office may adopt policies and
1588procedures regarding personnel, procurement, and transactions
1589for State Technology Office personnel. The office shall have the
1590following powers, duties, and functions:
1591     (28)  To study and make a recommendation to the Governor
1592and Legislature on the feasibility of implementing online voting
1593in this state.
1594     Section 38.  Subsection (3) of section 284.50, Florida
1595Statutes, is amended to read:
1596     284.50  Loss prevention program; safety coordinators;
1597Interagency Advisory Council on Loss Prevention; employee
1598recognition program.--
1599     (3)  The council and each department head shall report
1600annually to the Governor by January 15 preceding any regular
1601legislative session any actions taken to prevent job-related
1602employee accidents, together with suggestions of safeguards and
1603improvements.
1604     Section 39.  Subsection (11) of section 287.045, Florida
1605Statutes, is amended to read:
1606     287.045  Procurement of products and materials with
1607recycled content.--
1608     (11)  Each agency shall report annually to the department
1609its total expenditures on, and use of, products with recycled
1610content and the percentage of its budget that represents
1611purchases of similar products made from virgin materials. The
1612department shall design a uniform reporting mechanism and
1613prepare annual summaries of statewide purchases delineating
1614those with recycled content to be submitted to the Governor, the
1615President of the Senate, and the Speaker of the House of
1616Representatives.
1617     Section 40.  Subsection (10) of section 287.16, Florida
1618Statutes, is amended to read:
1619     287.16  Powers and duties of department.--The Department of
1620Management Services shall have the following powers, duties, and
1621responsibilities:
1622     (10)  To provide the Legislature annual reports at the end
1623of each calendar year concerning the utilization of all aircraft
1624in the executive pool.
1625     Section 41.  Subsection (7) of section 288.108, Florida
1626Statutes, is amended to read:
1627     288.108  High-impact business.--
1628     (7)  REPORTING.--The office shall by December 1 of each
1629year issue a complete and detailed report of all designated
1630high-impact sectors, all applications received and their
1631disposition, all final orders issued, and all payments made,
1632including analyses of benefits and costs, types of projects
1633supported, and employment and investments created. The report
1634shall be submitted to the Governor, the President of the Senate,
1635and the Speaker of the House of Representatives.
1636     Section 42.  Subsection (6) of section 288.1226, Florida
1637Statutes, is amended to read:
1638     288.1226  Florida Tourism Industry Marketing Corporation;
1639use of property; board of directors; duties; audit.--
1640     (6)  ANNUAL AUDIT.--The corporation shall provide for an
1641annual financial audit in accordance with s. 215.981. The annual
1642audit report shall be submitted to the Auditor General; the
1643Office of Policy Analysis and Government Accountability; and the
1644Office of Tourism, Trade, and Economic Development for review.
1645The Office of Program Policy Analysis and Government
1646Accountability; the Office of Tourism, Trade, and Economic
1647Development; and the Auditor General have the authority to
1648require and receive from the corporation or from its independent
1649auditor any detail or supplemental data relative to the
1650operation of the corporation. The Office of Tourism, Trade, and
1651Economic Development shall annually certify whether the
1652corporation is operating in a manner and achieving the
1653objectives that are consistent with the policies and goals of
1654the commission and its long-range marketing plan. The identity
1655of a donor or prospective donor to the corporation who desires
1656to remain anonymous and all information identifying such donor
1657or prospective donor are confidential and exempt from the
1658provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1659Constitution. Such anonymity shall be maintained in the
1660auditor's report.
1661     Section 43.  Paragraph (e) of subsection (8) of section
1662288.1229, Florida Statutes, is amended to read:
1663     288.1229  Promotion and development of sports-related
1664industries and amateur athletics; direct-support organization;
1665powers and duties.--
1666     (8)  To promote amateur sports and physical fitness, the
1667direct-support organization shall:
1668     (e)  Promote Florida as a host for national and
1669international amateur athletic competitions. As part of this
1670effort, the direct-support organization shall:
1671     1.  Assist and support Florida cities or communities
1672bidding or seeking to host the Summer Olympics or Pan American
1673Games.
1674     2.  Annually report to the Governor, the President of the
1675Senate, and the Speaker of the House of Representatives on the
1676status of the efforts of cities or communities bidding to host
1677the Summer Olympics or Pan American Games, including, but not
1678limited to, current financial and infrastructure status,
1679projected financial and infrastructure needs, and
1680recommendations for satisfying the unmet needs and fulfilling
1681the requirements for a successful bid in any year that the
1682Summer Olympics or Pan American Games are held in this state.
1683     Section 44.  Subsection (4) of section 288.7015, Florida
1684Statutes, is amended to read:
1685     288.7015  Appointment of rules ombudsman; duties.--The
1686Governor shall appoint a rules ombudsman, as defined in s.
1687288.703, in the Executive Office of the Governor, for
1688considering the impact of agency rules on the state's citizens
1689and businesses. In carrying out duties as provided by law, the
1690ombudsman shall consult with Enterprise Florida, Inc., at which
1691point the office may recommend to improve the regulatory
1692environment of this state. The duties of the rules ombudsman are
1693to:
1694     (4)(a)  By December 1, 1997, and annually thereafter,
1695submit a report to the Legislature identifying and describing
1696the extent to which rules of state agencies adversely impact
1697trade promotion, economic growth and diversification in Florida,
1698business profitability and viability, and, in particular, the
1699startup of new businesses. The report must specifically identify
1700and describe those agency rules repealed or modified during each
1701calendar year in order to improve the regulatory climate for
1702businesses operating in this state. The report must also
1703identify those proposed rules for review and possible repeal or
1704modification in the next calendar year.
1705     (b)  The report must also specifically identify and
1706describe the use and impact of state economic development
1707incentives on minority-owned businesses. The report must detail
1708how many minority-owned businesses received state economic
1709development incentives administered by the Office of Tourism,
1710Trade, and Economic Development, including private activity
1711bonds, and the JOBs benefit.
1712     Section 45.  Subsection (5) of section 288.853, Florida
1713Statutes, is amended to read:
1714     288.853  International sanctions against Castro
1715government.--
1716     (5)  Furthermore, contingent upon annual appropriation, to
1717the extent covered by the report submitted by the President
1718according to s. 108 of the Cuban Liberty and Democratic
1719Solidarity Act of 1996, and until such time as the President
1720submits a determination under s. 203(c)(1) of the Cuban Liberty
1721and Democratic Solidarity Act of 1996, the Governor shall submit
1722an annual report to the President of the Senate and the Speaker
1723of the House of Representatives on assistance to and commerce
1724with Cuba by citizens and legal residents of Florida. Each
1725report shall contain:
1726     (a)  Identification of Cuba's trading partners and the
1727extent of such trade.
1728     (b)  A description of joint ventures completed or under
1729consideration by foreign nationals and business firms located in
1730or doing business in Florida involving facilities in Cuba.
1731     (c)  A determination as to whether any facilities are
1732claimed by a citizen of Florida.
1733     (d)  Steps taken to assure that raw materials and
1734semifinished or finished goods produced by facilities in Cuba
1735involving Cuban and/or foreign nationals or businesses are not
1736entering the Florida market.
1737     Section 46.  Subsection (5) of section 288.95155, Florida
1738Statutes, is amended to read:
1739     288.95155  Florida Small Business Technology Growth
1740Program.--
1741     (5)  By January 1 of each year, Enterprise Florida, Inc.,
1742shall prepare and include a report on the financial status of
1743the program in its annual report required under s. 288.095 and
1744the account and shall submit a copy of the report to the board
1745of directors of Enterprise Florida, Inc., the appropriate
1746legislative committees responsible for economic development
1747oversight, and the appropriate legislative appropriations
1748subcommittees. The report shall specify the assets and
1749liabilities of the account within the current fiscal year and
1750shall include a portfolio update that lists all of the
1751businesses assisted, the private dollars leveraged by each
1752business assisted, and the growth in sales and in employment of
1753each business assisted.
1754     Section 47.  Paragraph (c) of subsection (4) of section
1755288.9604, Florida Statutes, is amended to read:
1756     288.9604  Creation of the authority.--
1757     (4)
1758     (c)  The directors of the corporation shall annually elect
1759one of their members as chair and one as vice chair. The
1760corporation may employ a president, technical experts, and such
1761other agents and employees, permanent and temporary, as it
1762requires and determine their qualifications, duties, and
1763compensation. For such legal services as it requires, the
1764corporation may employ or retain its own counsel and legal
1765staff. The corporation shall file with the governing body of
1766each public agency with which it has entered into an interlocal
1767agreement and with the Governor, the Speaker of the House of
1768Representatives, the President of the Senate, the Minority
1769Leaders of the Senate and House of Representatives, and the
1770Auditor General, on or before 90 days after the close of the
1771fiscal year of the corporation, a report of its activities for
1772the preceding fiscal year, which report shall include a complete
1773financial statement setting forth its assets, liabilities,
1774income, and operating expenses as of the end of such fiscal
1775year.
1776     Section 48.  Section 288.9610, Florida Statutes, is amended
1777to read:
1778     288.9610  Annual reports of Florida Development Finance
1779Corporation.--On or before 90 days after the close of By
1780December 1 of each year, the Florida Development Finance
1781Corporation's fiscal year, the corporation shall submit to the
1782Governor, the President of the Senate, the Speaker of the House
1783of Representatives, the Senate Minority Leader, the House
1784Minority Leader, the Auditor General, and the governing body of
1785each public entity with which it has entered into an interlocal
1786agreement city or county activating the Florida Development
1787Finance Corporation a complete and detailed report setting
1788forth:
1789     (1)  The results of any audit conducted pursuant to s.
179011.45 The evaluation required in s. 11.45(3)(j).
1791     (2)  The activities, operations, and accomplishments of the
1792Florida Development Finance Corporation, including the number of
1793businesses assisted by the corporation.
1794     (3)  Its assets, and liabilities, income, and operating
1795expenses at the end of its most recent fiscal year, including a
1796description of all of its outstanding revenue bonds.
1797     Section 49.  Subsection (3) of section 292.04, Florida
1798Statutes, is amended to read:
1799     292.04  Florida Commission on Veterans' Affairs.--
1800     (3)(a)  It is the duty of the commission to conduct a
1801biennial survey of possible contributions that veterans or state
1802organizations of veterans and their auxiliaries could make to
1803the state and to report the results of the survey to the
1804department together with recommendations for encouraging such
1805contributions.
1806     (b)  The commission shall work with the various veterans'
1807organizations and their auxiliaries within the state and shall
1808function as a liaison between such organizations and the
1809department on matters pertaining to veterans.
1810     Section 50.  Subsection (6) of section 292.05, Florida
1811Statutes, is amended to read:
1812     292.05  Duties of Department of Veterans' Affairs.--
1813     (6)  The department shall, by on December 31 of each year,
1814submit make an annual written report to the Governor, the
1815Cabinet, of the state, the Speaker of the House of
1816Representatives, and the President of the Senate that shall
1817describe:, which report shall show
1818     (a)  The expenses incurred in veteran service work in the
1819state; the number, nature, and kind of cases handled by the
1820department and by county and city veteran service officers of
1821the state; the amounts of benefits obtained for veterans; the
1822names and addresses of all certified veteran service officers,
1823including county and city veteran service officers. The report
1824shall also describe the actions taken by the department in
1825implementing subsections (4), (5), and (7) and shall contain
1826such other information and recommendations as may appear to the
1827department to be right and proper.
1828     (b)  The current status of the department's domiciliary and
1829nursing homes established pursuant to chapter 296, including all
1830receipts and expenditures, the condition of the homes, the
1831number of residents received and discharged during the preceding
1832year, occupancy rates, staffing, and any other information
1833necessary to providing an understanding of the management,
1834conduct, and operation of the homes.
1835     Section 51.  Section 296.16, Florida Statutes, is repealed.
1836     Section 52.  Section 296.39, Florida Statutes, is repealed.
1837     Section 53.  Paragraph (c) of subsection (12) of section
1838315.03, Florida Statutes, is amended to read:
1839     315.03  Grant of powers.--Each unit is hereby authorized
1840and empowered:
1841     (12)
1842     (c)  The Legislature shall review the loan program
1843established pursuant to this subsection during the 2004 Regular
1844Session of the Legislature.
1845     Section 54.  Subsection (2) of section 319.324, Florida
1846Statutes, is amended to read:
1847     319.324  Odometer fraud prevention and detection;
1848funding.--
1849     (2)  Moneys deposited into the Highway Safety Operating
1850Trust Fund under this section shall be used to implement and
1851maintain efforts by the department to prevent and detect
1852odometer fraud, including the prompt investigation of alleged
1853instances of odometer mileage discrepancies reported by licensed
1854motor vehicle dealers, auctions, or purchasers of motor
1855vehicles. Such moneys shall also be used to fund an annual
1856report to the Legislature by the Department of Highway Safety
1857and Motor Vehicles, summarizing the department's investigations
1858and findings. In addition, moneys deposited into the fund may be
1859used by the department for general operations.
1860     Section 55.  Section 322.181, Florida Statutes, is amended
1861to read:
1862     322.181  Advisory council on the Study of effects of aging
1863on driving ability; advisory council.--
1864     (1)  The Department of Highway Safety and Motor Vehicles
1865shall study the effects of aging on driving ability. The purpose
1866of the study is to develop a comprehensive approach to licensing
1867drivers.
1868     (2)  Issues to be studied by the department shall include
1869the:
1870     (a)  Effective and efficient identification of drivers at
1871risk of being involved in a motor vehicle accident because of
1872functional limitations that affect their driving ability;
1873     (b)  Prevalence and effect of degenerative processes
1874affecting vision, hearing, mobility, cognitive functions, and
1875reaction time;
1876     (c)  Implementation and effect of the department's vision
1877screening requirements and examination of new technologies;
1878     (d)  Availability and effectiveness of remedial measures
1879such as skills training, adaptive equipment, physical therapy,
1880and adjustment of driving practices that will allow people to
1881drive safely for as long as possible;
1882     (e)  Availability of alternative forms of transportation
1883for people who can no longer safely drive; and
1884     (f)  Effectiveness of existing public education initiatives
1885relating to at-risk drivers.
1886     (3)  The department shall report the results of the study
1887to the President of the Senate and the Speaker of the House of
1888Representatives by February 1, 2004. The report shall include
1889findings of the study and recommendations for improving the
1890safety of at-risk drivers.
1891     (4)  The department shall appoint an advisory council to
1892participate in the study and to advise the department on issues
1893related to older at-risk drivers on an ongoing basis. The
1894council shall be known as the Florida At-Risk Driver Council.
1895Members of the council shall include representatives of
1896organizations involved with issues facing older drivers
1897including state agencies, medical professionals, senior citizen
1898advocacy groups, providers of services to senior citizens, and
1899research entities.
1900     Section 56.  Paragraph (c) of subsection (7) of section
1901322.251, Florida Statutes, is amended to read:
1902     322.251  Notice of cancellation, suspension, revocation, or
1903disqualification of license.--
1904     (7)
1905     (c)  The Department of Highway Safety and Motor Vehicles
1906and the Department of Law Enforcement shall develop and
1907implement a plan to ensure the identification of any person who
1908is the subject of an outstanding warrant or capias for passing
1909worthless bank checks and to ensure the identification of the
1910person's driver's license record.
1911     Section 57.  Subsections (4) and (11) of section 365.171,
1912Florida Statutes, are amended to read:
1913     365.171  Emergency telephone number "911."--
1914     (4)  STATE PLAN.--The office shall develop a statewide
1915emergency telephone number "911" system plan. The plan shall
1916provide for:
1917     (a)  The establishment of the public agency emergency
1918telephone communications requirements for each entity of local
1919government in the state.
1920     (b)  A system to meet specific local government
1921requirements. Such system shall include law enforcement,
1922firefighting, and emergency medical services and may include
1923other emergency services such as poison control, suicide
1924prevention, and emergency management services.
1925     (c)  Identification of the mutual aid agreements necessary
1926to obtain an effective "911" system.
1927     (d)  A funding provision which shall identify the cost
1928necessary to implement the "911" system.
1929     (e)  A firm implementation schedule which shall include the
1930installation of the "911" system in a local community within 24
1931months after the designated agency of the local government gives
1932a firm order to the telephone utility for a "911" system.
1933
1934The office shall be responsible for the implementation and
1935coordination of the such plan and. The office shall adopt any
1936necessary rules and schedules related to public agencies for the
1937purpose of implementing and coordinating the such plan, pursuant
1938to chapter 120. The public agency designated in the plan shall
1939order such system within 6 months after publication date of the
1940plan if the public agency is in receipt of funds appropriated by
1941the Legislature for the implementation and maintenance of the
1942"911" system. Any jurisdiction which has utilized local funding
1943as of July 1, 1976, to begin the implementation of the state
1944plan as set forth in this section shall be eligible for at least
1945a partial reimbursement of its direct cost when, and if, state
1946funds are available for such reimbursement.
1947     (11)  EXISTING EMERGENCY TELEPHONE SERVICE.--Any emergency
1948telephone number established by any local government or state
1949agency prior to July 1, 1974, using a number other than "911"
1950shall be changed to "911" on the same implementation schedule
1951provided in paragraph (4)(e).
1952     Section 58.  Paragraph (d) of subsection (6) of section
1953365.172, Florida Statutes, is amended to read:
1954     365.172  Wireless emergency telephone number "E911."--
1955     (6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
1956     (d)  By February 28, 2001, the board shall undertake and
1957complete a study for submission by the office to the Governor,
1958the President of the Senate, and the Speaker of the House of
1959Representatives which addresses:
1960     1.  The total amount of E911 fee revenues collected by each
1961provider, the total amount of expenses incurred by each provider
1962to comply with the order, and the amount of moneys on deposit in
1963the fund, all as of December 1, 2000.
1964     2.  Whether the amount of the E911 fee and the allocation
1965percentages set forth in s. 365.173 should be adjusted to comply
1966with the requirements of the order, and, if so, a recommended
1967adjustment to the E911 fee.
1968     3.  Any other issues related to providing wireless E911
1969services.
1970     Section 59.  Paragraph (a) of subsection (2) of section
1971365.173, Florida Statutes, is amended to read:
1972     365.173  Wireless Emergency Telephone System Fund.--
1973     (2)  Subject to any modifications approved by the board
1974pursuant to s. 365.172(8)(c), the moneys in the fund shall be
1975distributed and used only as follows:
1976     (a)  Forty-four percent of the moneys shall be distributed
1977each month to counties, based on the total number of wireless
1978subscriber billing addresses in each county, for payment of:
1979     1.  Recurring costs of providing 911 or E911 service, as
1980provided by s. 365.171(12)(13)(a)6.
1981     2.  Costs to comply with the requirements for E911 service
1982contained in the order and any future rules related to the
1983order.
1984
1985A county may carry forward, for up to 3 successive calendar
1986years, up to 30 percent of the total funds disbursed to the
1987county by the board during a calendar year for expenditures for
1988capital outlay, capital improvements, or equipment replacement,
1989if such expenditures are made for the purposes specified in this
1990paragraph.
1991
1992The Legislature recognizes that the wireless E911 fee authorized
1993under s. 365.172 will not necessarily provide the total funding
1994required for establishing or providing the 911 service. It is
1995the intent of the Legislature that all revenue from the fee be
1996used as specified in s. 365.171(13)(a)6.
1997     Section 60.  Subsection (4) of section 366.82, Florida
1998Statutes, is amended to read:
1999     366.82  Definition; goals; plans; programs; annual reports;
2000energy audits.--
2001     (4)  The commission shall require periodic reports from
2002each utility and shall provide the Legislature and the Governor
2003with an annual report by March 1 of the goals it has adopted and
2004its progress toward meeting those goals. The commission shall
2005also consider the performance of each utility pursuant to ss.
2006366.80-366.85 and 403.519 when establishing rates for those
2007utilities over which the commission has ratesetting authority.
2008     Section 61.  Subsections (5) and (7) of section 369.22,
2009Florida Statutes, are amended to read:
2010     369.22  Nonindigenous aquatic plant control.--
2011     (5)  When state funds are involved, or when waters of state
2012responsibility are involved, it is the duty of the department to
2013guide, review, approve, and coordinate the activities of all
2014public bodies, authorities, state agencies, units of local or
2015county government, commissions, districts, and special districts
2016engaged in operations to maintain, control, or eradicate
2017nonindigenous aquatic plants, except for activities involving
2018biological control programs using fish as the control agent. The
2019department may delegate all or part of such functions to any
2020appropriate state agency, special district, unit of local or
2021county government, commission, authority, or other public body.
2022However, special attention shall be given to the keeping of
2023accounting and cost data in order to prepare the annual fiscal
2024report required in subsection (7).
2025     (7)  The department shall prepare submit an annual report
2026on the status of the nonindigenous aquatic plant maintenance
2027program that shall be published on the department's Internet
2028website to the President of the Senate, the Speaker of the House
2029of Representatives, and the Governor and Cabinet by January 1 of
2030the following year. This report shall include a statement of the
2031degree of maintenance control achieved by individual
2032nonindigenous aquatic plant species in the intercounty waters of
2033each of the water management districts for the preceding county
2034fiscal year, together with an analysis of the costs of achieving
2035this degree of control. This cost accounting shall include the
2036expenditures by all governmental agencies in the waters of state
2037responsibility. If the level of maintenance control achieved
2038falls short of that which is deemed adequate by the department,
2039then the report shall include an estimate of the additional
2040funding that would have been required to achieve this level of
2041maintenance control. All measures of maintenance program
2042achievement and the related cost shall be presented by water
2043management districts so that comparisons may be made among the
2044water management districts, as well as with the state as a
2045whole.
2046     Section 62.  Subsection (8) of section 370.26, Florida
2047Statutes, is amended to read:
2048     370.26  Aquaculture definitions; marine aquaculture
2049products, producers, and facilities.--
2050     (8)  The Fish and Wildlife Conservation Commission shall
2051provide assistance to the Department of Agriculture and Consumer
2052Services in the development of an aquaculture plan for the
2053state.
2054     Section 63.  Subsection (2) of section 372.5712, Florida
2055Statutes, is amended to read:
2056     372.5712  Florida waterfowl permit revenues.--
2057     (2)  The intent of this section is to expand waterfowl
2058research and management and increase waterfowl populations in
2059the state without detracting from other programs. The commission
2060shall prepare and make available on its Internet website an
2061annual report documenting the use of funds generated under the
2062provisions of this section, to be submitted to the Governor, the
2063Speaker of the House of Representatives, and the President of
2064the Senate on or before September 1 of each year.
2065     Section 64.  Subsection (2) of section 372.5715, Florida
2066Statutes, is amended to read:
2067     372.5715  Florida wild turkey permit revenues.--
2068     (2)  The intent of this section is to expand wild turkey
2069research and management and to increase wild turkey populations
2070in the state without detracting from other programs. The
2071commission shall prepare and make available on its Internet
2072website an annual report documenting the use of funds generated
2073under the provisions of this section, to be submitted to the
2074Governor, the Speaker of the House of Representatives, and the
2075President of the Senate on or before September 1 of each year.
2076     Section 65.  Section 372.673, Florida Statutes, is
2077repealed.
2078     Section 66.  Section 372.674, Florida Statutes, is
2079repealed.
2080     Section 67.  Paragraph (d) of subsection (2) of section
2081372.672, Florida Statutes, is amended to read:
2082     372.672  Florida Panther Research and Management Trust
2083Fund.--
2084     (2)  Money from the fund shall be spent only for the
2085following purposes:
2086     (d)  To fund and administer education programs authorized
2087in s. 372.674.
2088     Section 68.  Subsection (2) of section 373.0391, Florida
2089Statutes, is amended to read:
2090     373.0391  Technical Assistance to local governments.--
2091     (2)  By July 1, 1991, Each water management district shall
2092prepare and provide information and data to assist local
2093governments in the preparation and implementation of their local
2094government comprehensive plans or public facilities report as
2095required by s. 189.415, whichever is applicable. Such
2096information and data shall include, but not be limited to:
2097     (a)  All information and data required in a public
2098facilities report pursuant to s. 189.415.
2099     (b)  A description of regulations, programs, and schedules
2100implemented by the district.
2101     (c)  Identification of regulations, programs, and schedules
2102undertaken or proposed by the district to further the State
2103Comprehensive Plan.
2104     (d)  A description of surface water basins, including
2105regulatory jurisdictions, flood-prone areas, existing and
2106projected water quality in water management district operated
2107facilities, as well as surface water runoff characteristics and
2108topography regarding flood plains, wetlands, and recharge areas.
2109     (e)  A description of groundwater characteristics,
2110including existing and planned wellfield sites, existing and
2111anticipated cones of influence, highly productive groundwater
2112areas, aquifer recharge areas, deep well injection zones,
2113contaminated areas, an assessment of regional water resource
2114needs and sources for the next 20 years, and water quality.
2115     (f)  The identification of existing and potential water
2116management district land acquisitions.
2117     (g)  Information reflecting the minimum flows for surface
2118watercourses to avoid harm to water resources or the ecosystem
2119and information reflecting the minimum water levels for aquifers
2120to avoid harm to water resources or the ecosystem.
2121     Section 69.  Subsection (4) of section 373.046, Florida
2122Statutes, is amended to read:
2123     373.046  Interagency agreements.--
2124     (4)  The Legislature recognizes and affirms the division of
2125responsibilities between the department and the water management
2126districts as set forth in ss. III. and X. of each of the
2127operating agreements codified as rules 17-101.040(12)(a)3., 4.,
2128and 5., Florida Administrative Code. Section IV.A.2.a. of each
2129operating agreement regarding individual permit oversight is
2130rescinded. The department shall be responsible for permitting
2131those activities under part IV of this chapter which, because of
2132their complexity and magnitude, need to be economically and
2133efficiently evaluated at the state level, including, but not
2134limited to, mining, hazardous waste management facilities and
2135solid waste management facilities that do not qualify for a
2136general permit under chapter 403. With regard to
2137postcertification information submittals for activities
2138authorized under chapters 341 and 403 siting act certifications,
2139the department, after consultation with the appropriate water
2140management district and other agencies having applicable
2141regulatory jurisdiction, shall be responsible for determining
2142the permittee's compliance with conditions of certification
2143which were based upon the nonprocedural requirements of part IV
2144of this chapter. The Legislature authorizes the water management
2145districts and the department to modify the division of
2146responsibilities referenced in this section and enter into
2147further interagency agreements by rulemaking, including
2148incorporation by reference, pursuant to chapter 120, to provide
2149for greater efficiency and to avoid duplication in the
2150administration of part IV of this chapter by designating certain
2151activities which will be regulated by either the water
2152management districts or the department. In developing such
2153interagency agreements, the water management districts and the
2154department should take into consideration the technical and
2155fiscal ability of each water management district to implement
2156all or some of the provisions of part IV of this chapter.
2157Nothing herein rescinds or restricts the authority of the
2158districts to regulate silviculture and agriculture pursuant to
2159part IV of this chapter or s. 403.927. By December 10, 1993, the
2160secretary of the department shall submit a report to the
2161President of the Senate and the Speaker of the House of
2162Representatives regarding the efficiency of the procedures and
2163the division of responsibilities contemplated by this subsection
2164and regarding progress toward the execution of further
2165interagency agreements and the integration of permitting with
2166sovereignty lands approval. The report also will consider the
2167feasibility of improving the protection of the environment
2168through comprehensive criteria for protection of natural
2169systems.
2170     Section 70.  Paragraph (f) of subsection (1) of section
2171373.1963, Florida Statutes, is amended to read:
2172     373.1963  Assistance to West Coast Regional Water Supply
2173Authority.--
2174     (1)  It is the intent of the Legislature to authorize the
2175implementation of changes in governance recommended by the West
2176Coast Regional Water Supply Authority in its reports to the
2177Legislature dated February 1, 1997, and January 5, 1998. The
2178authority and its member governments may reconstitute the
2179authority's governance and rename the authority under a
2180voluntary interlocal agreement with a term of not less than 20
2181years. The interlocal agreement must comply with this subsection
2182as follows:
2183     (f)  Upon execution of the voluntary interlocal agreement
2184provided for herein, the authority shall jointly develop with
2185the Southwest Florida Water Management District alternative
2186sources of potable water and transmission pipelines to
2187interconnect regionally significant water supply sources and
2188facilities of the authority in amounts sufficient to meet the
2189needs of all member governments for a period of at least 20
2190years and for natural systems. Nothing herein, however, shall
2191preclude the authority and its member governments from
2192developing traditional water sources pursuant to the voluntary
2193interlocal agreement. Development and construction costs for
2194alternative source facilities, which may include a desalination
2195facility and significant regional interconnects, must be borne
2196as mutually agreed to by both the authority and the Southwest
2197Florida Water Management District. Nothing herein shall preclude
2198authority or district cost sharing with private entities for the
2199construction or ownership of alternative source facilities. By
2200December 31, 1997, the authority and the Southwest Florida Water
2201Management District shall:
2202     1.  Enter into a mutually acceptable agreement detailing
2203the development and implementation of directives contained in
2204this paragraph; or
2205     2.  Jointly prepare and submit to the President of the
2206Senate and the Speaker of the House of Representatives a report
2207describing the progress made and impediments encountered in
2208their attempts to implement the water resource development and
2209water supply development directives contained in this paragraph.
2210
2211Nothing in this section shall be construed to modify the rights
2212or responsibilities of the authority or its member governments,
2213except as otherwise provided herein, or of the Southwest Florida
2214Water Management District or the department pursuant to this
2215chapter or chapter 403 and as otherwise set forth by statutes.
2216     Section 71.  Subsection (14) of section 376.121, Florida
2217Statutes, is amended to read:
2218     376.121  Liability for damage to natural resources.--The
2219Legislature finds that extensive damage to the state's natural
2220resources is the likely result of a pollutant discharge and that
2221it is essential that the state adequately assess and recover the
2222cost of such damage from responsible parties. It is the state's
2223goal to recover the costs of restoration from the responsible
2224parties and to restore damaged natural resources to their
2225predischarge condition. In many instances, however, restoration
2226is not technically feasible. In such instances, the state has
2227the responsibility to its citizens to recover the cost of all
2228damage to natural resources. To ensure that the public does not
2229bear a substantial loss as a result of the destruction of
2230natural resources, the procedures set out in this section shall
2231be used to assess the cost of damage to such resources. Natural
2232resources include coastal waters, wetlands, estuaries, tidal
2233flats, beaches, lands adjoining the seacoasts of the state, and
2234all living things except human beings. The Legislature
2235recognizes the difficulty historically encountered in
2236calculating the value of damaged natural resources. The value of
2237certain qualities of the state's natural resources is not
2238readily quantifiable, yet the resources and their qualities have
2239an intrinsic value to the residents of the state, and any damage
2240to natural resources and their qualities should not be dismissed
2241as nonrecoverable merely because of the difficulty in
2242quantifying their value. In order to avoid unnecessary
2243speculation and expenditure of limited resources to determine
2244these values, the Legislature hereby establishes a schedule for
2245compensation for damage to the state's natural resources and the
2246quality of said resources.
2247     (14)  The department must review the amount of compensation
2248assessed pursuant to the damage assessment formula established
2249in this section and report its findings to the 1995 Legislature.
2250Thereafter, the department must conduct such a review and report
2251its findings to the Legislature biennially.
2252     Section 72.  Section 376.17, Florida Statutes, is repealed.
2253     Section 73.  Subsection (5) of section 376.30713, Florida
2254Statutes, is amended to read:
2255     376.30713  Preapproved advanced cleanup.--
2256     (5)  By December 31, 1998, the department shall submit a
2257report to the Governor, the President of the Senate, and the
2258Speaker of the House of Representatives on the progress and
2259level of activity under the provisions of this section. The
2260report shall include the following information:
2261     (a)  A list of sites under a preapproved advanced cleanup
2262contract, to be identified by the facility number.
2263     (b)  The total number of preapproved advanced cleanup
2264applications submitted to the department.
2265     (c)  The priority ranking scores of each participating
2266site.
2267     (d)  The total amount of contract work authorized and
2268conducted for each site and the percentage and amount of cost
2269share.
2270     (e)  The total revenues received under the provisions of
2271this section.
2272     (f)  The annual costs of administering the provisions of
2273this section.
2274     (g)  The recommended annual budget for the provisions of
2275this section.
2276     Section 74.  Paragraph (f) of subsection (3) of section
2277377.703, Florida Statutes, is amended to read:
2278     377.703  Additional functions of the Department of
2279Environmental Protection; energy emergency contingency plan;
2280federal and state conservation programs.--
2281     (3)  DEPARTMENT OF ENVIRONMENTAL PROTECTION; DUTIES.--The
2282Department of Environmental Protection shall, in addition to
2283assuming the duties and responsibilities provided by ss. 20.255
2284and 377.701, perform the following functions consistent with the
2285development of a state energy policy:
2286     (f)  The department shall make a report, as requested by
2287the Governor or the Legislature, reflecting its activities and
2288making recommendations of policies for improvement of the
2289state's response to energy supply and demand and its effect on
2290the health, safety, and welfare of the people of Florida. The
2291report shall include a report from the Florida Public Service
2292Commission on electricity and natural gas and information on
2293energy conservation programs conducted and under way in the past
2294year and shall include recommendations for energy conservation
2295programs for the state, including, but not limited to, the
2296following factors:
2297     1.  Formulation of specific recommendations for improvement
2298in the efficiency of energy utilization in governmental,
2299residential, commercial, industrial, and transportation sectors.
2300     2.  Collection and dissemination of information relating to
2301energy conservation.
2302     3.  Development and conduct of educational and training
2303programs relating to energy conservation.
2304     4.  An analysis of the ways in which state agencies are
2305seeking to implement s. 377.601(4), the state energy policy, and
2306recommendations for better fulfilling this policy.
2307     Section 75.  Subsection (3) of section 380.0677, Florida
2308Statutes, is amended to read:
2309     380.0677  Green Swamp Land Authority.--
2310     (3)  POWERS; BUDGET; GOVERNOR'S APPROVAL OF PROPOSED
2311ACQUISITIONS.--The Green Swamp Land Authority shall have all the
2312powers pursuant to s. 380.0666, except that it may not issue
2313bonds and must annually submit its budget to the Governor and
2314the Legislature for review. In addition, the authority must
2315annually submit a list of proposed acquisitions to the Governor
2316for review and approval. The Governor may remove proposed
2317acquisitions from the list, with cause, if the Governor
2318determines such acquisitions would not further the mission of
2319the authority. By September 5 of the fiscal year in which the
2320authority's budget is submitted, the chairpersons of the
2321appropriations committees of the Senate and the House of
2322Representatives may transmit to the Governor and the authority
2323comments on and objections to the proposed budget. The Governor
2324shall respond in writing to the comments and objections.
2325     Section 76.  Paragraph (b) of subsection (11) of section
2326259.041, Florida Statutes, is amended to read:
2327     259.041  Acquisition of state-owned lands for preservation,
2328conservation, and recreation purposes.--
2329     (11)
2330     (b)  All project applications shall identify, within their
2331acquisition plans, those projects which require a full fee
2332simple interest to achieve the public policy goals, together
2333with the reasons full title is determined to be necessary. The
2334state agencies and the water management districts may use
2335alternatives to fee simple acquisition to bring the remaining
2336projects in their acquisition plans under public protection. For
2337the purposes of this subsection, the term "alternatives to fee
2338simple acquisition" includes, but is not limited to: purchase of
2339development rights; obtaining conservation easements; obtaining
2340flowage easements; purchase of timber rights, mineral rights, or
2341hunting rights; purchase of agricultural interests or
2342silvicultural interests; entering into land protection
2343agreements as defined in s. 380.0677(3)(4); fee simple
2344acquisitions with reservations; creating life estates; or any
2345other acquisition technique which achieves the public policy
2346goals listed in paragraph (a). It is presumed that a private
2347landowner retains the full range of uses for all the rights or
2348interests in the landowner's land which are not specifically
2349acquired by the public agency. The lands upon which hunting
2350rights are specifically acquired pursuant to this paragraph
2351shall be available for hunting in accordance with the management
2352plan or hunting regulations adopted by the Florida Fish and
2353Wildlife Conservation Commission, unless the hunting rights are
2354purchased specifically to protect activities on adjacent lands.
2355     Section 77.  Paragraph (c) of subsection (3) of section
2356259.101, Florida Statutes, is amended to read:
2357     259.101  Florida Preservation 2000 Act.--
2358     (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
2359costs of issuance, the costs of funding reserve accounts, and
2360other costs with respect to the bonds, the proceeds of bonds
2361issued pursuant to this act shall be deposited into the Florida
2362Preservation 2000 Trust Fund created by s. 375.045. In fiscal
2363year 2000-2001, for each Florida Preservation 2000 program
2364described in paragraphs (a)-(g), that portion of each program's
2365total remaining cash balance which, as of June 30, 2000, is in
2366excess of that program's total remaining appropriation balances
2367shall be redistributed by the department and deposited into the
2368Save Our Everglades Trust Fund for land acquisition. For
2369purposes of calculating the total remaining cash balances for
2370this redistribution, the Florida Preservation 2000 Series 2000
2371bond proceeds, including interest thereon, and the fiscal year
23721999-2000 General Appropriations Act amounts shall be deducted
2373from the remaining cash and appropriation balances,
2374respectively. The remaining proceeds shall be distributed by the
2375Department of Environmental Protection in the following manner:
2376     (c)  Ten percent to the Department of Community Affairs to
2377provide land acquisition grants and loans to local governments
2378through the Florida Communities Trust pursuant to part III of
2379chapter 380. From funds allocated to the trust, $3 million
2380annually shall be used by the Division of State Lands within the
2381Department of Environmental Protection to implement the Green
2382Swamp Land Protection Initiative specifically for the purchase
2383of conservation easements, as defined in s. 380.0677(3)(4), of
2384lands, or severable interests or rights in lands, in the Green
2385Swamp Area of Critical State Concern. From funds allocated to
2386the trust, $3 million annually shall be used by the Monroe
2387County Comprehensive Plan Land Authority specifically for the
2388purchase of any real property interest in either those lands
2389subject to the Rate of Growth Ordinances adopted by local
2390governments in Monroe County or those lands within the boundary
2391of an approved Conservation and Recreation Lands project located
2392within the Florida Keys or Key West Areas of Critical State
2393Concern; however, title to lands acquired within the boundary of
2394an approved Conservation and Recreation Lands project may, in
2395accordance with an approved joint acquisition agreement, vest in
2396the Board of Trustees of the Internal Improvement Trust Fund. Of
2397the remaining funds allocated to the trust after the above
2398transfers occur, one-half shall be matched by local governments
2399on a dollar-for-dollar basis. To the extent allowed by federal
2400requirements for the use of bond proceeds, the trust shall
2401expend Preservation 2000 funds to carry out the purposes of part
2402III of chapter 380.
2403
2404Local governments may use federal grants or loans, private
2405donations, or environmental mitigation funds, including
2406environmental mitigation funds required pursuant to s. 338.250,
2407for any part or all of any local match required for the purposes
2408described in this subsection. Bond proceeds allocated pursuant
2409to paragraph (c) may be used to purchase lands on the priority
2410lists developed pursuant to s. 259.035. Title to lands purchased
2411pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
2412vested in the Board of Trustees of the Internal Improvement
2413Trust Fund. Title to lands purchased pursuant to paragraph (c)
2414may be vested in the Board of Trustees of the Internal
2415Improvement Trust Fund. The board of trustees shall hold title
2416to land protection agreements and conservation easements that
2417were or will be acquired pursuant to s. 380.0677, and the
2418Southwest Florida Water Management District and the St. Johns
2419River Water Management District shall monitor such agreements
2420and easements within their respective districts until the state
2421assumes this responsibility.
2422     Section 78.  Subsection (3) of section 381.0011, Florida
2423Statutes, is amended to read:
2424     381.0011  Duties and powers of the Department of
2425Health.--It is the duty of the Department of Health to:
2426     (3)  Include in the department's strategic plan developed
2427under s. 186.021 a summary of all aspects of the public health
2428mission and health status objectives to direct the use of public
2429health resources with an emphasis on prevention.
2430     Section 79.  Section 381.0036, Florida Statutes, is
2431repealed.
2432     Section 80.  Section 381.732, Florida Statutes, is amended
2433to read:
2434     381.732  Short title; Healthy Communities, Healthy People
2435Act.--This section and ss. 381.733 and 381.734 Sections 381.731-
2436381.731-381.734 may be cited as the "Healthy Communities,
2437Healthy People Act."
2438     Section 81.  Section 381.733, Florida Statutes, is amended
2439to read:
2440     381.733  Definitions relating to Healthy Communities,
2441Healthy People Act.--As used in ss. 381.732-381.734 381.731-
2442381.731-381.734, the term:
2443     (1)  "Department" means the Department of Health.
2444     (2)  "Primary prevention" means interventions directed
2445toward healthy populations with a focus on avoiding disease
2446prior to its occurrence.
2447     (3)  "Secondary prevention" means interventions designed to
2448promote the early detection and treatment of diseases and to
2449reduce the risks experienced by at-risk populations.
2450     (4)  "Tertiary prevention" means interventions directed at
2451rehabilitating and minimizing the effects of disease in a
2452chronically ill population.
2453     Section 82.  Section 381.795, Florida Statutes, is amended
2454to read:
2455     381.795  Long-term community-based supports.--The
2456department shall, contingent upon specific appropriations for
2457these purposes, establish:
2458     (1)  Study the long-term needs for community-based supports
2459and services for individuals who have sustained traumatic brain
2460or spinal cord injuries. The purpose of this study is to prevent
2461inappropriate residential and institutional placement of these
2462individuals, and promote placement in the most cost effective
2463and least restrictive environment. Any placement recommendations
2464for these individuals shall ensure full utilization of and
2465collaboration with other state agencies, programs, and community
2466partners. This study shall be submitted to the Governor, the
2467President of the Senate, and the Speaker of the House of
2468Representatives not later than December 31, 2000.
2469     (2)  Based upon the results of this study, establish a plan
2470for the implementation of a program of long-term community-based
2471supports and services for individuals who have sustained
2472traumatic brain or spinal cord injuries who may be subject to
2473inappropriate residential and institutional placement as a
2474direct result of such injuries.
2475     (1)(a)  The program shall be payor of last resort for
2476program services, and expenditures for such services shall be
2477considered funded services for purposes of s. 381.785; however,
2478notwithstanding s. 381.79(5), proceeds resulting from this
2479section subsection shall be used solely for this program.
2480     (2)(b)  The department shall create, by rule, procedures to
2481ensure, that in the event the program is unable to directly or
2482indirectly provide such services to all eligible individuals due
2483to lack of funds, those individuals most at risk to suffer the
2484greatest harm from an imminent inappropriate residential or
2485institutional placement are served first.
2486     (3)(c)  Every applicant or recipient of the long-term
2487community-based supports and services program shall have been a
2488resident of the state for 1 year immediately preceding
2489application and be a resident of the state at the time of
2490application.
2491     (4)(d)  The department shall adopt rules pursuant to ss.
2492120.536(1) and 120.54 to implement the provision of this section
2493subsection.
2494     Section 83.  Paragraph (a) of subsection (7) of section
2495381.90, Florida Statutes, is amended to read:
2496     381.90  Health Information Systems Council; legislative
2497intent; creation, appointment, duties.--
2498     (7)  The council's duties and responsibilities include, but
2499are not limited to, the following:
2500     (a)  By June 1 of each year, to develop and approve a
2501strategic plan pursuant to the requirements set forth in s.
2502186.022.
2503     Section 84.  Section 381.931, Florida Statutes, is amended
2504to read:
2505     381.931  Annual report on Medicaid expenditures;
2506monitoring; limiting screenings.--The Department of Health and
2507the Agency for Health Care Administration shall monitor the
2508total Medicaid expenditures for services made under this act. If
2509Medicaid expenditures are projected to exceed the amount
2510appropriated by the Legislature, the Department of Health shall
2511limit the number of screenings to ensure Medicaid expenditures
2512do not exceed the amount appropriated. The Department of Health,
2513in cooperation with the Agency for Health Care Administration,
2514shall prepare an annual report that must include the number of
2515women screened; the percentage of positive and negative
2516outcomes; the number of referrals to Medicaid and other
2517providers for treatment services; the estimated number of women
2518who are not screened or not served by Medicaid due to funding
2519limitations, if any; the cost of Medicaid treatment services;
2520and the estimated cost of treatment services for women who were
2521not screened or referred for treatment due to funding
2522limitations. The report shall be submitted to the President of
2523the Senate, the Speaker of the House of Representatives, and the
2524Executive Office of the Governor by March 1 of each year.
2525     Section 85.  Subsection (6) of section 383.19, Florida
2526Statutes, is amended to read:
2527     383.19  Standards; funding; ineligibility.--
2528     (6)  Each hospital which contracts with the department to
2529provide services under the terms of ss. 383.15-383.21 shall
2530prepare and submit to the department an annual report that
2531includes, but is not limited to, the number of clients served
2532and the costs of services in the center. The department shall
2533annually conduct a programmatic and financial evaluation of each
2534center.
2535     Section 86.  Section 383.21, Florida Statutes, is repealed.
2536     Section 87.  Section 383.2161, Florida Statutes, is amended
2537to read:
2538     383.2161  Maternal and child health report.--The Department
2539of Health annually shall annually compile and analyze the risk
2540information collected by the Office of Vital Statistics and the
2541district prenatal and infant care coalitions and shall maintain
2542county and statewide data on prepare and submit to the
2543Legislature by January 2 a report that includes, but is not
2544limited to:
2545     (1)  The number of families identified as families at
2546potential risk.;
2547     (2)  The number of families that receive family outreach
2548services.;
2549     (3)  The increase in demand for services.; and
2550     (4)  The unmet need for services for identified target
2551groups.
2552     Section 88.  Subsection (6) of section 384.25, Florida
2553Statutes, is amended to read:
2554     384.25  Reporting required.--
2555     (6)  The department shall by February 1 of each year submit
2556to the Legislature an annual report relating to all information
2557obtained pursuant to this section.
2558     Section 89.  Subsection (4) of section 394.4573, Florida
2559Statutes, is amended to read:
2560     394.4573  Continuity of care management system; measures of
2561performance; reports.--
2562     (4)  The department is directed to submit a report to the
2563Legislature, prior to April 1 of each year, outlining
2564departmental progress towards the implementation of the minimum
2565staffing patterns' standards in state mental health treatment
2566facilities. The report shall contain, by treatment facility,
2567information regarding goals and objectives and departmental
2568performance toward meeting each such goal and objective.
2569     Section 90.  Subsection (1) of section 394.4985, Florida
2570Statutes, is amended to read:
2571     394.4985  Districtwide information and referral network;
2572implementation.--
2573     (1)  Each service district of the Department of Children
2574and Family Services shall develop a detailed implementation plan
2575for a districtwide comprehensive child and adolescent mental
2576health information and referral network to be operational by
2577July 1, 1999. The plan must include an operating budget that
2578demonstrates cost efficiencies and identifies funding sources
2579for the district information and referral network. The plan must
2580be submitted by the department to the Legislature by October 1,
25811998. The district shall use existing district information and
2582referral providers if, in the development of the plan, it is
2583concluded that these providers would deliver information and
2584referral services in a more efficient and effective manner when
2585compared to other alternatives. The district information and
2586referral network must include:
2587     (a)  A resource file that contains information about the
2588child and adolescent mental health services as described in s.
2589394.495, including, but not limited to:
2590     1.  Type of program;
2591     2.  Hours of service;
2592     3.  Ages of persons served;
2593     4.  Program description;
2594     5.  Eligibility requirements; and
2595     6.  Fees.
2596     (b)  Information about private providers and professionals
2597in the community which serve children and adolescents with an
2598emotional disturbance.
2599     (c)  A system to document requests for services that are
2600received through the network referral process, including, but
2601not limited to:
2602     1.  Number of calls by type of service requested;
2603     2.  Ages of the children and adolescents for whom services
2604are requested; and
2605     3.  Type of referral made by the network.
2606     (d)  The ability to share client information with the
2607appropriate community agencies.
2608     (e)  The submission of an annual report to the department,
2609the Agency for Health Care Administration, and appropriate local
2610government entities, which contains information about the
2611sources and frequency of requests for information, types and
2612frequency of services requested, and types and frequency of
2613referrals made.
2614     Section 91.  Section 394.75, Florida Statutes, is amended
2615to read:
2616     394.75  State and district substance abuse and mental
2617health plans.--
2618     (1)(a)  Every 3 years, beginning in 2001, The department,
2619in consultation with the Medicaid program in the Agency for
2620Health Care Administration and the Florida Substance Abuse and
2621Mental Health Corporation, shall prepare a state master plan for
2622the delivery and financing of a system of publicly funded,
2623community-based substance abuse and mental health services
2624throughout the state. The state plan must include:
2625     (b)  The initial plan must include an assessment of the
2626clinical practice guidelines and standards for community-based
2627mental health and substance abuse services delivered by persons
2628or agencies under contract with the Department of Children and
2629Family Services. The assessment must include an inventory of
2630current clinical guidelines and standards used by persons and
2631agencies under contract with the department, and by nationally
2632recognized accreditation organizations, to address the quality
2633of care and must specify additional clinical practice standards
2634and guidelines for new or existing services and programs.
2635     (a)(c)  Proposed The plan must propose changes in
2636department policy or statutory revisions to strengthen the
2637quality of mental health and substance abuse treatment and
2638support services.
2639     (b)(d)  The plan must identify Strategies for meeting the
2640treatment and support needs of children, adolescents, adults,
2641and older adults who have, or are at risk of having, mental,
2642emotional, or substance abuse problems as defined in this
2643chapter or chapter 397.
2644     (c)(e)  The plan must include Input from persons who
2645represent local communities; local government entities that
2646contribute funds to the local substance abuse and mental health
2647treatment systems; consumers of publicly funded substance abuse
2648and mental health services, and their families; and stakeholders
2649interested in mental health and substance abuse services. The
2650plan must describe the means by which this local input occurred.
2651The plan shall be updated annually.
2652     (f)  The plan must include statewide policies and planning
2653parameters that will be used by the health and human services
2654boards in preparing the district substance abuse and mental
2655health plans.
2656     (g)  The district plans shall be one component of the state
2657master plan.
2658     (2)  The state master plan shall also include:
2659     (a)  A proposal for the development of a data system that
2660will evaluate the effectiveness of programs and services
2661provided to clients of the substance abuse and mental health
2662service system.
2663     (b)  A proposal to resolve the funding discrepancies
2664between districts.
2665     (d)(c)  A methodology for the allocation of resources
2666available from federal, state, and local sources and a
2667description of the current level of funding available from each
2668source.
2669     (e)(d)  A description of the statewide priorities for
2670clients and services, and each district's priorities for clients
2671and services.
2672     (e)  Recommendations for methods of enhancing local
2673participation in the planning, organization, and financing of
2674substance abuse and mental health services.
2675     (f)  A description of the current methods of contracting
2676for services, an assessment of the efficiency of these methods
2677in providing accountability for contracted funds, and
2678recommendations for improvements to the system of contracting.
2679     (f)(g)  Recommendations for improving access to services by
2680clients and their families.
2681     (h)  Guidelines and formats for the development of district
2682plans.
2683     (g)(i)  Recommendations for future directions for the
2684substance abuse and mental health service delivery system.
2685     (2)  A schedule, format, and procedure for development, and
2686review, and update of the state master plan shall be adopted by
2687the department by June of each year. The plan and annual updates
2688shall must be submitted to the Governor , the President of the
2689Senate, and the Speaker of the House of Representatives
2690beginning February 10, 2006, and every third year thereafter
2691President of the Senate and the Speaker of the House of
2692Representatives by January 1 of each year, beginning January 1,
26932001.
2694     (3)  Each The district health and human services board
2695shall prepare an integrated district substance abuse and mental
2696health plan. The plan shall be prepared and updated on a
2697schedule established by the Assistant Secretary for Substance
2698Abuse Alcohol, Drug Abuse, and Mental Health Program Office. The
2699plan shall reflect the needs and program priorities established
2700by the department and the needs of the district established
2701under ss. 394.674 and 394.675. The district plan must list in
2702order of priority the mental health and the substance abuse
2703treatment needs of the district and must rank each program
2704separately. The plan shall include:
2705     (a)  A record of the total amount of money available in the
2706district for mental health and substance abuse services.
2707     (b)  A description of each service that will be purchased
2708with state funds.
2709     (c)  A record of the amount of money allocated for each
2710service identified in the plan as being purchased with state
2711funds.
2712     (d)  A record of the total funds allocated to each
2713provider.
2714     (e)  A record of the total funds allocated to each provider
2715by type of service to be purchased with state funds.
2716     (a)(f)  Include input from community-based persons,
2717organizations, and agencies interested in substance abuse and
2718mental health treatment services; local government entities that
2719contribute funds to the public substance abuse and mental health
2720treatment systems; and consumers of publicly funded substance
2721abuse and mental health services, and their family members. The
2722plan must describe the means by which this local input occurred.
2723
2724The plan shall be submitted by the district board to the
2725district administrator and to the governing bodies for review,
2726comment, and approval.
2727     (4)  The district plan shall:
2728     (a)  Describe the publicly funded, community-based
2729substance abuse and mental health system of care, and identify
2730statutorily defined populations, their service needs, and the
2731resources available and required to meet their needs.
2732     (b)  Provide the means for meeting the needs of the
2733district's eligible clients, specified in ss. 394.674 and
2734394.675, for substance abuse and mental health services.
2735     (b)(c)  Provide a process for coordinating the delivery of
2736services within a community-based system of care to eligible
2737clients. Such process must involve service providers, clients,
2738and other stakeholders. The process must also provide a means by
2739which providers will coordinate and cooperate to strengthen
2740linkages, achieve maximum integration of services, foster
2741efficiencies in service delivery and administration, and
2742designate responsibility for outcomes for eligible clients.
2743     (c)(d)  Provide a projection of district program and fiscal
2744needs for the next fiscal year, provide for the orderly and
2745economical development of needed services, and indicate
2746priorities and resources for each population served, performance
2747outcomes, and anticipated expenditures and revenues.
2748     (e)  Include a summary budget request for the total
2749district substance abuse and mental health program, which must
2750include the funding priorities established by the district
2751planning process.
2752     (f)  Provide a basis for the district legislative budget
2753request.
2754     (g)  Include a policy and procedure for allocation of
2755funds.
2756     (h)  Include a procedure for securing local matching funds.
2757Such a procedure shall be developed in consultation with
2758governing bodies and service providers.
2759     (d)(i)  Provide for the integration of substance abuse and
2760mental health services with the other departmental programs and
2761with the criminal justice, juvenile justice, child protection,
2762school, and health care systems within the district.
2763     (j)  Provide a plan for the coordination of services in
2764such manner as to ensure effectiveness and avoid duplication,
2765fragmentation of services, and unnecessary expenditures.
2766     (e)(k)  Provide for continuity of client care between state
2767treatment facilities and community programs to assure that
2768discharge planning results in the rapid application for all
2769benefits for which a client is eligible, including Medicaid
2770coverage for persons leaving state treatment facilities and
2771returning to community-based programs.
2772     (l)  Provide for the most appropriate and economical use of
2773all existing public and private agencies and personnel.
2774     (m)  Provide for the fullest possible and most appropriate
2775participation by existing programs; state hospitals and other
2776hospitals; city, county, and state health and family service
2777agencies; drug abuse and alcoholism programs; probation
2778departments; physicians; psychologists; social workers; marriage
2779and family therapists; mental health counselors; clinical social
2780workers; public health nurses; school systems; and all other
2781public and private agencies and personnel that are required to,
2782or may agree to, participate in the plan.
2783     (n)  Include an inventory of all public and private
2784substance abuse and mental health resources within the district,
2785including consumer advocacy groups and self-help groups known to
2786the department.
2787     (4)(5)  The district plan shall address how substance abuse
2788and mental health services will be provided and how a system of
2789care for target populations will be provided given the resources
2790available in the service district. The plan must include
2791provisions for providing the most appropriate and current
2792evidence-based services for persons with substance abuse
2793disorders and mental illnesses in a variety of settings
2794maximizing client access to the most recently developed
2795psychiatric medications approved by the United States Food and
2796Drug Administration, for developing independent housing units
2797through participation in the Section 811 program operated by the
2798United States Department of Housing and Urban Development, for
2799developing supported employment services through the Division of
2800Vocational Rehabilitation of the Department of Education, for
2801providing treatment services to persons with co-occurring mental
2802illness and substance abuse problems which are integrated across
2803treatment systems, and for providing services to adults who have
2804a serious mental illness, as defined in s. 394.67, and who
2805reside in assisted living facilities.
2806     (6)  The district plan shall provide the means by which the
2807needs of the population groups specified pursuant to s. 394.674
2808will be addressed in the district.
2809     (7)  In developing the district plan, optimum use shall be
2810made of any federal, state, and local funds that may be
2811available for substance abuse and mental health service
2812planning. However, the department must provide these services
2813within legislative appropriations.
2814     (8)  The district health and human services board shall
2815establish a subcommittee to prepare the portion of the district
2816plan relating to children and adolescents. The subcommittee
2817shall include representative membership of any committee
2818organized or established by the district to review placement of
2819children and adolescents in residential treatment programs. The
2820board shall establish a subcommittee to prepare the portion of
2821the district plan which relates to adult mental health and
2822substance abuse. The subcommittee must include representatives
2823from the community who have an interest in mental health and
2824substance abuse treatment for adults.
2825     (5)(9)  All departments of state government and all local
2826public agencies shall cooperate with officials to assist them in
2827service planning. Each district administrator shall, upon
2828request and the availability of staff, provide consultative
2829services to the local agency directors and governing bodies.
2830     (10)  The district administrator shall ensure that the
2831district plan:
2832     (a)  Conforms to the priorities in the state plan, the
2833requirements of this part, and the standards adopted under this
2834part;
2835     (b)  Ensures that the most effective and economical use
2836will be made of available public and private substance abuse and
2837mental health resources in the service district; and
2838     (c)  Has adequate provisions made for review and evaluation
2839of the services provided in the service district.
2840     (11)  The district administrator shall require such
2841modifications in the district plan as he or she deems necessary
2842to bring the plan into conformance with the provisions of this
2843part. If the district board and the district administrator
2844cannot agree on the plan, including the projected budget, the
2845issues under dispute shall be submitted directly to the
2846secretary of the department for immediate resolution.
2847     (12)  Each governing body that provides local funds has the
2848authority to require necessary modification to only that portion
2849of the district plan which affects substance abuse and mental
2850health programs and services within the jurisdiction of that
2851governing body.
2852     (13)  The district administrator shall report annually to
2853the district board the status of funding for priorities
2854established in the district plan. Each report must include:
2855     (a)  A description of the district plan priorities that
2856were included in the district legislative budget request.
2857     (b)  A description of the district plan priorities that
2858were included in the departmental budget request.
2859     (c)  A description of the programs and services included in
2860the district plan priorities that were appropriated funds by the
2861Legislature in the legislative session that preceded the report.
2862     Section 92.  Section 394.82, Florida Statutes, is repealed.
2863     Section 93.  Paragraph (a) of subsection (3) of section
2864394.655, Florida Statutes, is amended to read:
2865     394.655  The Substance Abuse and Mental Health Corporation;
2866powers and duties; composition; evaluation and reporting
2867requirements.--
2868     (3)(a)  The Florida Substance Abuse and Mental Health
2869Corporation shall be responsible for oversight of the publicly
2870funded substance abuse and mental health systems and for making
2871policy and resources recommendations which will improve the
2872coordination, quality, and efficiency of the system. Subject to
2873and consistent with direction set by the Legislature, the
2874corporation shall exercise the following responsibilities:
2875     1.  Review and assess the collection and analysis of needs
2876assessment data as described in s. 394.82.
2877     1.2.  Review and assess the status of the publicly funded
2878mental health and substance abuse systems and recommend policy
2879designed to improve coordination and effectiveness.
2880     2.3.  Provide mechanisms for substance abuse and mental
2881health stakeholders, including consumers, family members,
2882providers, and advocates to provide input concerning the
2883management of the overall system.
2884     3.4.  Recommend priorities for service expansion.
2885     4.5.  Prepare budget recommendations to be submitted to the
2886appropriate departments for consideration in the development of
2887their legislative budget requests and provide copies to the
2888Governor, the President of the Senate, and the Speaker of the
2889House of Representatives for their consideration.
2890     5.6.  Review data regarding the performance of the publicly
2891funded substance abuse and mental health systems.
2892     6.7.  Make recommendations concerning strategies for
2893improving the performance of the systems.
2894     7.8.  Review, assess, and forecast substance abuse and
2895mental health manpower needs and work with the department and
2896the educational system to establish policies, consistent with
2897the direction of the Legislature, which will ensure that the
2898state has the personnel it needs to continuously implement and
2899improve its services.
2900     Section 94.  Paragraph (h) of subsection (7) and subsection
2901(8) of section 394.9082, Florida Statutes, are amended to read:
2902     394.9082  Behavioral health service delivery strategies.--
2903     (7)  ESSENTIAL ELEMENTS.--
2904     (h)1.  The Department of Children and Family Services, in
2905consultation with the Agency for Health Care Administration,
2906shall prepare an amendment by October 31, 2001, to the 2001
2907master state plan required under s. 394.75(1), which describes
2908each service delivery strategy, including at least the following
2909details:
2910     a.  Operational design;
2911     b.  Counties or service districts included in each
2912strategy;
2913     c.  Expected outcomes; and
2914     d.  Timeframes.
2915     2.  The amendment shall specifically address the
2916application of each service delivery strategy to substance abuse
2917services, including:
2918     a.  The development of substance abuse service protocols;
2919     b.  Credentialing requirements for substance abuse
2920services; and
2921     c.  The development of new service models for individuals
2922with co-occurring mental health and substance abuse disorders.
2923     3.  The amendment must specifically address the application
2924of each service delivery strategy to the child welfare system,
2925including:
2926     a.  The development of service models that support working
2927with both children and their families in a community-based care
2928system and that are specific to the child welfare system.
2929     b.  A process for providing services to abused and
2930neglected children and their families as indicated in court-
2931ordered case plans.
2932     (8)  EXPANSION IN DISTRICTS 4 AND 12.--The department shall
2933work with community agencies to establish a single managing
2934entity for districts 4 and 12 accountable for the delivery of
2935substance abuse services to child protective services recipients
2936in the two districts. The purpose of this strategy is to enhance
2937the coordination of substance abuse services with community-
2938based care agencies and the department. The department shall
2939work with affected stakeholders to develop and implement a plan
2940that allows the phase-in of services beginning with the delivery
2941of substance abuse services, with phase-in of subsequent
2942substance abuse services agreed upon by the managing entity and
2943authorized by the department, providing the necessary technical
2944assistance to assure provider and district readiness for
2945implementation. When a single managing entity is established and
2946meets readiness requirements, the department may enter into a
2947noncompetitive contract with the entity. The department shall
2948maintain detailed information on the methodology used for
2949selection and a justification for the selection. Performance
2950objectives shall be developed which ensure that services that
2951are delivered directly affect and complement the child's
2952permanency plan. During the initial planning and implementation
2953phase of this project, the requirements in subsections (6) and
2954(7) are waived. Considering the critical substance abuse
2955problems experienced by many families in the child protection
2956system, the department shall initiate the implementation of the
2957substance abuse delivery component of this program without delay
2958and furnish status reports to the appropriate substantive
2959committees of the Senate and the House of Representatives no
2960later than February 29, 2004, and February 28, 2005. The
2961integration of all services agreed upon by the managing entity
2962and authorized by the department must be completed within 2
2963years after project initiation. Ongoing monitoring and
2964evaluation of this strategy shall be conducted in accordance
2965with subsection (9).
2966     Section 95.  Section 394.9083, Florida Statutes, is
2967repealed.
2968     Section 96.  Paragraph (c) of subsection (2) of section
2969395.807, Florida Statutes, is amended to read:
2970     395.807  Retention of family practice residents.--
2971     (2)
2972     (c)  The committee shall report to the Legislature
2973annually, beginning October 1, 1995, on the retention of family
2974practice residents in the state by family practice teaching
2975hospitals. The committee shall also track and report on the
2976placement of family practice physicians in medically underserved
2977areas.
2978     Section 97.  Subsections (1) and (20) of section 397.321,
2979Florida Statutes, are amended to read:
2980     397.321  Duties of the department.--The department shall:
2981     (1)  Develop a comprehensive state plan for the provision
2982of substance abuse services. The plan must include:
2983     (a)  Identification of incidence and prevalence of problems
2984related to substance abuse.
2985     (b)  Description of current services.
2986     (c)  Need for services.
2987     (d)  Cost of services.
2988     (e)  Priorities for funding.
2989     (f)  Strategies to address the identified needs and
2990priorities.
2991     (g)  Resource planning.
2992     (20)  The department may establish in District 9, in
2993cooperation with the Palm Beach County Board of County
2994Commissioners, a pilot project to serve in a managed care
2995arrangement non-Medicaid eligible persons who qualify to receive
2996substance abuse or mental health services from the department.
2997The department may contract with a not-for-profit entity to
2998conduct the pilot project. The results of the pilot project
2999shall be reported to the district administrator, and the
3000secretary 18 months after the initiation. The department shall
3001incur no additional administrative costs for the pilot project.
3002     Section 98.  Subsection (4) of section 397.333, Florida
3003Statutes, is amended to read:
3004     397.333  Statewide Drug Policy Advisory Council.--
3005     (4)(a)  The chairperson of the advisory council shall
3006appoint workgroups that include members of state agencies that
3007are not represented on the advisory council and shall solicit
3008input and recommendations from those state agencies. In
3009addition, the chairperson may appoint workgroups as necessary
3010from among the members of the advisory council in order to
3011efficiently address specific issues. A representative of a state
3012agency appointed to any workgroup shall be the head of the
3013agency, or his or her designee. The chairperson may designate
3014lead and contributing agencies within a workgroup.
3015     (b)  The advisory council shall submit a report to the
3016Governor, the President of the Senate, and the Speaker of the
3017House of Representatives by December 1 of each year which
3018contains a summary of the work of the council during that year
3019and the recommendations required under subsection (3). Interim
3020reports may be submitted at the discretion of the chairperson of
3021the advisory council.
3022     Section 99.  Subsection (1) of section 397.94, Florida
3023Statutes, is amended to read:
3024     397.94  Children's substance abuse services; information
3025and referral network.--
3026     (1)  Each service district of the department shall develop
3027a plan for and implement a districtwide comprehensive children's
3028substance abuse information and referral network to be
3029operational by July 1, 2000.
3030     Section 100.  Paragraph (f) of subsection (2) of section
3031400.0067, Florida Statutes, is amended to read:
3032     400.0067  State Long-Term Care Ombudsman Council; duties;
3033membership.--
3034     (2)  The State Long-Term Care Ombudsman Council shall:
3035     (f)  Prepare an annual report describing the activities
3036carried out by the ombudsman, and the State Long-Term Care
3037Ombudsman Council, and the local councils in the year for which
3038the report is prepared. The State Long-Term Care Ombudsman
3039Council shall submit the report to the Secretary of Elderly
3040Affairs. The secretary shall in turn submit the report to the
3041Commissioner of the United States Administration on Aging, the
3042Governor, the President of the Senate, the Speaker of the House
3043of Representatives, the minority leaders of the House and
3044Senate, the chairpersons of appropriate House and Senate
3045committees, the Secretary of Children and Family Services, and
3046the Secretary of Health Care Administration. The report shall be
3047submitted by the Secretary of Elderly Affairs at least 30 days
3048before the convening of the regular session of the Legislature
3049and shall, at a minimum:
3050     1.  Contain and analyze data collected concerning
3051complaints about and conditions in long-term care facilities and
3052the dispositions of such complaints.
3053     2.  Evaluate the problems experienced by residents of long-
3054term care facilities.
3055     3.  Contain recommendations for improving the quality of
3056life of the residents and for protecting the health, safety,
3057welfare, and rights of the residents.
3058     4.  Analyze the success of the ombudsman program during the
3059preceding year and identify the barriers that prevent the
3060optimal operation of the program. The report of the program's
3061successes shall also include address the relationship between
3062the state long-term care ombudsman program, the Department of
3063Elderly Affairs, the Agency for Health Care Administration, and
3064the Department of Children and Family Services, and an
3065assessment of how successfully the state long-term care
3066ombudsman program has carried out its responsibilities under the
3067Older Americans Act.
3068     5.  Provide policy and regulatory and legislative
3069recommendations to solve identified problems; resolve residents'
3070complaints; improve the quality of care and life of the
3071residents; protect the health, safety, welfare, and rights of
3072the residents; and remove the barriers to the optimal operation
3073of the state long-term care ombudsman program.
3074     6.  Contain recommendations from the local ombudsman
3075councils regarding program functions and activities.
3076     7.  Include a report on the activities of the legal
3077advocate and other legal advocates acting on behalf of the local
3078and state councils.
3079     Section 101.  Subsection (3) of section 400.0075, Florida
3080Statutes, is amended to read:
3081     400.0075  Complaint resolution procedures.--
3082     (3)  The state ombudsman council shall provide, as part of
3083its annual report required pursuant to s. 400.0067(2)(f),
3084information relating to the disposition of all complaints to the
3085Department of Elderly Affairs.
3086     Section 102.  Section 400.0089, Florida Statutes, is
3087amended to read:
3088     400.0089  Complaint Agency reports.--The Office of State
3089Long-Term Care Ombudsman Department of Elderly Affairs shall
3090maintain a statewide uniform reporting system to collect and
3091analyze data relating to complaints and conditions in long-term
3092care facilities and to residents, for the purpose of identifying
3093and resolving significant problems. The department and the State
3094Long-Term Care Ombudsman Council shall submit such data as part
3095of its annual report required pursuant to s. 400.0067(2)(f) to
3096the Agency for Health Care Administration, the Department of
3097Children and Family Services, the Florida Statewide Advocacy
3098Council, the Advocacy Center for Persons with Disabilities, the
3099Commissioner for the United States Administration on Aging, the
3100National Ombudsman Resource Center, and any other state or
3101federal entities that the ombudsman determines appropriate. The
3102office State Long-Term Care Ombudsman Council shall publish
3103quarterly and make readily available information pertaining to
3104the number and types of complaints received by the long-term
3105care ombudsman program and shall include such information in the
3106annual report required under s. 400.0067.
3107     Section 103.  Paragraph (b) of subsection (3) of section
3108400.407, Florida Statutes, is amended to read:
3109     400.407  License required; fee, display.--
3110     (3)  Any license granted by the agency must state the
3111maximum resident capacity of the facility, the type of care for
3112which the license is granted, the date the license is issued,
3113the expiration date of the license, and any other information
3114deemed necessary by the agency. Licenses shall be issued for one
3115or more of the following categories of care: standard, extended
3116congregate care, limited nursing services, or limited mental
3117health.
3118     (b)  An extended congregate care license shall be issued to
3119facilities providing, directly or through contract, services
3120beyond those authorized in paragraph (a), including acts
3121performed pursuant to part I of chapter 464 by persons licensed
3122thereunder, and supportive services defined by rule to persons
3123who otherwise would be disqualified from continued residence in
3124a facility licensed under this part.
3125     1.  In order for extended congregate care services to be
3126provided in a facility licensed under this part, the agency must
3127first determine that all requirements established in law and
3128rule are met and must specifically designate, on the facility's
3129license, that such services may be provided and whether the
3130designation applies to all or part of a facility. Such
3131designation may be made at the time of initial licensure or
3132relicensure, or upon request in writing by a licensee under this
3133part. Notification of approval or denial of such request shall
3134be made within 90 days after receipt of such request and all
3135necessary documentation. Existing facilities qualifying to
3136provide extended congregate care services must have maintained a
3137standard license and may not have been subject to administrative
3138sanctions during the previous 2 years, or since initial
3139licensure if the facility has been licensed for less than 2
3140years, for any of the following reasons:
3141     a.  A class I or class II violation;
3142     b.  Three or more repeat or recurring class III violations
3143of identical or similar resident care standards as specified in
3144rule from which a pattern of noncompliance is found by the
3145agency;
3146     c.  Three or more class III violations that were not
3147corrected in accordance with the corrective action plan approved
3148by the agency;
3149     d.  Violation of resident care standards resulting in a
3150requirement to employ the services of a consultant pharmacist or
3151consultant dietitian;
3152     e.  Denial, suspension, or revocation of a license for
3153another facility under this part in which the applicant for an
3154extended congregate care license has at least 25 percent
3155ownership interest; or
3156     f.  Imposition of a moratorium on admissions or initiation
3157of injunctive proceedings.
3158     2.  Facilities that are licensed to provide extended
3159congregate care services shall maintain a written progress
3160report on each person who receives such services, which report
3161describes the type, amount, duration, scope, and outcome of
3162services that are rendered and the general status of the
3163resident's health. A registered nurse, or appropriate designee,
3164representing the agency shall visit such facilities at least
3165quarterly to monitor residents who are receiving extended
3166congregate care services and to determine if the facility is in
3167compliance with this part and with rules that relate to extended
3168congregate care. One of these visits may be in conjunction with
3169the regular survey. The monitoring visits may be provided
3170through contractual arrangements with appropriate community
3171agencies. A registered nurse shall serve as part of the team
3172that inspects such facility. The agency may waive one of the
3173required yearly monitoring visits for a facility that has been
3174licensed for at least 24 months to provide extended congregate
3175care services, if, during the inspection, the registered nurse
3176determines that extended congregate care services are being
3177provided appropriately, and if the facility has no class I or
3178class II violations and no uncorrected class III violations.
3179Before such decision is made, the agency shall consult with the
3180long-term care ombudsman council for the area in which the
3181facility is located to determine if any complaints have been
3182made and substantiated about the quality of services or care.
3183The agency may not waive one of the required yearly monitoring
3184visits if complaints have been made and substantiated.
3185     3.  Facilities that are licensed to provide extended
3186congregate care services shall:
3187     a.  Demonstrate the capability to meet unanticipated
3188resident service needs.
3189     b.  Offer a physical environment that promotes a homelike
3190setting, provides for resident privacy, promotes resident
3191independence, and allows sufficient congregate space as defined
3192by rule.
3193     c.  Have sufficient staff available, taking into account
3194the physical plant and firesafety features of the building, to
3195assist with the evacuation of residents in an emergency, as
3196necessary.
3197     d.  Adopt and follow policies and procedures that maximize
3198resident independence, dignity, choice, and decisionmaking to
3199permit residents to age in place to the extent possible, so that
3200moves due to changes in functional status are minimized or
3201avoided.
3202     e.  Allow residents or, if applicable, a resident's
3203representative, designee, surrogate, guardian, or attorney in
3204fact to make a variety of personal choices, participate in
3205developing service plans, and share responsibility in
3206decisionmaking.
3207     f.  Implement the concept of managed risk.
3208     g.  Provide, either directly or through contract, the
3209services of a person licensed pursuant to part I of chapter 464.
3210     h.  In addition to the training mandated in s. 400.452,
3211provide specialized training as defined by rule for facility
3212staff.
3213     4.  Facilities licensed to provide extended congregate care
3214services are exempt from the criteria for continued residency as
3215set forth in rules adopted under s. 400.441. Facilities so
3216licensed shall adopt their own requirements within guidelines
3217for continued residency set forth by the department in rule.
3218However, such facilities may not serve residents who require 24-
3219hour nursing supervision. Facilities licensed to provide
3220extended congregate care services shall provide each resident
3221with a written copy of facility policies governing admission and
3222retention.
3223     5.  The primary purpose of extended congregate care
3224services is to allow residents, as they become more impaired,
3225the option of remaining in a familiar setting from which they
3226would otherwise be disqualified for continued residency. A
3227facility licensed to provide extended congregate care services
3228may also admit an individual who exceeds the admission criteria
3229for a facility with a standard license, if the individual is
3230determined appropriate for admission to the extended congregate
3231care facility.
3232     6.  Before admission of an individual to a facility
3233licensed to provide extended congregate care services, the
3234individual must undergo a medical examination as provided in s.
3235400.426(4) and the facility must develop a preliminary service
3236plan for the individual.
3237     7.  When a facility can no longer provide or arrange for
3238services in accordance with the resident's service plan and
3239needs and the facility's policy, the facility shall make
3240arrangements for relocating the person in accordance with s.
3241400.428(1)(k).
3242     8.  Failure to provide extended congregate care services
3243may result in denial of extended congregate care license
3244renewal.
3245     9.  No later than January 1 of each year, the department,
3246in consultation with the agency, shall prepare and submit to the
3247Governor, the President of the Senate, the Speaker of the House
3248of Representatives, and the chairs of appropriate legislative
3249committees, a report on the status of, and recommendations
3250related to, extended congregate care services. The status report
3251must include, but need not be limited to, the following
3252information:
3253     a.  A description of the facilities licensed to provide
3254such services, including total number of beds licensed under
3255this part.
3256     b.  The number and characteristics of residents receiving
3257such services.
3258     c.  The types of services rendered that could not be
3259provided through a standard license.
3260     d.  An analysis of deficiencies cited during licensure
3261inspections.
3262     e.  The number of residents who required extended
3263congregate care services at admission and the source of
3264admission.
3265     f.  Recommendations for statutory or regulatory changes.
3266     g.  The availability of extended congregate care to state
3267clients residing in facilities licensed under this part and in
3268need of additional services, and recommendations for
3269appropriations to subsidize extended congregate care services
3270for such persons.
3271     h.  Such other information as the department considers
3272appropriate.
3273     Section 104.  Subsection (13) of section 400.419, Florida
3274Statutes, is amended to read:
3275     400.419  Violations; imposition of administrative fines;
3276grounds.--
3277     (13)  The agency shall develop and disseminate an annual
3278list of all facilities sanctioned or fined $5,000 or more for
3279violations of state standards, the number and class of
3280violations involved, the penalties imposed, and the current
3281status of cases. The list shall be disseminated, at no charge,
3282to the Department of Elderly Affairs, the Department of Health,
3283the Department of Children and Family Services, the Agency for
3284Persons with Disabilities, the area agencies on aging, the
3285Florida Statewide Advocacy Council, and the state and local
3286ombudsman councils. The Department of Children and Family
3287Services shall disseminate the list to service providers under
3288contract to the department who are responsible for referring
3289persons to a facility for residency. The agency may charge a fee
3290commensurate with the cost of printing and postage to other
3291interested parties requesting a copy of this list.
3292     Section 105.  Subsection (4) of section 400.441, Florida
3293Statutes, is amended to read:
3294     400.441  Rules establishing standards.--
3295     (4)  The agency may use an abbreviated biennial standard
3296licensure inspection that consists of a review of key quality-
3297of-care standards in lieu of a full inspection in facilities
3298which have a good record of past performance. However, a full
3299inspection shall be conducted in facilities which have had a
3300history of class I or class II violations, uncorrected class III
3301violations, confirmed ombudsman council complaints, or confirmed
3302licensure complaints, within the previous licensure period
3303immediately preceding the inspection or when a potentially
3304serious problem is identified during the abbreviated inspection.
3305The agency, in consultation with the department, shall develop
3306the key quality-of-care standards with input from the State
3307Long-Term Care Ombudsman Council and representatives of provider
3308groups for incorporation into its rules. The department, in
3309consultation with the agency, shall report annually to the
3310Legislature concerning its implementation of this subsection.
3311The report shall include, at a minimum, the key quality-of-care
3312standards which have been developed; the number of facilities
3313identified as being eligible for the abbreviated inspection; the
3314number of facilities which have received the abbreviated
3315inspection and, of those, the number that were converted to full
3316inspection; the number and type of subsequent complaints
3317received by the agency or department on facilities which have
3318had abbreviated inspections; any recommendations for
3319modification to this subsection; any plans by the agency to
3320modify its implementation of this subsection; and any other
3321information which the department believes should be reported.
3322     Section 106.  Subsection (2) of section 400.967, Florida
3323Statutes, is amended to read:
3324     400.967  Rules and classification of deficiencies.--
3325     (2)  Pursuant to the intention of the Legislature, the
3326agency, in consultation with the Agency for Persons with
3327Disabilities Department of Children and Family Services and the
3328Department of Elderly Affairs, shall adopt and enforce rules to
3329administer this part, which shall include reasonable and fair
3330criteria governing:
3331     (a)  The location and construction of the facility;
3332including fire and life safety, plumbing, heating, cooling,
3333lighting, ventilation, and other housing conditions that will
3334ensure the health, safety, and comfort of residents. The agency
3335shall establish standards for facilities and equipment to
3336increase the extent to which new facilities and a new wing or
3337floor added to an existing facility after July 1, 2000, are
3338structurally capable of serving as shelters only for residents,
3339staff, and families of residents and staff, and equipped to be
3340self-supporting during and immediately following disasters. The
3341Agency for Health Care Administration shall work with facilities
3342licensed under this part and report to the Governor and the
3343Legislature by April 1, 2000, its recommendations for cost-
3344effective renovation standards to be applied to existing
3345facilities. In making such rules, the agency shall be guided by
3346criteria recommended by nationally recognized, reputable
3347professional groups and associations having knowledge concerning
3348such subject matters. The agency shall update or revise such
3349criteria as the need arises. All facilities must comply with
3350those lifesafety code requirements and building code standards
3351applicable at the time of approval of their construction plans.
3352The agency may require alterations to a building if it
3353determines that an existing condition constitutes a distinct
3354hazard to life, health, or safety. The agency shall adopt fair
3355and reasonable rules setting forth conditions under which
3356existing facilities undergoing additions, alterations,
3357conversions, renovations, or repairs are required to comply with
3358the most recent updated or revised standards.
3359     (b)  The number and qualifications of all personnel,
3360including management, medical nursing, and other personnel,
3361having responsibility for any part of the care given to
3362residents.
3363     (c)  All sanitary conditions within the facility and its
3364surroundings, including water supply, sewage disposal, food
3365handling, and general hygiene, which will ensure the health and
3366comfort of residents.
3367     (d)  The equipment essential to the health and welfare of
3368the residents.
3369     (e)  A uniform accounting system.
3370     (f)  The care, treatment, and maintenance of residents and
3371measurement of the quality and adequacy thereof.
3372     (g)  The preparation and annual update of a comprehensive
3373emergency management plan. The agency shall adopt rules
3374establishing minimum criteria for the plan after consultation
3375with the Department of Community Affairs. At a minimum, the
3376rules must provide for plan components that address emergency
3377evacuation transportation; adequate sheltering arrangements;
3378postdisaster activities, including emergency power, food, and
3379water; postdisaster transportation; supplies; staffing;
3380emergency equipment; individual identification of residents and
3381transfer of records; and responding to family inquiries. The
3382comprehensive emergency management plan is subject to review and
3383approval by the local emergency management agency. During its
3384review, the local emergency management agency shall ensure that
3385the following agencies, at a minimum, are given the opportunity
3386to review the plan: the Department of Elderly Affairs, the
3387Agency for Persons with Disabilities Department of Children and
3388Family Services, the Agency for Health Care Administration, and
3389the Department of Community Affairs. Also, appropriate volunteer
3390organizations must be given the opportunity to review the plan.
3391The local emergency management agency shall complete its review
3392within 60 days and either approve the plan or advise the
3393facility of necessary revisions.
3394     (h)  Each licensee shall post its license in a prominent
3395place that is in clear and unobstructed public view at or near
3396the place where residents are being admitted to the facility.
3397     Section 107.  Subsection (3) of section 402.3016, Florida
3398Statutes, is amended to read:
3399     402.3016  Early Head Start collaboration grants.--
3400     (3)  The Agency for Workforce Innovation shall report to
3401the Legislature on an annual basis the number of agencies
3402receiving Early Head Start collaboration grants and the number
3403of children served.
3404     Section 108.  Subsection (9) of section 402.40, Florida
3405Statutes, is amended to read:
3406     402.40  Child welfare training.--
3407     (9)  MODIFICATION OF CHILD WELFARE TRAINING.--The core
3408competencies determined pursuant to subsection (5), the minimum
3409standards for the certification process and the minimum
3410standards for trainer qualifications established pursuant to
3411subsection (7), must be submitted to the appropriate substantive
3412committees of the Senate and the House of Representatives before
3413competitively soliciting either the development, validation, or
3414periodic evaluation of the training curricula or the training
3415academy contracts.
3416     Section 109.  Paragraph (c) of subsection (1) of section
3417402.73, Florida Statutes, is amended to read:
3418     402.73  Contracting and performance standards.--
3419     (1)  The Department of Children and Family Services shall
3420establish performance standards for all contracted client
3421services. Notwithstanding s. 287.057(5)(f), the department must
3422competitively procure any contract for client services when any
3423of the following occurs:
3424     (c)  The department has concluded, after reviewing market
3425prices and available treatment options, that there is evidence
3426that the department can improve the performance outcomes
3427produced by its contract resources. At a minimum, the department
3428shall review market prices and available treatment options
3429biennially. The department shall compile the results of the
3430biennial review and include the results in its annual
3431performance report to the Legislature pursuant to chapter 94-
3432249, Laws of Florida. The department shall provide notice and an
3433opportunity for public comment on its review of market prices
3434and available treatment options.
3435     Section 110.  Paragraph (d) of subsection (2) and paragraph
3436(c) of subsection (6) of section 403.067, Florida Statutes, are
3437amended to read:
3438     403.067  Establishment and implementation of total maximum
3439daily loads.--
3440     (2)  LIST OF SURFACE WATERS OR SEGMENTS.--In accordance
3441with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
3442U.S.C. ss. 1251 et seq., the department must submit periodically
3443to the United States Environmental Protection Agency a list of
3444surface waters or segments for which total maximum daily load
3445assessments will be conducted. The assessments shall evaluate
3446the water quality conditions of the listed waters and, if such
3447waters are determined not to meet water quality standards, total
3448maximum daily loads shall be established, subject to the
3449provisions of subsection (4). The department shall establish a
3450priority ranking and schedule for analyzing such waters.
3451     (d)  If the department proposes to implement total maximum
3452daily load calculations or allocations established prior to the
3453effective date of this act, the department shall adopt those
3454calculations and allocations by rule by the secretary pursuant
3455to ss. 120.536(1) and 120.54 and paragraph (6)(c)(d).
3456     (6)  CALCULATION AND ALLOCATION.--
3457     (c)  Not later than February 1, 2001, the department shall
3458submit a report to the Governor, the President of the Senate,
3459and the Speaker of the House of Representatives containing
3460recommendations, including draft legislation, for any
3461modifications to the process for allocating total maximum daily
3462loads, including the relationship between allocations and the
3463watershed or basin management planning process. Such
3464recommendations shall be developed by the department in
3465cooperation with a technical advisory committee which includes
3466representatives of affected parties, environmental
3467organizations, water management districts, and other appropriate
3468local, state, and federal government agencies. The technical
3469advisory committee shall also include such members as may be
3470designated by the President of the Senate and the Speaker of the
3471House of Representatives.
3472     Section 111.  Subsection (3) of section 403.4131, Florida
3473Statutes, is amended to read:
3474     403.4131  "Keep Florida Beautiful, Incorporated"; placement
3475of signs.--
3476     (3)  The Department of Transportation shall establish an
3477"adopt-a-highway" program to allow local organizations to be
3478identified with specific highway cleanup and highway
3479beautification projects authorized under s. 339.2405 and shall
3480coordinate such efforts with Keep Florida Beautiful, Inc. The
3481department shall report to the Governor and the Legislature on
3482the progress achieved and the savings incurred by the "adopt-a-
3483highway" program. The department shall also monitor and report
3484on compliance with the provisions of the adopt-a-highway program
3485to ensure that organizations that participate in the program
3486comply with the goals identified by the department.
3487     Section 112.  Section 403.756, Florida Statutes, is
3488repealed.
3489     Section 113.  Section 403.7226, Florida Statutes, is
3490amended to read:
3491     403.7226  Technical assistance by the department.--The
3492department shall:
3493     (1)  provide technical assistance to county governments and
3494regional planning councils to ensure consistency in implementing
3495local hazardous waste management assessments as provided in ss.
3496403.7225, 403.7234, and 403.7236. In order to ensure that each
3497local assessment is properly implemented and that all
3498information gathered during the assessment is uniformly compiled
3499and documented, each county or regional planning council shall
3500contact the department during the preparation of the local
3501assessment to receive technical assistance. Each county or
3502regional planning council shall follow guidelines established by
3503the department, and adopted by rule as appropriate, in order to
3504properly implement these assessments.
3505     (2)  Identify short-term needs and long-term needs for
3506hazardous waste management for the state on the basis of the
3507information gathered through the local hazardous waste
3508management assessments and other information from state and
3509federal regulatory agencies and sources. The state needs
3510assessment must be ongoing and must be updated when new data
3511concerning waste generation and waste management technologies
3512become available. The department shall annually send a copy of
3513this assessment to the Governor and to the Legislature.
3514     Section 114.  Subsection (2) of section 403.7265, Florida
3515Statutes, is amended to read:
3516     403.7265  Local hazardous waste collection program.--
3517     (2)  The department shall develop a statewide local
3518hazardous waste management plan which will ensure comprehensive
3519collection and proper management of hazardous waste from small
3520quantity generators and household hazardous waste in Florida.
3521The plan shall address, at a minimum, a network of local
3522collection centers, transfer stations, and expanded hazardous
3523waste collection route services. The plan shall assess the need
3524for additional compliance verification inspections, enforcement,
3525and penalties. The plan shall include a strategy, timetable, and
3526budget for implementation.
3527     Section 115.  Paragraph (b) of subsection (1) of section
3528403.7264, Florida Statutes, is amended to read:
3529     403.7264  Amnesty days for purging small quantities of
3530hazardous wastes.--Amnesty days are authorized by the state for
3531the purpose of purging small quantities of hazardous waste, free
3532of charge, from the possession of homeowners, farmers, schools,
3533state agencies, and small businesses. These entities have no
3534appropriate economically feasible mechanism for disposing of
3535their hazardous wastes at the present time. In order to raise
3536public awareness on this issue, provide an educational process,
3537accommodate those entities which have a need to dispose of small
3538quantities of hazardous waste, and preserve the waters of the
3539state, amnesty days shall be carried out in the following
3540manner:
3541     (1)
3542     (b)  If a local government has established a local or
3543regional hazardous waste collection center pursuant to s.
3544403.7265(2)(3) and such center is in operation, the department
3545and the local government may enter into a contract whereby the
3546local government shall administer and supervise amnesty days. If
3547a contract is entered into, the department shall provide to the
3548local government, from funds appropriated to the department for
3549amnesty days, an amount of money as determined by the department
3550that is equal to the amount of money that would have been spent
3551by the department to administer and supervise amnesty days in
3552the local government's area. A local government that wishes to
3553administer and supervise amnesty days shall notify the
3554department at least 30 days prior to the beginning of the state
3555fiscal year during which the amnesty days are scheduled to be
3556held in the local government's area.
3557     Section 116.  Paragraphs (b) and (d) of subsection (3) and
3558subsection (5) of section 403.7895, Florida Statutes, are
3559amended to read:
3560     403.7895  Requirements for the permitting and certification
3561of commercial hazardous waste incinerators.--
3562     (3)  CERTIFICATION OF NEED.--
3563     (b)  The board shall make a determination of the need for
3564hazardous waste incinerators, based upon the best available
3565evidence of existing and projected need and available capacity,
3566as presented by the applicant, and as determined by the study
3567required by subsection (5).
3568     (d)  The board shall not make a determination of need for
3569any hazardous waste incinerator until the study required by
3570subsection (5) is completed.
3571     (5)  HAZARDOUS WASTE NEEDS AND CAPACITY STUDY.--
3572     (a)  The department shall conduct, by November 1, 1994, or
3573the date by which phase 2 of the next capacity assurance plan
3574must be submitted to the United States Environmental Protection
3575Agency, whichever date occurs first, a comprehensive independent
3576study of the current and future need for hazardous waste
3577incineration in the state. The study shall evaluate the
3578projected statewide capacity needs for a 20-year period. The
3579study shall be updated at least every 5 years.
3580     (b)  The department shall consult with state and nationally
3581recognized experts in the field of hazardous waste management,
3582including representatives from state and federal agencies,
3583industry, local government, environmental groups, universities,
3584and other interested parties.
3585     (c)  The study components shall include but not be limited
3586to the following:
3587     1.  Existing and projected sources, amounts, and types of
3588hazardous waste in the state for which incineration is an
3589appropriate treatment alternative, taking into account all
3590applicable federal regulations on the disposal, storage and
3591treatment or definition of hazardous waste.
3592     2.  Existing and projected hazardous waste incinerator
3593capacity in the state and the nation.
3594     3.  Existing and projected hazardous waste incineration
3595capacity in boilers and industrial furnaces in the state and the
3596nation.
3597     4.  Existing and projected hazardous waste incineration
3598needs, specifically taking into account the impacts of pollution
3599prevention, recycling, and other waste reduction strategies.
3600     5.  Any other impacts associated with construction of
3601excess hazardous waste incineration capacity in this state.
3602     (d)  Upon completion of the study, the department shall
3603present its findings and make recommendations to the board and
3604the Legislature regarding changes in state hazardous waste
3605policies and management strategies. The recommendations shall
3606address the advisability of establishing by statute the maximum
3607capacity for hazardous waste incineration in this state.
3608     Section 117.  Paragraph (a) of subsection (4) of section
3609406.02, Florida Statutes, is amended to read:
3610     406.02  Medical Examiners Commission; membership; terms;
3611duties; staff.--
3612     (4)  The Medical Examiners Commission shall:
3613     (a)  Submit annual reports to the Governor and Legislature
3614correlating and setting forth the activities and findings of the
3615several district medical examiners appointed pursuant to this
3616act. A copy of that report shall also be provided to each board
3617of county commissioners.
3618     Section 118.  Paragraph (g) of subsection (1) of section
3619408.033, Florida Statutes, is amended to read:
3620     408.033  Local and state health planning.--
3621     (1)  LOCAL HEALTH COUNCILS.--
3622     (g)  Each local health council is authorized to accept and
3623receive, in furtherance of its health planning functions, funds,
3624grants, and services from governmental agencies and from private
3625or civic sources and to perform studies related to local health
3626planning in exchange for such funds, grants, or services. Each
3627local health council shall, no later than January 30 of each
3628year, render an accounting of the receipt and disbursement of
3629such funds received by it to the Department of Health. The
3630department shall consolidate all such reports and submit such
3631consolidated report to the Legislature no later than March 1 of
3632each year.
3633     Section 119.  Subsection (4) of section 408.914, Florida
3634Statutes, is amended to read:
3635     408.914  Phased implementation plan.--The Agency for Health
3636Care Administration, in consultation with the Health Care Access
3637Steering Committee created in s. 408.916, shall phase in the
3638implementation of the Comprehensive Health and Human Services
3639Eligibility Access System.
3640     (4)  The Agency for Health Care Administration, in
3641consultation with the steering committee, shall complete
3642analysis of the initial pilot project by November 1, 2003, and
3643by January 1, 2004, shall submit a plan to the Governor, the
3644President of the Senate, and the Speaker of the House of
3645Representatives for statewide implementation of all components
3646of the system, if warranted. This plan must also include
3647recommendations for incorporating additional public assistance
3648and human services programs into the Comprehensive Health and
3649Human Services Eligibility Access System.
3650     Section 120.  Paragraph (i) of subsection (3) of section
3651408.915, Florida Statutes, is amended to read:
3652     408.915  Eligibility pilot project.--The Agency for Health
3653Care Administration, in consultation with the steering committee
3654established in s. 408.916, shall develop and implement a pilot
3655project to integrate the determination of eligibility for health
3656care services with information and referral services.
3657     (3)  The information and referral provider in the site
3658selected as the pilot project shall, at a minimum:
3659     (i)  Provide periodic reports to the Governor, the
3660President of the Senate, and the Speaker of the House of
3661Representatives on the use of the information and referral
3662system and on measures that demonstrate the effectiveness and
3663efficiency of the information and referral services provided.
3664     Section 121.  Section 408.917, Florida Statutes, is
3665repealed.
3666     Section 122.  Paragraph (b) of subsection (7) of section
3667409.1451, Florida Statutes, is amended to read:
3668     409.1451  Independent living transition services.--
3669     (7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The
3670Secretary of Children and Family Services shall establish the
3671Independent Living Services Advisory Council for the purpose of
3672reviewing and making recommendations concerning the
3673implementation and operation of the independent living
3674transition services. This advisory council shall continue to
3675function as specified in this subsection until the Legislature
3676determines that the advisory council can no longer provide a
3677valuable contribution to the department's efforts to achieve the
3678goals of the independent living transition services.
3679     (b)  The advisory council shall report to the secretary
3680appropriate substantive committees of the Senate and the House
3681of Representatives on the status of the implementation of the
3682system of independent living transition services; efforts to
3683publicize the availability of aftercare support services, the
3684Road-to-Independence Scholarship Program, and transitional
3685support services; specific barriers to financial aid created by
3686the scholarship and possible solutions; the success of the
3687services; problems identified; recommendations for department or
3688legislative action; and the department's implementation of the
3689recommendations contained in the Independent Living Services
3690Integration Workgroup Report submitted to the Senate and the
3691House substantive committees December 31, 2002. The department
3692shall submit a report by December 31 of each year to the
3693Governor, the President of the Senate, and the Speaker of the
3694House of Representatives This advisory council report shall be
3695submitted by December 31 of each year that the council is in
3696existence and shall be accompanied by a report from the
3697department which includes a summary of the factors reported on
3698by the council and identifies the recommendations of the
3699advisory council and either describes the department's actions
3700to implement these recommendations or provides the department's
3701rationale for not implementing the recommendations.
3702     Section 123.  Section 409.146, Florida Statutes, is
3703repealed.
3704     Section 124.  Section 409.152, Florida Statutes, is
3705repealed.
3706     Section 125.  Subsections (1) and (2) of section 409.1679,
3707Florida Statutes, are amended to read:
3708     409.1679  Additional requirements;, effective date,
3709reimbursement methodology, and evaluation.--
3710     (1)  The programs established under ss. 409.1676 and
3711409.1677 are to be operational within 6 months after those
3712sections take effect, and, beginning 1 month after this section
3713takes effect and continuing until full operation of those
3714programs is realized, the department shall provide to the
3715Legislature monthly written status reports on the progress
3716toward implementing those programs.
3717     (2)  The programs established under ss. 409.1676 and
3718409.1677 must be included as part of the annual evaluation
3719currently required under s. 409.1671. With respect to these
3720specific programs and models, the annual evaluation must be
3721conducted by an independent third party and must include, by
3722specific site, the level of attainment of the targeted outcomes
3723listed in subsection (3). The evaluation of the model programs
3724must include, at a minimum, an assessment of their cost-
3725effectiveness, of their ability to successfully implement the
3726assigned program elements, and of their attainment of
3727performance standards that include legislatively established
3728standards for similar programs and other standards determined
3729jointly by the department and the providers and stated in a
3730contract.
3731     Section 126.  Section 409.1685, Florida Statutes, is
3732amended to read:
3733     409.1685  Children in foster care; annual report to
3734Legislature.--The Department of Children and Family Services
3735shall submit a written report to the Governor and substantive
3736committees of the Legislature concerning the status of children
3737in foster care and concerning the judicial review mandated by
3738part X of chapter 39. This report shall be submitted by May
3739March 1 of each year and shall include the following information
3740for the prior calendar year:
3741     (1)  The number of 6-month and annual judicial reviews
3742completed during that period.
3743     (2)  The number of children in foster care returned to a
3744parent, guardian, or relative as a result of a 6-month or annual
3745judicial review hearing during that period.
3746     (3)  The number of termination of parental rights
3747proceedings instituted during that period which shall include:
3748     (a)  The number of termination of parental rights
3749proceedings initiated pursuant to s. 39.703; and
3750     (b)  The total number of terminations of parental rights
3751ordered.
3752     (4)  The number of foster care children placed for adoption
3753during that period.
3754     Section 127.  Paragraph (d) of subsection (5) of section
3755409.178, Florida Statutes, is amended to read:
3756     409.178  Child Care Executive Partnership Act; findings and
3757intent; grant; limitation; rules.--
3758     (5)
3759     (d)  Each community coordinated child care agency shall be
3760required to establish a community child care task force for each
3761child care purchasing pool. The task force must be composed of
3762employers, parents, private child care providers, and one
3763representative from the local children's services council, if
3764one exists in the area of the purchasing pool. The community
3765coordinated child care agency is expected to recruit the task
3766force members from existing child care councils, commissions, or
3767task forces already operating in the area of a purchasing pool.
3768A majority of the task force shall consist of employers. Each
3769task force shall develop a plan for the use of child care
3770purchasing pool funds. The plan must show how many children will
3771be served by the purchasing pool, how many will be new to
3772receiving child care services, and how the community coordinated
3773child care agency intends to attract new employers and their
3774employees to the program.
3775     Section 128.  Paragraph (k) of subsection (4) of section
3776409.221, Florida Statutes, is amended to read:
3777     409.221  Consumer-directed care program.--
3778     (4)  CONSUMER-DIRECTED CARE.--
3779     (k)  Reviews and reports.--The agency and the Departments
3780of Elderly Affairs, Health, and Children and Family Services
3781shall each, on an ongoing basis, review and assess the
3782implementation of the consumer-directed care program. By January
378315 of each year, the agency shall submit a written report to the
3784Legislature that includes each department's review of the
3785program and contains recommendations for improvements to the
3786program.
3787     Section 129.  Paragraph (a) of subsection (3) of section
3788409.25575, Florida Statutes, is amended to read:
3789     409.25575  Support enforcement; privatization.--
3790     (3)(a)  The department shall establish a quality assurance
3791program for the privatization of services. The quality assurance
3792program must include standards for each specific component of
3793these services. The department shall establish minimum
3794thresholds for each component. Each program operated pursuant to
3795contract must be evaluated annually by the department or by an
3796objective competent entity designated by the department under
3797the provisions of the quality assurance program. The evaluation
3798must be financed from cost savings associated with the
3799privatization of services. The department shall submit an annual
3800report regarding quality performance, outcome measure
3801attainment, and cost efficiency to the President of the Senate,
3802the Speaker of the House of Representatives, the Minority leader
3803of each house of the Legislature, and the Governor no later than
3804January 31 of each year, beginning in 1999. The quality
3805assurance program must be financed through administrative
3806savings generated by this act.
3807     Section 130.  Subsection (7) of section 409.2558, Florida
3808Statutes, is amended to read:
3809     409.2558  Support distribution and disbursement.--
3810     (7)  RULEMAKING AUTHORITY.--The department may adopt rules
3811to administer this section. The department shall provide a draft
3812of the proposed concepts for the rule for the undistributable
3813collections to interested parties for review and recommendations
3814prior to full development of the rule and initiating the formal
3815rule-development process. The department shall consider but is
3816not required to implement the recommendations. The department
3817shall provide a report to the President of the Senate and the
3818Speaker of the House of Representatives containing the
3819recommendations received from interested parties and the
3820department's response regarding incorporating the
3821recommendations into the rule.
3822     Section 131.  Section 409.2567, Florida Statutes, is
3823amended to read:
3824     409.2567  Services to individuals not otherwise
3825eligible.--All support services provided by the department shall
3826be made available on behalf of all dependent children. Services
3827shall be provided upon acceptance of public assistance or upon
3828proper application filed with the department. The department
3829shall adopt rules to provide for the payment of a $25
3830application fee from each applicant who is not a public
3831assistance recipient. The application fee shall be deposited in
3832the Child Support Enforcement Application and Program Revenue
3833Trust Fund within the Department of Revenue to be used for the
3834Child Support Enforcement Program. The obligor is responsible
3835for all administrative costs, as defined in s. 409.2554. The
3836court shall order payment of administrative costs without
3837requiring the department to have a member of the bar testify or
3838submit an affidavit as to the reasonableness of the costs. An
3839attorney-client relationship exists only between the department
3840and the legal services providers in Title IV-D cases. The
3841attorney shall advise the obligee in Title IV-D cases that the
3842attorney represents the agency and not the obligee. In Title IV-
3843D cases, any costs, including filing fees, recording fees,
3844mediation costs, service of process fees, and other expenses
3845incurred by the clerk of the circuit court, shall be assessed
3846only against the nonprevailing obligor after the court makes a
3847determination of the nonprevailing obligor's ability to pay such
3848costs and fees. In any case where the court does not award all
3849costs, the court shall state in the record its reasons for not
3850awarding the costs. The Department of Revenue shall not be
3851considered a party for purposes of this section; however, fees
3852may be assessed against the department pursuant to s. 57.105(1).
3853The department shall submit a monthly report to the Governor and
3854the chairs of the Health and Human Services Fiscal Committee of
3855the House of Representatives and the Ways and Means Committee of
3856the Senate specifying the funds identified for collection from
3857the noncustodial parents of children receiving temporary
3858assistance and the amounts actually collected.
3859     Section 132.  Subsection (3) of section 409.441, Florida
3860Statutes, is amended to read:
3861     409.441  Runaway youth programs and centers.--
3862     (3)  STATE PLAN FOR THE HANDLING OF RUNAWAY YOUTHS.--
3863     (a)  The department shall develop a state plan for the
3864handling of runaway youths and for providing services connected
3865with the runaway problem. The plan shall be submitted to the
3866Speaker of the House of Representatives, the President of the
3867Senate, and the Governor no later than February 1, 1984.
3868     (b)  The plan shall include:
3869     1.  Needs assessments for the state and for each district;
3870     2.  Criteria and procedures for handling and referral of
3871troubled youths and runaway youths using the least restrictive
3872alternatives available;
3873     3.  Provisions for contacting parents or guardians;
3874     4.  Policy for coordinating relationships between involved
3875agencies, runaway youth centers, law enforcement agencies, and
3876the department;
3877     5.  Statewide statistics on client groups;
3878     6.  Funding formulas for runaway youth centers which
3879provide standard services and receive state funds; and
3880     7.  Standards and program goals for runaway youth centers,
3881with emphasis on early intervention and aftercare.
3882     Section 133.  Subsection (24) of section 409.906, Florida
3883Statutes, is amended to read:
3884     409.906  Optional Medicaid services.--Subject to specific
3885appropriations, the agency may make payments for services which
3886are optional to the state under Title XIX of the Social Security
3887Act and are furnished by Medicaid providers to recipients who
3888are determined to be eligible on the dates on which the services
3889were provided. Any optional service that is provided shall be
3890provided only when medically necessary and in accordance with
3891state and federal law. Optional services rendered by providers
3892in mobile units to Medicaid recipients may be restricted or
3893prohibited by the agency. Nothing in this section shall be
3894construed to prevent or limit the agency from adjusting fees,
3895reimbursement rates, lengths of stay, number of visits, or
3896number of services, or making any other adjustments necessary to
3897comply with the availability of moneys and any limitations or
3898directions provided for in the General Appropriations Act or
3899chapter 216. If necessary to safeguard the state's systems of
3900providing services to elderly and disabled persons and subject
3901to the notice and review provisions of s. 216.177, the Governor
3902may direct the Agency for Health Care Administration to amend
3903the Medicaid state plan to delete the optional Medicaid service
3904known as "Intermediate Care Facilities for the Developmentally
3905Disabled." Optional services may include:
3906     (24)  CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The Agency
3907for Health Care Administration, in consultation with the
3908Department of Children and Family Services, may establish a
3909targeted case-management project in those counties identified by
3910the Department of Children and Family Services and for all
3911counties with a community-based child welfare project, as
3912authorized under s. 409.1671, which have been specifically
3913approved by the department. Results of targeted case management
3914projects shall be reported to the Social Services Estimating
3915Conference established under s. 216.136. The covered group of
3916individuals who are eligible to receive targeted case management
3917include children who are eligible for Medicaid; who are between
3918the ages of birth through 21; and who are under protective
3919supervision or postplacement supervision, under foster-care
3920supervision, or in shelter care or foster care. The number of
3921individuals who are eligible to receive targeted case management
3922shall be limited to the number for whom the Department of
3923Children and Family Services has available matching funds to
3924cover the costs. The general revenue funds required to match the
3925funds for services provided by the community-based child welfare
3926projects are limited to funds available for services described
3927under s. 409.1671. The Department of Children and Family
3928Services may transfer the general revenue matching funds as
3929billed by the Agency for Health Care Administration.
3930     Section 134.  Subsections (4) and (5) of section 409.9065,
3931Florida Statutes, are amended to read:
3932     409.9065  Pharmaceutical expense assistance.--
3933     (4)  ADMINISTRATION.--The pharmaceutical expense assistance
3934program shall be administered by the agency, in collaboration
3935with the Department of Elderly Affairs and the Department of
3936Children and Family Services.
3937     (a)  The agency shall, by rule, establish for the
3938pharmaceutical expense assistance program eligibility
3939requirements; limits on participation; benefit limitations,
3940including copayments; a requirement for generic drug
3941substitution; and other program parameters comparable to those
3942of the Medicaid program. Individuals eligible to participate in
3943this program are not subject to the limit of four brand name
3944drugs per month per recipient as specified in s. 409.912(40)(a).
3945There shall be no monetary limit on prescription drugs purchased
3946with discounts of less than 51 percent unless the agency
3947determines there is a risk of a funding shortfall in the
3948program. If the agency determines there is a risk of a funding
3949shortfall, the agency may establish monetary limits on
3950prescription drugs which shall not be less than $160 worth of
3951prescription drugs per month.
3952     (b)  By January 1 of each year, the agency shall report to
3953the Legislature on the operation of the program. The report
3954shall include information on the number of individuals served,
3955use rates, and expenditures under the program. The report shall
3956also address the impact of the program on reducing unmet
3957pharmaceutical drug needs among the elderly and recommend
3958programmatic changes.
3959     (5)  NONENTITLEMENT.--The pharmaceutical expense assistance
3960program established by this section is not an entitlement.
3961Enrollment levels are limited to those authorized by the
3962Legislature in the annual General Appropriations Act. If, after
3963establishing monetary limits as required by subsection paragraph
3964(4)(a), funds are insufficient to serve all eligible individuals
3965seeking coverage, the agency may develop a waiting list based on
3966application dates to use in enrolling individuals in unfilled
3967enrollment slots.
3968     Section 135.  Section 409.91188, Florida Statutes, is
3969amended to read:
3970     409.91188  Specialty prepaid health plans for Medicaid
3971recipients with HIV or AIDS.--The agency for Health Care
3972Administration is authorized to contract with specialty prepaid
3973health plans and pay them on a prepaid capitated basis to
3974provide Medicaid benefits to Medicaid-eligible recipients who
3975have human immunodeficiency syndrome (HIV) or acquired
3976immunodeficiency syndrome (AIDS). The agency shall apply for and
3977is authorized to implement federal waivers or other necessary
3978federal authorization to implement the prepaid health plans
3979authorized by this section. The agency shall procure the
3980specialty prepaid health plans through a competitive
3981procurement. In awarding a contract to a managed care plan, the
3982agency shall take into account price, quality, accessibility,
3983linkages to community-based organizations, and the
3984comprehensiveness of the benefit package offered by the plan.
3985The agency may bid the HIV/AIDS specialty plans on a county,
3986regional, or statewide basis. Qualified plans must be licensed
3987under chapter 641. The agency shall monitor and evaluate the
3988implementation of this waiver program if it is approved by the
3989Federal Government and shall report on its status to the
3990President of the Senate and the Speaker of the House of
3991Representatives by February 1, 2001. To improve coordination of
3992medical care delivery and to increase cost efficiency for the
3993Medicaid program in treating HIV disease, the agency for Health
3994Care Administration shall seek all necessary federal waivers to
3995allow participation in the Medipass HIV disease management
3996program for Medicare beneficiaries who test positive for HIV
3997infection and who also qualify for Medicaid benefits such as
3998prescription medications not covered by Medicare.
3999     Section 136.  Paragraphs (b) and (c) of subsection (4),
4000subsection (5), paragraph (c) of subsection (21), subsections
4001(29), (41), and (44), and paragraph (c) of subsection (49) of
4002section 409.912, Florida Statutes, are amended to read:
4003     409.912  Cost-effective purchasing of health care.--The
4004agency shall purchase goods and services for Medicaid recipients
4005in the most cost-effective manner consistent with the delivery
4006of quality medical care. To ensure that medical services are
4007effectively utilized, the agency may, in any case, require a
4008confirmation or second physician's opinion of the correct
4009diagnosis for purposes of authorizing future services under the
4010Medicaid program. This section does not restrict access to
4011emergency services or poststabilization care services as defined
4012in 42 C.F.R. part 438.114. Such confirmation or second opinion
4013shall be rendered in a manner approved by the agency. The agency
4014shall maximize the use of prepaid per capita and prepaid
4015aggregate fixed-sum basis services when appropriate and other
4016alternative service delivery and reimbursement methodologies,
4017including competitive bidding pursuant to s. 287.057, designed
4018to facilitate the cost-effective purchase of a case-managed
4019continuum of care. The agency shall also require providers to
4020minimize the exposure of recipients to the need for acute
4021inpatient, custodial, and other institutional care and the
4022inappropriate or unnecessary use of high-cost services. The
4023agency may mandate prior authorization, drug therapy management,
4024or disease management participation for certain populations of
4025Medicaid beneficiaries, certain drug classes, or particular
4026drugs to prevent fraud, abuse, overuse, and possible dangerous
4027drug interactions. The Pharmaceutical and Therapeutics Committee
4028shall make recommendations to the agency on drugs for which
4029prior authorization is required. The agency shall inform the
4030Pharmaceutical and Therapeutics Committee of its decisions
4031regarding drugs subject to prior authorization. The agency is
4032authorized to limit the entities it contracts with or enrolls as
4033Medicaid providers by developing a provider network through
4034provider credentialing. The agency may limit its network based
4035on the assessment of beneficiary access to care, provider
4036availability, provider quality standards, time and distance
4037standards for access to care, the cultural competence of the
4038provider network, demographic characteristics of Medicaid
4039beneficiaries, practice and provider-to-beneficiary standards,
4040appointment wait times, beneficiary use of services, provider
4041turnover, provider profiling, provider licensure history,
4042previous program integrity investigations and findings, peer
4043review, provider Medicaid policy and billing compliance records,
4044clinical and medical record audits, and other factors. Providers
4045shall not be entitled to enrollment in the Medicaid provider
4046network. The agency is authorized to seek federal waivers
4047necessary to implement this policy.
4048     (4)  The agency may contract with:
4049     (b)  An entity that is providing comprehensive behavioral
4050health care services to certain Medicaid recipients through a
4051capitated, prepaid arrangement pursuant to the federal waiver
4052provided for by s. 409.905(5). Such an entity must be licensed
4053under chapter 624, chapter 636, or chapter 641 and must possess
4054the clinical systems and operational competence to manage risk
4055and provide comprehensive behavioral health care to Medicaid
4056recipients. As used in this paragraph, the term "comprehensive
4057behavioral health care services" means covered mental health and
4058substance abuse treatment services that are available to
4059Medicaid recipients. The secretary of the Department of Children
4060and Family Services shall approve provisions of procurements
4061related to children in the department's care or custody prior to
4062enrolling such children in a prepaid behavioral health plan. Any
4063contract awarded under this paragraph must be competitively
4064procured. In developing the behavioral health care prepaid plan
4065procurement document, the agency shall ensure that the
4066procurement document must require requires the contractor to
4067develop and implement a plan to ensure compliance with s.
4068394.4574 related to services provided to residents of licensed
4069assisted living facilities that hold a limited mental health
4070license. Except as provided in subparagraph 6. 8., the agency
4071shall seek federal approval to contract with a single entity
4072meeting these requirements to provide comprehensive behavioral
4073health care services to all Medicaid recipients not enrolled in
4074a managed care plan in an AHCA area. Each entity must offer
4075sufficient choice of providers in its network to ensure
4076recipient access to care and the opportunity to select a
4077provider with whom they are satisfied. The network shall include
4078all public mental health hospitals. To ensure unimpaired access
4079to behavioral health care services by Medicaid recipients, all
4080contracts issued pursuant to this paragraph shall require 80
4081percent of the capitation paid to the managed care plan,
4082including health maintenance organizations, to be expended for
4083the provision of behavioral health care services. In the event
4084the managed care plan expends less than 80 percent of the
4085capitation paid pursuant to this paragraph for the provision of
4086behavioral health care services, the difference shall be
4087returned to the agency. The agency shall provide the managed
4088care plan with a certification letter indicating the amount of
4089capitation paid during each calendar year for the provision of
4090behavioral health care services pursuant to this section. The
4091agency may reimburse for substance abuse treatment services on a
4092fee-for-service basis until the agency finds that adequate funds
4093are available for capitated, prepaid arrangements.
4094     1.  By January 1, 2001, the agency shall modify the
4095contracts with the entities providing comprehensive inpatient
4096and outpatient mental health care services to Medicaid
4097recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
4098Counties, to include substance abuse treatment services.
4099     2.  By July 1, 2003, the agency and the Department of
4100Children and Family Services shall execute a written agreement
4101that requires collaboration and joint development of all policy,
4102budgets, procurement documents, contracts, and monitoring plans
4103that have an impact on the state and Medicaid community mental
4104health and targeted case management programs.
4105     1.3.  Except as provided in subparagraph 6. 8., by July 1,
41062006, the agency and the Department of Children and Family
4107Services shall contract with managed care entities in each AHCA
4108area except area 6 or arrange to provide comprehensive inpatient
4109and outpatient mental health and substance abuse services
4110through capitated prepaid arrangements to all Medicaid
4111recipients who are eligible to participate in such plans under
4112federal law and regulation. In AHCA areas where eligible
4113individuals number less than 150,000, the agency shall contract
4114with a single managed care plan to provide comprehensive
4115behavioral health services to all recipients who are not
4116enrolled in a Medicaid health maintenance organization. The
4117agency may contract with more than one comprehensive behavioral
4118health provider to provide care to recipients who are not
4119enrolled in a Medicaid health maintenance organization in AHCA
4120areas where the eligible population exceeds 150,000. Contracts
4121for comprehensive behavioral health providers awarded pursuant
4122to this section shall be competitively procured. Both for-profit
4123and not-for-profit corporations shall be eligible to compete.
4124Managed care plans contracting with the agency under subsection
4125(3) shall provide and receive payment for the same comprehensive
4126behavioral health benefits as provided in AHCA rules, including
4127handbooks incorporated by reference.
4128     4.  By October 1, 2003, the agency and the department shall
4129submit a plan to the Governor, the President of the Senate, and
4130the Speaker of the House of Representatives which provides for
4131the full implementation of capitated prepaid behavioral health
4132care in all areas of the state.
4133     a.  Implementation shall begin in 2003 in those AHCA areas
4134of the state where the agency is able to establish sufficient
4135capitation rates.
4136     2.b.  If the agency determines that the proposed capitation
4137rate in any area is insufficient to provide appropriate
4138services, the agency may adjust the capitation rate to ensure
4139that care will be available. The agency and the department may
4140use existing general revenue to address any additional required
4141match but may not over-obligate existing funds on an annualized
4142basis.
4143     c.  Subject to any limitations provided for in the General
4144Appropriations Act, the agency, in compliance with appropriate
4145federal authorization, shall develop policies and procedures
4146that allow for certification of local and state funds.
4147     3.5.  Children residing in a statewide inpatient
4148psychiatric program, or in a Department of Juvenile Justice or a
4149Department of Children and Family Services residential program
4150approved as a Medicaid behavioral health overlay services
4151provider shall not be included in a behavioral health care
4152prepaid health plan or any other Medicaid managed care plan
4153pursuant to this paragraph.
4154     4.6.  In converting to a prepaid system of delivery, the
4155agency shall in its procurement document require an entity
4156providing only comprehensive behavioral health care services to
4157prevent the displacement of indigent care patients by enrollees
4158in the Medicaid prepaid health plan providing behavioral health
4159care services from facilities receiving state funding to provide
4160indigent behavioral health care, to facilities licensed under
4161chapter 395 which do not receive state funding for indigent
4162behavioral health care, or reimburse the unsubsidized facility
4163for the cost of behavioral health care provided to the displaced
4164indigent care patient.
4165     5.7.  Traditional community mental health providers under
4166contract with the Department of Children and Family Services
4167pursuant to part IV of chapter 394, child welfare providers
4168under contract with the Department of Children and Family
4169Services in areas 1 and 6, and inpatient mental health providers
4170licensed pursuant to chapter 395 must be offered an opportunity
4171to accept or decline a contract to participate in any provider
4172network for prepaid behavioral health services.
4173     6.8.  For fiscal year 2004-2005, all Medicaid eligible
4174children, except children in areas 1 and 6, whose cases are open
4175for child welfare services in the HomeSafeNet system, shall be
4176enrolled in MediPass or in Medicaid fee-for-service and all
4177their behavioral health care services including inpatient,
4178outpatient psychiatric, community mental health, and case
4179management shall be reimbursed on a fee-for-service basis.
4180Beginning July 1, 2005, such children, who are open for child
4181welfare services in the HomeSafeNet system, shall receive their
4182behavioral health care services through a specialty prepaid plan
4183operated by community-based lead agencies either through a
4184single agency or formal agreements among several agencies. The
4185specialty prepaid plan must result in savings to the state
4186comparable to savings achieved in other Medicaid managed care
4187and prepaid programs. Such plan must provide mechanisms to
4188maximize state and local revenues. The specialty prepaid plan
4189shall be developed by the agency and the Department of Children
4190and Family Services. The agency is authorized to seek any
4191federal waivers to implement this initiative.
4192     (c)  A federally qualified health center or an entity owned
4193by one or more federally qualified health centers or an entity
4194owned by other migrant and community health centers receiving
4195non-Medicaid financial support from the Federal Government to
4196provide health care services on a prepaid or fixed-sum basis to
4197recipients. Such prepaid health care services entity must be
4198licensed under parts I and III of chapter 641, but shall be
4199prohibited from serving Medicaid recipients on a prepaid basis,
4200until such licensure has been obtained. However, such an entity
4201is exempt from s. 641.225 if the entity meets the requirements
4202specified in subsections (16)(17) and (17)(18).
4203     (5)  By October 1, 2003, the agency and the department
4204shall, to the extent feasible, develop a plan for implementing
4205new Medicaid procedure codes for emergency and crisis care,
4206supportive residential services, and other services designed to
4207maximize the use of Medicaid funds for Medicaid-eligible
4208recipients. The agency shall include in the agreement developed
4209pursuant to subsection (4) a provision that ensures that the
4210match requirements for these new procedure codes are met by
4211certifying eligible general revenue or local funds that are
4212currently expended on these services by the department with
4213contracted alcohol, drug abuse, and mental health providers. The
4214plan must describe specific procedure codes to be implemented, a
4215projection of the number of procedures to be delivered during
4216fiscal year 2003-2004, and a financial analysis that describes
4217the certified match procedures, and accountability mechanisms,
4218projects the earnings associated with these procedures, and
4219describes the sources of state match. This plan may not be
4220implemented in any part until approved by the Legislative Budget
4221Commission. If such approval has not occurred by December 31,
42222003, the plan shall be submitted for consideration by the 2004
4223Legislature.
4224     (20)(21)  Any entity contracting with the agency pursuant
4225to this section to provide health care services to Medicaid
4226recipients is prohibited from engaging in any of the following
4227practices or activities:
4228     (c)  Granting or offering of any monetary or other valuable
4229consideration for enrollment, except as authorized by subsection
4230(23)(24).
4231     (28)(29)  The agency shall perform enrollments and
4232disenrollments for Medicaid recipients who are eligible for
4233MediPass or managed care plans. Notwithstanding the prohibition
4234contained in paragraph (20)(21)(f), managed care plans may
4235perform preenrollments of Medicaid recipients under the
4236supervision of the agency or its agents. For the purposes of
4237this section, "preenrollment" means the provision of marketing
4238and educational materials to a Medicaid recipient and assistance
4239in completing the application forms, but shall not include
4240actual enrollment into a managed care plan. An application for
4241enrollment shall not be deemed complete until the agency or its
4242agent verifies that the recipient made an informed, voluntary
4243choice. The agency, in cooperation with the Department of
4244Children and Family Services, may test new marketing initiatives
4245to inform Medicaid recipients about their managed care options
4246at selected sites. The agency shall report to the Legislature on
4247the effectiveness of such initiatives. The agency may contract
4248with a third party to perform managed care plan and MediPass
4249enrollment and disenrollment services for Medicaid recipients
4250and is authorized to adopt rules to implement such services. The
4251agency may adjust the capitation rate only to cover the costs of
4252a third-party enrollment and disenrollment contract, and for
4253agency supervision and management of the managed care plan
4254enrollment and disenrollment contract.
4255     (40)(41)  The agency shall provide for the development of a
4256demonstration project by establishment in Miami-Dade County of a
4257long-term-care facility licensed pursuant to chapter 395 to
4258improve access to health care for a predominantly minority,
4259medically underserved, and medically complex population and to
4260evaluate alternatives to nursing home care and general acute
4261care for such population. Such project is to be located in a
4262health care condominium and colocated with licensed facilities
4263providing a continuum of care. The establishment of this project
4264is not subject to the provisions of s. 408.036 or s. 408.039.
4265The agency shall report its findings to the Governor, the
4266President of the Senate, and the Speaker of the House of
4267Representatives by January 1, 2003.
4268     (43)(44)  The Agency for Health Care Administration shall
4269ensure that any Medicaid managed care plan as defined in s.
4270409.9122(2)(h), whether paid on a capitated basis or a shared
4271savings basis, is cost-effective. For purposes of this
4272subsection, the term "cost-effective" means that a network's
4273per-member, per-month costs to the state, including, but not
4274limited to, fee-for-service costs, administrative costs, and
4275case-management fees, must be no greater than the state's costs
4276associated with contracts for Medicaid services established
4277under subsection (3), which shall be actuarially adjusted for
4278case mix, model, and service area. The agency shall conduct
4279actuarially sound audits adjusted for case mix and model in
4280order to ensure such cost-effectiveness and shall publish the
4281audit results on its Internet website and submit the audit
4282results annually to the Governor, the President of the Senate,
4283and the Speaker of the House of Representatives no later than
4284December 31 of each year. Contracts established pursuant to this
4285subsection which are not cost-effective may not be renewed.
4286     (48)(49)  The agency shall contract with established
4287minority physician networks that provide services to
4288historically underserved minority patients. The networks must
4289provide cost-effective Medicaid services, comply with the
4290requirements to be a MediPass provider, and provide their
4291primary care physicians with access to data and other management
4292tools necessary to assist them in ensuring the appropriate use
4293of services, including inpatient hospital services and
4294pharmaceuticals.
4295     (c)  For purposes of this subsection, the term "cost-
4296effective" means that a network's per-member, per-month costs to
4297the state, including, but not limited to, fee-for-service costs,
4298administrative costs, and case-management fees, must be no
4299greater than the state's costs associated with contracts for
4300Medicaid services established under subsection (3), which shall
4301be actuarially adjusted for case mix, model, and service area.
4302The agency shall conduct actuarially sound audits adjusted for
4303case mix and model in order to ensure such cost-effectiveness
4304and shall publish the audit results on its Internet website and
4305submit the audit results annually to the Governor, the President
4306of the Senate, and the Speaker of the House of Representatives
4307no later than December 31. Contracts established pursuant to
4308this subsection which are not cost-effective may not be renewed.
4309     Section 137.  Paragraph (a) of subsection (4) of section
4310394.9082, Florida Statutes, is amended to read:
4311     394.9082  Behavioral health service delivery strategies.--
4312     (4)  CONTRACT FOR SERVICES.--
4313     (a)  The Department of Children and Family Services and the
4314Agency for Health Care Administration may contract for the
4315provision or management of behavioral health services with a
4316managing entity in at least two geographic areas. Both the
4317Department of Children and Family Services and the Agency for
4318Health Care Administration must contract with the same managing
4319entity in any distinct geographic area where the strategy
4320operates. This managing entity shall be accountable at a minimum
4321for the delivery of behavioral health services specified and
4322funded by the department and the agency. The geographic area
4323must be of sufficient size in population and have enough public
4324funds for behavioral health services to allow for flexibility
4325and maximum efficiency. Notwithstanding the provisions of s.
4326409.912(4)(b)1., At least one service delivery strategy must be
4327in one of the service districts in the catchment area of G.
4328Pierce Wood Memorial Hospital.
4329     Section 138.  Paragraph (a) of subsection (4) of section
4330409.9065, Florida Statutes, is amended to read:
4331     409.9065  Pharmaceutical expense assistance.--
4332     (4)  ADMINISTRATION.--The pharmaceutical expense assistance
4333program shall be administered by the agency, in collaboration
4334with the Department of Elderly Affairs and the Department of
4335Children and Family Services.
4336     (a)  The agency shall, by rule, establish for the
4337pharmaceutical expense assistance program eligibility
4338requirements; limits on participation; benefit limitations,
4339including copayments; a requirement for generic drug
4340substitution; and other program parameters comparable to those
4341of the Medicaid program. Individuals eligible to participate in
4342this program are not subject to the limit of four brand name
4343drugs per month per recipient as specified in s.
4344409.912(39)(40)(a). There shall be no monetary limit on
4345prescription drugs purchased with discounts of less than 51
4346percent unless the agency determines there is a risk of a
4347funding shortfall in the program. If the agency determines there
4348is a risk of a funding shortfall, the agency may establish
4349monetary limits on prescription drugs which shall not be less
4350than $160 worth of prescription drugs per month.
4351     Section 139.  Subsections (1) and (2) of section 409.91196,
4352Florida Statutes, are amended to read:
4353     409.91196  Supplemental rebate agreements; confidentiality
4354of records and meetings.--
4355     (1)  Trade secrets, rebate amount, percent of rebate,
4356manufacturer's pricing, and supplemental rebates which are
4357contained in records of the Agency for Health Care
4358Administration and its agents with respect to supplemental
4359rebate negotiations and which are prepared pursuant to a
4360supplemental rebate agreement under s. 409.912(39)(40)(a)7. are
4361confidential and exempt from s. 119.07 and s. 24(a), Art. I of
4362the State Constitution.
4363     (2)  Those portions of meetings of the Medicaid
4364Pharmaceutical and Therapeutics Committee at which trade
4365secrets, rebate amount, percent of rebate, manufacturer's
4366pricing, and supplemental rebates are disclosed for discussion
4367or negotiation of a supplemental rebate agreement under s.
4368409.912(39)(40)(a)7. are exempt from s. 286.011 and s. 24(b),
4369Art. I of the State Constitution.
4370     Section 140.  Subsection (4) of section 641.386, Florida
4371Statutes, is amended to read:
4372     641.386  Agent licensing and appointment required;
4373exceptions.--
4374     (4)  All agents and health maintenance organizations shall
4375comply with and be subject to the applicable provisions of ss.
4376641.309 and 409.912(20)(21), and all companies and entities
4377appointing agents shall comply with s. 626.451, when marketing
4378for any health maintenance organization licensed pursuant to
4379this part, including those organizations under contract with the
4380Agency for Health Care Administration to provide health care
4381services to Medicaid recipients or any private entity providing
4382health care services to Medicaid recipients pursuant to a
4383prepaid health plan contract with the Agency for Health Care
4384Administration.
4385     Section 141.  Section 410.0245, Florida Statutes, is
4386repealed.
4387     Section 142.  Subsection (10) of section 410.604, Florida
4388Statutes, is amended to read:
4389     410.604  Community care for disabled adults program; powers
4390and duties of the department.--
4391     (10)  Beginning October 1, 1989, the department shall
4392biennially evaluate the progress of the community care for
4393disabled adults program and submit such evaluation to the
4394Speaker of the House of Representatives and the President of the
4395Senate.
4396     Section 143.  Section 411.221, Florida Statutes, is
4397repealed.
4398     Section 144.  Paragraph (d) of subsection (5) of section
4399411.01, Florida Statutes, as amended by chapter 2004-484, Laws
4400of Florida, is amended to read:
4401     411.01  School readiness programs; early learning
4402coalitions.--
4403     (5)  CREATION OF EARLY LEARNING COALITIONS.--
4404     (d)  Implementation.--
4405     1.  An early learning coalition may not implement the
4406school readiness program until the coalition is authorized
4407through approval of the coalition's school readiness plan by the
4408Agency for Workforce Innovation.
4409     2.  Each early learning coalition shall develop a plan for
4410implementing the school readiness program to meet the
4411requirements of this section and the performance standards and
4412outcome measures adopted by the Agency for Workforce Innovation.
4413The plan must demonstrate how the program will ensure that each
44143-year-old and 4-year-old child in a publicly funded school
4415readiness program receives scheduled activities and instruction
4416designed to enhance the age-appropriate progress of the children
4417in attaining the performance standards adopted by the Agency for
4418Workforce Innovation under subparagraph (4)(d)8. Before
4419implementing the school readiness program, the early learning
4420coalition must submit the plan to the Agency for Workforce
4421Innovation for approval. The Agency for Workforce Innovation may
4422approve the plan, reject the plan, or approve the plan with
4423conditions. The Agency for Workforce Innovation shall review
4424school readiness plans at least annually.
4425     3.  If the Agency for Workforce Innovation determines
4426during the annual review of school readiness plans, or through
4427monitoring and performance evaluations conducted under paragraph
4428(4)(l), that an early learning coalition has not substantially
4429implemented its plan, has not substantially met the performance
4430standards and outcome measures adopted by the agency, or has not
4431effectively administered the school readiness program or
4432Voluntary Prekindergarten Education Program, the Agency for
4433Workforce Innovation may dissolve the coalition and temporarily
4434contract with a qualified entity to continue school readiness
4435and prekindergarten services in the coalition's county or
4436multicounty region until the coalition is reestablished through
4437resubmission of a school readiness plan and approval by the
4438agency.
4439     4.  The Agency for Workforce Innovation shall adopt
4440criteria for the approval of school readiness plans. The
4441criteria must be consistent with the performance standards and
4442outcome measures adopted by the agency and must require each
4443approved plan to include the following minimum standards and
4444provisions:
4445     a.  A sliding fee scale establishing a copayment for
4446parents based upon their ability to pay, which is the same for
4447all program providers, to be implemented and reflected in each
4448program's budget.
4449     b.  A choice of settings and locations in licensed,
4450registered, religious-exempt, or school-based programs to be
4451provided to parents.
4452     c.  Instructional staff who have completed the training
4453course as required in s. 402.305(2)(d)1., as well as staff who
4454have additional training or credentials as required by the
4455Agency for Workforce Innovation. The plan must provide a method
4456for assuring the qualifications of all personnel in all program
4457settings.
4458     d.  Specific eligibility priorities for children within the
4459early learning coalition's county or multicounty region in
4460accordance with subsection (6).
4461     e.  Performance standards and outcome measures adopted by
4462the Agency for Workforce Innovation.
4463     f.  Payment rates adopted by the early learning coalition
4464and approved by the Agency for Workforce Innovation. Payment
4465rates may not have the effect of limiting parental choice or
4466creating standards or levels of services that have not been
4467authorized by the Legislature.
4468     g.  Systems support services, including a central agency,
4469child care resource and referral, eligibility determinations,
4470training of providers, and parent support and involvement.
4471     h.  Direct enhancement services to families and children.
4472System support and direct enhancement services shall be in
4473addition to payments for the placement of children in school
4474readiness programs.
4475     i.  The business organization of the early learning
4476coalition, which must include the coalition's articles of
4477incorporation and bylaws if the coalition is organized as a
4478corporation. If the coalition is not organized as a corporation
4479or other business entity, the plan must include the contract
4480with a fiscal agent. An early learning coalition may contract
4481with other coalitions to achieve efficiency in multicounty
4482services, and these contracts may be part of the coalition's
4483school readiness plan.
4484     j.  Strategies to meet the needs of unique populations,
4485such as migrant workers.
4486
4487As part of the school readiness plan, the early learning
4488coalition may request the Governor to apply for a waiver to
4489allow the coalition to administer the Head Start Program to
4490accomplish the purposes of the school readiness program. If a
4491school readiness plan demonstrates that specific statutory goals
4492can be achieved more effectively by using procedures that
4493require modification of existing rules, policies, or procedures,
4494a request for a waiver to the Agency for Workforce Innovation
4495may be submitted as part of the plan. Upon review, the Agency
4496for Workforce Innovation may grant the proposed modification.
4497     5.  Persons with an early childhood teaching certificate
4498may provide support and supervision to other staff in the school
4499readiness program.
4500     6.  An early learning coalition may not implement its
4501school readiness plan until it submits the plan to and receives
4502approval from the Agency for Workforce Innovation. Once the plan
4503is approved, the plan and the services provided under the plan
4504shall be controlled by the early learning coalition. The plan
4505shall be reviewed and revised as necessary, but at least
4506biennially. An early learning coalition may not implement the
4507revisions until the coalition submits the revised plan to and
4508receives approval from the Agency for Workforce Innovation. If
4509the Agency for Workforce Innovation rejects a revised plan, the
4510coalition must continue to operate under its prior approved
4511plan.
4512     7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do not
4513apply to an early learning coalition with an approved school
4514readiness plan. To facilitate innovative practices and to allow
4515the regional establishment of school readiness programs, an
4516early learning coalition may apply to the Governor and Cabinet
4517for a waiver of, and the Governor and Cabinet may waive, any of
4518the provisions of ss. 411.223, 411.232, and 1003.54, if the
4519waiver is necessary for implementation of the coalition's school
4520readiness plan.
4521     8.  Two or more counties may join for purposes of planning
4522and implementing a school readiness program.
4523     9.  An early learning coalition may, subject to approval by
4524the Agency for Workforce Innovation as part of the coalition's
4525school readiness plan, receive subsidized child care funds for
4526all children eligible for any federal subsidized child care
4527program.
4528     10.  An early learning coalition may enter into multiparty
4529contracts with multicounty service providers in order to meet
4530the needs of unique populations such as migrant workers.
4531     Section 145.  Paragraph (a) of subsection (3) of section
4532411.232, Florida Statutes, is amended to read:
4533     411.232  Children's Early Investment Program.--
4534     (3)  ESSENTIAL ELEMENTS.--
4535     (a)  Initially, the program shall be directed to geographic
4536areas where at-risk young children and their families are in
4537greatest need because of an unfavorable combination of economic,
4538social, environmental, and health factors, including, without
4539limitation, extensive poverty, high crime rate, great incidence
4540of low birthweight babies, high incidence of alcohol and drug
4541abuse, and high rates of teenage pregnancy. The selection of a
4542geographic site shall also consider the incidence of young
4543children within these at-risk geographic areas who are cocaine
4544babies, children of single mothers who receive temporary cash
4545assistance, children of teenage parents, low birthweight babies,
4546and very young foster children. To receive funding under this
4547section, an agency, board, council, or provider must
4548demonstrate:
4549     1.  Its capacity to administer and coordinate the programs
4550and services in a comprehensive manner and provide a flexible
4551range of services.;
4552     2.  Its capacity to identify and serve those children least
4553able to access existing programs and case management services.;
4554     3.  Its capacity to administer and coordinate the programs
4555and services in an intensive and continuous manner.;
4556     4.  The proximity of its facilities to young children,
4557parents, and other family members to be served by the program,
4558or its ability to provide offsite services.;
4559     5.  Its ability to use existing federal, state, and local
4560governmental programs and services in implementing the
4561investment program.;
4562     6.  Its ability to coordinate activities and services with
4563existing public and private, state and local agencies and
4564programs such as those responsible for health, education, social
4565support, mental health, child care, respite care, housing,
4566transportation, alcohol and drug abuse treatment and prevention,
4567income assistance, employment training and placement, nutrition,
4568and other relevant services, all the foregoing intended to
4569assist children and families at risk.;
4570     7.  How its plan will involve project participants and
4571community representatives in the planning and operation of the
4572investment program.;
4573     8.  Its ability to participate in the evaluation component
4574required in this section.; and
4575     9.  Its consistency with the strategic plan pursuant to s.
4576411.221.
4577     Section 146.  Section 411.242, Florida Statutes, is
4578repealed.
4579     Section 147.  Subsection (8) of section 413.402, Florida
4580Statutes, is amended to read:
4581     413.402  Personal care attendant pilot program.--The
4582Florida Association of Centers for Independent Living shall
4583develop a pilot program to provide personal care attendants to
4584persons who are eligible pursuant to subsection (1). The
4585association shall develop memoranda of understanding with the
4586Department of Revenue, the Brain and Spinal Cord Injury Program
4587in the Department of Health, the Florida Medicaid program in the
4588Agency for Health Care Administration, the Florida Endowment
4589Foundation for Vocational Rehabilitation, and the Division of
4590Vocational Rehabilitation of the Department of Education.
4591     (8)  No later than March 1, 2003, the association shall
4592present to the President of the Senate and to the Speaker of the
4593House of Representatives the implementation plan for the pilot
4594program, a timeline for implementation, estimates of the number
4595of participants to be served, and cost projections for each
4596component of the pilot program. The pilot program shall be
4597implemented beginning July 1, 2003, unless there is specific
4598legislative action to the contrary.
4599     Section 148.  Subsection (3) of section 414.1251, Florida
4600Statutes, is amended to read:
4601     414.1251  Learnfare program.--
4602     (3)  The department shall develop an electronic data
4603transfer system to enable the department to collect, report, and
4604share data accurately and efficiently. In order to ensure
4605accountability and assess the effectiveness of the Learnfare
4606program, the department shall compile information including, but
4607not limited to, the number of students and families reported by
4608school districts as out of compliance, the number of students
4609and families sanctioned as a result, and the number of students
4610and families reinstated after becoming compliant. The
4611information compiled shall be submitted in the form of an annual
4612report to the presiding officers of the Legislature by March 1.
4613     Section 149.  Section 414.14, Florida Statutes, is amended
4614to read:
4615     414.14  Public assistance policy simplification.--To the
4616extent possible, the department shall align the requirements for
4617eligibility under this chapter with the food stamp program and
4618medical assistance eligibility policies and procedures to
4619simplify the budgeting process and reduce errors. If the
4620department determines that s. 414.075, relating to resources, or
4621s. 414.085, relating to income, is inconsistent with related
4622provisions of federal law which govern the food stamp program or
4623medical assistance, and that conformance to federal law would
4624simplify administration of the WAGES Program or reduce errors
4625without materially increasing the cost of the program to the
4626state, the secretary of the department may propose a change in
4627the resource or income requirements of the program by rule. The
4628secretary shall provide written notice to the President of the
4629Senate, the Speaker of the House of Representatives, and the
4630chairpersons of the relevant committees of both houses of the
4631Legislature summarizing the proposed modifications to be made by
4632rule and changes necessary to conform state law to federal law.
4633The proposed rule shall take effect 14 days after written notice
4634is given unless the President of the Senate or the Speaker of
4635the House of Representatives advises the secretary that the
4636proposed rule exceeds the delegated authority of the
4637Legislature.
4638     Section 150.  Subsection (1) of section 414.36, Florida
4639Statutes, is amended to read:
4640     414.36  Public assistance overpayment recovery program;
4641contracts.--
4642     (1)  The department shall develop and implement a plan for
4643the statewide privatization of activities relating to the
4644recovery of public assistance overpayment claims. These
4645activities shall include, at a minimum, voluntary cash
4646collections functions for recovery of fraudulent and
4647nonfraudulent benefits paid to recipients of temporary cash
4648assistance, food stamps, and aid to families with dependent
4649children.
4650     Section 151.  Subsection (3) of section 414.391, Florida
4651Statutes, is amended to read:
4652     414.391  Automated fingerprint imaging.--
4653     (3)  The department shall prepare, by April 1998, a plan
4654for implementation of this program. Implementation shall begin
4655with a pilot of the program in one or more areas of the state by
4656November 1, 1998. Pilot evaluation results shall be used to
4657determine the method of statewide expansion. The priority for
4658use of the savings derived from reducing fraud through this
4659program shall be to expand the program to other areas of the
4660state.
4661     Section 152.  Subsection (6) of section 415.1045, Florida
4662Statutes, is amended to read:
4663     415.1045  Photographs, videotapes, and medical
4664examinations; abrogation of privileged communications;
4665confidential records and documents.--
4666     (6)  WORKING AGREEMENTS.--By March 1, 2004, The department
4667shall enter into working agreements with the jurisdictionally
4668responsible county sheriffs' office or local police department
4669that will be the lead agency when conducting any criminal
4670investigation arising from an allegation of abuse, neglect, or
4671exploitation of a vulnerable adult. The working agreement must
4672specify how the requirements of this chapter will be met. The
4673Office of Program Policy Analysis and Government Accountability
4674shall conduct a review of the efficacy of the agreements and
4675report its findings to the Legislature by March 1, 2005. For the
4676purposes of such agreement, the jurisdictionally responsible law
4677enforcement entity is authorized to share Florida criminal
4678history and local criminal history information that is not
4679otherwise exempt from s. 119.07(1) with the district personnel.
4680A law enforcement entity entering into such agreement must
4681comply with s. 943.0525. Criminal justice information provided
4682by such law enforcement entity shall be used only for the
4683purposes specified in the agreement and shall be provided at no
4684charge. Notwithstanding any other provision of law, the
4685Department of Law Enforcement shall provide to the department
4686electronic access to Florida criminal justice information which
4687is lawfully available and not exempt from s. 119.07(1), only for
4688the purpose of protective investigations and emergency
4689placement. As a condition of access to such information, the
4690department shall be required to execute an appropriate user
4691agreement addressing the access, use, dissemination, and
4692destruction of such information and to comply with all
4693applicable laws and rules of the Department of Law Enforcement.
4694     Section 153.  Subsection (9) of section 420.622, Florida
4695Statutes, is amended to read:
4696     420.622  State Office on Homelessness; Council on
4697Homelessness.--
4698     (9)  The council shall, by December 31 of each year,
4699provide issue to the Governor, the President of the Senate, the
4700Speaker of the House of Representatives, and the Secretary of
4701Children and Family Services an evaluation of the executive
4702director's performance in fulfilling the statutory duties of the
4703office, a report summarizing the status of homelessness in the
4704state and the council's recommendations to the office and the
4705corresponding actions taken by the office, and any
4706recommendations to the Legislature for reducing proposals to
4707reduce homelessness in this state.
4708     Section 154.  Subsection (4) of section 420.623, Florida
4709Statutes, is amended to read:
4710     420.623  Local coalitions for the homeless.--
4711     (4)  ANNUAL REPORTS.--The department shall submit to the
4712Governor, the Speaker of the House of Representatives, and the
4713President of the Senate, by June 30, an annual report consisting
4714of a compilation of data collected by local coalitions, progress
4715made in the development and implementation of local homeless
4716assistance continuums of care plans in each district, local
4717spending plans, programs and resources available at the local
4718level, and recommendations for programs and funding.
4719     Section 155.  Subsection (9) of section 427.704, Florida
4720Statutes, is amended to read:
4721     427.704  Powers and duties of the commission.--
4722     (9)  The commission shall prepare provide to the President
4723of the Senate and to the Speaker of the House of Representatives
4724an annual report on the operation of the telecommunications
4725access system that shall be available on the commission's
4726Internet website. The first report shall be provided no later
4727than January 1, 1992, and successive reports shall be provided
4728by January 1 of each year thereafter. Reports shall be prepared
4729in consultation with the administrator and the advisory
4730committee appointed pursuant to s. 427.706. The reports shall,
4731at a minimum, briefly outline the status of developments of the
4732telecommunications access system, the number of persons served,
4733the call volume, revenues and expenditures, the allocation of
4734the revenues and expenditures between provision of specialized
4735telecommunications devices to individuals and operation of
4736statewide relay service, other major policy or operational
4737issues, and proposals for improvements or changes to the
4738telecommunications access system.
4739     Section 156.  Subsection (2) of section 427.706, Florida
4740Statutes, is amended to read:
4741     427.706  Advisory committee.--
4742     (2)  The advisory committee shall provide the expertise,
4743experience, and perspective of persons who are hearing impaired
4744or speech impaired to the commission and to the administrator
4745during all phases of the development and operation of the
4746telecommunications access system. The advisory committee shall
4747advise the commission and the administrator on any matter
4748relating to the quality and cost-effectiveness of the
4749telecommunications relay service and the specialized
4750telecommunications devices distribution system. The advisory
4751committee may submit material for inclusion in the annual report
4752prepared pursuant to s. 427.704 to the President of the Senate
4753and the Speaker of the House of Representatives.
4754     Section 157.  Subsections (3) through (16) of section
4755430.04, Florida Statutes, are amended to read:
4756     430.04  Duties and responsibilities of the Department of
4757Elderly Affairs.--The Department of Elderly Affairs shall:
4758     (3)  Prepare and submit to the Governor, each Cabinet
4759member, the President of the Senate, the Speaker of the House of
4760Representatives, the minority leaders of the House and Senate,
4761and chairpersons of appropriate House and Senate committees a
4762master plan for policies and programs in the state related to
4763aging. The plan must identify and assess the needs of the
4764elderly population in the areas of housing, employment,
4765education and training, medical care, long-term care, preventive
4766care, protective services, social services, mental health,
4767transportation, and long-term care insurance, and other areas
4768considered appropriate by the department. The plan must assess
4769the needs of particular subgroups of the population and evaluate
4770the capacity of existing programs, both public and private and
4771in state and local agencies, to respond effectively to
4772identified needs. If the plan recommends the transfer of any
4773program or service from the Department of Children and Family
4774Services to another state department, the plan must also include
4775recommendations that provide for an independent third-party
4776mechanism, as currently exists in the Florida advocacy councils
4777established in ss. 402.165 and 402.166, for protecting the
4778constitutional and human rights of recipients of departmental
4779services. The plan must include policy goals and program
4780strategies designed to respond efficiently to current and
4781projected needs. The plan must also include policy goals and
4782program strategies to promote intergenerational relationships
4783and activities. Public hearings and other appropriate processes
4784shall be utilized by the department to solicit input for the
4785development and updating of the master plan from parties
4786including, but not limited to, the following:
4787     (a)  Elderly citizens and their families and caregivers.
4788     (b)  Local-level public and private service providers,
4789advocacy organizations, and other organizations relating to the
4790elderly.
4791     (c)  Local governments.
4792     (d)  All state agencies that provide services to the
4793elderly.
4794     (e)  University centers on aging.
4795     (f)  Area agency on aging and community care for the
4796elderly lead agencies.
4797     (3)(4)  Serve as an information clearinghouse at the state
4798level, and assist local-level information and referral resources
4799as a repository and means for dissemination of information
4800regarding all federal, state, and local resources for assistance
4801to the elderly in the areas of, but not limited to, health,
4802social welfare, long-term care, protective services, consumer
4803protection, education and training, housing, employment,
4804recreation, transportation, insurance, and retirement.
4805     (4)(5)  Recommend guidelines for the development of roles
4806for state agencies that provide services for the aging, review
4807plans of agencies that provide such services, and relay these
4808plans to the Governor, each Cabinet member, the President of the
4809Senate, the Speaker of the House of Representatives, and the
4810minority leaders of the House and Senate, and chairpersons of
4811appropriate House and Senate committees.
4812     (5)(6)  Recommend to the Governor, each Cabinet member, the
4813President of the Senate, the Speaker of the House of
4814Representatives, and the minority leaders of the House and
4815Senate, and chairpersons of appropriate House and Senate
4816committees an organizational framework for the planning,
4817coordination, implementation, and evaluation of programs related
4818to aging, with the purpose of expanding and improving programs
4819and opportunities available to the state's elderly population
4820and enhancing a continuum of long-term care. This framework must
4821assure that:
4822     (a)  Performance objectives are established.
4823     (b)  Program reviews are conducted statewide.
4824     (c)  Each major program related to aging is reviewed every
48253 years.
4826     (d)  Agency budget requests reflect the results and
4827recommendations of such program reviews.
4828     (d)(e)  Program decisions reinforce lead to the distinctive
4829roles established for state agencies that provide aging
4830services.
4831     (6)(7)  Advise the Governor, each Cabinet member, the
4832President of the Senate, the Speaker of the House of
4833Representatives, and the minority leaders of the House and
4834Senate, and the chairpersons of appropriate House and Senate
4835committees regarding the need for and location of programs
4836related to aging.
4837     (7)(8)  Review and coordinate aging research plans of all
4838state agencies to ensure that the conformance of research
4839objectives address to issues and needs of the state's elderly
4840population addressed in the master plan for policies and
4841programs related to aging. The research activities that must be
4842reviewed and coordinated by the department include, but are not
4843limited to, contracts with academic institutions, development of
4844educational and training curriculums, Alzheimer's disease and
4845other medical research, studies of long-term care and other
4846personal assistance needs, and design of adaptive or modified
4847living environments.
4848     (8)(9)  Review budget requests for programs related to
4849aging to ensure the most cost-effective use of state funding for
4850the state's elderly population prior to for compliance with the
4851master plan for policies and programs related to aging before
4852submission to the Governor and the Legislature.
4853     (10)  Update the master plan for policies and programs
4854related to aging every 3 years.
4855     (11)  Review implementation of the master plan for programs
4856and policies related to aging and annually report to the
4857Governor, each Cabinet member, the President of the Senate, the
4858Speaker of the House of Representatives, the minority leaders of
4859the House and Senate, and the chairpersons of appropriate House
4860and Senate committees the progress towards implementation of the
4861plan.
4862     (9)(12)  Request other departments that administer programs
4863affecting the state's elderly population to amend their plans,
4864rules, policies, and research objectives as necessary to ensure
4865that programs and other initiatives are coordinated and maximize
4866the state's efforts to address the needs of the elderly conform
4867with the master plan for policies and programs related to aging.
4868     (10)(13)  Hold public meetings regularly throughout the
4869state for purposes of receiving information and maximizing the
4870visibility of important issues related to aging and the elderly.
4871     (11)(14)  Conduct policy analysis and program evaluation
4872studies assigned by the Legislature.
4873     (12)(15)  Assist the Governor, each Cabinet member, the
4874President of the Senate, the Speaker of the House of
4875Representatives, and the minority leaders of the House and
4876Senate, and the chairpersons of appropriate House and Senate
4877committees in the conduct of their responsibilities in such
4878capacities as they consider appropriate.
4879     (13)(16)  Call upon appropriate agencies of state
4880government for such assistance as is needed in the discharge of
4881its duties. All agencies shall cooperate in assisting the
4882department in carrying out its responsibilities as prescribed by
4883this section. However, no provision of law with respect to
4884confidentiality of information may be violated.
4885     Section 158.  Subsections (3) and (8) of section 430.502,
4886Florida Statutes, are amended to read:
4887     430.502  Alzheimer's disease; memory disorder clinics and
4888day care and respite care programs.--
4889     (3)  The Alzheimer's Disease Advisory Committee shall must
4890evaluate and make recommendations to the department and the
4891Legislature concerning the need for additional memory disorder
4892clinics in the state. The first report will be due by December
489331, 1995.
4894     (8)  The department will implement the waiver program
4895specified in subsection (7). The agency and the department shall
4896ensure that providers are selected that have a history of
4897successfully serving persons with Alzheimer's disease. The
4898department and the agency shall develop specialized standards
4899for providers and services tailored to persons in the early,
4900middle, and late stages of Alzheimer's disease and designate a
4901level of care determination process and standard that is most
4902appropriate to this population. The department and the agency
4903shall include in the waiver services designed to assist the
4904caregiver in continuing to provide in-home care. The department
4905shall implement this waiver program subject to a specific
4906appropriation or as provided in the General Appropriations Act.
4907The department and the agency shall submit their program design
4908to the President of the Senate and the Speaker of the House of
4909Representatives for consultation during the development process.
4910     Section 159.  Paragraph (a) of subsection (3) and paragraph
4911(c) of subsection (4) of section 445.003, Florida Statutes, are
4912amended to read:
4913     445.003  Implementation of the federal Workforce Investment
4914Act of 1998.--
4915     (3)  FUNDING.--
4916     (a)  Title I, Workforce Investment Act of 1998 funds;
4917Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
4918based on the 5-year plan of Workforce Florida, Inc. The plan
4919shall outline and direct the method used to administer and
4920coordinate various funds and programs that are operated by
4921various agencies. The following provisions shall also apply to
4922these funds:
4923     1.  At least 50 percent of the Title I funds for Adults and
4924Dislocated Workers that are passed through to regional workforce
4925boards shall be allocated to Individual Training Accounts unless
4926a regional workforce board obtains a waiver from Workforce
4927Florida, Inc. Tuition, fees, and performance-based incentive
4928awards paid in compliance with Florida's Performance-Based
4929Incentive Fund Program qualify as an Individual Training Account
4930expenditure, as do other programs developed by regional
4931workforce boards in compliance with policies of Workforce
4932Florida, Inc.
4933     2.  Fifteen percent of Title I funding shall be retained at
4934the state level and shall be dedicated to state administration
4935and used to design, develop, induce, and fund innovative
4936Individual Training Account pilots, demonstrations, and
4937programs. Of such funds retained at the state level, $2 million
4938shall be reserved for the Incumbent Worker Training Program,
4939created under subparagraph 3. Eligible state administration
4940costs include the costs of: funding for the board and staff of
4941Workforce Florida, Inc.; operating fiscal, compliance, and
4942management accountability systems through Workforce Florida,
4943Inc.; conducting evaluation and research on workforce
4944development activities; and providing technical and capacity
4945building assistance to regions at the direction of Workforce
4946Florida, Inc. Notwithstanding s. 445.004, such administrative
4947costs shall not exceed 25 percent of these funds. An amount not
4948to exceed 75 percent of these funds shall be allocated to
4949Individual Training Accounts and other workforce development
4950strategies for: the Minority Teacher Education Scholars program,
4951the Certified Teacher-Aide program, the Self-Employment
4952Institute, and other training designed and tailored by Workforce
4953Florida, Inc., including, but not limited to, programs for
4954incumbent workers, displaced homemakers, nontraditional
4955employment, empowerment zones, and enterprise zones. Workforce
4956Florida, Inc., shall design, adopt, and fund Individual Training
4957Accounts for distressed urban and rural communities.
4958     3.  The Incumbent Worker Training Program is created for
4959the purpose of providing grant funding for continuing education
4960and training of incumbent employees at existing Florida
4961businesses. The program will provide reimbursement grants to
4962businesses that pay for preapproved, direct, training-related
4963costs.
4964     a.  The Incumbent Worker Training Program will be
4965administered by Workforce Florida, Inc. Workforce Florida, Inc.,
4966at its discretion, may contract with a private business
4967organization to serve as grant administrator.
4968     b.  To be eligible for the program's grant funding, a
4969business must have been in operation in Florida for a minimum of
49701 year prior to the application for grant funding; have at least
4971one full-time employee; demonstrate financial viability; and be
4972current on all state tax obligations. Priority for funding shall
4973be given to businesses with 25 employees or fewer, businesses in
4974rural areas, businesses in distressed inner-city areas,
4975businesses in a qualified targeted industry, businesses whose
4976grant proposals represent a significant upgrade in employee
4977skills, or businesses whose grant proposals represent a
4978significant layoff avoidance strategy.
4979     c.  All costs reimbursed by the program must be preapproved
4980by Workforce Florida, Inc., or the grant administrator. The
4981program will not reimburse businesses for trainee wages, the
4982purchase of capital equipment, or the purchase of any item or
4983service that may possibly be used outside the training project.
4984A business approved for a grant may be reimbursed for
4985preapproved, direct, training-related costs including tuition
4986and fees; books and classroom materials; and overhead or
4987indirect costs not to exceed 5 percent of the grant amount.
4988     d.  A business that is selected to receive grant funding
4989must provide a matching contribution to the training project,
4990including, but not limited to, wages paid to trainees or the
4991purchase of capital equipment used in the training project; must
4992sign an agreement with Workforce Florida, Inc., or the grant
4993administrator to complete the training project as proposed in
4994the application; must keep accurate records of the project's
4995implementation process; and must submit monthly or quarterly
4996reimbursement requests with required documentation.
4997     e.  All Incumbent Worker Training Program grant projects
4998shall be performance-based with specific measurable performance
4999outcomes, including completion of the training project and job
5000retention. Workforce Florida, Inc., or the grant administrator
5001shall withhold the final payment to the grantee until a final
5002grant report is submitted and all performance criteria specified
5003in the grant contract have been achieved.
5004     f.  Workforce Florida, Inc., may establish guidelines
5005necessary to implement the Incumbent Worker Training Program.
5006     g.  No more than 10 percent of the Incumbent Worker
5007Training Program's total appropriation may be used for overhead
5008or indirect purposes.
5009     h.  Workforce Florida, Inc., shall submit a report to the
5010Legislature on the financial and general operations of the
5011Incumbent Worker Training Program as part of its annual report
5012submitted pursuant to s. 445.004. Such report will be due before
5013October 1 of any fiscal year for which the program is funded by
5014the Legislature.
5015     4.  At least 50 percent of Rapid Response funding shall be
5016dedicated to Intensive Services Accounts and Individual Training
5017Accounts for dislocated workers and incumbent workers who are at
5018risk of dislocation. Workforce Florida, Inc., shall also
5019maintain an Emergency Preparedness Fund from Rapid Response
5020funds which will immediately issue Intensive Service Accounts
5021and Individual Training Accounts as well as other federally
5022authorized assistance to eligible victims of natural or other
5023disasters. At the direction of the Governor, for events that
5024qualify under federal law, these Rapid Response funds shall be
5025released to regional workforce boards for immediate use. Funding
5026shall also be dedicated to maintain a unit at the state level to
5027respond to Rapid Response emergencies around the state, to work
5028with state emergency management officials, and to work with
5029regional workforce boards. All Rapid Response funds must be
5030expended based on a plan developed by Workforce Florida, Inc.,
5031and approved by the Governor.
5032     (4)  FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
5033MODIFICATIONS.--
5034     (c)  Workforce Florida, Inc., may make modifications to the
5035state's plan, policies, and procedures to comply with federally
5036mandated requirements that in its judgment must be complied with
5037to maintain funding provided pursuant to Pub. L. No. 105-220.
5038The board shall notify in writing the Governor, the President of
5039the Senate, and the Speaker of the House of Representatives
5040within 30 days after any such changes or modifications.
5041     Section 160.  Paragraph (a) of subsection (3) of section
5042445.004, Florida Statutes, is amended to read:
5043     445.004  Workforce Florida, Inc.; creation; purpose;
5044membership; duties and powers.--
5045     (3)(a)  Workforce Florida, Inc., shall be governed by a
5046board of directors, the number of directors to be determined by
5047the Governor, whose membership and appointment must be
5048consistent with Pub. L. No. 105-220, Title I, s. 111(b), and
5049contain one member representing the licensed nonpublic
5050postsecondary educational institutions authorized as individual
5051training account providers, one member from the staffing service
5052industry, at least one member who is a current or former
5053recipient of welfare transition services as defined in s.
5054445.002(3) or workforce services as provided in s. 445.009(1),
5055and five representatives of organized labor who shall be
5056appointed by the Governor. Notwithstanding s. 114.05(1)(f), the
5057Governor may appoint remaining members to Workforce Florida,
5058Inc., from the current Workforce Development Board and the WAGES
5059Program State Board of Directors, established pursuant to
5060chapter 96-175, Laws of Florida, to serve on the reconstituted
5061board. By July 1, 2000, the Workforce Development Board will
5062provide to the Governor a transition plan to incorporate the
5063changes required by this act and Pub. L. No. 105-220, specifying
5064the manner of changes to the board. This plan shall govern the
5065transition, unless otherwise notified by the Governor. The
5066importance of minority, gender, and geographic representation
5067shall be considered when making appointments to the board.
5068     Section 161.  Subsection (1) and paragraph (a) of
5069subsection (6) of section 445.006, Florida Statutes, are amended
5070to read:
5071     445.006  Strategic plan for workforce development.--
5072     (1)  Workforce Florida, Inc., in conjunction with state and
5073local partners in the workforce system, shall develop a
5074strategic plan for workforce, with the goal of producing skilled
5075employees for employers in the state. The strategic plan shall
5076be submitted to the Governor, the President of the Senate, and
5077the Speaker of the House of Representatives by February 1, 2001.
5078The strategic plan shall be updated or modified by January 1 of
5079each year thereafter. The plan must include, but need not be
5080limited to, strategies for:
5081     (a)  Fulfilling the workforce system goals and strategies
5082prescribed in s. 445.004;
5083     (b)  Aggregating, integrating, and leveraging workforce
5084system resources;
5085     (c)  Coordinating the activities of federal, state, and
5086local workforce system partners;
5087     (d)  Addressing the workforce needs of small businesses;
5088and
5089     (e)  Fostering the participation of rural communities and
5090distressed urban cores in the workforce system.
5091     (6)(a)  The strategic plan must include strategies that are
5092designed to prevent or reduce the need for a person to receive
5093public assistance. These strategies must include:
5094     1.  A teen pregnancy prevention component that includes,
5095but is not limited to, a plan for implementing the Florida
5096Education Now and Babies Later (ENABL) program under s. 411.242
5097and the Teen Pregnancy Prevention Community Initiative within
5098each county of the services area in which the teen birth rate is
5099higher than the state average;
5100     2.  A component that encourages creation of community-based
5101welfare prevention and reduction initiatives that increase
5102support provided by noncustodial parents to their welfare-
5103dependent children and are consistent with program and financial
5104guidelines developed by Workforce Florida, Inc., and the
5105Commission on Responsible Fatherhood. These initiatives may
5106include, but are not limited to, improved paternity
5107establishment, work activities for noncustodial parents,
5108programs aimed at decreasing out-of-wedlock pregnancies,
5109encouraging involvement of fathers with their children including
5110court-ordered supervised visitation, and increasing child
5111support payments;
5112     3.  A component that encourages formation and maintenance
5113of two-parent families through, among other things, court-
5114ordered supervised visitation;
5115     4.  A component that fosters responsible fatherhood in
5116families receiving assistance; and
5117     5.  A component that fosters provision of services that
5118reduce the incidence and effects of domestic violence on women
5119and children in families receiving assistance.
5120     Section 162.  Subsection (4) of section 445.022, Florida
5121Statutes, is amended to read:
5122     445.022  Retention Incentive Training Accounts.--To promote
5123job retention and to enable upward job advancement into higher
5124skilled, higher paying employment, the board of directors of
5125Workforce Florida, Inc., and regional workforce boards may
5126assemble, from postsecondary education institutions, a list of
5127programs and courses for participants who have become employed
5128which promote job retention and advancement.
5129     (4)  Regional workforce boards shall report annually to the
5130Legislature on the measurable retention and advancement success
5131of each program provider and the effectiveness of RITAs, making
5132recommendations for any needed changes or modifications.
5133     Section 163.  Subsection (9) of section 445.049, Florida
5134Statutes, is amended to read:
5135     445.049  Digital Divide Council.--
5136     (9)  ANNUAL REPORT.--By March 1, 2002, the council, through
5137the State Technology Office, shall report to the Executive
5138Office of the Governor, the Speaker of the House of
5139Representatives, and the President of the Senate the results of
5140the council's monitoring, reviewing, and evaluating such
5141programs since their inception and the council's recommendations
5142as to whether such programs should be continued and expanded to
5143achieve the objectives and goals stated in this section.
5144     Section 164.  Section 446.27, Florida Statutes, is
5145repealed.
5146     Section 165.  Paragraphs (a) and (c) of subsection (4) of
5147section 446.50, Florida Statutes, are amended to read:
5148     446.50  Displaced homemakers; multiservice programs; 3-year
5149plan report to the Legislature; Displaced Homemaker Trust Fund
5150created.--
5151     (4)  STATE PLAN.--
5152     (a)  The Agency for Workforce Innovation shall develop a
51533-year state plan for the displaced homemaker program which
5154shall be updated annually and submitted to the President of the
5155Senate and the Speaker of the House of Representative by January
51561. The plan must address, at a minimum, the need for programs
5157specifically designed to serve displaced homemakers, any
5158necessary service components for such programs in addition to
5159those enumerated in this section, goals of the displaced
5160homemaker program with an analysis of the extent to which those
5161goals are being met, and recommendations for ways to address any
5162unmet program goals. Any request for funds for program expansion
5163must be based on the state plan.
5164     (c)  The 3-year state plan must be submitted to the
5165President of the Senate, the Speaker of the House of
5166Representatives, and the Governor on or before January 1, 2001,
5167and annual updates of the plan must be submitted by January 1 of
5168each subsequent year.
5169     Section 166.  Section 455.204, Florida Statutes, is
5170repealed.
5171     Section 167.  Subsection (8) of section 455.2226, Florida
5172Statutes, is amended to read:
5173     455.2226  Funeral directors and embalmers; instruction on
5174HIV and AIDS.--
5175     (8)  The board shall report to the Legislature by March 1
5176of each year as to the implementation and compliance with the
5177requirements of this section.
5178     Section 168.  Subsections (4) and (6) of section 455.2228,
5179Florida Statutes, are amended to read:
5180     455.2228  Barbers and cosmetologists; instruction on HIV
5181and AIDS.--
5182     (4)  As of December 31, 1992, The board, or the department
5183where there is no board, shall require, as a condition of
5184granting a license under any of the chapters or parts thereof
5185specified in subsection (1), that an applicant making initial
5186application for licensure complete an educational course
5187acceptable to the board, or the department where there is no
5188board, on human immunodeficiency virus and acquired immune
5189deficiency syndrome. An applicant who has not taken a course at
5190the time of licensure shall, upon an affidavit showing good
5191cause, be allowed 6 months to complete this requirement.
5192     (6)  The board, or the department where there is no board,
5193shall report to the Legislature by March 1 of each year as to
5194the implementation and compliance with the requirements of this
5195section.
5196     Section 169.  Section 456.005, Florida Statutes, is amended
5197to read:
5198     456.005  Long-range policy planning; plans, reports, and
5199recommendations.--To facilitate efficient and cost-effective
5200regulation, the department and the board, where appropriate,
5201shall develop and implement a long-range policy planning and
5202monitoring process to include recommendations specific to each
5203profession. Such process shall include estimates of revenues,
5204expenditures, cash balances, and performance statistics for each
5205profession. The period covered shall not be less than 5 years.
5206The department, with input from the boards and licensees, shall
5207develop and adopt the long-range plan and must obtain the
5208approval of the secretary. The department shall monitor
5209compliance with the approved long-range plan and, with input
5210from the boards and licensees, shall annually update the plans
5211for approval by the secretary. The department shall provide
5212concise management reports to the boards quarterly. As part of
5213the review process, the department shall evaluate:
5214     (1)  Whether the department, including the boards and the
5215various functions performed by the department, is operating
5216efficiently and effectively and if there is a need for a board
5217or council to assist in cost-effective regulation.
5218     (2)  How and why the various professions are regulated.
5219     (3)  Whether there is a need to continue regulation, and to
5220what degree.
5221     (4)  Whether or not consumer protection is adequate, and
5222how it can be improved.
5223     (5)  Whether there is consistency between the various
5224practice acts.
5225     (6)  Whether unlicensed activity is adequately enforced.
5226
5227Such plans should include conclusions and recommendations on
5228these and other issues as appropriate. Such plans shall be
5229provided to the Governor and the Legislature by November 1 of
5230each year.
5231     Section 170.  Subsection (9) of section 456.025, Florida
5232Statutes, is amended to read:
5233     456.025  Fees; receipts; disposition.--
5234     (9)  The department shall provide a condensed management
5235report of revenues and expenditures budgets, finances,
5236performance measures statistics, and recommendations to each
5237board at least once a quarter. The department shall identify and
5238include in such presentations any changes, or projected changes,
5239made to the board's budget since the last presentation.
5240     Section 171.  Subsection (5) of section 456.031, Florida
5241Statutes, is amended to read:
5242     456.031  Requirement for instruction on domestic
5243violence.--
5244     (5)  Each board shall report to the President of the
5245Senate, the Speaker of the House of Representatives, and the
5246chairs of the appropriate substantive committees of the
5247Legislature by March 1 of each year as to the implementation of
5248and compliance with the requirements of this section.
5249     Section 172.  Subsection (8) of section 456.033, Florida
5250Statutes, is amended to read:
5251     456.033  Requirement for instruction for certain licensees
5252on HIV and AIDS.--
5253     (8)  The board shall report to the Legislature by March 1
5254of each year as to the implementation and compliance with the
5255requirements of this section.
5256     Section 173.  Subsection (6) of section 456.034, Florida
5257Statutes, is amended to read:
5258     456.034  Athletic trainers and massage therapists;
5259requirement for instruction on HIV and AIDS.--
5260     (6)  The board, or the department where there is no board,
5261shall report to the Legislature by March 1 of each year as to
5262the implementation and compliance with the requirements of this
5263section.
5264     Section 174.  Subsections (3) and (4) of section 517.302,
5265Florida Statutes, are amended to read:
5266     517.302  Criminal penalties; alternative fine; Anti-Fraud
5267Trust Fund; time limitation for criminal prosecution.--
5268     (3)  In lieu of a fine otherwise authorized by law, a
5269person who has been convicted of or who has pleaded guilty or no
5270contest to having engaged in conduct in violation of the
5271provisions of this chapter may be sentenced to pay a fine that
5272does not exceed the greater of three times the gross value
5273gained or three times the gross loss caused by such conduct,
5274plus court costs and the costs of investigation and prosecution
5275reasonably incurred.
5276     (4)(a)  There is created within the office a trust fund to
5277be known as the Anti-Fraud Trust Fund. Any amounts assessed as
5278costs of investigation and prosecution under this subsection
5279shall be deposited in the trust fund. Funds deposited in such
5280trust fund shall be used, when authorized by appropriation, for
5281investigation and prosecution of administrative, civil, and
5282criminal actions arising under the provisions of this chapter.
5283Funds may also be used to improve the public's awareness and
5284understanding of prudent investing.
5285     (b)  The office shall report to the Executive Office of the
5286Governor annually by November 15, the amounts deposited into the
5287Anti-Fraud Trust Fund during the previous fiscal year. The
5288Executive Office of the Governor shall distribute these reports
5289to the President of the Senate and the Speaker of the House of
5290Representatives.
5291     (5)(4)  Criminal prosecution for offenses under this
5292chapter is subject to the time limitations of s. 775.15.
5293     Section 175.  Section 526.3135, Florida Statutes, is
5294repealed.
5295     Section 176.  Subsection (3) of section 531.415, Florida
5296Statutes, is amended to read:
5297     531.415  Fees.--
5298     (3)  The department shall notify the Legislature when the
5299fees provided in this section are no longer sufficient to cover
5300the direct and indirect costs of tests and calibrations
5301described in this section.
5302     Section 177.  Section 553.975, Florida Statutes, is
5303repealed.
5304     Section 178.  Subsection (3) of section 570.0705, Florida
5305Statutes, is amended to read:
5306     570.0705  Advisory committees.--From time to time the
5307commissioner may appoint any advisory committee to assist the
5308department with its duties and responsibilities.
5309     (3)  On January 1 of each year the commissioner shall
5310submit to the President of the Senate, the Speaker of the House
5311of Representatives, and the minority leaders of the Senate and
5312the House of Representatives a list of each advisory committee
5313established in the department.
5314     Section 179.  Subsection (5) of section 570.0725, Florida
5315Statutes, is amended to read:
5316     570.0725  Food recovery; legislative intent; department
5317functions.--
5318     (5)  The department shall account for the direct and
5319indirect costs associated with supporting food recovery programs
5320throughout the state. It shall submit a report to the President
5321of the Senate and the Speaker of the House of Representatives by
5322November 1, for the previous fiscal year, when state funds are
5323spent for this purpose. The report must include, but need not be
5324limited to, the identity of organizations receiving funds, the
5325amount of funds disbursed to these organizations, other uses of
5326food recovery funds, and estimates of the amount of fresh
5327produce recovered.
5328     Section 180.  Subsection (3) of section 570.235, Florida
5329Statutes, is amended to read:
5330     570.235  Pest Exclusion Advisory Committee.--
5331     (3)  The committee shall issue a report of its findings to
5332the Commissioner of Agriculture, the Governor, the Speaker of
5333the House of Representatives, and the President of the Senate by
5334January 1, 2001.
5335     Section 181.  Subsection (3) of section 570.543, Florida
5336Statutes, is amended to read:
5337     570.543  Florida Consumers' Council.--The Florida
5338Consumers' Council in the department is created to advise and
5339assist the department in carrying out its duties.
5340     (3)  RECOMMENDATIONS.--The council shall transmit a written
5341summary of its legislative recommendations to the President of
5342the Senate and the Speaker of the House of Representatives at
5343least 60 days prior to the regular legislative session.
5344Recommendations regarding legislation which has been filed shall
5345be submitted within 30 days after the commencement of a
5346legislative session.
5347     Section 182.  Subsection (5) of section 570.952, Florida
5348Statutes, is amended to read:
5349     570.952  Florida Agriculture Center and Horse Park
5350Authority.--
5351     (5)  The commissioner shall submit information annually to
5352the Speaker of the House of Representatives and the President of
5353the Senate reporting the activities of the Florida Agriculture
5354Center and Horse Park Authority and the progress of the Florida
5355Agriculture Center and Horse Park, including, but not limited
5356to, pertinent planning, budgeting, and operational information
5357concerning the authority.
5358     Section 183.  Section 603.204, Florida Statutes, is amended
5359to read:
5360     603.204  South Florida Tropical Fruit Plan.--
5361     (1)  The Commissioner of Agriculture, in consultation with
5362the Tropical Fruit Advisory Council, shall develop and update,
5363at least 90 days prior to the 1991 legislative session, submit
5364to the President of the Senate, the Speaker of the House of
5365Representatives, and the chairs of appropriate Senate and House
5366of Representatives committees, a South Florida Tropical Fruit
5367Plan, which shall identify problems and constraints of the
5368tropical fruit industry, propose possible solutions to such
5369problems, and develop planning mechanisms for orderly growth of
5370the industry, including:
5371     (1)(a)  Criteria for tropical fruit research, service, and
5372management priorities.
5373     (2)(b)  Additional Proposed legislation which may be
5374required.
5375     (3)(c)  Plans relating to other tropical fruit programs and
5376related disciplines in the State University System.
5377     (4)(d)  Potential tropical fruit products in terms of
5378market and needs for development.
5379     (5)(e)  Evaluation of production and fresh fruit policy
5380alternatives, including, but not limited to, setting minimum
5381grades and standards, promotion and advertising, development of
5382production and marketing strategies, and setting minimum
5383standards on types and quality of nursery plants.
5384     (6)(f)  Evaluation of policy alternatives for processed
5385tropical fruit products, including, but not limited to, setting
5386minimum quality standards and development of production and
5387marketing strategies.
5388     (7)(g)  Research and service priorities for further
5389development of the tropical fruit industry.
5390     (8)(h)  Identification of state agencies and public and
5391private institutions concerned with research, education,
5392extension, services, planning, promotion, and marketing
5393functions related to tropical fruit development, and delineation
5394of contributions and responsibilities. The recommendations in
5395the South Florida Tropical Fruit plan relating to education or
5396research shall be submitted to the Institute of Food and
5397Agricultural Sciences. The recommendations relating to
5398regulation or marketing shall be submitted to the Department of
5399Agriculture and Consumer Services.
5400     (9)(i)  Business planning, investment potential, financial
5401risks, and economics of production and utilization.
5402     (2)  A revision and update of the South Florida Tropical
5403Fruit Plan shall be submitted biennially, and a progress report
5404and budget request shall be submitted annually, to the officials
5405specified in subsection (1).
5406     Section 184.  Paragraph (d) of subsection (6) of section
5407627.351, Florida Statutes, is amended to read:
5408     627.351  Insurance risk apportionment plans.--
5409     (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
5410     (d)1.  It is the intent of the Legislature that the rates
5411for coverage provided by the corporation be actuarially sound
5412and not competitive with approved rates charged in the admitted
5413voluntary market, so that the corporation functions as a
5414residual market mechanism to provide insurance only when the
5415insurance cannot be procured in the voluntary market. Rates
5416shall include an appropriate catastrophe loading factor that
5417reflects the actual catastrophic exposure of the corporation.
5418     2.  For each county, the average rates of the corporation
5419for each line of business for personal lines residential
5420policies excluding rates for wind-only policies shall be no
5421lower than the average rates charged by the insurer that had the
5422highest average rate in that county among the 20 insurers with
5423the greatest total direct written premium in the state for that
5424line of business in the preceding year, except that with respect
5425to mobile home coverages, the average rates of the corporation
5426shall be no lower than the average rates charged by the insurer
5427that had the highest average rate in that county among the 5
5428insurers with the greatest total written premium for mobile home
5429owner's policies in the state in the preceding year.
5430     3.  Rates for personal lines residential wind-only policies
5431must be actuarially sound and not competitive with approved
5432rates charged by authorized insurers. However, for personal
5433lines residential wind-only policies issued or renewed between
5434July 1, 2002, and June 30, 2003, the maximum premium increase
5435must be no greater than 10 percent of the Florida Windstorm
5436Underwriting Association premium for that policy in effect on
5437June 30, 2002, as adjusted for coverage changes and seasonal
5438occupancy surcharges. For personal lines residential wind-only
5439policies issued or renewed between July 1, 2003, and June 30,
54402004, the corporation shall use its existing filed and approved
5441wind-only rating and classification plans, provided, however,
5442that the maximum premium increase must be no greater than 20
5443percent of the premium for that policy in effect on June 30,
54442003, as adjusted for coverage changes and seasonal occupancy
5445surcharges. Corporation rate manuals shall include a rate
5446surcharge for seasonal occupancy. To ensure that personal lines
5447residential wind-only rates effective on or after July 1, 2004,
5448are not competitive with approved rates charged by authorized
5449insurers, the corporation, in conjunction with the office, shall
5450develop a wind-only ratemaking methodology, which methodology
5451shall be contained in a rate filing made by the corporation with
5452the office by January 1, 2004. If the office thereafter
5453determines that the wind-only rates or rating factors filed by
5454the corporation fail to comply with the wind-only ratemaking
5455methodology provided for in this subsection, it shall so notify
5456the corporation and require the corporation to amend its rates
5457or rating factors to come into compliance within 90 days of
5458notice from the office. The office shall report to the Speaker
5459of the House of Representatives and the President of the Senate
5460on the provisions of the wind-only ratemaking methodology by
5461January 31, 2004.
5462     4.  Rates for commercial lines coverage shall not be
5463subject to the requirements of subparagraph 2., but shall be
5464subject to all other requirements of this paragraph and s.
5465627.062.
5466     5.  Nothing in this paragraph shall require or allow the
5467corporation to adopt a rate that is inadequate under s. 627.062.
5468     6.  The corporation shall certify to the office at least
5469twice annually that its personal lines rates comply with the
5470requirements of subparagraphs 1. and 2. If any adjustment in the
5471rates or rating factors of the corporation is necessary to
5472ensure such compliance, the corporation shall make and implement
5473such adjustments and file its revised rates and rating factors
5474with the office. If the office thereafter determines that the
5475revised rates and rating factors fail to comply with the
5476provisions of subparagraphs 1. and 2., it shall notify the
5477corporation and require the corporation to amend its rates or
5478rating factors in conjunction with its next rate filing. The
5479office must notify the corporation by electronic means of any
5480rate filing it approves for any insurer among the insurers
5481referred to in subparagraph 2.
5482     7.  In addition to the rates otherwise determined pursuant
5483to this paragraph, the corporation shall impose and collect an
5484amount equal to the premium tax provided for in s. 624.509 to
5485augment the financial resources of the corporation.
5486     8.a.  To assist the corporation in developing additional
5487ratemaking methods to assure compliance with subparagraphs 1.
5488and 4., the corporation shall appoint a rate methodology panel
5489consisting of one person recommended by the Florida Association
5490of Insurance Agents, one person recommended by the Professional
5491Insurance Agents of Florida, one person recommended by the
5492Florida Association of Insurance and Financial Advisors, one
5493person recommended by the insurer with the highest voluntary
5494market share of residential property insurance business in the
5495state, one person recommended by the insurer with the second-
5496highest voluntary market share of residential property insurance
5497business in the state, one person recommended by an insurer
5498writing commercial residential property insurance in this state,
5499one person recommended by the Office of Insurance Regulation,
5500and one board member designated by the board chairman, who shall
5501serve as chairman of the panel.
5502     b.  By January 1, 2004, the rate methodology panel shall
5503provide a report to the corporation of its findings and
5504recommendations for the use of additional ratemaking methods and
5505procedures, including the use of a rate equalization surcharge
5506in an amount sufficient to assure that the total cost of
5507coverage for policyholders or applicants to the corporation is
5508sufficient to comply with subparagraph 1.
5509     c.  Within 30 days after such report, the corporation shall
5510present to the President of the Senate, the Speaker of the House
5511of Representatives, the minority party leaders of each house of
5512the Legislature, and the chairs of the standing committees of
5513each house of the Legislature having jurisdiction of insurance
5514issues, a plan for implementing the additional ratemaking
5515methods and an outline of any legislation needed to facilitate
5516use of the new methods.
5517     d.  The plan must include a provision that producer
5518commissions paid by the corporation shall not be calculated in
5519such a manner as to include any rate equalization surcharge.
5520However, without regard to the plan to be developed or its
5521implementation, producer commissions paid by the corporation for
5522each account, other than the quota share primary program, shall
5523remain fixed as to percentage, effective rate, calculation, and
5524payment method until January 1, 2004.
5525     8.9.  By January 1, 2004, the corporation shall develop a
5526notice to policyholders or applicants that the rates of Citizens
5527Property Insurance Corporation are intended to be higher than
5528the rates of any admitted carrier and providing other
5529information the corporation deems necessary to assist consumers
5530in finding other voluntary admitted insurers willing to insure
5531their property.
5532     Section 185.  Subsection (6) of section 627.64872, Florida
5533Statutes, is amended to read:
5534     627.64872  Florida Health Insurance Plan.--
5535     (6)  INTERIM REPORT; ANNUAL REPORT.--
5536     (a)  By no later than December 1, 2004, the board shall
5537report to the Governor, the President of the Senate, and the
5538Speaker of the House of Representatives the results of an
5539actuarial study conducted by the board to determine, including,
5540but not limited to:
5541     1.  The impact the creation of the plan will have on the
5542small group insurance market and the individual market on
5543premiums paid by insureds. This shall include an estimate of the
5544total anticipated aggregate savings for all small employers in
5545the state.
5546     2.  The number of individuals the pool could reasonably
5547cover at various funding levels, specifically, the number of
5548people the pool may cover at each of those funding levels.
5549     3.  A recommendation as to the best source of funding for
5550the anticipated deficits of the pool.
5551     4.  The effect on the individual and small group market by
5552including in the Florida Health Insurance Plan persons eligible
5553for coverage under s. 627.6487, as well as the cost of including
5554these individuals.
5555
5556The board shall take no action to implement the Florida Health
5557Insurance Plan, other than the completion of the actuarial study
5558authorized in this paragraph, until funds are appropriated for
5559startup cost and any projected deficits.
5560     (b)  No later than December 1, 2005, and annually
5561thereafter, the board shall submit to the Governor, the
5562President of the Senate, the Speaker of the House of
5563Representatives, and the substantive legislative committees of
5564the Legislature a report which includes an independent actuarial
5565study to determine, including, but not be limited to:
5566     (a)1.  The impact the creation of the plan has on the small
5567group and individual insurance market, specifically on the
5568premiums paid by insureds. This shall include an estimate of the
5569total anticipated aggregate savings for all small employers in
5570the state.
5571     (b)2.  The actual number of individuals covered at the
5572current funding and benefit level, the projected number of
5573individuals that may seek coverage in the forthcoming fiscal
5574year, and the projected funding needed to cover anticipated
5575increase or decrease in plan participation.
5576     (c)3.  A recommendation as to the best source of funding
5577for the anticipated deficits of the pool.
5578     (d)4.  A summarization of the activities of the plan in the
5579preceding calendar year, including the net written and earned
5580premiums, plan enrollment, the expense of administration, and
5581the paid and incurred losses.
5582     (e)5.  A review of the operation of the plan as to whether
5583the plan has met the intent of this section.
5584
5585The board shall take no action to implement the Florida Health
5586Insurance Plan, other than the completion of the actuarial study
5587authorized in this subsection, until funds are appropriated for
5588startup costs and any projected deficits.
5589     Section 186.  Subsection (2) of section 744.7021, Florida
5590Statutes, is amended to read:
5591     744.7021  Statewide Public Guardianship Office.--There is
5592hereby created the Statewide Public Guardianship Office within
5593the Department of Elderly Affairs.
5594     (2)  The executive director shall, within available
5595resources, have oversight responsibilities for all public
5596guardians.
5597     (a)  The executive director shall review the current public
5598guardian programs in Florida and other states.
5599     (b)  The executive director, in consultation with local
5600guardianship offices, shall develop statewide performance
5601measures and standards.
5602     (c)  The executive director shall review the various
5603methods of funding guardianship programs, the kinds of services
5604being provided by such programs, and the demographics of the
5605wards. In addition, the executive director shall review and make
5606recommendations regarding the feasibility of recovering a
5607portion or all of the costs of providing public guardianship
5608services from the assets or income of the wards.
5609     (d)  By January 1, 2004, and by January 1 of each year
5610thereafter, the executive director shall provide a status report
5611and provide further recommendations to the secretary that
5612address the need for public guardianship services and related
5613issues.
5614     (d)(e)  The executive director may provide assistance to
5615local governments or entities in pursuing grant opportunities.
5616The executive director shall evaluate review and make
5617recommendations in the annual report on the availability and
5618efficacy of seeking Medicaid matching funds. The executive
5619director shall diligently seek ways to use existing programs and
5620services to meet the needs of public wards.
5621     (e)(f)  The executive director, in consultation with the
5622Florida Guardianship Foundation, shall develop a guardianship
5623training program curriculum that may be offered to all guardians
5624whether public or private.
5625     (f)  The executive director shall provide an annual status
5626report to the secretary that includes policy and legislative
5627recommendations relating to the provision of public
5628guardianship.
5629     Section 187.  Subsections (5) and (7) of section 744.708,
5630Florida Statutes, are amended to read:
5631     744.708  Reports and standards.--
5632     (5)  An independent audit of each public guardian office by
5633a qualified certified public accountant shall be conducted by an
5634independent certified public accountant licensed under chapter
5635473 performed at least every 2 years. The audit should include
5636an investigation into the practices of the office for managing
5637the person and property of the wards. A copy of the report shall
5638be submitted to the Statewide Public Guardianship Office. In
5639addition, the office of public guardian shall be subject to
5640audits or examinations by the Auditor General and the Office of
5641Program Policy Analysis and Government Accountability pursuant
5642to law.
5643     (7)  The ratio for professional staff to wards shall be 1
5644professional to 40 wards. The Statewide Public Guardianship
5645Office may increase or decrease the ratio after consultation
5646with the local public guardian and the chief judge of the
5647circuit court. The basis of the decision to increase or decrease
5648the prescribed ratio shall be reported in the annual report to
5649the Governor, the President of the Senate, the Speaker of the
5650House of Representatives, and the Chief Justice of the Supreme
5651Court.
5652     Section 188.  Subsection (3) of section 765.5215, Florida
5653Statutes, is amended to read:
5654     765.5215  Education program relating to anatomical
5655gifts.--The Agency for Health Care Administration, subject to
5656the concurrence of the Department of Highway Safety and Motor
5657Vehicles, shall develop a continuing program to educate and
5658inform medical professionals, law enforcement agencies and
5659officers, high school children, state and local government
5660employees, and the public regarding the laws of this state
5661relating to anatomical gifts and the need for anatomical gifts.
5662     (3)  The Agency for Health Care Administration shall, no
5663later than March 1 of each year, submit a report to the
5664Legislature containing statistical data on the effectiveness of
5665the program in procuring donor organs and the effect of the
5666program on state spending for health care.
5667     Section 189.  Subsection (6) of section 768.295, Florida
5668Statutes, is amended to read:
5669     768.295  Strategic Lawsuits Against Public Participation
5670(SLAPP) suits by governmental entities prohibited.--
5671     (6)  In any case filed by a governmental entity which is
5672found by a court to be in violation of this section, the
5673governmental entity shall report such finding and provide a copy
5674of the court's order to the Attorney General no later than 30
5675days after such order is final. The Attorney General shall
5676maintain a record of such court orders report any violation of
5677this section by a governmental entity to the Cabinet, the
5678President of the Senate, and the Speaker of the House of
5679Representatives. A copy of such report shall be provided to the
5680affected governmental entity.
5681     Section 190.  Paragraphs (a) and (c) of subsection (3) of
5682section 775.084, Florida Statutes, are amended to read:
5683     775.084  Violent career criminals; habitual felony
5684offenders and habitual violent felony offenders; three-time
5685violent felony offenders; definitions; procedure; enhanced
5686penalties or mandatory minimum prison terms.--
5687     (3)(a)  In a separate proceeding, the court shall determine
5688if the defendant is a habitual felony offender or a habitual
5689violent felony offender. The procedure shall be as follows:
5690     1.  The court shall obtain and consider a presentence
5691investigation prior to the imposition of a sentence as a
5692habitual felony offender or a habitual violent felony offender.
5693     2.  Written notice shall be served on the defendant and the
5694defendant's attorney a sufficient time prior to the entry of a
5695plea or prior to the imposition of sentence in order to allow
5696the preparation of a submission on behalf of the defendant.
5697     3.  Except as provided in subparagraph 1., all evidence
5698presented shall be presented in open court with full rights of
5699confrontation, cross-examination, and representation by counsel.
5700     4.  Each of the findings required as the basis for such
5701sentence shall be found to exist by a preponderance of the
5702evidence and shall be appealable to the extent normally
5703applicable to similar findings.
5704     5.  For the purpose of identification of a habitual felony
5705offender or a habitual violent felony offender, the court shall
5706fingerprint the defendant pursuant to s. 921.241.
5707     6.  For an offense committed on or after October 1, 1995,
5708if the state attorney pursues a habitual felony offender
5709sanction or a habitual violent felony offender sanction against
5710the defendant and the court, in a separate proceeding pursuant
5711to this paragraph, determines that the defendant meets the
5712criteria under subsection (1) for imposing such sanction, the
5713court must sentence the defendant as a habitual felony offender
5714or a habitual violent felony offender, subject to imprisonment
5715pursuant to this section unless the court finds that such
5716sentence is not necessary for the protection of the public. If
5717the court finds that it is not necessary for the protection of
5718the public to sentence the defendant as a habitual felony
5719offender or a habitual violent felony offender, the court shall
5720provide written reasons; a written transcript of orally stated
5721reasons is permissible, if filed by the court within 7 days
5722after the date of sentencing. Each month, the court shall submit
5723to the Office of Economic and Demographic Research of the
5724Legislature the written reasons or transcripts in each case in
5725which the court determines not to sentence a defendant as a
5726habitual felony offender or a habitual violent felony offender
5727as provided in this subparagraph.
5728     (c)  In a separate proceeding, the court shall determine
5729whether the defendant is a violent career criminal with respect
5730to a primary offense committed on or after October 1, 1995. The
5731procedure shall be as follows:
5732     1.  Written notice shall be served on the defendant and the
5733defendant's attorney a sufficient time prior to the entry of a
5734plea or prior to the imposition of sentence in order to allow
5735the preparation of a submission on behalf of the defendant.
5736     2.  All evidence presented shall be presented in open court
5737with full rights of confrontation, cross-examination, and
5738representation by counsel.
5739     3.  Each of the findings required as the basis for such
5740sentence shall be found to exist by a preponderance of the
5741evidence and shall be appealable only as provided in paragraph
5742(d).
5743     4.  For the purpose of identification, the court shall
5744fingerprint the defendant pursuant to s. 921.241.
5745     5.  For an offense committed on or after October 1, 1995,
5746if the state attorney pursues a violent career criminal sanction
5747against the defendant and the court, in a separate proceeding
5748pursuant to this paragraph, determines that the defendant meets
5749the criteria under subsection (1) for imposing such sanction,
5750the court must sentence the defendant as a violent career
5751criminal, subject to imprisonment pursuant to this section
5752unless the court finds that such sentence is not necessary for
5753the protection of the public. If the court finds that it is not
5754necessary for the protection of the public to sentence the
5755defendant as a violent career criminal, the court shall provide
5756written reasons; a written transcript of orally stated reasons
5757is permissible, if filed by the court within 7 days after the
5758date of sentencing. Each month, the court shall submit to the
5759Office of Economic and Demographic Research of the Legislature
5760the written reasons or transcripts in each case in which the
5761court determines not to sentence a defendant as a violent career
5762criminal as provided in this subparagraph.
5763     Section 191.  Subsection (8) of section 790.22, Florida
5764Statutes, is amended to read:
5765     790.22  Use of BB guns, air or gas-operated guns, or
5766electric weapons or devices by minor under 16; limitation;
5767possession of firearms by minor under 18 prohibited;
5768penalties.--
5769     (8)  Notwithstanding s. 985.213 or s. 985.215(1), if a
5770minor under 18 years of age is charged with an offense that
5771involves the use or possession of a firearm, as defined in s.
5772790.001, including a violation of subsection (3), or is charged
5773for any offense during the commission of which the minor
5774possessed a firearm, the minor shall be detained in secure
5775detention, unless the state attorney authorizes the release of
5776the minor, and shall be given a hearing within 24 hours after
5777being taken into custody. At the hearing, the court may order
5778that the minor continue to be held in secure detention in
5779accordance with the applicable time periods specified in s.
5780985.215(5), if the court finds that the minor meets the criteria
5781specified in s. 985.215(2), or if the court finds by clear and
5782convincing evidence that the minor is a clear and present danger
5783to himself or herself or the community. The Department of
5784Juvenile Justice shall prepare a form for all minors charged
5785under this subsection that states the period of detention and
5786the relevant demographic information, including, but not limited
5787to, the sex, age, and race of the minor; whether or not the
5788minor was represented by private counsel or a public defender;
5789the current offense; and the minor's complete prior record,
5790including any pending cases. The form shall be provided to the
5791judge to be considered when determining whether the minor should
5792be continued in secure detention under this subsection. An order
5793placing a minor in secure detention because the minor is a clear
5794and present danger to himself or herself or the community must
5795be in writing, must specify the need for detention and the
5796benefits derived by the minor or the community by placing the
5797minor in secure detention, and must include a copy of the form
5798provided by the department. The Department of Juvenile Justice
5799must send the form, including a copy of any order, without
5800client-identifying information, to the Office of Economic and
5801Demographic Research.
5802     Section 192.  Paragraph (b) of subsection (9) of section
5803932.7055, Florida Statutes, is amended to read:
5804     932.7055  Disposition of liens and forfeited property.--
5805     (9)
5806     (b)  The Department of Law Enforcement shall submit an
5807annual report to the criminal justice committees of the House of
5808Representatives and of the Senate compiling the information and
5809data related in the semiannual reports submitted by the law
5810enforcement agencies. The annual report shall also contain a
5811list of law enforcement agencies which have failed to meet the
5812reporting requirements and a summary of any action which has
5813been taken against the noncomplying agency by the Office of the
5814Chief Financial Officer.
5815     Section 193.  Subsection (2) of section 943.125, Florida
5816Statutes, is amended to read:
5817     943.125  Law enforcement agency accreditation.--
5818     (2)  FEASIBILITY AND STATUS REPORT.--The Florida Sheriffs
5819Association and the Florida Police Chiefs Association, either
5820jointly or separately, shall report to the Speaker of the House
5821of Representatives and the President of the Senate regarding the
5822feasibility of a law enforcement agency accreditation program
5823and the status of the efforts of the Florida Sheriffs
5824Association and the Florida Police Chiefs Association to develop
5825a law enforcement agency accreditation program as provided in
5826this section.
5827     Section 194.  Subsection (9) of section 943.68, Florida
5828Statutes, is amended to read:
5829     943.68  Transportation and protective services.--
5830     (9)  The department shall submit reports annually on July
583115 and January 15 of each year to the President of the Senate,
5832Speaker of the House of Representatives, Governor, and members
5833of the Cabinet, detailing all transportation and protective
5834services provided under subsections (1), (5), and (6) within the
5835preceding fiscal year 6 months. Each report shall include a
5836detailed accounting of the cost of such transportation and
5837protective services, including the names of persons provided
5838such services and the nature of state business performed.
5839     Section 195.  Section 944.023, Florida Statutes, is amended
5840to read:
5841     944.023  Definitions; capacity factors Comprehensive
5842correctional master plan.--
5843     (1)  As used in this section and s. 944.0231, the term:
5844     (a)  "Criminal Justice Estimating Conference" means the
5845Criminal Justice Estimating Conference referred to in s.
5846216.136(5).
5847     (b)  "Total capacity" of the state correctional system
5848means the total design capacity of all institutions and
5849facilities in the state correctional system, which may include
5850those facilities authorized and funded under chapter 957,
5851increased by one-half, with the following exceptions:
5852     1.  Medical and mental health beds must remain at design
5853capacity.
5854     2.  Community-based contracted beds must remain at design
5855capacity.
5856     3.  The one-inmate-per-cell requirement at Florida State
5857Prison and other maximum security facilities must be maintained
5858pursuant to paragraph (3)(7)(a).
5859     4.  Community correctional centers and drug treatment
5860centers must be increased by one-third.
5861     5.  A housing unit may not exceed its maximum capacity
5862pursuant to paragraphs (3)(7)(a) and (b).
5863     6.  A number of beds equal to 5 percent of total capacity
5864shall be deducted for management beds at institutions.
5865     (c)  "State correctional system" means the correctional
5866system as defined in s. 944.02.
5867     (2)  The department shall develop a comprehensive
5868correctional master plan. The master plan shall project the
5869needs for the state correctional system for the coming 5-year
5870period and shall be updated annually and submitted to the
5871Governor's office and the Legislature at the same time the
5872department submits its legislative budget request as provided in
5873chapter 216.
5874     (3)  The purposes of the comprehensive correctional master
5875plan shall be:
5876     (a)  To ensure that the penalties of the criminal justice
5877system are completely and effectively administered to the
5878convicted criminals and, to the maximum extent possible, that
5879the criminal is provided opportunities for self-improvement and
5880returned to freedom as a productive member of society.
5881     (b)  To the extent possible, to protect the public safety
5882and the law-abiding citizens of this state and to carry out the
5883laws protecting the rights of the victims of convicted
5884criminals.
5885     (c)  To develop and maintain a humane system of punishment
5886providing prison inmates with proper housing, nourishment, and
5887medical attention.
5888     (d)  To provide fair and adequate compensation and benefits
5889to the employees of the state correctional system.
5890     (e)  To the extent possible, to maximize the effective and
5891efficient use of the principles used in private business.
5892     (f)  To provide that convicted criminals not be
5893incarcerated for any longer period of time or in any more secure
5894facility than is necessary to ensure adequate sanctions,
5895rehabilitation of offenders, and protection of public safety.
5896     (4)  The comprehensive correctional master plan shall use
5897the estimates of the Criminal Justice Estimating Conference and
5898shall include:
5899     (a)  A plan for the decentralization of reception and
5900classification facilities for the implementation of a systemwide
5901diagnosis-and-evaluation capability for adult offenders. The
5902plan shall provide for a system of psychological testing and
5903evaluation as well as medical screening through department
5904resources or with other public or private agencies through a
5905purchase-of-services agreement.
5906     (b)  A plan developed by the department for the
5907comprehensive vocational and educational training of, and
5908treatment programs for, offenders and their evaluation within
5909each institution, program, or facility of the department, based
5910upon the identified needs of the offender and the requirements
5911of the employment market.
5912     (c)  A plan contracting with local facilities and programs
5913as short-term confinement resources of the department for
5914offenders who are sentenced to 3 years or less, or who are
5915within 3 years or less of their anticipated release date, and
5916integration of detention services which have community-based
5917programs. The plan shall designate such facilities and programs
5918by region of the state and identify, by county, the capability
5919for local incarceration.
5920     (d)  A detailed analysis of methods to implement
5921diversified alternatives to institutionalization when such
5922alternatives can be safely employed. The analysis shall include
5923an assessment of current pretrial intervention, probation, and
5924community control alternatives and their cost-effectiveness with
5925regard to restitution to victims, reimbursements for cost of
5926supervision, and subsequent violations resulting in commitments
5927to the department. Such analysis shall also include an
5928assessment of current use of electronic surveillance of
5929offenders and projected potential for diverting additional
5930categories of offenders from incarceration within the
5931department.
5932     (e)  A detailed analysis of current incarceration rates of
5933both the state and county correctional systems with the
5934calculation by the department of the current and projected
5935ratios of inmates in the correctional system, as defined in s.
5936945.01, to the general population of the state which will serve
5937as a basis for projecting construction needs.
5938     (f)  A plan for community-based facilities and programs for
5939the reintegration of offenders into society whereby inmates who
5940are being released shall receive assistance. Such assistance may
5941be through work-release, transition assistance, release
5942assistance stipend, contract release, postrelease special
5943services, temporary housing, or job placement programs.
5944     (g)  A plan reflecting parity of pay or comparable economic
5945benefits for correctional officers with that of law enforcement
5946officers in this state, and an assessment of projected impacts
5947on turnover rates within the department.
5948     (h)  A plan containing habitability criteria which defines
5949when beds are available and functional for use by inmates, and
5950containing factors which define when institutions and facilities
5951may be added to the inventory of the state correctional system.
5952     (5)  The comprehensive correctional master plan shall
5953project by year the total operating and capital outlay costs
5954necessary for constructing a sufficient number of prison beds to
5955avoid a deficiency in prison beds. Included in the master plan
5956which projects operating and capital outlay costs shall be a
5957siting plan which shall assess, rank, and designate appropriate
5958sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
5959include an assessment of the department's current capability for
5960providing the degree of security necessary to ensure public
5961safety and should reflect the levels of security needed for the
5962forecasted admissions of various types of offenders based upon
5963sentence lengths and severity of offenses. The plan shall also
5964provide construction options for targeting violent and habitual
5965offenders for incarceration while providing specific
5966alternatives for the various categories of lesser offenders.
5967     (2)(6)  Institutions within the state correctional system
5968shall have the following design capacity factors:
5969     (a)  Rooms and prison cells between 40 square feet and 90
5970square feet, inclusive: one inmate per room or prison cell.
5971     (b)  Dormitory-style rooms and other rooms exceeding 90
5972square feet: one inmate per 55 square feet.
5973     (c)  At institutions with rooms or cells, except to the
5974extent that separate confinement cells have been constructed, a
5975number of rooms or prison cells equal to 3 percent of total
5976design capacity must be deducted from design capacity and set
5977aside for confinement purposes.
5978     (d)  Bed count calculations used to determine design
5979capacity shall only include beds which are functional and
5980available for use by inmates.
5981     (3)(7)  Institutions within the state correctional system
5982shall have the following maximum capacity factors:
5983     (a)  Rooms and prison cells between 40 square feet and 60
5984square feet, inclusive: one inmate per room or cell. If the room
5985or prison cell is between 60 square feet and 90 square feet,
5986inclusive, two inmates are allowed in each room, except that one
5987inmate per room or prison cell is allowed at Florida State
5988Prison or any other maximum security institution or facility
5989which may be constructed.
5990     (b)  Dormitory-style rooms and other rooms exceeding 90
5991square feet: one inmate per 37.5 square feet. Double-bunking is
5992generally allowed only along the outer walls of a dormitory.
5993     (c)  At institutions with rooms or cells, except to the
5994extent that separate confinement cells have been constructed, a
5995number of rooms or prison cells equal to 3 percent of total
5996maximum capacity are not available for maximum capacity, and
5997must be set aside for confinement purposes, thereby reducing
5998maximum capacity by 6 percent since these rooms would otherwise
5999house two inmates.
6000     (d)  A number of beds equal to 5 percent of total maximum
6001capacity must be deducted for management at institutions.
6002     Section 196.  Paragraph (f) of subsection (3) of section
6003944.801, Florida Statutes, is amended to read:
6004     944.801  Education for state prisoners.--
6005     (3)  The responsibilities of the Correctional Education
6006Program shall be to:
6007     (f)  Report annual activities to the Secretary of
6008Corrections, the Commissioner of Education, the Governor, and
6009the Legislature.
6010     Section 197.  Subsection (10) of section 945.35, Florida
6011Statutes, is amended to read:
6012     945.35  Requirement for education on human immunodeficiency
6013virus, acquired immune deficiency syndrome, and other
6014communicable diseases.--
6015     (10)  The department shall report to the Legislature by
6016March 1 each year as to the implementation of this program and
6017the participation by inmates and staff.
6018     Section 198.  Subsection (9) of section 958.045, Florida
6019Statutes, is amended to read:
6020     958.045  Youthful offender basic training program.--
6021     (9)  Upon commencement of the community residential
6022program, the department shall submit annual reports to the
6023Governor, the President of the Senate, and the Speaker of the
6024House of Representatives detailing the extent of implementation
6025of the basic training program and the community residential
6026program, and outlining future goals and any recommendation the
6027department has for future legislative action.
6028     Section 199.  Paragraph (c) of subsection (1) of section
6029960.045, Florida Statutes, is amended to read:
6030     960.045  Department of Legal Affairs; powers and
6031duties.--It shall be the duty of the department to assist
6032persons who are victims of crime.
6033     (1)  The department shall:
6034     (c)  Prepare an annual Render, prior to January 1 of each
6035year, to the presiding officers of the Senate and House of
6036Representatives a written report of the activities of the Crime
6037Victims' Services Office that shall be available on the
6038department's website.
6039     Section 200.  Paragraph (c) of subsection (8) of section
6040985.02, Florida Statutes, is amended to read
6041     985.02  Legislative intent for the juvenile justice
6042system.--
6043     (8)  GENDER-SPECIFIC PROGRAMMING.--
6044     (c)  The Office of Program Policy Analysis and Government
6045Accountability shall conduct an analysis of programs for young
6046females within the Department of Juvenile Justice. The analysis
6047shall address the nature of young female offenders in this
6048state, the percentage of young females who are incarcerated in
6049the juvenile justice system for status offenses and violations
6050of probation, and whether these young females could be better
6051served in less costly community-based programs. In addition, the
6052review shall analyze whether existing juvenile justice programs
6053are designed to meet the gender-specific needs of young females
6054and an analysis of the true cost of providing gender-specific
6055services to young females.
6056     Section 201.  Subsections (3), (4), and (5) of section
6057985.08, Florida Statutes, are amended to read:
6058     985.08  Information systems.--
6059     (3)  In order to assist in the integration of the
6060information to be shared, the sharing of information obtained,
6061the joint planning on diversion and early intervention
6062strategies for juveniles at risk of becoming serious habitual
6063juvenile offenders, and the intervention strategies for serious
6064habitual juvenile offenders, a multiagency task force should be
6065organized and utilized by the law enforcement agency or county
6066in conjunction with the initiation of the information system
6067described in subsections (1) and (2). The multiagency task force
6068shall be composed of representatives of those agencies and
6069persons providing information for the central identification
6070file and the multiagency information sheet.
6071     (4)  This multiagency task force shall develop a plan for
6072the information system that includes measures which identify and
6073address any disproportionate representation of ethnic or racial
6074minorities in the information systems and shall develop
6075strategies that address the protection of individual
6076constitutional rights.
6077     (3)(5)  Any law enforcement agency, or county that which
6078implements a juvenile offender information system and the
6079multiagency task force which maintain the information system
6080must annually provide any information gathered during the
6081previous year to the delinquency and gang prevention council of
6082the judicial circuit in which the county is located. This
6083information shall include the number, types, and patterns of
6084delinquency tracked by the juvenile offender information system.
6085     Section 202.  Subsections (2) and (3) of section 985.3045,
6086Florida Statutes, are amended to read:
6087     985.3045  Prevention service program; monitoring; report;
6088uniform performance measures.--
6089     (2)  No later than January 31, 2001, the prevention service
6090program shall submit a report to the Governor, the Speaker of
6091the House, and the President of the Senate concerning the
6092implementation of a statewide multiagency plan to coordinate the
6093efforts of all state-funded programs, grants, appropriations, or
6094activities that are designed to prevent juvenile crime,
6095delinquency, gang membership, or status offense behaviors and
6096all state-funded programs, grants, appropriations, or activities
6097that are designed to prevent a child from becoming a "child in
6098need of services," as defined in chapter 984. The report shall
6099include a proposal for a statewide coordinated multiagency
6100juvenile delinquency prevention policy. In preparing the report,
6101the department shall coordinate with and receive input from each
6102state agency or entity that receives or uses state
6103appropriations to fund programs, grants, appropriations, or
6104activities that are designed to prevent juvenile crime,
6105delinquency, gang membership, status offense, or that are
6106designed to prevent a child from becoming a "child in need of
6107services," as defined in chapter 984. The report shall identify
6108whether legislation will be needed to effect a statewide plan to
6109coordinate the efforts of all state-funded programs, grants,
6110appropriations, or activities that are designed to prevent
6111juvenile crime, delinquency, gang membership, or status offense
6112behaviors and all state-funded programs, grants, appropriations,
6113or activities that are designed to prevent a child from becoming
6114a "child in need of services," as defined in chapter 984. The
6115report shall consider the potential impact of requiring such
6116state-funded efforts to target at least one of the following
6117strategies designed to prevent youth from entering or reentering
6118the juvenile justice system and track the associated outcome
6119data:
6120     (a)  Encouraging youth to attend school, which may include
6121special assistance and tutoring to address deficiencies in
6122academic performance; outcome data to reveal the number of days
6123youth attended school while participating in the program.
6124     (b)  Engaging youth in productive and wholesome activities
6125during nonschool hours that build positive character or instill
6126positive values, or that enhance educational experiences;
6127outcome data to reveal the number of youth who are arrested
6128during nonschool hours while participating in the program.
6129     (c)  Encouraging youth to avoid the use of violence;
6130outcome data to reveal the number of youth who are arrested for
6131crimes involving violence while participating in the program.
6132     (d)  Assisting youth to acquire skills needed to find
6133meaningful employment, which may include assistance in finding a
6134suitable employer for the youth; outcome data to reveal the
6135number of youth who obtain and maintain employment for at least
6136180 days.
6137
6138The department is encouraged to identify additional strategies
6139which may be relevant to preventing youth from becoming children
6140in need of services and to preventing juvenile crime,
6141delinquency, gang membership and status offense behaviors. The
6142report shall consider the feasibility of developing uniform
6143performance measures and methodology for collecting such outcome
6144data to be utilized by all state-funded programs, grants,
6145appropriations, or activities that are designed to prevent
6146juvenile crime, delinquency, gang membership, or status offense
6147behaviors and all state-funded programs, grants, appropriations,
6148or activities that are designed to prevent a child from becoming
6149a "child in need of services," as defined in chapter 984. The
6150prevention service program is encouraged to identify other
6151issues that may be of critical importance to preventing a child
6152from becoming a child in need of services, as defined in chapter
6153984, or to preventing juvenile crime, delinquency, gang
6154membership, or status offense behaviors.
6155     (2)(3)  The department shall expend funds related to the
6156prevention of juvenile delinquency in a manner consistent with
6157the policies expressed in ss. 984.02 and 985.02. The department
6158shall expend said funds in a manner that maximizes public
6159accountability and ensures the documentation of outcomes.
6160     (a)  All entities that receive or use state moneys to fund
6161juvenile delinquency prevention services through contracts or
6162grants with the department shall design the programs providing
6163such services to further one or more of the following
6164strategies: specified in paragraphs (2)(a)-(d).
6165     1.  Encouraging youth to attend school, which may include
6166special assistance and tutoring to address deficiencies in
6167academic performance and collecting outcome data to reveal the
6168number of days youth attended school while participating in the
6169program.
6170     2.  Engaging youth in productive and wholesome activities
6171during nonschool hours that build positive character or instill
6172positive values or that enhance educational experiences and
6173collecting outcome data to reveal the number of youths who are
6174arrested during nonschool hours while participating in the
6175program.
6176     3.  Encouraging youth to avoid the use of violence and
6177collecting outcome data to reveal the number of youths who are
6178arrested for crimes involving violence while participating in
6179the program.
6180     4.  Assisting youth to acquire skills needed to find
6181meaningful employment, which may include assistance in finding a
6182suitable employer for the youth and collecting outcome data to
6183reveal the number of youths who obtain and maintain employment
6184for at least 180 days.
6185     (b)  The department shall develop an outcome measure for
6186each program strategy specified in paragraph (a) paragraphs
6187(2)(a)-(d) that logically relates to the risk factor addressed
6188by the strategy.
6189     (c)  All entities that receive or use state moneys to fund
6190the juvenile delinquency prevention services through contracts
6191or grants with the department shall, as a condition of receipt
6192of state funds, provide the department with personal demographic
6193information concerning all participants in the service
6194sufficient to allow the department to verify criminal or
6195delinquent history information, school attendance or academic
6196information, employment information, or other requested
6197performance information.
6198     Section 203.  Section 985.3046, Florida Statutes, is
6199repealed.
6200     Section 204.  Subsection (5) of section 985.305, Florida
6201Statutes, is amended to read:
6202     985.305  Early delinquency intervention program;
6203criteria.--
6204     (5)  Not later than 18 months after the initiation of an
6205early delinquency intervention program, the department shall
6206prepare and submit a progress report to the chairs of the
6207appropriate House and Senate fiscal committees and the
6208appropriate House and Senate substantive committees on the
6209development and implementation of the program, including:
6210     (a)  Factors determining placement of a child in the
6211program.
6212     (b)  Services provided in each component of the program.
6213     (c)  Costs associated with each component of the program.
6214     (d)  Problems or difficulties encountered in the
6215implementation and operation of the program.
6216     Section 205.  Subsection (1) of section 985.3155, Florida
6217Statutes, is amended to read:
6218     985.3155  Multiagency plan for vocational education.--
6219     (1)  The Department of Juvenile Justice and the Department
6220of Education shall, in consultation with the statewide Workforce
6221Development Youth Council, school districts, providers, and
6222others, jointly develop a multiagency plan for vocational
6223education that establishes the curriculum, goals, and outcome
6224measures for vocational programs in juvenile commitment
6225facilities. The plan must include:
6226     (a)  Provisions for maximizing appropriate state and
6227federal funding sources, including funds under the Workforce
6228Investment Act and the Perkins Act;
6229     (b)  The responsibilities of both departments and all other
6230appropriate entities; and
6231     (c)  A detailed implementation schedule.
6232
6233The plan must be submitted to the Governor, the President of the
6234Senate, and the Speaker of the House of Representatives by May
62351, 2001.
6236     Section 206.  Section 985.403, Florida Statutes, is
6237repealed.
6238     Section 207.  Subsection (7) of section 985.412, Florida
6239Statutes, is amended to read:
6240     985.412  Quality assurance and cost-effectiveness.--
6241     (7)  No later than November 1, 2001, the department shall
6242submit a proposal to the Legislature concerning funding
6243incentives and disincentives for the department and for
6244providers under contract with the department. The
6245recommendations for funding incentives and disincentives shall
6246be based upon both quality assurance performance and cost-
6247effectiveness performance. The proposal should strive to achieve
6248consistency in incentives and disincentives for both department-
6249operated and contractor-provided programs. The department may
6250include recommendations for the use of liquidated damages in the
6251proposal; however, the department is not presently authorized to
6252contract for liquidated damages in non-hardware-secure
6253facilities until January 1, 2002.
6254     Section 208.  Subsections (3) and (4) of section 1003.492,
6255Florida Statutes, are amended to read:
6256     1003.492  Industry-certified career education programs.--
6257     (3)  The Department of Education shall study student
6258performance in industry-certified career education programs. The
6259department shall identify districts that currently operate
6260industry-certified career education programs. The study shall
6261examine the performance of participating students over time.
6262Performance factors shall include, but not be limited to,
6263graduation rates, retention rates, additional educational
6264attainment, employment records, earnings, and industry
6265satisfaction. The results of this study shall be submitted to
6266the President of the Senate and the Speaker of the House of
6267Representatives by December 31, 2004.
6268     (4)  The Department of Education shall conduct a study to
6269determine if a cost factor should be applied to industry-
6270certified career education programs and review the need for
6271startup funding for the programs. The study shall be completed
6272by December 31, 2004, and shall be submitted to the President of
6273the Senate and the Speaker of the House of Representatives.
6274     Section 209.  Subsection (4) of section 1003.61, Florida
6275Statutes, is amended to read:
6276     1003.61  Pilot attendance project.--It is the purpose of
6277this section to require the Manatee County District School Board
6278to implement a pilot project that raises the compulsory age of
6279attendance for children from the age of 16 years to the age of
628018 years. The pilot project applies to each child who has not
6281attained the age of 16 years by September 30 of the school year
6282in which a school board policy is adopted.
6283     (4)  The district school board must evaluate the effect of
6284its adopted policy raising the compulsory age of attendance on
6285school attendance and on the school district's dropout rate, as
6286well as on the costs associated with the pilot project. The
6287school district shall report its findings to the President of
6288the Senate, the Speaker of the House of Representatives, the
6289minority leader of each house of the Legislature, the Governor,
6290and the Commissioner of Education not later than August 1
6291following each year that the pilot project is in operation.
6292     Section 210.  Subsection (6) of section 1004.50, Florida
6293Statutes, is amended to read:
6294     1004.50  Institute on Urban Policy and Commerce.--
6295     (6)  The Governor shall submit an annual report to the
6296Legislature on the unmet needs in the state's urban communities.
6297     Section 211.  Section 1006.0605, Florida Statutes, is
6298repealed.
6299     Section 212.  Subsection (11) of section 1007.27, Florida
6300Statutes, is amended to read:
6301     1007.27  Articulated acceleration mechanisms.--
6302     (11)(a)  The State Board of Education shall conduct a
6303review of the extent to which the acceleration mechanisms
6304authorized by this section are currently utilized by school
6305districts and public postsecondary educational institutions and
6306shall submit a report to the Governor and the Legislature by
6307December 31, 2003.
6308     (b)  The report must include a summary of ongoing
6309activities and a plan to increase and enhance the use of
6310acceleration mechanisms as a way to shorten the length of time
6311as well as the funding required for a student, including a
6312student with a documented disability, to obtain a postsecondary
6313degree.
6314     (c)  The review and plan shall address, but are not limited
6315to, the following issues:
6316     1.  The manner in which students, including students with
6317documented disabilities, are advised regarding the availability
6318of acceleration mechanism options.
6319     2.  The availability of acceleration mechanism options to
6320eligible students, including students with documented
6321disabilities, who wish to participate.
6322     3.  The grading practices, including weighting of courses,
6323of school districts and public postsecondary educational
6324institutions with regard to credit earned through acceleration
6325mechanisms.
6326     4.  The extent to which credit earned through an
6327acceleration mechanism is used to meet the general education
6328requirements of a public postsecondary educational institution.
6329     5.  The extent to which the secondary instruction
6330associated with acceleration mechanism options could be offered
6331at sites other than public K through 12 school sites to assist
6332in meeting class size reduction needs.
6333     6.  The manner in which funding for instruction associated
6334with acceleration mechanism options is provided.
6335     7.  The feasibility of providing students, including
6336students with documented disabilities, the option of choosing
6337Advanced Placement credit or College Level Examination Program
6338(CLEP) credit as an alternative to dual enrollment credit upon
6339completion of a dual enrollment course.
6340     Section 213.  Subsection (8) of section 1009.70, Florida
6341Statutes, is amended to read:
6342     1009.70  Florida Education Fund.--
6343     (8)  There is created a legal education component of the
6344Florida Education Fund to provide the opportunity for minorities
6345to attain representation within the legal profession
6346proportionate to their representation within the general
6347population. The legal education component of the Florida
6348Education Fund includes a law school program and a pre-law
6349program.
6350     (a)  The law school scholarship program of the Florida
6351Education Fund is to be administered by the Board of Directors
6352of the Florida Education Fund for the purpose of increasing by
6353200 the number of minority students enrolled in law schools in
6354this state. Implementation of this program is to be phased in
6355over a 3-year period.
6356     1.  The board of directors shall provide financial,
6357academic, and other support to students selected for
6358participation in this program from funds appropriated by the
6359Legislature.
6360     2.  Student selection must be made in accordance with rules
6361adopted by the board of directors for that purpose and must be
6362based, at least in part, on an assessment of potential for
6363success, merit, and financial need.
6364     3.  Support must be made available to students who enroll
6365in private, as well as public, law schools in this state which
6366are accredited by the American Bar Association.
6367     4.  Scholarships must be paid directly to the participating
6368students.
6369     5.  Students who participate in this program must agree in
6370writing to sit for The Florida Bar examination and, upon
6371successful admission to The Florida Bar, to either practice law
6372in the state for a period of time equal to the amount of time
6373for which the student received aid, up to 3 years, or repay the
6374amount of aid received.
6375     6.  Annually, the board of directors shall compile a report
6376that includes a description of the selection process, an
6377analysis of the academic progress of all scholarship recipients,
6378and an analysis of expenditures. This report must be submitted
6379to the President of the Senate, the Speaker of the House of
6380Representatives, and the Governor.
6381     (b)  The minority pre-law scholarship loan program of the
6382Florida Education Fund is to be administered by the Board of
6383Directors of the Florida Education Fund for the purpose of
6384increasing the opportunity of minority students to prepare for
6385law school.
6386     1.  From funds appropriated by the Legislature, the board
6387of directors shall provide for student fees, room, board, books,
6388supplies, and academic and other support to selected minority
6389undergraduate students matriculating at eligible public and
6390independent colleges and universities in Florida.
6391     2.  Student selection must be made in accordance with rules
6392adopted by the board of directors for that purpose and must be
6393based, at least in part, on an assessment of potential for
6394success, merit, and financial need.
6395     3.  To be eligible, a student must make a written agreement
6396to enter or be accepted to enter a law school in this state
6397within 2 years after graduation or repay the scholarship loan
6398amount plus interest at the prevailing rate.
6399     4.  Recipients who fail to gain admission to a law school
6400within the specified period of time, may, upon admission to law
6401school, be eligible to have their loans canceled.
6402     5.  Minority pre-law scholarship loans shall be provided to
640334 minority students per year for up to 4 years each, for a
6404total of 136 scholarship loans. To continue receipt of
6405scholarship loans, recipients must maintain a 2.75 grade point
6406average for the freshman year and a 3.25 grade point average
6407thereafter. Participants must also take specialized courses to
6408enhance competencies in English and logic.
6409     6.  The board of directors shall maintain records on all
6410scholarship loan recipients. Participating institutions shall
6411submit academic progress reports to the board of directors
6412following each academic term. Annually, the board of directors
6413shall compile a report that includes a description of the
6414selection process, an analysis of the academic progress of all
6415scholarship loan recipients, and an analysis of expenditures.
6416This report must be submitted to the President of the Senate,
6417the Speaker of the House of Representatives, and the Governor.
6418     Section 214.  Subsection (8) of section 1011.32, Florida
6419Statutes, is amended to read:
6420     1011.32  Community College Facility Enhancement Challenge
6421Grant Program.--
6422     (8)  By September 1 of each year, the State Board of
6423Education shall transmit to the Governor and Legislature a list
6424of projects which meet all eligibility requirements to
6425participate in the Community College Facility Enhancement
6426Challenge Grant Program and a budget request which includes the
6427recommended schedule necessary to complete each project.
6428     Section 215.  Paragraph (p) of subsection (1) of section
64291011.62, Florida Statutes, is amended to read:
6430     1011.62  Funds for operation of schools.--If the annual
6431allocation from the Florida Education Finance Program to each
6432district for operation of schools is not determined in the
6433annual appropriations act or the substantive bill implementing
6434the annual appropriations act, it shall be determined as
6435follows:
6436     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
6437OPERATION.--The following procedure shall be followed in
6438determining the annual allocation to each district for
6439operation:
6440     (p)  Extended-school-year program.--It is the intent of the
6441Legislature that students be provided additional instruction by
6442extending the school year to 210 days or more. Districts may
6443apply to the Commissioner of Education for funds to be used in
6444planning and implementing an extended-school-year program. The
6445Department of Education shall recommend to the Legislature the
6446policies necessary for full implementation of an extended school
6447year.
6448     Section 216.  Subsection (1) of section 1012.42, Florida
6449Statutes, is amended to read:
6450     1012.42  Teacher teaching out-of-field.--
6451     (1)  ASSISTANCE.--Each district school board shall adopt
6452and implement a plan to assist any teacher teaching
6453out-of-field, and priority consideration in professional
6454development activities shall be given to teachers who are
6455teaching out-of-field. The district school board shall require
6456that such teachers participate in a certification or staff
6457development program designed to provide the teacher with the
6458competencies required for the assigned duties. The board-
6459approved assistance plan must include duties of administrative
6460personnel and other instructional personnel to provide students
6461with instructional services. Each district school board shall
6462contact its regional workforce board, created pursuant to s.
6463445.007, to identify resources that may assist teachers who are
6464teaching out-of-field and who are pursuing certification.
6465     Section 217.  Subsection (13) of section 1013.03, Florida
6466Statutes, is amended to read:
6467     1013.03  Functions of the department.--The functions of the
6468Department of Education as it pertains to educational facilities
6469shall include, but not be limited to, the following:
6470     (13)  By October 1, 2003, review all rules related to
6471school construction to identify requirements that are outdated,
6472obsolete, unnecessary, or otherwise could be amended in order to
6473provide additional flexibility to school districts to comply
6474with the constitutional class size maximums described in s.
64751003.03(1) and make recommendations concerning such rules to the
6476State Board of Education. The State Board of Education shall act
6477on such recommendations by December 31, 2003.
6478     Section 218.  This act shall take effect upon becoming a
6479law.


CODING: Words stricken are deletions; words underlined are additions.